AN ACT

 

1Amending Title 35 (Health and Safety) of the Pennsylvania
2Consolidated Statutes, providing for the Pennsylvania
3Disaster Emergency Assistance Program; establishing the
4Individual Disaster Assistance Grant Program and the Public
5Disaster Assistance Grant Program; providing for the deposit
6of liquor tax revenues into the Disaster Emergency Assistance
7Account; and making an appropriation.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Title 35 of the Pennsylvania Consolidated
11Statutes is amended by adding a chapter to read:

12CHAPTER 79

13PENNSYLVANIA DISASTER EMERGENCY

14ASSISTANCE PROGRAM

15Subchapter

16A. Preliminary Provisions

17B. Individual Disaster Assistance Grant Program

18C. Public Disaster Assistance Grant Program

19D. Miscellaneous Provisions

1SUBCHAPTER A

2PRELIMINARY PROVISIONS

3Sec.

47901. Short title of chapter.

57902. Legislative purpose.

67903. Definitions.

77904. Construction.

8§ 7901. Short title of chapter.

9This chapter shall be known and may be cited as the Disaster
10Emergency Assistance Act.

11§ 7902. Legislative purpose.

12It is the purpose of this chapter to create a State program
13to provide assistance to individuals and political subdivisions
14directly affected by natural and man-made disasters. State
15assistance will be limited to grants for projects that do not
16qualify for Federal assistance to help repair damages to primary
17residences, personal property and public facilities. Grants will
18be made available by the State in a disaster emergency area only
19when a Presidential disaster declaration is not covering the
20area.

21§ 7903. Definitions.

22The following words and phrases when used in this chapter
23shall have the meanings given to them in this section unless the
24context clearly indicates otherwise:

25"Account." The Disaster Emergency Assistance Account
26established under this chapter.

27"Adjusted loss." The difference between:

28(1) eligible loss; and

29(2) covered loss.

30"Agency." The Pennsylvania Emergency Management Agency.

1"Covered loss." An amount received by or due the recipient
2from private insurance and Federal grants and loans, including
3applicable State matching funds, related to an eligible loss.
4The term does not include an insurance deductible paid by the
5recipient.

6"Disaster emergency area." An area included under a
7declaration of disaster emergency issued by the Governor under
8section 7301 (relating to general authority of Governor).

9"Eligible loss." Damage to real property utilized as a
10primary residence of the owner, personal property or a public
11facility caused by a natural or man-made disaster in a disaster
12emergency area.

13"Household." A social unit of individuals living together
14and comprised of any of the following:

15(1) Couples or legally married individuals and their
16dependents.

17(2) An individual and his dependents.

18(3) Individuals who jointly own a residence and their
19dependents.

20(4) Two or more individuals living at the same address,
21whether related or not.

22"Liquor tax." The tax imposed under the act of June 9, 1936
23(1st Sp.Sess., P.L.13, No.4), entitled as "An act imposing an
24emergency State tax on liquor, as herein defined, sold by the
25Pennsylvania Liquor Control Board; providing for the collection
26and payment of such tax; and imposing duties upon the Department
27of Revenue and the Pennsylvania Liquor Control Board."

28"Man-made disaster." Any industrial, nuclear or
29transportation accident, explosion, conflagration, power
30failure, natural resource shortage or other condition, except

1enemy action, resulting from man-made causes, including oil
2spills and other environmental contamination, which threatens or
3causes substantial damage to property, individuals, loss of life
4or other hardships.

5"Natural disaster." Any hurricane, tornado, storm, flood,
6high water, wind-driven water, tidal wave, earthquake,
7landslide, mudslide, snowstorm, drought, fire, explosion or
8other catastrophe not resulting from a man-made cause which
9threatens or causes substantial damage to property or
10individuals, possible loss of life or other hardships.

11"Personal property." Clothing, furniture, necessary
12household items and appliances and essential tools for
13employment or education.

14"Public facility." Any facility which is owned, operated or
15maintained by a political subdivision or municipal authority of
16this Commonwealth. The term shall include:

17(1) buildings and equipment;

18(2) bridges, roads, highways and public ways;

19(3) parks and recreational facilities;

20(4) power generation and distribution facilities,
21including natural gas systems, wind turbines, generators,
22substations and power lines;

23(5) sanitary sewer systems and wastewater treatment
24facilities;

25(6) drainage and flood control facilities;

26(7) water treatment, water storage and water
27distribution facilities; and

28(8) any other improvement or infrastructure.

29§ 7904. Construction.

30Grants shall be made to individuals, political subdivisions

1or municipal authorities in a disaster emergency area for which
2no Presidential disaster declaration has been issued.

3SUBCHAPTER B

4INDIVIDUAL DISASTER ASSISTANCE GRANT PROGRAM

5Sec.

67911. Establishment.

77912. Eligibility.

87913. Application for and issuance of grant.

97914. Use of grant funds.

10§ 7911. Establishment.

11The Individual Disaster Assistance Grant Program is
12established within the agency to provide grants to individuals
13for assistance with repair of disaster-related damage.

14§ 7912. Eligibility.

15To be eligible for a grant under this subchapter, an
16individual must meet all of the following:

17(1) Suffer eligible loss which is not covered by
18insurance.

19(2) Not be entitled to compensation for the eligible
20loss under eminent domain proceedings.

21(3) Have a household income which does not exceed 200%
22of the Federal poverty income guidelines.

23§ 7913. Application for and issuance of grant.

24(a) Application.--The procedure for applying for a grant
25under this subchapter shall be as follows:

26(1) An individual must apply for a grant on a form
27furnished by the agency, setting forth the facts establishing
28eligibility and certifying that if approved all funds
29received will be used for purposes approved by the agency. An
30application under this paragraph is subject to 18 Pa.C.S. §

14904 (relating to unsworn falsification to authorities). The
2application must be submitted within 60 days following the
3declaration of a disaster emergency. Only one individual may
4apply per household.

5(2) The agency shall investigate the application to
6determine eligibility.

7(3) Within 30 days of receipt of the application, the
8agency shall make an eligibility determination. An
9eligibility determination under this paragraph is a final
10order of the agency subject to review under 2 Pa.C.S. Ch. 7
11Subch. A (relating to judicial review of Commonwealth agency
12action).

13(b) Issuance.--For each individual determined to be eligible
14under subsection (a)(3), the agency shall verify the adjusted
15loss. The maximum grant allowed under the Individual Disaster
16Assistance Grant Program is $10,000 or the adjusted loss,
17whichever is less.

18§ 7914. Use of grant funds.

19Grant funds issued under the Individual Disaster Assistance
20Grant Program may be used for the following disaster-related
21expenses:

22(1) Assisting in repair or replacement of the owner-
23occupied primary residence, including mobile homes. Funds may
24be used for removal of disaster-generated debris but may not
25be used for landscaping.

26(2) Repair, replacement or cleaning of personal
27property.

28(3) Repair or replacement of a motor vehicle which is
29registered to the applicant and essential for transportation.

30(4) Temporary housing.

1(5) Funeral expenses.

2(6) Medical or dental expenses.

3SUBCHAPTER C

4PUBLIC DISASTER ASSISTANCE GRANT PROGRAM

5Sec.

67921. Establishment.

77922. Eligibility.

87923. Application for and issuance of grant.

97924. Use of grant funds.

10§ 7921. Establishment.

11The Public Disaster Assistance Grant Program is established
12within the agency to provide grants to political subdivisions
13and municipal authorities for assistance with repair of
14disaster-related damage in a disaster emergency area when the
15damages to public facilities are beyond the financial
16capabilities of the political subdivision or authority.

17§ 7922. Eligibility.

18To be eligible for a grant under this subchapter, a political
19subdivision or municipal authority must suffer eligible loss
20which is not covered by insurance.

21§ 7923. Application for and issuance of grant.

22(a) Application.--The procedure for applying for a grant
23under this subchapter shall be as follows:

24(1) A political subdivision or municipal authority must
25apply for a grant on a form furnished by the agency, setting
26forth the facts establishing eligibility and certifying that
27if approved all funds received will be used for purposes
28approved by the agency. An application under this paragraph
29is subject to 18 Pa.C.S. § 4904 (relating to unsworn
30falsification to authorities). The application must be

1submitted within 60 days following the declaration of a
2disaster emergency.

3(2) The agency shall investigate the application to
4determine eligibility.

5(3) Within 30 days of receipt of the application, the
6agency shall make an eligibility determination. An
7eligibility determination under this paragraph is a final
8order of the agency subject to review under 2 Pa.C.S. Ch. 7
9Subch. A (relating to judicial review of Commonwealth agency
10action).

11(b) Issuance.--For each political subdivision or municipal
12authority determined to be eligible under subsection (a)(3), the
13agency shall verify the adjusted loss. The maximum grant allowed
14under the Public Disaster Assistance Grant Program is 50% of the
15eligible loss.

16§ 7924. Use of grant funds.

17Grant funds issued under the Public Disaster Assistance Grant
18Program may be used to assist in the repair or replacement of
19public facilities due to disaster-related damages. Funds may
20also be used for disaster-related debris removal or to demolish
21a public facility if the facility was made unsafe by the
22disaster.

23SUBCHAPTER D

24MISCELLANEOUS PROVISIONS

25Sec.

267931. Disaster Emergency Assistance Account.

277932. Powers and duties of agency.

28§ 7931. Disaster Emergency Assistance Account.

29(a) Establishment.--A restricted account is hereby
30established in the State Treasury to be known as the Disaster

1Emergency Assistance Account. The account shall be for the
2purpose of making grants for assistance under the Individual
3Disaster Assistance Grant Program and the Public Disaster
4Assistance Grant Program.

5(b) Transfer.--The Department of Revenue shall annually
6transfer $16,000,000 of the revenue received by the Commonwealth
7pursuant to the imposition of the liquor tax from the General
8Fund to the account for the fiscal year July 1, 2012, through
9June 30, 2013, and each fiscal year thereafter.

10(c) Appropriation.--Moneys transferred to the account are
11hereby appropriated from the account for the payment of grants
12authorized under Subchapters B (relating to Individual Disaster
13Assistance Grant Program) and C (relating to Public Disaster
14Assistance Grant Program).

15(d) Lapse.--At the end of each fiscal year, designated funds
16which are not expended shall lapse to the General Fund.

17§ 7932. Powers and duties of agency.

18The agency shall have the following duties and
19responsibilities:

20(1) Administer this chapter.

21(2) Promulgate any regulations necessary to implement
22and administer this chapter which include:

23(i) Development of additional procedures or
24requirements for the submission of grant applications.

25(ii) Development of procedures to verify adjusted
26loss.

27(iii) Development of criteria for the determination
28of the amount of assistance to be given to an individual
29or political subdivision.

30Section 2. This act shall take effect immediately.