PRINTER'S NO. 3594
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2129
Session of
2015
INTRODUCED BY PETRI, FARRY, DUNBAR, MILLARD, QUINN, THOMAS,
WATSON AND SANTARSIERO, JUNE 22, 2016
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 22, 2016
AN ACT
Amending the act of October 4, 1978 (P.L.851, No.166), entitled
"An act providing for the regulation of land and water use
for flood control purposes, imposing duties and conferring
powers on the Department of Community Affairs, the Department
of Environmental Resources, and municipalities, providing for
penalties and enforcement and making appropriations," in
preliminary provisions, further providing for definitions;
and providing for the Community Rating System Incentive
Program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 104 of the act of October 4, 1978
(P.L.851, No.166), known as the Flood Plain Management Act, is
amended by adding definitions to read:
Section 104. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Federal program." The Federal Emergency Management Agency's
Community Rating System Incentive Program.
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* * *
"Political subdivision." A county, city, borough or
incorporated town or township.
* * *
"Regional entity." A multijurisdictional entity that was
created:
(1) to represent two or more political subdivisions; or
(2) under an intergovernmental cooperation agreement.
* * *
"State program." The Community Rating System Incentive
Program established under Chapter 4A.
* * *
Section 2. The act is amended by adding a chapter to read:
CHAPTER 4A
COMMUNITY RATING SYSTEM INCENTIVE PROGRAM
Section 4A01. Establishment of State program.
The State program is established within the department to
provide grants to political subdivisions or regional entities
for assistance with floodplain management activities that are
required for participation in the Federal program by the
political subdivision to:
(1) earn points under the Federal program and for the
activities that result in the political subdivision entering
the Federal program; or
(2) result in the improvement of the political
subdivision's current rating under the Federal program.
Section 4A02. Grant eligibility.
(a) A political subdivision may apply for State program
funds individually or through an appropriately designated
regional entity.
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(b) To be eligible for a grant, a political subdivision
must:
(1) Participate in the National Flood Insurance Program
and be in good standing.
(2) Have a current hazard mitigation plan in effect that
is approved by the Federal Emergency Management Agency.
(3) Certify that the political subdivision intends to
participate in the Federal program, subject to the results of
the baseline assessment of the political subdivision's
Federal program-approved credit activities.
(4) Develop and implement activities to ensure that the
political subdivision's floodplain management program exceeds
the minimum requirements of the National Flood Insurance
Program.
(5) Designate the following duties to the municipal
floodplain administrator:
(i) Administer a flood zone permit application for
regulating all development in special flood hazard areas,
as defined by the municipal floodplain management
ordinance.
(ii) Provide the political subdivision's flood
insurance rate maps or Internet website links on the
political subdivision's publicly accessible Internet
website, if applicable.
Section 4A03. Administration of State program.
(a) The department shall annually verify the total number of
political subdivisions which applied, individually or as part of
a regional entity, and which are eligible to participate in the
State program.
(b) The State National Flood Insurance Program coordinator
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in the department shall administer the State program and provide
coordinated assistance to political subdivisions seeking
assistance in participating in the State program and the Federal
program.
(c) Prior to the announcement of the availability of the
State program funds, department officials shall develop and
distribute specific guidelines for the grant application,
evaluation, prioritization, award and monitoring of the State
program.
Section 4A04. Appropriation and use of funds.
(a) The sum of $5,000,000 is appropriated for the State
program.
(b) The following apply to the use of the funds:
(1) The department may not use more than 10% of the
funds under subsection (a) for the administration of the
programs. Administration costs shall include providing
technical assistance and training to political subdivisions.
(2) The funds may be used to assist political
subdivisions in activities that exceed the minimum required
under the National Flood Insurance Program, result in the
political subdivision entering the Federal program or improve
the political subdivision's rating in the Federal program.
The activities include:
(i) Assessing the baseline status of an existing
floodplain management program and other operations to
evaluate the political subdivision's capability of
successfully entering and remaining in the Federal
program.
(ii) Activities that meet the Federal Emergency
Management Agency's Region-III-specific requirements for
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entering the Federal program.
(iii) Activities that, under the National Flood
Insurance Program Coordinator's Manual:
(A) would earn Federal program points;
(B) are required elements of participation in
the Federal program; or
(C) result in the increase in the rating of a
political subdivision.
(3) A grant issued under the State program may not be
more than 20% of the available program funds.
(4) Program funds may not be used for regular
administration or enforcement of the political subdivision's
existing floodplain management ordinance.
Section 4A05. Application for Federal program.
A political subdivision which does not currently participate
in the Federal program when the application for the State
program is submitted and approved must submit a completed
application for the Federal program within six months of the
completion of the activity for which the political subdivision
received funds or the political subdivision must reimburse the
department for the full amount of the grant.
Section 3. This act shall take effect in 60 days.
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