| |
| PRIOR PRINTER'S NO. 575 | PRINTER'S NO. 2768 |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY DeLUCA, BOBACK, GEIST, GEORGE, KORTZ, KOTIK, LEVDANSKY, MUSTIO, READSHAW, SIPTROTH, SOLOBAY, THOMAS, VULAKOVICH, WALKO, YOUNGBLOOD, MATZIE AND MURT, FEBRUARY 19, 2009 |
| |
| |
| AS REPORTED FROM COMMITTEE ON INSURANCE, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 7, 2009 |
| |
| |
| |
| AN ACT |
| |
1 | Establishing the Landslide Insurance and Assistance Program |
2 | within the Pennsylvania Emergency Management Agency | <-- |
3 | Department of Environmental Protection; providing for related | <-- |
4 | powers and duties of the Pennsylvania Emergency Management |
5 | Agency; establishing and providing for the powers and duties |
6 | of the Landslide Insurance and Assistance Board; establishing |
7 | the Landslide Insurance Fund and the Landslide Assistance |
8 | Fund; and making appropriations providing for loans from the | <-- |
9 | Coal and Clay Mine Subsidence Insurance Fund. |
10 | TABLE OF CONTENTS |
11 | Chapter 1. Preliminary Provisions |
12 | Section 101. Short title. |
13 | Section 102. Declaration of policy. |
14 | Section 103. Definitions. |
15 | Chapter 3. Program Generally |
16 | Section 301. Program goals. |
17 | Section 302. Board. |
18 | Section 303. Appeals. |
19 | Section 304. Program generally. |
20 | Section 305. Program authority. |
|
1 | Section 306. Land use controls and rate structure. |
2 | Chapter 5. Landslide Insurance Fund |
3 | Section 501. Landslide Insurance Fund. |
4 | Section 502. Schedule of premiums. |
5 | Section 503. Surplus. |
6 | Section 504. Insurance program. |
7 | Section 505. Application for increase in insurance. |
8 | Section 506. Automatic inflation protection increase. |
9 | Section 507. Audit by Auditor General. |
10 | Section 508. Claims against insurance fund. |
11 | Section 509. Defenses against claims and procedure. |
12 | Section 510. Subrogation to rights of claimants. |
13 | section 511. Insurance companies may cover risk. |
14 | Section 512. Escrow of premium payments. |
15 | Section 513. Properties in violation of State or local law. |
16 | Chapter 7. Mitigation Assistance |
17 | Section 701. Mitigation assistance. |
18 | Section 702. Landslide Assistance Fund. |
19 | Section 703. Construction permits. |
20 | Chapter 9. Program Administration and Funding |
21 | Section 901. Regulations. |
22 | Section 902. Agency Department report. | <-- |
23 | Section 903. Program funding. |
24 | Section 904. Reimbursement. |
25 | Section 905. Appropriations Loans. | <-- |
26 | Section 906. Cost of administration. |
27 | Section 907. Commissions. |
28 | Chapter 21. Miscellaneous Provisions |
29 | Section 2101. Effective date. |
30 | The General Assembly of the Commonwealth of Pennsylvania |
|
1 | hereby enacts as follows: |
2 | CHAPTER 1 |
3 | PRELIMINARY PROVISIONS |
4 | Section 101. Short title. |
5 | This act shall be known and may be cited as the Landslide |
6 | Insurance and Assistance Program Act. |
7 | Section 102. Declaration of policy. |
8 | The General Assembly finds and declares as follows: |
9 | (1) Geologists have studied with increasing concern the |
10 | underground movement of the geological formations in this |
11 | Commonwealth and its impeding effects on the vertical and |
12 | horizontal natural and manmade surfaces. |
13 | (2) Landslides and slope movement have historically been |
14 | the norm throughout most parts of this Commonwealth. |
15 | (3) Landslides and slope movements occur without regard |
16 | for municipal boundaries, ordinances, planning codes, |
17 | politics and economies, making it difficult for local |
18 | officials to deal effectively with the development and |
19 | implementation of methods and standards to control the |
20 | devastation these natural forces can cause. |
21 | (4) Landslides and slope movement have caused an |
22 | enormous amount of damage to homes and roadways in this |
23 | Commonwealth, particularly the southwestern region of the |
24 | State. |
25 | (5) Landslides and slope movement will continue to |
26 | plague southwestern Pennsylvania. |
27 | (6) Landslides affect every state in the nation causing |
28 | an estimated $1,000,000,000 to $3,000,000,000 in damages a |
29 | year. |
30 | (7) Landslide damage caused by flooding is not covered |
|
1 | by the National Flood Insurance Program. |
2 | (8) While landslide damage caused by mining practices is |
3 | covered by the Coal and Clay Mine Subsidence Insurance Fund |
4 | and mudslide damage is covered by the National Flood |
5 | Insurance Program, other types of landslide damage are |
6 | usually not covered by insurance. |
7 | (9) Problems associated with landslide damage are |
8 | becoming more widespread. |
9 | (10) It would be to the advantage of residents of the |
10 | landslide-prone areas of this Commonwealth to form a common |
11 | bond to combat distress resulting from landslides. |
12 | Section 103. Definitions. |
13 | The following words and phrases when used in this act shall |
14 | have the meanings given to them in this section unless the |
15 | context clearly indicates otherwise: |
16 | "Agency." The Pennsylvania Emergency Management Agency. | <-- |
17 | "Assistance fund." The Landslide Assistance Fund established |
18 | in section 702. |
19 | "Board." The Landslide Insurance and Assistance Board |
20 | established in section 302. |
21 | "Community." Either of the following: |
22 | (1) A political subdivision that has zoning and building |
23 | code jurisdiction over an area having landslide hazards. |
24 | (2) A political subdivision that is designated to |
25 | develop and administer a mitigation plan. |
26 | "Department." The Department of Environmental Protection of | <-- |
27 | the Commonwealth. |
28 | "Extremely hazardous area." An area where all of the |
29 | following factors that contribute to landslides occur in the |
30 | same location: |
|
1 | (1) Steep slopes. |
2 | (2) Soils prone to landslides. |
3 | (3) Landslide features. |
4 | "Further review area." An area for which additional site- |
5 | specific review is needed based on a geological map or model |
6 | identifying the area as including a site prone to experience a |
7 | landslide. |
8 | "GIS." Geographic Information Systems. |
9 | "Hazardous area." An area where one of the following factors |
10 | that contribute to landslides occurs: |
11 | (1) Steep slopes. |
12 | (2) Soils prone to landslides. |
13 | (3) Landslide features. |
14 | "Insurance fund." The Landslide Insurance Fund established |
15 | in section 501. |
16 | "Landslide." Any detached mass of soil, rock, earth or |
17 | debris that moves down a slope and is of sufficient size to |
18 | cause damage. The term includes sinkholes. |
19 | "Landslide features." Includes, but is not limited to, |
20 | rockfall areas, creep, red beds and historic landslides. |
21 | "Mitigation." An activity relative to landslides that |
22 | prevents an emergency from occurring, reduces the likelihood of |
23 | an emergency occurring or lessens the damaging effects of |
24 | unavoidable emergencies. |
25 | "Mitigation plan." A plan designed by a community that when |
26 | implemented provides mitigation. |
27 | "Program." The Landslide Insurance and Assistance Program |
28 | established in section 304. |
29 | CHAPTER 3 |
30 | PROGRAM GENERALLY |
|
1 | Section 301. Program goals. |
2 | The goals of the program are as follows: |
3 | (1) To provide actuarially sound insurance coverage. |
4 | (2) To make program policies universally available and |
5 | competitively priced. |
6 | (3) To make use of the most effective scientific and |
7 | technological advances available, including technology such |
8 | as GIS. |
9 | (4) To process claims promptly, fairly and consistently. |
10 | (5) To provide tools and incentives for landslide loss |
11 | reduction, including the assistance fund. |
12 | (6) To collaborate with other organizations that operate |
13 | in the public interest to assist in achieving program goals. |
14 | Section 302. Board. |
15 | (a) Board established.--The Landslide Insurance and |
16 | Assistance Board is hereby established within the Pennsylvania | <-- |
17 | Emergency Management Agency department. | <-- |
18 | (b) Members.--The board shall consist of the following |
19 | members: |
20 | (1) The Secretary of Banking or a designee. |
21 | (2) The Secretary of Community and Economic Development |
22 | or a designee. |
23 | (3) The Secretary of Conservation and Natural Resources |
24 | or a designee. |
25 | (4) The Secretary of Environmental Protection or a |
26 | designee. |
27 | (5) The Insurance Commissioner or a designee. |
28 | (6) The Secretary of Public Welfare or a designee. |
29 | (7) The Secretary of the Commonwealth or a designee. |
30 | (8) The Secretary of Transportation or a designee. |
|
1 | (9) The State Treasurer or a designee. |
2 | (10) The Director Secretary of the Pennsylvania | <-- |
3 | Emergency Management Agency Department of Environmental | <-- |
4 | Protection or a designee. |
5 | (11) The Executive Director of the Pennsylvania Housing |
6 | Finance Agency or a designee. |
7 | (c) Chairperson.--The Director secretary of the Pennsylvania | <-- |
8 | Emergency Management Agency department or the a designee shall | <-- |
9 | serve as the chairperson of the board. |
10 | (d) General counsel.--The Attorney General Office of General | <-- |
11 | Counsel shall, ex officio, be the general counsel of the board |
12 | and shall appoint an attorney or attorneys as may be deemed |
13 | necessary to aid the board in its functioning. |
14 | (e) Employees.--All employees of the board shall be employed |
15 | by and located in the agency department and shall be subject to | <-- |
16 | the administrative jurisdiction and authority of the agency | <-- |
17 | department. | <-- |
18 | Section 303. Appeals. |
19 | Any party aggrieved by an action of the board shall have the |
20 | right to appeal in accordance with 2 Pa.C.S. (relating to |
21 | administrative law and procedure). |
22 | Section 304. Program generally. |
23 | (a) Establishment.--The Landslide Insurance and Assistance |
24 | Program is hereby established within the agency department. | <-- |
25 | (b) Program components.--The program shall consist of the |
26 | following components: |
27 | (1) A grant program. |
28 | (2) A revolving loan program. |
29 | (3) An insurance program. |
30 | (c) Purposes.--The grant program and the revolving loan |
|
1 | program are established for the primary purposes of mitigation |
2 | and repairing minor structural damage. The board shall employ |
3 | the grant program and the revolving loan program as tools to aid |
4 | in the success of the insurance fund. |
5 | Section 305. Program authority. |
6 | (a) Intergovernmental cooperation.--The program shall: |
7 | (1) Work closely with Federal, State and local agencies |
8 | and any other government agencies, including those of other |
9 | states, to accomplish program goals. |
10 | (2) Create and implement a Statewide landslide |
11 | mitigation plan that would encourage and support local |
12 | mitigation efforts. |
13 | (3) Investigate sites to define hazards. |
14 | (4) Recommend legislation, regulations, ordinances and |
15 | zoning to mitigate slope instability contributed by |
16 | excavation and drainage. |
17 | (5) Work with local governments to evaluate risk |
18 | associated with certain homesite development. |
19 | (6) Share the most up-to-date geological surveys, in the |
20 | form of maps, GIS data or other useful form, and related |
21 | information, free of charge to government agencies and |
22 | appropriate representatives of communities, and at a |
23 | reasonable cost to all other persons. Receipts under this |
24 | paragraph shall be deposited in the assistance fund. |
25 | (7) Inform the Department of Transportation which |
26 | highways are at greatest risk from landslides. |
27 | (8) Notify local governments in areas with the greatest |
28 | risk from landslides. |
29 | (9) Have the authority to consult, receive information |
30 | and enter into any agreements or other arrangements in order |
|
1 | to identify and publish information with respect to all |
2 | landslide-prone areas, establish or update landslide-risk |
3 | zone data and make estimates with respect to the rates of |
4 | probable landslide-caused loss for the various landslide risk |
5 | zones for each of these areas. |
6 | (10) Publish any change to landslide insurance map |
7 | panels. |
8 | (11) Ensure that it is consistent in landslide control, |
9 | landslide forecasting and landslide damage prevention. |
10 | (b) Studies and investigations.-- |
11 | (1) The program is authorized to carry out necessary |
12 | studies and investigations, utilizing to the maximum extent |
13 | practicable the existing facilities and services of other |
14 | Federal and Commonwealth departments or agencies, local |
15 | governmental agencies and any other organizations, with |
16 | respect to the adequacy of State and local measures in |
17 | landslide-prone areas as to: |
18 | (i) Land management and use. |
19 | (ii) Landslide control. |
20 | (iii) Zoning. |
21 | (iv) Landslide damage prevention. |
22 | (2) The program may enter into any contracts, agreements |
23 | or other appropriate arrangements to carry out its authority |
24 | under this section. The studies and investigations shall |
25 | include, but not be limited to, the following: |
26 | (i) Laws. |
27 | (ii) Regulations. |
28 | (iii) Ordinances. |
29 | (iv) Zoning. |
30 | (v) Building codes. |
|
1 | (vi) Building permits. |
2 | (vii) Subdivision or other building restrictions. |
3 | (c) State and local measures.--On the basis of studies and |
4 | investigations under subsection (b) and other information as the |
5 | agency department deems necessary, the program shall develop | <-- |
6 | comprehensive criteria designed to encourage, where necessary, |
7 | the adoption of adequate State and local measures which, to the |
8 | maximum extent feasible, will: |
9 | (1) Constrict the development of land which is exposed |
10 | to landslide damage where appropriate. |
11 | (2) Guide the development of proposed construction away |
12 | from locations which are threatened by landslide hazards. |
13 | (3) Assist in reducing damage caused by landslides. |
14 | (4) Otherwise improve the long-range land management and |
15 | use of landslide-prone areas. |
16 | (d) Technical assistance.--The program shall work closely |
17 | with and provide any necessary technical assistance to State and |
18 | local governmental agencies to encourage the application of the |
19 | criteria and the adoption and enforcement of the measures under |
20 | this section. |
21 | Section 306. Land-use controls and rate structure. |
22 | Local governments may initiate land-use controls for the |
23 | benefit of their residents. The following shall apply: |
24 | (1) No new landslide insurance coverage shall be |
25 | provided to new construction without preapproval by an |
26 | appropriate local public body, which shall have the option of |
27 | adopting adequate land use and control measures with |
28 | effective enforcement provisions. |
29 | (2) A community rating system shall be employed by the |
30 | board as an incentive for community landslide management. |
|
1 | (3) Rate structures shall provide incentives for |
2 | measures that reduce the risk of landslide damage and |
3 | evaluate the measures. The program shall provide incentives |
4 | in the form of credits on premium rates for landslide |
5 | insurance coverage in communities that the agency department | <-- |
6 | determines have adopted and enforced measures that reduce the |
7 | risk of landslide damage. |
8 | (4) The credits on premium rates for flood insurance |
9 | coverage shall be based on the estimated reduction in flood |
10 | and erosion damage risks resulting from the measures adopted |
11 | by the community under the program. If a community has |
12 | received mitigation or other assistance under the program, |
13 | the credits may be used in a manner determined by the agency | <-- |
14 | department to recover the amount of assistance provided for | <-- |
15 | the community. |
16 | CHAPTER 5 |
17 | LANDSLIDE INSURANCE FUND |
18 | Section 501. Landslide Insurance Fund. |
19 | (a) Establishment.--The Landslide Insurance Fund is |
20 | established as a separate fund in the Treasury Department. The |
21 | insurance fund shall be administered by the board for the |
22 | purpose of insuring subscribers against the damages to their |
23 | structures resulting from landslides if the damage is not |
24 | covered by other insurance programs or coverage. |
25 | (b) Administration.--The insurance fund shall be |
26 | administered by the board without liability on the part of the |
27 | Commonwealth beyond the amount of the fund except as provided |
28 | under this act and shall be applied to the payment of damage as |
29 | described under subsection (a). |
30 | (c) State Treasurer as custodian of insurance fund.--The |
|
1 | State Treasurer shall be the custodian of the insurance fund, |
2 | and all disbursements from the insurance fund shall be paid at |
3 | the request of the board. For making payments without audit, the |
4 | State Treasurer shall not be under any liability whatsoever. The |
5 | State Treasurer may deposit any portion of the insurance fund |
6 | not needed for immediate use as other State funds are lawfully |
7 | deposited. The interest shall be placed to the credit of the |
8 | insurance fund. |
9 | Section 502. Schedule of premiums. |
10 | At any time during each year the board shall prepare and |
11 | publish a schedule of premiums or rates of insurance for |
12 | subscribers. This schedule shall be printed and distributed free |
13 | of charge to any person upon application. Any subscriber may at |
14 | the subscriber's option pay to the insurance fund the amount of |
15 | premium appropriate, and upon payment of the premium shall be |
16 | insured for the year for which the premium is paid. The |
17 | insurance shall cover all payments becoming due for which the |
18 | premium is paid. The premium shall be adequate to enable payment |
19 | of all sums which may become due and payable under this act, and |
20 | adequate reserve sufficient to carry all policies and claims to |
21 | maturity. In establishing the premiums payable by any |
22 | subscriber, the board may take into account the condition of the |
23 | premises of the subscriber in respect to the possibility of |
24 | landslide damage as shown by the report of any inspector |
25 | appointed by the board or by the agency department. The board | <-- |
26 | may change the amount of premiums payable by any of the |
27 | subscribers as circumstances may require and the condition of |
28 | the premises of the subscribers in respect to the possibility of |
29 | a landslide may justify. The board may increase the premiums of |
30 | any subscriber whose loss experience warrants a change. The |
|
1 | insurance of any subscriber shall not be effective until the |
2 | premium so fixed and determined has been paid in full. |
3 | Section 503. Surplus. |
4 | The board shall set aside 5% of all premiums collected for |
5 | the creation of a surplus until the surplus is sufficiently |
6 | large to cover catastrophic hazard of all the subscribers to the |
7 | insurance fund and to guarantee the solvency of the fund. At |
8 | such point, the board shall reevaluate the set-aside and |
9 | investment of the surplus and make a recommendation to the |
10 | General Assembly. |
11 | Section 504. Insurance program. |
12 | (a) General rule.--Any owner of a structure located within a |
13 | landslide-prone region who desires to become a subscriber to the |
14 | insurance fund for the purpose of insuring a structure in the |
15 | region against damage from landslides shall make a complete |
16 | application as prescribed by the board to the board, its agents |
17 | or insurance producers. Upon receipt of an application, the |
18 | board shall make an investigation as may be necessary if the |
19 | application complies with the rules and regulations of the |
20 | board. Within 60 days after the request for an application is |
21 | received the board shall issue a certificate showing the |
22 | acceptance of the application and the amount of premium payable |
23 | by the applicant for one, two or three years as the board may |
24 | establish. No insurance shall become effective until the premium |
25 | has been paid. All premiums shall be made payable to the State |
26 | Treasurer whereupon a receipt shall be issued therefor. The |
27 | receipt for premium together with a certificate of the board |
28 | shall be evidence that the applicant has become a subscriber to |
29 | the insurance fund and is insured from the date of application. |
30 | The following apply: |
|
1 | (1) The insurance may be subject to later reductions, |
2 | and premiums adjusted accordingly, if the board determines |
3 | that the amount of insurance coverage requested is in excess |
4 | of the current replacement cost of the structure or the |
5 | maximum amount of coverage established by the fund, whichever |
6 | is less. |
7 | (2) The insurance shall be void if, upon investigation |
8 | of the structure, the board determines that either landslide |
9 | damage occurred before the application was submitted or the |
10 | applicant is responsible for not allowing the board to |
11 | inspect the structure within 60 days of receipt of the |
12 | application. |
13 | (3) The use of the most current science available to |
14 | identify landslide-prone areas shall be employed. If the |
15 | property is located in a further review area within a |
16 | hazardous area, the property owner may be required to |
17 | complete a site assessment with a licensed professional, |
18 | which may include an onsite evaluation. The property owner |
19 | shall fund this assessment. This assessment may also be |
20 | required before a local government accepts an application for |
21 | a development permit. |
22 | (4) Notwithstanding any other provision of law, any |
23 | structure repaired or restored to its original condition with |
24 | moneys from the insurance fund shall not be eligible for |
25 | duplicative disaster relief assistance from programs |
26 | administered by the agency Pennsylvania Emergency Management | <-- |
27 | Agency. |
28 | (5) In order to assist insurance producers and potential |
29 | policyholders in identifying structures that could be at risk |
30 | from landslides, the board shall publish and update in the |
|
1 | Pennsylvania Bulletin a list of areas in this Commonwealth |
2 | that are believed to be at risk for landslide damage. |
3 | (b) Penalty.--A person who knowingly furnishes or makes any |
4 | false certificate, application or statement required under this |
5 | section commits a misdemeanor and shall, upon conviction, be |
6 | sentenced to pay a fine of not more than $1,500 or to |
7 | imprisonment for not more than one year, or both. |
8 | Section 505. Application for increase in insurance. |
9 | Additions in the amount of insurance are subject to the same |
10 | standards as initial applications. |
11 | Section 506. Automatic inflation protection increase. |
12 | The board shall make available to all subscribers an annual |
13 | inflation protection option on the anniversary date of each |
14 | policy issued only if the total insurance remains at or under |
15 | the value of the structure itself. An inflation protection |
16 | increase shall not be subject to a reinspection of the |
17 | structure. |
18 | Section 507. Audit by Auditor General. |
19 | The Auditor General shall at least once each year make a |
20 | complete examination and audit of the insurance fund, including |
21 | all receipts and expenditures, cash on hand, investments and |
22 | property held representing cash or cash disbursements. For these |
23 | purposes the Auditor General is hereby authorized to employ |
24 | agents and staff as the Auditor General may deem necessary. The |
25 | expense incurred in making the examination and audit shall be |
26 | certified to the insurance fund by the Auditor General and shall |
27 | be paid from the program. |
28 | Section 508. Claims against insurance fund. |
29 | Any subscriber to the insurance fund must file with the board |
30 | a true statement of the subscriber's claim for any landslide |
|
1 | damage and shall give to the board an opportunity to investigate |
2 | and to determine whether the board will pay the claim. |
3 | Section 509. Defenses against claims and procedure. |
4 | In every case where a claim is made against the insurance |
5 | fund, the fund shall be entitled to every defense against the |
6 | claim under the policy and shall be subrogated to every right of |
7 | the subscriber arising out of such accidents against any third |
8 | persons. The insurance fund may, in the name of the fund, sue or |
9 | be sued to enforce any right given against or to any subscriber |
10 | or other persons under this act. |
11 | Section 510. Subrogation to rights of claimants. |
12 | Nothing in this act shall relieve any person, partnership or |
13 | corporation otherwise liable therefor from any liability for |
14 | damages sustained by a subscriber. The insurance fund shall be |
15 | subrogated to the rights of any property owner's insurance under |
16 | this act. |
17 | Section 511. Insurance companies may cover risk. |
18 | Any insurance company may issue policies covering the type of |
19 | risk provided for under this chapter subject to the prior |
20 | approval of the Insurance Commissioner as to policy form and |
21 | rates. |
22 | Section 512. Escrow of premium payments. |
23 | Mortgage lenders shall escrow the landslide insurance premium |
24 | payments if they offer the purchase of the insurance. |
25 | Section 513. Properties in violation of State or local law. |
26 | No new landslide insurance coverage shall be provided for any |
27 | property which the agency department finds has been declared by | <-- |
28 | a State or local zoning authority, or other authorized public |
29 | body, to be in violation of State or local laws, regulations or |
30 | ordinances which are intended to discourage or otherwise |
|
1 | restrict land development or occupancy in landslide-prone areas. |
2 | CHAPTER 7 |
3 | MITIGATION ASSISTANCE |
4 | Section 701. Mitigation assistance. |
5 | (a) Financial assistance generally.--The agency department | <-- |
6 | shall carry out a program to provide financial assistance to |
7 | communities and individuals for planning and carrying out |
8 | activities designed to reduce the risk of landslide damage to |
9 | structures covered under contracts for landslide insurance. |
10 | Financial assistance may be made available to communities and |
11 | individuals in the form of grants or revolving loans for the |
12 | carrying out of mitigation activities. Loans shall carry an |
13 | interest rate of no more than 3%. |
14 | (b) Grants.--The agency department may make grants under | <-- |
15 | this section to communities to assist in developing mitigation |
16 | plans. |
17 | (c) Eligibility.--To be eligible to receive financial |
18 | assistance, a community shall develop a mitigation plan that |
19 | describes the mitigation activities to be carried out with |
20 | assistance provided under this section. The mitigation plan must |
21 | be consistent with the criteria established by the agency | <-- |
22 | department and provide protection against landslide losses to | <-- |
23 | structures for which contracts for flood insurance are available |
24 | under this act. The mitigation plan shall be consistent with a |
25 | comprehensive strategy for mitigation activities for the area |
26 | affected by the mitigation plan that has been adopted by the |
27 | community following a public hearing. |
28 | (d) Procedure.--The agency department shall notify a | <-- |
29 | community submitting a mitigation plan of the approval or |
30 | disapproval of the plan not later than 120 days after submission |
|
1 | of the plan. If the agency department does not approve a | <-- |
2 | mitigation plan submitted under this section, the agency | <-- |
3 | department shall notify in writing the community submitting the | <-- |
4 | plan of the reasons for the disapproval. |
5 | (e) Limitation.--Amounts provided under this section may be |
6 | used only for mitigation activities specified in a mitigation |
7 | plan approved by the agency department. The agency department | <-- |
8 | may approve only mitigation plans that specify mitigation |
9 | activities that are technically feasible and cost effective and |
10 | that are cost beneficial under Chapter 5. |
11 | (f) Approval.--The agency department shall approve funding | <-- |
12 | for mitigation plans based on criteria that include: |
13 | (1) Criteria under subsection (e). |
14 | (2) Proposed activities to address repetitive loss |
15 | structures and structures that have incurred substantial |
16 | damage. |
17 | (g) Matching funds.--The agency department may require a | <-- |
18 | community to match grant funds. |
19 | (h) Oversight.--The agency department shall conduct | <-- |
20 | oversight of recipients of mitigation assistance to ensure that |
21 | the assistance is used in compliance with the approved |
22 | mitigation plans of the recipients and that any matching fund |
23 | requirements are fulfilled. |
24 | (i) Failure to comply.--If the agency department determines | <-- |
25 | that a community that has received mitigation assistance has not |
26 | carried out the mitigation activities as set forth in the |
27 | mitigation plan or has not secured required matching funds, the |
28 | agency department shall recapture any unexpended amounts and | <-- |
29 | redeposit the amounts in the assistance fund. |
30 | Section 702. Landslide Assistance Fund. |
|
1 | The Landslide Assistance Fund is hereby established as a |
2 | restricted account in the Treasury Department. The assistance |
3 | fund shall be administered by the agency department and shall be | <-- |
4 | comprised of moneys appropriated provided to it for purposes of | <-- |
5 | this chapter. All moneys in the assistance fund and the interest | <-- |
6 | accruing thereon are appropriated to the agency on a continuing |
7 | basis to carry out the provisions of this chapter. |
8 | Section 703. Construction permits. |
9 | No Commonwealth agency shall approve any financial assistance |
10 | for the acquisition of land for construction purposes in any |
11 | area that has been identified by the agency department as an | <-- |
12 | extremely hazardous zone without approval to proceed by the |
13 | agency department based on the results of a risk assessment. | <-- |
14 | CHAPTER 9 |
15 | PROGRAM ADMINISTRATION AND FUNDING |
16 | Section 901. Regulations. |
17 | The agency department, in conjunction with the board, may | <-- |
18 | promulgate rules and regulations and establish other conditions |
19 | of the policies as it deems just and expedient in keeping with |
20 | the fulfillment of the purposes of this act, including |
21 | reasonable classification of risks eligible for coverage under |
22 | this act, limits of coverage and rules covering the adjustment |
23 | and settlement of claims. |
24 | Section 902. Agency Department report. | <-- |
25 | The agency department shall make an annual report on the | <-- |
26 | program and on experience with landslide insurance sales through |
27 | producers to the General Assembly. Each report shall include |
28 | mitigation efforts, an analysis of the cost-effectiveness of the |
29 | program, accomplishments or shortcomings of the program and |
30 | recommendations for legislation regarding the program. |
|
1 | Section 903. Program funding. |
2 | The program shall be funded by the General Assembly through | <-- |
3 | an appropriation of moneys to the Pennsylvania Emergency |
4 | Management Agency loans under section 905 until which time the | <-- |
5 | insurance fund and assistance fund are deemed self-sufficient by |
6 | the General Assembly, but not more than ten years from the | <-- |
7 | effective date of this act. |
8 | Section 904. Reimbursement. |
9 | The program shall reimburse any Commonwealth departments for |
10 | agreed-upon costs of services that aid in administering the |
11 | program. |
12 | Section 905. Appropriations Loans. | <-- |
13 | (a) Insurance fund.--The Coal and Clay Mine Subsidence | <-- |
14 | Insurance Fund shall loan the sum of $2,500,000, or as much |
15 | thereof as may be necessary, is hereby appropriated to the | <-- |
16 | Landslide Insurance Fund for the fiscal year July 1, 2009 2010, | <-- |
17 | through June 30, 2010 2011. | <-- |
18 | (b) Assistance fund.--The Coal and Clay Mine Subsidence | <-- |
19 | Insurance Fund shall loan the sum of $2,500,000, or as much |
20 | thereof as may be necessary, is hereby appropriated to the | <-- |
21 | Landslide Assistance Fund for the fiscal year July 1, 2009 2010, | <-- |
22 | through June 30, 2010 2011. | <-- |
23 | (c) Agency Department.--Moneys in the Landslide Insurance | <-- |
24 | Fund and the Landslide Assistance Fund are hereby appropriated |
25 | to the Pennsylvania Emergency Management Agency department in | <-- |
26 | such amounts as may be determined annually by the Governor to be |
27 | used for the specified purposes of this act. |
28 | (d) Additional appropriations.--If, upon completion of the | <-- |
29 | annual examination and audit, it is determined that the total |
30 | asset value of either the insurance fund or assistance fund is |
|
1 | less than $2,500,000, such additional sum as may be necessary to |
2 | increase the total asset value of the fund or funds to |
3 | $2,500,000 shall be appropriated. |
4 | Section 906. Cost of administration. |
5 | The board shall keep an accurate account of the money paid in |
6 | premiums by the subscribers and the disbursements on account of |
7 | damages to premises. If, at the expiration of any year there |
8 | shall be a balance remaining after deducting the disbursements, |
9 | the unearned premiums on undetermined risks and the percentage |
10 | of premiums paid or payable to create or maintain the surplus |
11 | provided under this act, and after setting aside an adequate |
12 | reserve, the board may determine to allocate to the cost of |
13 | administering the insurance fund. |
14 | Section 907. Commissions. |
15 | Moneys from the insurance fund shall be available to pay a |
16 | one-time commission as determined by the board to insurance |
17 | producers who forward applications for landslide insurance to |
18 | the board if a policy is issued pursuant to an application |
19 | submitted by an insurance producer. The amount of the commission |
20 | shall be determined by the board on an annual basis. |
21 | CHAPTER 21 |
22 | MISCELLANEOUS PROVISIONS |
23 | Section 2101. Effective date. |
24 | This act shall take effect July 1, 2009 2010, or immediately, | <-- |
25 | whichever is later. |
|