35 Pa.C.S. Ch. 79

in effect

35 Pa.C.S. § 79A01 Scope of chapter.

This chapter relates to incentives for municipal volunteers of fire companies and nonprofit emergency medical services agencies.

35 Pa.C.S. § 79A02 Purpose.

The purpose of this chapter is to authorize municipalities to enact a tax credit against an active volunteer's tax liability as a financial incentive to: (1) Acknowledge the value and the absence of any public cost for volunteer fire protection and nonprofit emergency medical services provided by active volunteers. (2) Encourage individuals to volunteer or for former volunteers to consider rejoining as active volunteers in a volunteer fire company or nonprofit emergency medical services agency.

35 Pa.C.S. § 79A03 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Active volunteer." A volunteer for a volunteer fire company or nonprofit emergency medical services agency who has complied with the requirements of the volunteer service credit program and who is certified under section 79A23 (relating to certification). "Commissioner." The State Fire Commissioner of the Commonwealth. "Earned income tax." A tax on earned income and net profits levied under Chapter 3 of the Local Tax Enabling Act. "Governing body." A governing body of a county, city council, borough council, incorporated town council, board of township commissioners, board of township supervisors, governing body of a school district, governing council of a home rule municipality or optional plan municipality or a governing council of any similar purpose government which may be created by statute after the effective date of this section and which has adopted a tax credit under this chapter. "Individual." A volunteer. "Local Tax Enabling Act." The act of December 31, 1965 (P.L.1257, No.511), known as The Local Tax Enabling Act. "Municipality." Any county, city, borough, incorporated town, township, home rule municipality, optional plan municipality, optional charter municipality, similar general purpose unit of government which may be created or authorized by statute or any school district. "Nonprofit emergency medical services agency." An emergency medical services agency as defined in section 8103 (relating to definitions) and chartered as a nonprofit corporation. "Tax credit." The tax credit granted under section 79A11 (relating to program authorization) or 79A13 (relating to real property tax credit). "Volunteer." A member of a volunteer fire company or a nonprofit emergency medical services agency. "Volunteer fire company." A nonprofit chartered corporation, association or organization located in this Commonwealth that provides fire protection services and may offer other voluntary emergency services within this Commonwealth. "Volunteer service credit program." The program established under section 79A21 (relating to volunteer service credit program) to determine the active status of a volunteer. (Oct. 29, 2020, P.L.739, No.91, eff. 60 days) 2020 Amendment. Act 91 amended the defs. of "governing body" and "municipality."

35 Pa.C.S. § 79A11 Program authorization.

(a) Establishment.--A municipality that levies an earned income tax may establish by ordinance or resolution a tax credit against an individual's liability imposed under Chapter 3 of the Local Tax Enabling Act for active service as a volunteer. (b) Amount.--A municipality shall set forth in the ordinance or resolution the total amount of the tax credit that will be offered to an individual. If an individual's earned income tax liability is less than the amount of the tax credit offered, the individual's tax credit must equal the individual's tax liability. (c) Public notice.--At least 30 days prior to adoption of the ordinance or resolution, the governing body shall give public notice of its intent to adopt an ordinance or resolution to establish a tax credit and conduct at least one public hearing on the issue. (d) Specific notice.--A municipality that establishes a tax credit under this chapter shall notify the commissioner in the manner prescribed by the commissioner. (Oct. 29, 2020, P.L.739, No.91, eff. 60 days) 2020 Amendment. Act 91 amended subsecs. (a) and (b). Cross References. Section 79A11 is referred to in section 79A03 of this title.

35 Pa.C.S. § 79A12 Claim.

(a) Eligibility.--An individual who satisfies all of the following criteria may claim a tax credit established under this chapter: (1) The individual is subject to a tax of a municipality that has established a tax credit under this chapter. (2) The individual is certified under section 79A23 (relating to certification). (b) Return.--An active volunteer may claim a tax credit provided for under this chapter when filing a joint return. The tax return form shall provide a mechanism for separating the liability of an individual for any earned income tax imposed by the school district of residence from the liability of an individual for any earned income tax imposed by the municipality.

35 Pa.C.S. § 79A13 Real property tax credit.

The governing body of a municipality may provide, by ordinance or resolution, for a tax credit against real property tax to be granted to an active volunteer. The tax credit shall apply to tax levied on residential real property owned and occupied by an active volunteer who is certified under section 79A23 (relating to certification). The amount of the tax credit authorized by an ordinance or resolution may not exceed 100% of the tax liability of the active volunteer. (Oct. 29, 2020, P.L.739, No.91, eff. 60 days) Cross References. Section 79A13 is referred to in section 79A03 of this title.

35 Pa.C.S. § 79A14 Limitations.

A tax credit established under this chapter may be used against the active volunteer's tax liability for the current taxable year and every year thereafter. The tax credit established under this chapter shall remain in effect until the governing body of the municipality repeals the tax credit.

35 Pa.C.S. § 79A21 Volunteer service credit program.

(a) Establishment.--The governing body may establish a volunteer service credit program that establishes the annual requirements for the certification of a volunteer in active service at a volunteer fire company or a nonprofit emergency medical services agency. (b) Activities.--The volunteer service credit program shall consider the following activities in determining credit toward a certification of active service: (1) The number of emergency calls to which a volunteer responds. (2) The level of training and participation in formal training and drills for a volunteer. (3) The total amount of time expended by a volunteer on administrative and other support services, including fundraising and facility or equipment maintenance. (4) The involvement in other events or projects that aid the financial viability, emergency response or operational readiness of a volunteer fire company or a nonprofit emergency medical services agency. (c) Guidelines.--The governing body shall, with the advice of the chief of a volunteer fire company and the supervisor or chief of a nonprofit emergency medical services agency or their designees, adopt guidelines, including forms and applications, necessary to implement this section. (d) Eligibility list.--A notarized list of eligible active volunteers shall be submitted to the governing body, no later than 45 days before tax notices are to be distributed, by the following: (1) The chief of a volunteer fire company, where applicable. (2) The supervisor or chief of a nonprofit emergency medical services agency, where applicable. Cross References. Section 79A21 is referred to in section 79A03 of this title.

35 Pa.C.S. § 79A22 Service record.

(a) Log.--The chief of a volunteer fire company or the supervisor or chief of a nonprofit emergency medical services agency or their designees shall establish and maintain a service log that documents the activities of each volunteer that qualify for credit toward active service under the volunteer service credit program and the calculation of the total credits earned for each volunteer in the volunteer fire company or nonprofit emergency medical services agency. (b) Review.--Service logs established and maintained by volunteer fire companies or nonprofit emergency medical services agencies shall be subject to periodic review by the commissioner, the Auditor General, the governing body where the volunteer fire company or nonprofit emergency medical services agency is located and the governing body where the volunteer fire company or nonprofit emergency medical services agency provides services.

35 Pa.C.S. § 79A23 Certification.

(a) Self-certification.--The active volunteer shall sign and submit an application for certification to the chief of the volunteer fire company or the supervisor or chief of the nonprofit emergency medical services agency where the volunteer serves. (b) Injured volunteer.--An active volunteer who was injured during a response to an emergency call and can no longer serve as an active volunteer because of the injury and who would otherwise be eligible for a tax credit shall be eligible for the tax credit for the succeeding five tax years. (c) Local sign-off.--The chief and another officer of the volunteer fire company and the supervisor or chief and another officer of the nonprofit emergency medical services agency shall sign the application attesting to the individual's status as an active volunteer or that the individual can no longer serve as an active volunteer due to injury. The application shall then be forwarded to the municipality, as appropriate, for final review and processing. Cross References. Section 79A23 is referred to in sections 79A03, 79A12, 79A13 of this title.

35 Pa.C.S. § 79A24 Rejection and appeal.

(a) General rule.--A governing body that establishes a tax credit under this chapter shall adopt, by ordinance or resolution, a process for rejecting a claim by an active volunteer who does not satisfy all of the criteria established under this chapter for each type of tax credit provided under this chapter. (b) Appeal.--An active volunteer shall have the right to appeal a claim that has been rejected by a governing body. The governing body shall establish, by ordinance or resolution, the procedure by which a rejected claim can be appealed. (Oct. 29, 2020, P.L.739, No.91, eff. 60 days; Nov. 3, 2022, P.L.1674, No.104, eff. imd.) 2022 Amendment. Act 104 amended subsec. (a). 2020 Amendment. Act 91 amended subsec. (b). Cross References. Section 79A24 is referred to in section 79A32 of this title.

35 Pa.C.S. § 79A31 Penalties for false reporting.

The following shall apply: (1) Any person who knowingly makes or conspires to make a false service record report under this chapter commits a misdemeanor of the first degree punishable by a fine of $2,500. (2) Any person who knowingly provides or conspires to provide false information that is used to compile a service record report under this chapter commits a misdemeanor of the first degree punishable by a fine of $2,500.

35 Pa.C.S. § 79A32 Intergovernmental cooperation.

A council of governments, consortium or other similar entity of which the municipality is a member may provide for the joint creation and administration of a volunteer service credit program and tax credits adopted by its members. A governing body may, by ordinance or resolution, delegate to the entity its powers and duties under Subchapter C (relating to volunteer service credit), including the process of rejecting and appealing claims under section 79A24 (relating to rejection and appeal). (Oct. 29, 2020, P.L.739, No.91, eff. 60 days) 2020 Amendment. Act 91 added section 79A32.

35 Pa.C.S. § 79A33 Duties of State Fire Commissioner.

The State Fire Commissioner shall: (1) Establish guidelines for municipalities, volunteer fire companies and nonprofit EMS agencies regarding the tax credit and post the guidelines online. (2) Require municipalities and entities under this section to notify the State Fire Commissioner of the adoption of a tax credit. (3) Provide an annual report on the tax credit authorized under this chapter to the chairperson and minority chairperson of the Veterans Affairs and Emergency Preparedness Committee of the Senate and the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives which shall include: (i) Each municipality that provides the tax credit. (ii) The amount of the tax credit. (Oct. 29, 2020, P.L.739, No.91, eff. 60 days) 2020 Amendment. Act 91 added section 79A33.

35 Pa.C.S. § 79B01 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Active volunteer." A volunteer for a volunteer organization who satisfies the eligibility criteria under section 79B12(a) (relating to eligibility), receives a certificate of eligibility and complies with the requirements of the program. "Agency." The Pennsylvania Higher Education Assistance Agency. "Approved institution of higher learning." An educational institution offering a postsecondary program of education located in this Commonwealth and approved by the agency. "Approved program of education." A degree-granting or certificate-granting curriculum, course of study or training program required for entrance into a specific career to be pursued on a full-time or part-time basis or its equivalent as determined by the agency, at an approved institution of higher learning. "Certificate of eligibility." A certificate issued by the agency under section 79B12(b) that certifies that an active volunteer satisfies the eligibility criteria under section 79B12(a). "Emergency medical services agency." As defined in section 8103 (relating to definitions). "Fund." The Active Volunteer Tuition and Loan Assistance Program Fund established under section 79B21(a) (relating to Active Volunteer Tuition and Loan Assistance Program Fund). "Program." The Active Volunteer Tuition and Loan Assistance Program established under section 79B11 (relating to establishment). "Qualified applicant." An active volunteer who qualifies for tuition or loan assistance under Subchapter B (relating to Active Volunteer Tuition and Loan Assistance Program). "Tuition or loan assistance." Reimbursement provided by the agency for tuition or loans under the program or in a form of loan forgiveness. "Volunteer fire company." A nonprofit chartered corporation, association or organization located in this Commonwealth that provides fire protection services and may offer other voluntary emergency services within this Commonwealth. "Volunteer organization." A volunteer fire company or emergency medical services agency.

35 Pa.C.S. § 79B11 Establishment.

The Active Volunteer Tuition and Loan Assistance Program is established within the agency to provide tuition or loan assistance to active volunteers with volunteer organizations who are students at approved institutions of higher learning. Cross References. Section 79B11 is referred to in section 79B01 of this title.

35 Pa.C.S. § 79B12 Eligibility.

(a) Criteria.--Upon submitting an application to participate in the program in accordance with the agency's regulations, rules or guidelines under section 79B22 (relating to regulations), an individual shall be eligible to receive tuition or loan assistance if the individual satisfies all of the following eligibility criteria: (1) Is a resident of this Commonwealth. (2) Is an active volunteer. (3) Has participated in not less than 30% or, if the individual was enrolled as a student in a high school or in an approved program of education at an approved institution of higher learning within the one-year period before the individual submitted an application to the agency for tuition or loan assistance, not less than 15% of a volunteer organization's activities within the one-year period before the individual submitted an application to the agency for tuition or loan assistance. The activities may include, but not be limited to, training, drills, emergency response calls, administrative and operational support, fundraising or other events and projects that aid the financial viability of the volunteer organization. (4) Has enrolled as a student in an approved program of education at an approved institution of higher learning after the effective date of this section. (5) Accepts an obligation to serve as an active volunteer with a volunteer organization for at least one year prior to enrolling in an approved program of education and at least five years after completing an approved program of education. (6) Has signed a promissory note obligating the individual to repay the full amount of tuition or loan assistance received by the individual if the individual fails to satisfy the requirements under the program. (7) Is in good standing with the volunteer organization for which the individual is an active volunteer. (b) Certificate.--The agency shall issue a certificate of eligibility to an individual who satisfies the eligibility criteria under subsection (a). Cross References. Section 79B12 is referred to in section 79B01 of this title.

35 Pa.C.S. § 79B13 Tuition or loan assistance.

From money appropriated for the program, tuition or loan assistance shall be provided to eligible students to pursue approved programs of education on or after the effective date of this section.

35 Pa.C.S. § 79B14 Promissory note.

Before participating in the program, an individual must sign a promissory note obligating the individual to repay the full amount of the tuition or loan assistance received by the individual if the individual fails to satisfy the requirements under the program as specified under section 79B17 (relating to recoupment of tuition or loan assistance payments). Cross References. Section 79B14 is referred to in section 79B17 of this title.

35 Pa.C.S. § 79B15 Amount of tuition or loan payments.

(a) Full-time students.--Payments of tuition or loan assistance to a full-time student shall be $1,000 per academic year. (b) Part-time students.--Payments of tuition or loan assistance to a part-time student shall not exceed $500 for an academic year. (c) First come, first served.--Tuition or loan assistance shall be granted on a first-come, first-served basis.

35 Pa.C.S. § 79B16 Limitation on tuition or loan assistance.

An eligible student may not receive tuition or loan assistance for a total of more than five academic years or an equivalent amount of time as determined by the agency. Tuition or loan assistance must be used within seven years of graduation.

35 Pa.C.S. § 79B17 Recoupment of tuition or loan assistance payments.

(a) Noncompliance.--An individual who fails to satisfy the requirements under the program shall be liable to the Commonwealth for the full amount of tuition or loan assistance received by the individual, unless the failure and inability to do so is a result of an injury while responding to an emergency as an active volunteer that prevents the individual from complying with the requirements under the program. The promissory note under section 79B14 (relating to promissory note) shall be repaid by the individual upon demand by the agency on a schedule as the agency may determine. (b) Notice.--A volunteer organization shall notify the agency if an active volunteer fails to satisfy the volunteer requirements under the program. Cross References. Section 79B17 is referred to in section 79B14 of this title.

35 Pa.C.S. § 79B18 Service records.

(a) Logs.--For the purpose of ensuring compliance with the requirements under the program, the chief of a volunteer fire company or the supervisor or chief of an emergency medical services agency or their designees shall establish and maintain a service log that documents the services provided by an active volunteer participating in the program, including a calculation of the amount of time the active volunteer conducts activities with the volunteer organization. (b) Review.--Service logs under subsection (a) shall be subject to periodic review by the agency and the Department of the Auditor General for the purpose of ensuring compliance with the requirements under this subchapter.

35 Pa.C.S. § 79B19 Verification of active volunteer status.

(a) Self-certification.--An individual shall sign and submit an application to the chief of a volunteer fire company or the supervisor or chief of the emergency medical services agency to attest that the individual is an active volunteer. (b) Injured volunteer.--Notwithstanding the volunteer requirements under the program, an individual who was injured while responding to an emergency as an active volunteer who can no longer serve as an active volunteer because of the injury and who would otherwise be eligible for the program shall be eligible to participate in the program for five years from the date of the injury if able to do so or under subsection (a) or (b), as appropriate. (c) Local sign-off.--The chief and another officer of the volunteer fire company and the supervisor or chief and another officer of the emergency medical services agency shall sign the application attesting that the individual is an active volunteer under subsection (a) or that the individual can no longer serve as an active volunteer due to injury under subsection (b). The application shall then be forwarded to the agency for final review and processing.

35 Pa.C.S. § 79B20 Administrative costs.

The administrative costs of the program for the fiscal year beginning July 1, 2022, and each fiscal year thereafter shall not exceed 3.5% of the total amount of money appropriated to the agency to implement the program.

35 Pa.C.S. § 79B21 Active Volunteer Tuition and Loan Assistance Program Fund.

(a) Establishment.--The Active Volunteer Tuition and Loan Assistance Program Fund is established as a nonlapsing restricted receipts account in the State Treasury in accordance with the money transferred under 3 Pa.C.S. § 1113(a)(3) (relating to disposition of certain funds). (b) Appropriation.--Money deposited or transferred into the fund, including any accrued interest, is appropriated to the agency on a continuing basis to implement the program. (c) Administrative actions.--An administrative action may not prevent the deposit or transfer of money into the fund. (d) Use.--Money in the fund may only be used to implement the program. Money in the fund may not be diverted for any other purpose by administrative action. Cross References. Section 79B21 is referred to in section 79B01 of this title.

35 Pa.C.S. § 79B22 Regulations.

The agency shall promulgate regulations and establish rules or guidelines to administer this subchapter. Cross References. Section 79B22 is referred to in section 79B12 of this title.

35 Pa.C.S. § 79C11 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Award." The Keystone First Responder Award awarded under this subchapter. "Emergency medical services provider." As defined in section 8103 (relating to definitions). "First responder." Any of the following: (1) An emergency medical services provider, firefighter or member of a rescue company. (2) A peace officer. (3) A 911 dispatcher. (4) A coroner or medical examiner who responds in an official capacity to an emergency. (5) A corrections officer. (6) A Federal law enforcement officer. (7) A county or local emergency management coordinator. "In the line of duty." The term includes the time spent at the scene of and travel to and from a bona fide emergency or, in the case of a 911 dispatcher, suffering a fatal heart attack or stroke while on duty or not later than 24 hours after participating in any job-required training or exercise or performing dispatching duties in response to a 911 emergency call is presumed to have died as a result of the performance of his duties for purposes of this act. "Peace officer." As defined in 18 Pa.C.S. § 501 (relating to definitions).

35 Pa.C.S. § 79C12 Keystone First Responder Award.

(a) Composition.--The award shall consist of a plaque and a medal. (b) Presentation.--The Governor or the Governor's designee shall present an award to a first responder approved by the committee or surviving next of kin during a public ceremony held on, or as near as practicable to, September 27 of each year. (c) Committee.--The award shall be administered by a committee in accordance with the following: (1) The committee shall consist of: (i) The State Fire Commissioner. (ii) The Director of the Pennsylvania Emergency Management Agency. (iii) The Director of the Bureau of Emergency Medical Services within the Department of Health. (iv) The Secretary of General Services. (v) The Commissioner of Pennsylvania State Police. (vi) The Pennsylvania State Lodge of the Fraternal Order of Police. (vii) The President of the Pennsylvania Chiefs of Police Association. (viii) The Director of the Pennsylvania National Emergency Number Association. (ix) The Director of the Pennsylvania State Coroners Association. (x) The President of the Pennsylvania State Corrections Officers Association. (2) The committee shall choose a chairperson from its members. (3) The committee shall develop criteria for the award in accordance with this subchapter. The committee shall consider the receipt of any benefits from a Federal or State program as evidence of qualification to receive an award. (d) Choice of recipients.--The committee shall provide a list of potential recipients, and the Governor shall choose the recipients of the award for each year. Cross References. Section 79C12 is referred to in section 79C13 of this title.

35 Pa.C.S. § 79C13 Recipients.

(a) Recipient.--An award may be awarded to any of the following: (1) A first responder who suffers a career-ending injury in the line of duty. (2) The surviving next of kin of a first responder who is killed or sustains a fatal injury in the line of duty. (3) A Federal law enforcement officer who suffers a career-ending injury in the line of duty assisting a State or local law enforcement agency in this Commonwealth. (4) The surviving next of kin of a Federal law enforcement officer who sustains a fatal injury while assisting a State or local law enforcement agency in this Commonwealth. (b) Submission of information to committee.--The head or executive officer of an entity or agency that a first responder was a member or employee of may submit to the committee in writing the name and a description of an individual under the following categories: (1) A first responder who was killed or suffered a career-ending injury in the line of duty. (2) A Federal law enforcement officer who was killed or suffered a career-ending injury assisting a State or local law enforcement agency in this Commonwealth. (c) Rules and guidelines.-- (1) The committee shall establish rules and guidelines for its operations, for the execution of this subchapter and for the submission of information and criteria for eligibility under subsection (b). (2) The committee shall issue a rule for awards issued in 2024 that permits the consideration of first responders or Federal law enforcement officers under subsection (a) who were injured or killed in the line of duty on or subsequent to three years prior to the effective date of this section. (d) Construction.-- (1) Nothing under this subchapter shall be construed to apply to: (i) The act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act. (ii) The act of June 28, 1935 (P.L.477, No.193), referred to as the Enforcement Officer Disability Benefits Law (Heart and Lung Act). (iii) The act of June 24, 1976 (P.L.424, No.101), referred to as the Emergency and Law Enforcement Personnel Death Benefits Act. (iv) Any other determination of benefits. (2) Receipt of any benefit from a statute listed in paragraph (1) may be used by the committee for the purposes of section 79C12(c)(3) (relating to Keystone First Responder Award). (e) Purpose of award.--The award shall only be for recognition purposes. (f) First awards.--Awards issued under this chapter shall be issued no sooner than January 1, 2024.

35 Pa.C.S. § 7901 Short title of chapter.

This chapter shall be known and may be cited as the Disaster Emergency Assistance Act.

35 Pa.C.S. § 7902 Legislative purpose.

It is the purpose of this chapter to create a program to provide assistance to political subdivisions and municipal authorities directly affected by natural and man-made disasters. Assistance will be limited to grants for projects that do not qualify for Federal assistance to help repair damages to public facilities. Grants will be made available by the agency in a disaster emergency area only when a Presidential disaster declaration is not covering the area.

35 Pa.C.S. § 7903 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Adjusted loss." The difference between: (1) eligible loss; and (2) covered loss. "Agency." The Pennsylvania Emergency Management Agency. "Covered loss." An amount received by or due the recipient from private insurance and Federal grants and loans, including applicable State matching funds, related to an eligible loss. The term does not include an insurance deductible paid by the recipient. "Disaster emergency area." An area included under a declaration of disaster emergency issued by the Governor under section 7301 (relating to general authority of Governor). "Eligible loss." Damage to a public facility caused by a natural or man-made disaster in a disaster emergency area. "Man-made disaster." Any industrial, nuclear or transportation accident, explosion, conflagration, power failure, natural resource shortage or other condition, except enemy action, resulting from man-made causes, including oil spills and other environmental contamination, which threatens or causes substantial damage to property, individuals, loss of life or other hardships. "Natural disaster." Any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, landslide, mudslide, snowstorm, drought, fire, explosion or other catastrophe not resulting from a man-made cause which threatens or causes substantial damage to property or individuals, possible loss of life or other hardships. "Program." The Public Disaster Assistance Grant Program established under Subchapter B (relating to Public Disaster Assistance Grant Program). "Public facility." Any facility which is owned, operated or maintained by a political subdivision or municipal authority of this Commonwealth. The term shall include: (1) buildings and equipment; (2) bridges, roads, highways and public ways; (3) parks and recreational facilities; (4) power generation and distribution facilities, including natural gas systems, wind turbines, generators, substations and power lines; (5) sanitary sewer systems and wastewater treatment facilities; (6) drainage and flood control facilities; (7) water treatment, water storage and water distribution facilities; and (8) any other improvement or infrastructure.

35 Pa.C.S. § 7904 Construction.

Grants shall be made to political subdivisions or municipal authorities in a disaster emergency area for which no Presidential disaster declaration has been issued.

35 Pa.C.S. § 7921 Establishment.

The Public Disaster Assistance Grant Program is established within the agency to provide grants to political subdivisions and municipal authorities for assistance with repair of disaster-related damage in a disaster emergency area when the damages to public facilities are beyond the financial capabilities of the political subdivision or authority.

35 Pa.C.S. § 7922 Eligibility.

To be eligible for a grant under this subchapter, a political subdivision or municipal authority must suffer eligible loss which is not covered by insurance.

35 Pa.C.S. § 7923 Application for and issuance of grant.

(a) Application.--The procedure for applying for a grant under this subchapter shall be as follows: (1) A political subdivision or municipal authority must apply for a grant on a form furnished by the agency, setting forth the facts establishing eligibility and certifying that if approved all funds received will be used for purposes approved by the agency. An application under this paragraph is subject to 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). The application must be submitted within 60 days following the declaration of a disaster emergency. (2) The agency shall investigate the application to determine eligibility. (3) Within 30 days of receipt of the application, the agency shall make an eligibility determination. An eligibility determination under this paragraph is a final order of the agency subject to review under 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action). (b) Issuance.--For each political subdivision or municipal authority determined to be eligible under subsection (a)(3), the agency shall verify the adjusted loss. The maximum grant allowed under the program is 50% of the adjusted loss.

35 Pa.C.S. § 7924 Grant funds.

Grants under this subchapter shall be made from funds appropriated by the General Assembly for the program and from other Federal or State funds the agency may receive for the program. The agency may use up to 3% of available program funds for the administration of the program.

35 Pa.C.S. § 7925 Use of grant funds.

Grant funds issued under the program may be used to assist in the repair or replacement of public facilities due to disaster-related damages. Funds may also be used for disaster-related debris removal or to demolish a public facility if the facility was made unsafe by the disaster.

35 Pa.C.S. § 7926 Limitations.

No grant under this subchapter shall be for an amount in excess of 25% of available program funds. If the amount of approved grant applications exceeds available program funds, grants shall be awarded on a pro rata basis.

35 Pa.C.S. § 7931 Powers and duties of agency.

The agency shall have the following duties and responsibilities: (1) Administer this chapter. (2) Promulgate any regulations necessary to implement and administer this chapter which include: (i) Development of additional procedures or requirements for the submission of grant applications. (ii) Development of procedures to verify adjusted loss. (iii) Development of criteria for the determination of the amount of assistance to be given to a political subdivision or municipal authority. (iv) Development of a methodology to prioritize projects based on the potential impact to the health and safety of the citizens of the affected community.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=35Fetched: 10/16/2026