Disposition and use of proceeds

Act 4 of 1996 (Sp. Sess. 2), § 3, under BLIZZARD AND FLOOD EMERGENCY OF 1996 - OMNIBUS AMENDMENTS.

Act 4 of 1996 (Sp. Sess. 2), § 3

Section 3. Disposition and use of proceeds.

(a) Deposit.--The proceeds from the sale of bonds and notes, except refunding bonds and replacement notes, issued pursuant to the provisions of this act shall be paid to the State Treasurer and be held in a separate fund to be known as the Disaster Relief Fund.

(b) Dedication of funds.--The moneys in the Disaster Relief Fund are hereby specifically dedicated to meeting the costs of the rehabilitation of areas affected by the blizzard of January 1996 or the resulting flood emergency, including, but not limited to, public assistance and disaster mitigation as defined in or authorized by The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, 88 Stat. 143) and paying the costs and expenses of issuing bonds and notes.

(c) Interest earnings.--Pending their application to the purposes authorized, moneys held or deposited by the State Treasurer may be invested and reinvested as are other funds in the custody of the State Treasurer in the manner provided by law. All earnings received from the investment or deposit of such funds shall be paid into the State Treasury to the credit of the Disaster Relief Fund.

(d) Allocation of proceeds.--Subject to the total limit of $110,000,000, the funds authorized to be borrowed by section 1 shall be allocated as follows:

(1) No more than $105,000,000 of the funds authorized to

be borrowed under this act shall be used to provide for the

State's share of all public assistance costs, including costs

for highways and bridges, except State-designated highways

and bridges, and disaster mitigation costs provided by the

Federal Government under The Robert T. Stafford Disaster

Relief and Emergency Assistance Act (Public Law 93-288, 88

Stat. 143).

(2) (i) No more than 5% of the funds borrowed under

this act shall be used for the cost of the following

projects pursuant to the disaster proclamation:

(A) Public assistance projects for the

rehabilitation, construction, reconstruction, repair,

other than normal maintenance, or the replacement of

any public facility of a political subdivision in

counties declared as disaster areas which are not

funded by the Federal Government or which are funded

by the Federal Government at a level insufficient to

meet current codes and standards.

(B) Public assistance projects for the

rehabilitation, construction, reconstruction, repair,

other than normal maintenance, or the replacement of

any nonprofit facility owned and operated by a

nonprofit organization in counties declared as

disaster areas which are not funded by the Federal

Government or which are funded at a level

insufficient to meet current codes and standards.

(C) Public assistance projects for the

rehabilitation, construction, reconstruction, repair,

other than normal maintenance, or the replacement of

a public facility or nonprofit facility in counties

not declared as disaster areas by the Federal

Government.

(D) Hazard mitigation projects in counties not

declared as disaster areas by the Federal Government.

(ii) If the funding for projects under this

paragraph is insufficient to provide assistance for all

eligible projects, the Commonwealth shall prioritize

projects by considering the following factors:

(A) The severity of disaster-related damages to

be rectified by the project.

(B) Whether the project will improve the health,

safety and welfare of the affected population.

(C) Whether the project will lead to an

effective solution to the problem to be addressed.

(D) The consistency of the project with other

State and regional resource management and economic

development plans.

(E) The financial condition of the applicant,

including revenues, expenses, debt structure, equity

position and available collateral.

(F) The economic and financial condition of the

community to be served, including the tax base,

annual budget and percentage of low-income and

moderate-income residents.

(G) The inability of the applicant to secure

funding from other sources.

(iii) Any remaining funds under this paragraph shall

be transferred to the Pennsylvania Infrastructure

Investment Authority established under the act of March

1, 1988 (P.L.82, No.16), known as the Pennsylvania

Infrastructure Investment Authority Act, to provide funds

for authority projects which were damaged by the blizzard

of January 1996 or the resulting flood emergency.

(iv) No project shall receive more than $100,000 of

the total funds available under this paragraph, except as

defined in section 14(b)(2).

(v) No project shall be funded under subparagraph

(i)(A) or (B) unless the Commonwealth determines that

there was an adequate appeal of the denial of Federal

funding or of the inadequate level of Federal funding.

(e) Transfer of unused funds.--Moneys in the Disaster Relief Fund not necessary to pay unexpired contracts or to pay potential legal obligations shall be transferred by the State Treasurer, with the approval of the Governor, to the Disaster Relief Redemption Fund and shall be used to pay debt service on the existing disaster relief bonds.