Bill Text: PA HB774 | 2009-2010 | Regular Session | Introduced

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

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-03-06 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [HB774 Detail]

Download: Pennsylvania-2009-HB774-Introduced.html

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PRINTER'S NO. 864
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 774 Session of2009
INTRODUCED BY CALTAGIRONE, CLYMER, DeWEESE, EVERETT, FAIRCHILD, FREEMAN, GEIST, GEORGE, GIBBONS, GOODMAN, HENNESSEY, KILLION, KORTZ, MAJOR, O'NEILL, PAYNE, PETRI, READSHAW, SCAVELLO, SIPTROTH, VULAKOVICH, WALKO AND YOUNGBLOOD, MARCH 6, 2009
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 6, 2009
AN ACT
Providing for the acquisition of property by local government
units to mitigate flood hazards.
TABLE OF CONTENTS
Section 1. Short title.
Section 2. 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 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 30. 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. Legislative intent.
The purpose of this act is to reduce future risk of flood
damages, while promoting the goals of preserving land for storm
water management, open space, recreational, wetland and related
purposes, by providing a means by which 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
the regulations appertaining thereto.
"Hazard Mitigation Grant Program." The Federal program under
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
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 purpose 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 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 storm water management, open space,
recreational or wetland management practices, including parks
for outdoor recreational activities, nature reserves,
cultivation, grazing, camping, storm water management control
devices, buffer zones and other uses consistent with the use
restrictions of the Hazard Mitigation Grant Program and the
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Flood Mitigation Assistance Program.
Section 4. Acquiring property interests to mitigate flood
hazards.
(a) Authorization.--
(1) 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 local government unit acquire
the property in fee simple, the local government unit shall be
required to acquire the property in fee simple.
Section 7. Local taxing options.
(a) General rule.--To provide revenue to make acquisitions
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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.
(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.
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(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.--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. The local government unit shall also 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
school district within which the real property is located a
copy, certificated by the county recorder of deeds, of the deed
reflecting the acquisition.
Section 9. Borrowing and acquisitions on installment basis.
(a) Authority to incur debt.--
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(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 subject
to restrictions and limitations imposed by Federal and State
law.
Section 11. Assessment.
Any interest in property acquired by a local government unit
under this act shall be held for public purposes and be exempt
from taxation. The assessment of private 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
local government unit.
Section 12. Termination or disposition of property interests.
Property interests acquired under this act may be terminated
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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 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
local government unit, after public hearing, shall approve the
acquisition.
(b) Notice of the public hearing.--
(1) Notice of public hearing required under 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
to the hearing in a newspaper of general circulation in the
area where the property is located. In addition, a 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 a local government unit owns an interest in
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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 local government unit.
Section 14. Construction.
The authority granted to the local government units under
this act shall be in addition to and not in limitation of any
other authority heretofore or hereafter granted to 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
local government units.
Section 30. Effective date.
This act shall take effect immediately.
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