Bill Text: PA HB128 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for the acquisition of property by the Commonwealth and local government units to mitigate flood hazards.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-01-30 - Referred to STATE GOVERNMENT [HB128 Detail]

Download: Pennsylvania-2009-HB128-Introduced.html

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PRINTER'S NO. 124
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 128 Session of2009
INTRODUCED BY KILLION, BELFANTI, BEYER, CALTAGIRONE, GEIST, GEORGE, GIBBONS, GOODMAN, GRUCELA, W. KELLER, KIRKLAND, MELIO, MICCARELLI, MICOZZIE, MILLER, MUSTIO, PICKETT, READSHAW, REICHLEY, ROSS, SIPTROTH, VULAKOVICH, WATSON, YUDICHAK, CARROLL, FABRIZIO, KORTZ, MAJOR, O'NEILL, PETRI, WANSACZ AND HARPER, JANUARY 30, 2009
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 30, 2009
AN ACT
Providing for the acquisition of property by the Commonwealth
and local government units to mitigate flood hazards.
TABLE OF CONTENTS
Section 1. Short title.
Section 2. Statement of legislative intent.
Section 3. Definitions.
Section 4. Acquiring property interests to mitigate flood
hazards.
Section 5. Public hearing.
Section 6. Property acquired in fee simple.
Section 7. Local taxing options.
Section 8. Procedure for acquisitions by local government
units.
Section 9. Borrowing and acquisitions on an installment basis.
Section 10. Exercise of eminent domain.
Section 11. Assessment.
Section 12. Termination or disposition of property interests.
Section 13. Utility rights-of-way and underground gas storage.
Section 14. Construction.
Section 15. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Flood Hazard
Mitigation Act.
Section 2. Statement of legislative intent.
The purpose of this act is to reduce future risk of flood
damages, while promoting the goals of preserving land for open
space, recreational, wetland and related purposes, by providing
a means by which the Commonwealth and its local government units
may acquire property that is either located in areas having
special flood hazards or other areas of flood risk or property
that is substantially damaged by flood.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Flood Mitigation Assistance Program." The Federal program
authorized by sections 1366 and 1367 of the National Flood
Insurance Act of 1968 (Public Law 90-448, 42 U.S.C. §§ 4104c and
4104d) and the regulations appertaining thereto.
"Hazard Mitigation Grant Program." The Federal program
pursuant to which hazard mitigation grants are made under the
provisions of section 404 of The Robert T. Stafford Disaster
Relief and Emergency Assistance Act (Public Law 93-288, 42
U.S.C. § 5170c) and the regulations appertaining thereto.
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"Interest in real property." Any right in real property,
improvements thereto or water, whatsoever, including, but not
limited to, a fee simple, easement, remainder, future interest,
transferable development right, lease, license, restriction or
covenant of any sort, option or contractual interest or right
concerning the use of or power to transfer property.
"Local government unit." Any of the following:
(1) A county.
(2) A county authority having among the purposes for
which it was created the mitigation of flood hazards.
(3) A municipal corporation as defined in 1 Pa.C.S. §
1991 (relating to definitions) or any similar general purpose
unit of local government.
(4) A unit created by joint action of two or more local
government units which is authorized to be created by the
General Assembly, including cooperation by two or more local
government units under 53 Pa.C.S. Ch. 23 Subch. A (relating
to intergovernmental cooperation).
"Mitigation of flood hazards." The acquisition of
interests in property located in areas having special flood
hazards or other areas of flood risk and of property
substantially damaged by flood in accordance with or
supplementary to the Hazard Mitigation Grant Program or the
Flood Mitigation Assistance Program, provided that the
property so acquired is used in a manner compatible with open
space, recreational or wetland management practices,
including parks for outdoor recreational activities, nature
reserves, cultivation, grazing, camping, buffer zones and
other uses consistent with the use restrictions of the Hazard
Mitigation Grant Program and the Flood Mitigation Assistance
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Program.
Section 4. Acquiring property interests to mitigate flood
hazards.
(a) Authorization.--
(1) The Commonwealth or a local government unit may
acquire, by purchase, contract, condemnation, gift, devise or
otherwise, interests in real property for the mitigation of
flood hazards.
(2) Acquisitions of interests in real property by a
local government unit under this act are limited to interests
in real property situate within its boundaries.
(b) Demolition and relocation.--The authority to acquire
interests in real property under this act shall include the
authority to provide for the demolition of structures on or the
relocation of structures from the property acquired.
Section 5. Public hearing.
Interests in real property may not be acquired under this act
unless a public hearing is held, after notice both to the owners
of interests in real property to be acquired and to the local
government unit in which land is situate. At the public hearing,
the entity acquiring the property interests shall set forth the
interests to be taken and their proposed use, and persons and
municipalities affected by the acquisition shall have an
opportunity to present relevant evidence.
Section 6. Property acquired in fee simple.
If the owner of an interest in real property to be acquired
under this act prefers to have the Commonwealth or the local
government unit acquire the property in fee simple, the
Commonwealth or the local government unit shall be required to
acquire the property in fee simple.
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Section 7. Local taxing options.
(a) General rule.--For the purpose of providing revenue to
make acquisitions for the mitigation of flood hazards or retire
the indebtedness incurred in the mitigation of flood hazards, a
local government unit shall have the following local tax
options:
(1) In addition to the statutory rate limits on real
estate taxes provided for counties, a county may, by
ordinance, impose a tax on real property not exceeding the
millage authorized by referendum as required by subsection
(b).
(2) In addition to the statutory rate limits provided
for the respective class of local government units, a local
government unit, excluding a county and county authority,
may, by ordinance, impose either a tax on real property not
exceeding the millage authorized by referendum under
subsection (b) or a tax on the earned income of the residents
of that local government unit not exceeding the rate
authorized by referendum under subsection (b).
(b) Referendum.--
(1) The local taxing option authorized by this section
shall not be exercised unless the governing body of the local
government unit shall, by ordinance, first provide for a
referendum on the question of the imposition of the
additional tax at a specific rate and a majority of those
voting on the referendum question vote in favor of the
imposition of the tax. The ordinance of the governing board
of the local government unit providing for a referendum on
the question shall be filed with the county board of
elections.
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(2) The referendum shall be governed by the provisions
of the act of June 3, 1937 (P.L.1333, No.320), known as the
Pennsylvania Election Code.
(3) The election official shall cause the question to be
submitted to the electors of the local government unit at the
next primary, general or municipal election occurring not
less than the 13th Tuesday following the filing of the
ordinance with the county board of elections.
(4) At such election, the question shall be submitted to
the voters in the same manner as other questions are
submitted under the provisions of the Pennsylvania Election
Code. The question to be placed upon the ballot shall be
framed in the following form:
Do you favor the imposition of a (describe tax in millage
or rate) by (local government unit) to be used in the
mitigation of flood hazards to (purpose)?
Section 8. Procedure for acquisitions by local government
units.
(a) Recordkeeping.--
(1) When a local government unit acquires an interest in
real property as authorized under this act, it shall
establish and maintain a repository of records of the
interests in real property that have been or are acquired by
the local government unit.
(2) The local government unit shall record each interest
in real property acquired by the local government unit in the
office of the recorder of deeds for the county in which the
real property is located.
(b) Copy to school district.--A local government unit
acquiring an interest in real property shall submit to the
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school district within which the real property is located a
copy, certified by the county recorder of deeds, of the deed
reflecting the acquisition.
Section 9. Borrowing and acquisitions on an installment basis.
(a) Authority to incur debt.--
(1) A local government unit that is governed by 53
Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and
borrowing) may incur indebtedness under 53 Pa.C.S. Pt. VII
Subpt. B for the purposes of acquiring property interests
under the provisions of this act, and a local government unit
may authorize the establishment of a program to purchase the
property interests on an installment or other deferred basis.
(2) The obligation of the local government unit to make
payments on an installment or other deferred basis shall not
be subject to the requirements of 53 Pa.C.S. § 8142(b) or (c)
(relating to limitations on stated maturity dates).
(b) Interest to be paid to landowner.--A landowner who
enters into an installment agreement with a local government
unit shall receive, in addition to the selling price, interest
in an amount or at a rate set forth in the purchase agreement.
Section 10. Exercise of eminent domain.
The use of the power of eminent domain to acquire interests
in real property for the purposes of this act shall be exercised
under the provisions of 26 Pa.C.S. (relating to eminent domain),
and shall be subject to restrictions and limitations imposed by
Federal or State law.
Section 11. Assessment.
Any interest in property acquired by the Commonwealth or a
local government unit under this act shall be held for public
purposes and be exempt from taxation. The assessment of private
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interests in land subject to an interest in property acquired
under this act shall reflect any change in market value of the
property that may result from the acquisition of the property
interest by the Commonwealth or the local government unit.
Section 12. Termination or disposition of property interests.
Property interests acquired under this act may be terminated
or disposed of in a manner not inconsistent with any
restrictions and limitations imposed by the Hazard Mitigation
Grant Program or the Flood Mitigation Assistance Program.
Section 13. Utility rights-of-way and underground gas storage.
(a) General rule.--The ownership by the Commonwealth or a
local government unit of a property interest acquired under this
act shall not preclude the acquisition, by lease, purchase or
eminent domain, and use of rights-of-way or underground gas
storage rights in such property by a public utility or other
body entitled to exercise the power of eminent domain. In the
case of an acquisition by a public utility, such acquisition
shall occur only if the Pennsylvania Public Utility Commission,
after public hearing, shall find that such acquisition and use
are necessary or proper for the service, accommodation,
convenience or safety of the public. In the case of an
acquisition by a body other than a public utility, such
acquisition shall occur only if the Commonwealth or the local
government unit, after public hearing, shall approve the
acquisition.
(b) Notice of public hearing.--
(1) Notice of public hearing required by subsection (a)
shall include a statement of the purpose of the public
hearing and the date, time and place of the public hearing
and be given by publication one time at least 20 days prior
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to the hearing, in a newspaper of general circulation in the
area where the property is located, and written notice shall
be conspicuously posted at points deemed sufficient by the
body conducting the public hearing to notify potentially
interested citizens. The affected tract shall be posted at
least ten days prior to the hearing.
(2) If the Commonwealth or a local government unit owns
an interest in property that is the subject of the hearing,
and is not itself conducting the hearing, notice shall be
sent by United States first class mail at least 20 days prior
to the hearing to the Commonwealth or the local government
unit.
Section 14. Construction.
The authority granted to the Commonwealth and local
government units under this act shall be in addition to and not
in limitation of any other authority heretofore or hereafter
granted to the Commonwealth or a local government unit by any
other law and shall be construed to enlarge and not to reduce or
limit the power and authority of the Commonwealth and local
government units.
Section 15. Effective date.
This act shall take effect immediately.
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