SENATE AMENDED
PRIOR PRINTER'S NOS. 684, 1739, 2209 PRINTER'S NO. 2210
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 735
Session of
2023
INTRODUCED BY WARREN, BURGOS, MADDEN, T. DAVIS, FREEMAN, VITALI,
BRENNAN, DELLOSO, PICKETT, CIRESI, TAKAC, KHAN, BOROWSKI,
SANCHEZ, BOYLE, WEBSTER AND FLEMING, MARCH 28, 2023
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 25, 2023
AN ACT
1 Establishing the Flood Insurance Premium Assistance Task Force. <--
2 AMENDING THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), ENTITLED <--
3 "AN ACT PROVIDING FOR AND REORGANIZING THE CONDUCT OF THE
4 EXECUTIVE AND ADMINISTRATIVE WORK OF THE COMMONWEALTH BY THE
5 EXECUTIVE DEPARTMENT THEREOF AND THE ADMINISTRATIVE
6 DEPARTMENTS, BOARDS, COMMISSIONS, AND OFFICERS THEREOF,
7 INCLUDING THE BOARDS OF TRUSTEES OF STATE NORMAL SCHOOLS, OR
8 TEACHERS COLLEGES; ABOLISHING, CREATING, REORGANIZING OR
9 AUTHORIZING THE REORGANIZATION OF CERTAIN ADMINISTRATIVE
10 DEPARTMENTS, BOARDS, AND COMMISSIONS; DEFINING THE POWERS AND
11 DUTIES OF THE GOVERNOR AND OTHER EXECUTIVE AND ADMINISTRATIVE
12 OFFICERS, AND OF THE SEVERAL ADMINISTRATIVE DEPARTMENTS,
13 BOARDS, COMMISSIONS, AND OFFICERS; FIXING THE SALARIES OF THE
14 GOVERNOR, LIEUTENANT GOVERNOR, AND CERTAIN OTHER EXECUTIVE
15 AND ADMINISTRATIVE OFFICERS; PROVIDING FOR THE APPOINTMENT OF
16 CERTAIN ADMINISTRATIVE OFFICERS, AND OF ALL DEPUTIES AND
17 OTHER ASSISTANTS AND EMPLOYES IN CERTAIN DEPARTMENTS, BOARDS,
18 AND COMMISSIONS; PROVIDING FOR JUDICIAL ADMINISTRATION; AND
19 PRESCRIBING THE MANNER IN WHICH THE NUMBER AND COMPENSATION
20 OF THE DEPUTIES AND ALL OTHER ASSISTANTS AND EMPLOYES OF
21 CERTAIN DEPARTMENTS, BOARDS AND COMMISSIONS SHALL BE
22 DETERMINED," IN COMMONWEALTH BUDGET PROCEDURES, PROVIDING FOR <--
23 SCOPE AND FOR DEFINITIONS; PROVIDING FOR FLOOD INSURANCE
24 PREMIUM ASSISTANCE TASK FORCE; IN POWERS AND DUTIES OF
25 DEPARTMENT OF HUMAN SERVICES AND ITS DEPARTMENTAL
26 ADMINISTRATIVE AND ADVISORY BOARDS AND COMMISSIONS, PROVIDING
27 FOR CHILD SUPPORT ENFORCEMENT FEES; AND, IN JUDICIAL
28 ADMINISTRATION, PROVIDING FOR SURCHARGE AND FEE.
29 The General Assembly of the Commonwealth of Pennsylvania
30 hereby enacts as follows:
 1 Section 1. Short title. <--
2 This act shall be known and may be cited as the Flood
3 Insurance Premium Assistance Task Force Act.
4 Section 2. Findings.
5 The General Assembly finds that:
6 (1) Many communities within this Commonwealth have faced
7 devastating floods in recent years.
8 (2) The provisions of 42 U.S.C. Ch. 50 (relating to
9 national flood insurance), has caused steep increases in
10 flood insurance premiums to pay for increased spending in the
11 Federal Emergency Management Agency's (FEMA) flood disaster
12 assistance program.
13 (3) In the past several years, FEMA has revised its
14 flood mapping to include many properties that previously did
15 not require flood insurance.
16 (4) Whole communities along Pennsylvania's rivers and
17 creeks could be devastated by plummeting property values due
18 to unaffordable flood insurance premiums.
19 Section 3. Flood Insurance Premium Assistance Task Force.
20 (a) Establishment.--The Flood Insurance Premium Assistance
21 Task Force is established.
22 (b) Membership.--The task force shall consist of the
23 following members, appointed within 25 days after the effective
24 date of this subsection:
25 (1) The Insurance Commissioner, or a designee who shall
26 be an employee of the Insurance Department appointed by the
27 Insurance Commissioner, shall be the chair of the task force.
28 (2) The Director of the Pennsylvania Emergency
29 Management Agency, or a designee who shall be an employee of
30 the Pennsylvania Emergency Management Agency appointed by the
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 1 Director of the Pennsylvania Emergency Management Agency.
2 (3) The Secretary of Banking and Securities, or a
3 designee who shall be an employee of the Department of
4 Banking and Securities appointed by the Secretary of Banking
5 and Securities.
6 (4) One member appointed by the President pro tempore of
7 the Senate.
8 (5) One member appointed by the Minority Leader of the
9 Senate.
10 (6) One member appointed by the Speaker of the House of
11 Representatives.
12 (7) One member appointed by the Minority Leader of the
13 House of Representatives.
14 (c) Conducting of business.--The task force shall conduct
15 its business as follows:
16 (1) The physical presence of a majority of the members
17 shall constitute a quorum of the task force.
18 (2) Action of the task force must be authorized or
19 ratified by a majority vote of its members.
20 (3) A member not physically present may participate by
21 teleconference or video conference.
22 (4) The first meeting shall be convened within 45 days
23 of the effective date of this paragraph. Additional meetings
24 may be called by the chair as necessary.
25 (5) The chair shall schedule a meeting upon written
26 request of a two-thirds majority of the members of the task
27 force.
28 (6) The task force shall hold public hearings as
29 necessary to obtain the information required to conduct its
30 review.
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 1 (7) All meetings and hearings held by the task force
2 shall be subject to 65 Pa.C.S. Ch. 7 (relating to open
3 meetings).
4 (8) The Department of Community and Economic
5 Development, the Department of Conservation and Natural
6 Resources, the Department of Environmental Protection and the
7 Insurance Department shall cooperate to provide
8 administrative or other assistance to the task force.
9 (9) Members may not receive compensation but shall be
10 reimbursed for reasonable and necessary expenses incurred in
11 service of the task force.
12 (d) Powers and duties.--The task force shall have the
13 following powers and duties:
14 (1) To review and analyze the law, procedures,
15 practices, processes and rules relating to the administration
16 of flood insurance.
17 (2) To hold public hearings for the taking of testimony
18 and the requesting of documents.
19 (3) Through its chair, to administer oaths and
20 affirmations to witnesses appearing before the task force.
21 (4) To accept and review written comments from
22 individuals and organizations.
23 (5) To make, by no later than six months after the
24 effective date of this paragraph, a final report to the
25 Governor, the Senate and the House of Representatives. In
26 addition to any information that the task force deems
27 appropriate, the report shall include recommendations
28 regarding:
29 (i) potential programs that provide premium
30 discounts;
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 1 (ii) potential programs, whether through the
2 mechanism of premium discounts or other relief, that
3 create incentives for local governments to undertake or
4 continue flood mitigation efforts;
5 (iii) the implementation of necessary changes in
6 statutes and practices of this Commonwealth, policies and
7 procedures relating to the administration of flood
8 insurance;
9 (iv) how to educate residents of this Commonwealth
10 about the risk of flooding and ways to mitigate flood
11 occurrences;
12 (v) steps that the Commonwealth should take to
13 inform residents about the options available when
14 purchasing flood insurance; and
15 (vi) how to increase the number of people that
16 purchase flood insurance, either through the National
17 Flood Insurance Program or the private flood insurance
18 market.
19 (e) Report.--The report made under this act shall be:
20 (1) Adopted at a public meeting.
21 (2) A public record under the act of February 14, 2008
22 (P.L.6, No.3), known as the Right-to-Know Law.
23 (f) Expiration.--The task force shall expire 30 days after
24 making the final report to the Governor, the Senate and the
25 House of Representatives under subsection (d)(5).
26 Section 4. Effective date.
27 This act shall take effect in 60 days.
28 SECTION 1. THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN <--
29 AS THE ADMINISTRATIVE CODE OF 1929, IS AMENDED BY ADDING AN
30 ARTICLE TO READ:
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 1 SECTION 1. THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN <--
2 AS THE ADMINISTRATIVE CODE OF 1929, IS AMENDED BY ADDING
3 SECTIONS TO READ:
4 SECTION 601. SCOPE.--(A) THIS ARTICLE APPLIES TO ALL
5 LEGISLATIVE AND EXECUTIVE ACTIONS RELATED TO THE ENACTMENT AND
6 IMPLEMENTATION OF LEGISLATION UNDER SECTIONS 13 AND 14 OF
7 ARTICLE VIII OF THE CONSTITUTION OF PENNSYLVANIA.
8 (B) SUBSECTION (A) INCLUDES THE DETERMINATION OF A SURPLUS
9 UNDER THIS ARTICLE AND SUBARTICLE A OF ARTICLE XVII-A OF THE ACT
10 OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN AS "THE FISCAL CODE."
11 SECTION 602. DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES
12 WHEN USED IN THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM
13 IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
14 "SURPLUS." A FISCAL OPERATING RESULT WHICH OCCURS IN A FUND
15 AT THE END OF A FISCAL YEAR, WHEREBY EXPENDITURES, INCLUDING TAX
16 REFUNDS, ARE LESS THAN THE FUND'S BEGINNING BALANCE, REVENUES
17 AND RECEIPTS AND LAPSES DURING THE SAME PERIOD.
18 SECTION 1.1. THE ACT IS AMENDED BY ADDING AN ARTICLE TO
19 READ:
20 ARTICLE XV-C
21 FLOOD INSURANCE PREMIUM ASSISTANCE TASK FORCE
22 SECTION 1501-C. DEFINITIONS.
23 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
24 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
25 CONTEXT CLEARLY INDICATES OTHERWISE:
26 "FEMA." THE FEDERAL EMERGENCY MANAGEMENT AGENCY.
27 "TASK FORCE." THE FLOOD INSURANCE PREMIUM ASSISTANCE TASK
28 FORCE ESTABLISHED UNDER SECTION 1503-C.
29 SECTION 1502-C. FINDINGS.
30 THE GENERAL ASSEMBLY FINDS THAT:
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 1 (1) MANY COMMUNITIES WITHIN THIS COMMONWEALTH HAVE FACED
2 DEVASTATING FLOODS IN RECENT YEARS.
3 (2) THE PROVISIONS OF 42 U.S.C. CH. 50 (RELATING TO
4 NATIONAL FLOOD INSURANCE), HAS CAUSED STEEP INCREASES IN
5 FLOOD INSURANCE PREMIUMS TO PAY FOR INCREASED SPENDING IN
6 FEMA FLOOD DISASTER ASSISTANCE PROGRAM.
7 (3) IN THE PAST SEVERAL YEARS, FEMA HAS REVISED ITS
8 FLOOD MAPPING TO INCLUDE MANY PROPERTIES THAT PREVIOUSLY DID
9 NOT REQUIRE FLOOD INSURANCE.
10 (4) WHOLE COMMUNITIES ALONG PENNSYLVANIA'S RIVERS AND
11 CREEKS COULD BE DEVASTATED BY PLUMMETING PROPERTY VALUES DUE
12 TO UNAFFORDABLE FLOOD INSURANCE PREMIUMS.
13 SECTION 1503-C. FLOOD INSURANCE PREMIUM ASSISTANCE TASK FORCE.
14 (A) ESTABLISHMENT.--THE FLOOD INSURANCE PREMIUM ASSISTANCE
15 TASK FORCE IS ESTABLISHED.
16 (B) MEMBERSHIP.--THE TASK FORCE SHALL CONSIST OF THE
17 FOLLOWING MEMBERS, APPOINTED WITHIN 25 DAYS AFTER THE EFFECTIVE
18 DATE OF THIS SUBSECTION:
19 (1) THE INSURANCE COMMISSIONER, OR A DESIGNEE WHO SHALL
20 BE AN EMPLOYEE OF THE INSURANCE DEPARTMENT APPOINTED BY THE
21 INSURANCE COMMISSIONER, SHALL BE THE CHAIR OF THE TASK FORCE.
22 (2) THE DIRECTOR OF THE PENNSYLVANIA EMERGENCY
23 MANAGEMENT AGENCY, OR A DESIGNEE WHO SHALL BE AN EMPLOYEE OF
24 THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY APPOINTED BY THE
25 DIRECTOR OF THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY.
26 (3) THE SECRETARY OF BANKING AND SECURITIES, OR A
27 DESIGNEE WHO SHALL BE AN EMPLOYEE OF THE DEPARTMENT OF
28 BANKING AND SECURITIES APPOINTED BY THE SECRETARY OF BANKING
29 AND SECURITIES.
30 (4) ONE MEMBER APPOINTED BY THE PRESIDENT PRO TEMPORE OF
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 1 THE SENATE.
2 (5) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE
3 SENATE.
4 (6) ONE MEMBER APPOINTED BY THE SPEAKER OF THE HOUSE OF
5 REPRESENTATIVES.
6 (7) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE
7 HOUSE OF REPRESENTATIVES.
8 (C) CONDUCTING OF BUSINESS.--THE TASK FORCE SHALL CONDUCT
9 ITS BUSINESS AS FOLLOWS:
10 (1) THE PHYSICAL PRESENCE OF A MAJORITY OF THE MEMBERS
11 SHALL CONSTITUTE A QUORUM OF THE TASK FORCE.
12 (2) ACTION OF THE TASK FORCE MUST BE AUTHORIZED OR
13 RATIFIED BY A MAJORITY VOTE OF ITS MEMBERS.
14 (3) A MEMBER NOT PHYSICALLY PRESENT MAY PARTICIPATE BY
15 TELECONFERENCE OR VIDEO CONFERENCE.
16 (4) THE FIRST MEETING SHALL BE CONVENED WITHIN 45 DAYS
17 OF THE EFFECTIVE DATE OF THIS PARAGRAPH. ADDITIONAL MEETINGS
18 MAY BE CALLED BY THE CHAIR AS NECESSARY.
19 (5) THE CHAIR SHALL SCHEDULE A MEETING UPON WRITTEN
20 REQUEST OF A TWO-THIRDS MAJORITY OF THE MEMBERS OF THE TASK
21 FORCE.
22 (6) THE TASK FORCE SHALL HOLD PUBLIC HEARINGS AS
23 NECESSARY TO OBTAIN THE INFORMATION REQUIRED TO CONDUCT ITS
24 REVIEW.
25 (7) ALL MEETINGS AND HEARINGS HELD BY THE TASK FORCE
26 SHALL BE SUBJECT TO 65 PA.C.S. CH. 7 (RELATING TO OPEN
27 MEETINGS).
28 (8) THE DEPARTMENT OF COMMUNITY AND ECONOMIC
29 DEVELOPMENT, THE DEPARTMENT OF CONSERVATION AND NATURAL
30 RESOURCES, THE DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE
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 1 INSURANCE DEPARTMENT SHALL COOPERATE TO PROVIDE
2 ADMINISTRATIVE OR OTHER ASSISTANCE TO THE TASK FORCE.
3 (9) MEMBERS MAY NOT RECEIVE COMPENSATION BUT SHALL BE
4 REIMBURSED FOR REASONABLE AND NECESSARY EXPENSES INCURRED IN
5 SERVICE OF THE TASK FORCE.
6 (D) POWERS AND DUTIES.--THE TASK FORCE SHALL HAVE THE
7 FOLLOWING POWERS AND DUTIES:
8 (1) TO REVIEW AND ANALYZE THE LAW, PROCEDURES,
9 PRACTICES, PROCESSES AND RULES RELATING TO THE ADMINISTRATION
10 OF FLOOD INSURANCE.
11 (2) TO HOLD PUBLIC HEARINGS FOR THE TAKING OF TESTIMONY
12 AND THE REQUESTING OF DOCUMENTS.
13 (3) THROUGH ITS CHAIR, TO ADMINISTER OATHS AND
14 AFFIRMATIONS TO WITNESSES APPEARING BEFORE THE TASK FORCE.
15 (4) TO ACCEPT AND REVIEW WRITTEN COMMENTS FROM
16 INDIVIDUALS AND ORGANIZATIONS.
17 (5) TO MAKE, BY NO LATER THAN SIX MONTHS AFTER THE
18 EFFECTIVE DATE OF THIS PARAGRAPH, A FINAL REPORT TO THE
19 GOVERNOR, THE SENATE AND THE HOUSE OF REPRESENTATIVES. IN
20 ADDITION TO ANY INFORMATION THAT THE TASK FORCE DEEMS
21 APPROPRIATE, THE REPORT SHALL INCLUDE RECOMMENDATIONS
22 REGARDING:
23 (I) POTENTIAL PROGRAMS THAT PROVIDE PREMIUM
24 DISCOUNTS;
25 (II) POTENTIAL PROGRAMS, WHETHER THROUGH THE
26 MECHANISM OF PREMIUM DISCOUNTS OR OTHER RELIEF, THAT
27 CREATE INCENTIVES FOR LOCAL GOVERNMENTS TO UNDERTAKE OR
28 CONTINUE FLOOD MITIGATION EFFORTS;
29 (III) THE IMPLEMENTATION OF NECESSARY CHANGES IN
30 STATUTES AND PRACTICES OF THIS COMMONWEALTH, POLICIES AND
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 1 PROCEDURES RELATING TO THE ADMINISTRATION OF FLOOD
2 INSURANCE;
3 (IV) HOW TO EDUCATE RESIDENTS OF THIS COMMONWEALTH
4 ABOUT THE RISK OF FLOODING AND WAYS TO MITIGATE FLOOD
5 OCCURRENCES;
6 (V) STEPS THAT THE COMMONWEALTH SHOULD TAKE TO
7 INFORM RESIDENTS ABOUT THE OPTIONS AVAILABLE WHEN
8 PURCHASING FLOOD INSURANCE; AND
9 (VI) HOW TO INCREASE THE NUMBER OF PEOPLE THAT
10 PURCHASE FLOOD INSURANCE, EITHER THROUGH THE NATIONAL
11 FLOOD INSURANCE PROGRAM OR THE PRIVATE FLOOD INSURANCE
12 MARKET.
13 (E) REPORT.--THE REPORT MADE UNDER THIS ARTICLE SHALL BE:
14 (1) ADOPTED AT A PUBLIC MEETING.
15 (2) A PUBLIC RECORD UNDER THE ACT OF FEBRUARY 14, 2008
16 (P.L.6, NO.3), KNOWN AS THE RIGHT-TO-KNOW LAW.
17 (F) EXPIRATION.--THE TASK FORCE SHALL EXPIRE 30 DAYS AFTER
18 MAKING THE FINAL REPORT TO THE GOVERNOR, THE SENATE AND THE
19 HOUSE OF REPRESENTATIVES UNDER SUBSECTION (D)(5).
20 SECTION 2. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
21 SECTION 2338. CHILD SUPPORT ENFORCEMENT FEES.--THE
22 DEPARTMENT OF HUMAN SERVICES MAY IMPOSE A FEE OF THIRTY-FIVE
23 DOLLARS ($35) IN EACH CHILD SUPPORT CASE IN WHICH AN INDIVIDUAL
24 HAS NEVER RECEIVED ASSISTANCE U