PRINTER'S NO. 2375
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1887
Session of
2023
INTRODUCED BY ROZZI, HILL-EVANS, MADDEN, SANCHEZ, SAPPEY,
DONAHUE, HADDOCK, CIRESI AND CEPEDA-FREYTIZ, DECEMBER 8, 2023
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, DECEMBER 8, 2023
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in disaster emergency assistance,
further providing for legislative purpose, for definitions
and for construction, establishing the Individual Property
Disaster Assistance Fund, renaming the Public Disaster
Assistance Grant Program and providing for definitions
relating to Public Facilities Disaster Assistance Grant
Program; imposing duties on the Pennsylvania Emergency
Management Agency; making interfund transfers; and making
editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7902 of Title 35 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 7902. Legislative purpose.
It is the purpose of this chapter to [create a program to]
provide assistance to persons, political subdivisions and
municipal authorities directly affected by natural disasters and
man-made disasters. Assistance will be limited to grants for
projects that do not qualify for Federal assistance to help
repair damages to public facilities[. Grants will be made
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available by the agency in a disaster emergency area only when a
Presidential disaster declaration is not covering the area.] and
individual properties.
Section 2. The definitions of "eligible loss" and "program"
in section 7903 of Title 35 are amended to read:
§ 7903. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Eligible loss." Damage to a public facility caused by a
natural disaster or man-made disaster in a disaster emergency
area.
* * *
["Program." The Public Disaster Assistance Grant Program
established under Subchapter B (relating to Public Disaster
Assistance Grant Program).]
* * *
Section 3. Section 7904 of Title 35 is amended to read:
§ 7904. Construction.
Grants and other payments shall be made to persons, political
subdivisions or municipal authorities in a disaster emergency
area for which no Presidential disaster declaration has been
issued.
Section 4. Chapter 79 of Title 35 is amended by adding a
subchapter to read:
SUBCHAPTER A.1
INDIVIDUAL PROPERTY DISASTER ASSISTANCE
Sec.
7911. Definitions.
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7912. Establishment of fund.
7913. General purpose of fund.
7914. Specific uses of fund money.
7915. Application process.
7916. Limitations.
7917. Administration.
7918. Fund sources.
7919. Operation of fund.
§ 7911. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Flood." As defined in section 104 of the act of October 4,
1978 (P.L.851, No.166), known as the Flood Plain Management Act.
"Flood plain." As defined in section 104 of the Flood Plain
Management Act.
"Fund." The Individual Property Disaster Assistance Fund
established under section 7912 (relating to establishment of
fund).
"Municipality." A county, city, borough, incorporated town,
township, home rule municipality, optional plan municipality,
optional charter municipality or similar general purpose unit of
government of this Commonwealth that may be created or
authorized by statute.
§ 7912. Establishment of fund.
The Individual Property Disaster Assistance Fund is
established within the State Treasury as a restricted revenue
account for use by the agency in accordance with this
subchapter.
§ 7913. General purpose of fund.
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Subject to section 7914 (relating to specific uses of fund
money), the agency shall use money in the fund to assist with
the following:
(1) A disaster emergency declared by executive order or
proclamation of the Governor in accordance with section
7301(c) (relating to general authority of Governor).
(2) A local disaster emergency declared by the governing
body of a political subdivision in accordance with section
7501(b) (relating to general authority of political
subdivisions).
§ 7914. Specific uses of fund money.
(a) Persons.--
(1) Subject to paragraph (2), money in the fund shall be
made available to any person affected by a disaster emergency
or local disaster emergency described in section 7913
(relating to general purpose of fund).
(2) In the case of a disaster emergency or local
disaster emergency described in section 7913 involving damage
to real property in this Commonwealth that is caused by a
flood:
(i) Money in the fund shall be made available to the
person owning the real property if:
(A) the real property is not located in a flood
plain; and
(B) the person is not required to purchase flood
insurance for the real property.
(ii) Money in the fund shall not be made available
to the person owning the real property if:
(A) the real property is located in a flood
plain; and
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(B) the person did not purchase required flood
insurance for the real property.
(b) Municipalities.--Money in the fund shall be made
available to any municipality affected by a disaster emergency
or local disaster emergency described in section 7913 that
occurred within one year prior to the effective date of this
subsection.
§ 7915. Application process.
(a) Form.--
(1) T he agency shall develop an application form for
persons and municipalities to use to request money from the
fund.
(2) The application form shall be posted on the publicly
accessible Internet website of the agency.
(b) Information.--A completed application form under this
section must include the following information:
(1) In the case of a person requesting money from the
fund:
(i) The name, location and contact information of
the person.
(ii) T he location of the real property.
(iii) The date of the damage caused by the flood.
(iv) The amount of money requested.
(v) The specific purposes to be achieved as a result
of receiving the money requested.
(vi) Verification of eligibility to receive the
money requested.
(vii) Any other information or documentation
required by the agency.
(2) In the case of a municipality requesting money from
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the fund:
(i) The name, location and contact information of
the municipality.
(ii) The areas of the municipality affected by the
disaster or emergency.
(iii) The specific circumstances that prompted the
request for money from the fund.
(iv) The date of the disaster or emergency.
(v) The amount of money requested.
(vi) The specific purposes to be achieved as a
result of receiving the money requested.
(vii) Verification of eligibility to receive the
money requested.
(viii) Any other information or documentation
required by the agency.
(c) Review and determination.--After receipt of a completed
application under subsection (b), the agency shall review the
submitted application and shall determine whether to award money
from the fund and, if so, the amount to be awarded.
(d) Notice of determination.-- The following apply to notice
of the determination under subsection (c):
(1) The agency shall provide written notice to an
applicant of the award or denial, in whole or in part, of the
money requested.
(2) Notice of the award of money shall include the
amount of the money awarded and any conditions or
restrictions on the use of the money.
(3) Notice of the denial of money requested, in whole or
in part, shall include the reasons for the denial.
§ 7916. Limitations.
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(a) Disbursements.-- Money from the fund shall be disbursed
on a first-come, first-served basis determined by the agency and
until all money in the fund is exhausted.
(b) Cap.--The agency may set a cap on the amount of money
awarded from the fund.
(c) Conditions or restrictions.--The agency may set
conditions or restrictions on the use of the money awarded from
the fund.
§ 7917. Administration.
The agency shall implement any necessary policy or procedure
to administer this subchapter.
§ 7918. Fund sources.
(a) Transfers.-- Upon the effective date of this subsection
and each fiscal year thereafter, the sum of $5,000,000 shall be
transferred from the General Fund to the fund.
(b) Other sources.--
(1) The agency may solicit and accept money from other
sources, including State appropriations, Federal money,
grants, donations, gifts and other payments from any source.
(2) Money from the other sources shall be deposited into
the fund.
§ 7919. Operation of fund.
(a) Continuing basis.-- All money transferred or otherwise
deposited into the fund, including any interest and other
earnings on the money in the fund, shall be appropriated to the
agency on a continuing basis to provide assistance in accordance
with this section.
(b) No lapse.--Any money remaining in the fund at the end of
each fiscal year, including any interest and other earnings on
the money in the fund, shall not lapse or otherwise revert to
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the General Fund but shall remain in the fund.
Section 5. Subchapter B heading of Chapter 79 of Title 35 is
amended to read:
SUBCHAPTER B
PUBLIC FACILITIES DISASTER ASSISTANCE GRANT PROGRAM
Section 6. Subchapter B of Chapter 79 of Title 35 is amended
by adding a section to read:
§ 7920. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Program." The Public Facilities Disaster Assistance Grant
Program established under section 7921 (relating to
establishment).
Section 7. Section 7921 of Title 35 is amended to read:
§ 7921. Establishment.
The Public Facilities Disaster Assistance Grant Program is
established within the agency to provide grants to political
subdivisions and municipal authorities for assistance with
repair of disaster-related damage in a disaster emergency area
when the damages to public facilities are beyond the financial
capabilities of the political subdivision or authority.
Section 8. The following apply to the renaming of the grant
program under 35 Pa.C.S. Ch. 79 Subch. B:
(1) On or after the effective date of this paragraph, a
reference to the Public Disaster Assistance Grant Program in
a statute or regulation, or otherwise, shall be deemed a
reference to the Public Facilities Disaster Assistance Grant
Program.
(2) On or after the effective date of this paragraph,
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the Pennsylvania Emergency Management Agency shall recycle or
continue to use any forms, stationery, business cards or
other office supplies or materials which contain references
to the Public Disaster Assistance Grant Program until the
time these existing supplies and materials are depleted.
Section 9. This act shall take effect in 60 days.
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