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        PRIOR PRINTER'S NO. 269                       PRINTER'S NO. 4421

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 243 Session of 2005


        INTRODUCED BY SEMMEL, BAKER, TIGUE, DALEY, BASTIAN, BELFANTI,
           BUNT, CAPPELLI, CAUSER, CAWLEY, COSTA, CURRY, DeLUCA,
           FAIRCHILD, GEORGE, GINGRICH, GODSHALL, GOOD, GOODMAN,
           GRUCELA, HALUSKA, HESS, JAMES, KIRKLAND, MAHER, MANN,
           MARKOSEK, McCALL, McILHATTAN, MELIO, R. MILLER, O'NEILL,
           PETRONE, PISTELLA, REICHLEY, SATHER, SCAVELLO, SCHRODER,
           SOLOBAY, STABACK, STERN, T. STEVENSON, E. Z. TAYLOR, WANSACZ,
           WASHINGTON, WILT, WRIGHT AND YOUNGBLOOD, FEBRUARY 8, 2005

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           JUNE 28, 2006

                                     AN ACT

     1  Establishing the Flood Insurance Premium Assistance Program to
     2     provide premium assistance to eligible Pennsylvania residents
     3     who purchase flood insurance; and imposing powers and duties
     4     on the Insurance Department.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7  Section 1.  Short title.
     8     This act shall be known and may be cited as the Flood
     9  Insurance Premium Assistance Program.
    10  Section 2.  Legislative findings.
    11     The General Assembly finds and declares as follows:
    12         (1)  Pennsylvania is the most flood-prone state in the
    13     nation.
    14         (2)  Many communities in this Commonwealth frequently are
    15     subject to flooding which adversely affects means of


     1     livelihood and economic resources and causes significant
     2     damage and disruption in the life of the community but which
     3     is not often of sufficient magnitude to qualify for Federal
     4     disaster assistance programs.
     5         (3)  The Commonwealth needs a proactive program to
     6     protect its citizens against the economic damages incurred by
     7     continued flooding, while maintaining its ability to obtain
     8     Federal disaster assistance in the future.
     9  Section 3.  Definitions.
    10     The following words and phrases when used in this act shall
    11  have the meanings given to them in this section unless the
    12  context clearly indicates otherwise:
    13     "Department."  The Insurance Department of the Commonwealth.
    14     "FEMA."  The Federal Emergency Management Agency which
    15  administers the National Flood Insurance Program.
    16     "Net book premium."  The total premium amount for all
    17  eligible flood insurance policies in this Commonwealth.
    18     "NFIP."  The National Flood Insurance Program, created by
    19  Congress in response to the rising cost of taxpayer-funded
    20  disaster relief for flood victims to provide flood insurance to
    21  anyone living in a participating community that adheres to NFIP
    22  flood plain management and development regulations.
    23     "Program."  The Flood Insurance Premium Assistance Program
    24  established in section 4 (relating to the Flood Insurance         <--
    25  Premium Assistance Program).
    26     "Providers."  National Flood Insurance Program-approved
    27  insurance providers who sell National Flood Insurance Program
    28  flood insurance in this Commonwealth.
    29  Section 4.  Flood Insurance Premium Assistance Program.
    30     There is established under the jurisdiction of the Insurance
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     1  Department the Flood Insurance Premium Assistance Program to
     2  assist any eligible Pennsylvania resident or business purchasing
     3  flood insurance with 15% of the cost of premiums for that flood
     4  insurance in years in which funds are appropriated or made
     5  available to the department to administer the program.
     6  Section 5.  Eligibility.
     7     (a)  General rule.--Any Pennsylvania resident or business is
     8  eligible to participate in the program if they:
     9         (1)  Have purchased flood insurance prior to the initial
    10     year of the program or purchase flood insurance during or
    11     after the initial year of the program.
    12         (2)  Live in a community participating in the National
    13     Flood Insurance Program.
    14     (b) Termination of coverage.--
    15         (1)  Subject to the provisions of paragraphs (2) and (3),
    16     if a participant in the program drops flood insurance
    17     coverage on the covered property where the participant
    18     resides or conducts business, that participant will not be
    19     eligible for future participation in the program for coverage
    20     on the same property as long as the participant continues to   <--
    21     reside at that property or conduct business at that property.
    22     FOR THE SUCCEEDING FIVE YEARS. A PARTICIPANT SHALL BE EXEMPT   <--
    23     FROM THE PROVISIONS OF THIS PARAGRAPH IF THE FAILURE TO
    24     MAINTAIN FLOOD INSURANCE IS THE RESULT OF FINANCIAL HARDSHIP.
    25         (2)  If a participant moves back to or conducts business
    26     on a property for which that participant had dropped coverage
    27     at a prior date, the participant shall be eligible for the
    28     15% premium assistance under the program upon purchasing
    29     flood insurance for that property after the expiration of one
    30     calendar year.
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     1         (3)  If a participant purchases a new policy for a
     2     different property, the participant shall be eligible for a
     3     15% premium discount for the property upon the purchase of
     4     flood insurance for the property.
     5         (4)  THE PENALTIES PRESCRIBED IN PARAGRAPHS (1), (2) AND   <--
     6     (3) SHALL NOT APPLY IF COVERAGE IS DROPPED IN A YEAR IN WHICH
     7     NO STATE SUBSIDY IS AVAILABLE.
     8  Section 6.  Assistance when program not funded.
     9     If an eligible Pennsylvania resident or business purchases
    10  flood insurance after the initial year of enactment but in a
    11  year in which the program is not funded and administered, the
    12  participant shall be eligible for a discount in the amount of
    13  15% of the premium beginning with the year in which the program
    14  is reenacted.
    15  Section 7.  Mitigation.
    16     If a participant resides at a property determined by the
    17  Director of FEMA to be a severe repetitive loss property as
    18  defined under section 1361A of the National Flood Insurance Act
    19  of 1968 (42 U.S.C. § 4102a), the participant shall accept
    20  mitigation offers provided under that act or be disqualified
    21  from the Flood Insurance Premium Assistance Program upon the
    22  refusal to do so.
    23  Section 8.  Administration of program.
    24     The program shall be administered by the Insurance
    25  Department, which shall promulgate the necessary rules and
    26  regulations to implement and administer the program. The
    27  department shall:
    28         (1)  Enter into a contract with FEMA and NFIP-approved
    29     insurance providers to administer the program in an agreed-
    30     upon way. The department is authorized to draft and enter
    20050H0243B4421                  - 4 -     

     1     into agreements with Federal agencies, other Commonwealth
     2     agencies and private entities as necessary to implement the
     3     program.
     4         (2)  Publicize the program through its Flood Insurance
     5     Consumer Education Plan. This shall include, but not be
     6     limited to, informing consumers of when the program will be
     7     available, when the program will be discontinued due to
     8     unavailability of funding and/or when the program will be
     9     reenacted.
    10         (3)  In years in which funding has been made available to
    11     the department for the program, notify FEMA and insurance
    12     providers of the department's intent to provide premium
    13     assistance for the following calendar year and to remit
    14     payment to FEMA in a projected amount equal to 15% of the net
    15     book premium to be discounted for all eligible policies in
    16     effect between January 1 and December 31 of the upcoming
    17     calendar year.
    18         (4)  In years in which insufficient funding is made
    19     available to administer the program for the next calendar
    20     year, notify FEMA and insurance providers by November 1 of
    21     the department's intent to discontinue premium assistance for
    22     the following calendar year.
    23         (5)  On or before December 31 of years preceding premium
    24     assistance, remit payment to FEMA in a projected amount equal
    25     to 15% of the net book premium for all eligible policies to
    26     be taken out in the following calendar year.
    27         (6)  Develop an agreement and procedure with FEMA and
    28     insurance providers to address instances of remittance of
    29     insufficient funding needed by FEMA to provide premium
    30     assistance for any given year. This may include, but is not
    20050H0243B4421                  - 5 -     

     1     limited to, establishing extra payment dates to provide
     2     supplemental funding to FEMA to cover any instances of
     3     insufficient funding or discontinuing the program for the
     4     following calendar year and using those appropriated funds to
     5     compensate FEMA for funding owed.
     6         (7)  No later than March 1 of each year, submit a report
     7     to the General Assembly detailing its plan, its
     8     implementation and the progress of the program. The report
     9     shall include the number of Commonwealth residents who have
    10     purchased flood insurance during the preceding year and
    11     comparisons to prior years.
    12  Section 9.  Funding.
    13     The program shall be administered based on nonlapsing funds
    14  appropriated to the Insurance Department by the General Assembly
    15  to provide payment to FEMA in an amount equal to 15% of the
    16  costs of insurance premiums for any eligible Pennsylvania
    17  resident or business that purchases a flood insurance policy in
    18  years in which funds are appropriated or made available to the
    19  department for premium assistance.
    20  Section 10.  Implementation.
    21     The program shall be implemented by the department in the
    22  first full calendar year that occurs after funding is made
    23  available, but no sooner than 90 days after the effective date
    24  of this act.
    25  Section 11.  Effective date.
    26     This act shall take effect in 90 days.



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