Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 5598 (August 31, 2024).

4 Pa. Code § 112.5. Procedures.

§ 112.5. Procedures.

 (a)  The following system is established for the disbursement of funds appropriated as the result of a Gubernatorial Proclamation of Disaster Emergency:

   (1)  The executive agency for each segment of the program, that is, Pennsylvania Department of Transportation, for clearing roadways and the Department of Environmental Protection for water systems, will make determinations and disbursements of eligible reimbursement costs under these procedures.

   (2)  When the Governor issues a Proclamation of Disaster Emergency and proclaims funds available, those political subdivisions within the designated extreme emergency area will be notified by the Department of Transportation or the Department of Environmental Protection or both that funds have been allocated for reimbursement assistance.

   (3)  A claim-application must be submitted to the appropriate Commonwealth agency, the Department of Transportation or the Department of Environmental Protection, within 60 days after the termination of the Gubernatorial Proclamation. The application must include the value of the claim.

   (4)  Application forms will be available from the responsible agency, the Department of Transportation, Bureau of Municipal Services, or the Department of Environmental Protection, Office of Environmental Protection.

   (5)  Within 90 days after the termination of the proclamation the Department of Transportation or the Department of Environmental Protection or both will provide the Pennsylvania Emergency Management Agency the total cost of damage claimed.

   (6)  The Pennsylvania Emergency Management Agency will determine, from the amount of reimbursement money made available by the Governor, and the total emergency related costs, the amount of such costs which may be reimbursed. Based upon this determination the Pennsylvania Emergency Management Agency will indicate to the Office of Budget the amount of the available reimbursement funds which should be allotted to the Department of Transportation and the Department of Environmental Protection.

   (7)  The Department of Transportation will determine the total mileage on the local highway system within the political subdivision. The Department of Transportation will then make a pro rata calculation by political subdivision of the funds to be made available. These funds will be distributed based on the percentage of each political subdivision’s local mileage to the total local mileage of all affected political subdivisions. The sole criteria for eligibility to receive reimbursement for clearing roadways shall be that the actual emergency related roadway clearance costs exceeded that particular activity’s current year’s total budgeted amount from all sources by 25% and that no net claim of less than $100 will be considered.

   (8)  Priorities for the allocation of funds by the Department of Environmental Protection for water systems will be determined by the following criteria:

     (i)   Severity and extent of disruption of water service in relationship to size of water supply.

     (ii)   Severity of public health hazard.

     (iii)   Relationship of the cost of correcting work to the annual revenue.

   (9)  Reimbursements shall not be made if the Commonwealth, a political subdivision or a municipal authority are eligible for assistance from the Federal government.

 (b)  Funds will be administered as follows:

   (1)  At the close of the fiscal year in which a disaster emergency occurred, a Certificate of Eligibility shall be completed and filed by the local elected or appointed auditors.

   (2)  Thirty days after the end of the fiscal year, the Department of Transportation and the Department of Environmental Protection will submit to the Pennsylvania Emergency Management Agency and the Governor’s Office of the Budget a complete accounting of all funds disbursed under this program chargeable to that fiscal year.

Cross References

   This section cited in 4 Pa. Code §  112.1 (relating to scope); and 4 Pa. Code §  112.4 (relating to responsibilities).



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