Pennsylvania SB 419: An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in miscellaneous provisions relating to public safety, establishing the Train Derailment Emergency Grant Program and Train Derailment Emergency Grant Fund.

Bill Text

PRINTER'S NO. 353
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 419
Session of
2025
INTRODUCED BY MASTRIANO AND VOGEL, MARCH 10, 2025
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
MARCH 10, 2025
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in miscellaneous provisions relating
to public safety, establishing the Train Derailment Emergency
Grant Program and Train Derailment Emergency Grant Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 5904. Train Derailment Emergency Grant Program.
(a) Establishment of program. --The Train Derailment
Emergency Grant Program is established to provide grants to
eligible persons.
(b) Administration.--
(1) The agency shall administer the program.
(2) The agency shall establish a grant application and
evaluation process. The agency shall provide notice of the
application process on the agency's publicly accessible
Internet website.
(3) The agency may contract with a third party to
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administer the program.
(c) Expenses.--The agency may expend not more than 2% of the
money in the fund for costs incurred in the administration of
the program. Except if an expiration date is enacted for this
section, the agency may n ot establish a deadline for submission
of applications.
(d) Grants.--
(1) A grant may be awarded for any of the following
which were a direct result of the train derailment:
(i) Medical expenses.
(ii) Loss of income and value of a small business.
(iii) Loss of real or personal property value of a
small business.
(iv) Expenses of a small business.
(v) Loss of re al property value of a homeowner.
(vi) Expenses related to repair, cleaning and
decontami nation of real property of a homeowner and any
other related expense, as reasonably determined by a
homeowner.
(vii) Relocation expenses, including travel, food
and housing for individuals who do any of the following:
(A) Permanently move out of the disaster zone.
(B) Temporarily relocate during or after the
evacuation period as determined by the individual to
be necessary because of the disaster without
limitation as to the area of the disaster zone if the
individual has a personal reason to believe they need
to relocate from the disaster area.
(2) If an eligible person knowingly submits a grant
application with materially false information, the eligible
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person shall repay the amount of the grant to the agency,
including interest of 8%.
(3) The agency shall review completed applications and
award pro rata grants to persons deemed eligible. If a grant
award is denied in whole or in part, the agency shall provide
the applicant with the reason for the full or partial denial.
(e) Award.--An application may be filed at any time but may
not include an award for expenses or losses occurring prior to
February 3, 2023.
(f) Establishment of fund. --The Train Derailment Emergency
Grant Fund is established as a fund within the State Treasury.
The use of money in the fund is restricted to the purposes under
this section. The money i n the fund is appropriated on a
continuing basis to the agency for the purposes stated under
this section.
(g) Sources of funding.--Sources of the fund may be any of
the following:
(1) Money appropriated for purposes of the program.
(2) Federal money appropriated or authorized for
purposes of the program.
(3) Money received from another governmental agency
through an interagency agreement or memorandum of
understanding.
(4) A gift or other contribution from a public or
private source.
(5) Monetary damages and settlements paid to the
Commonwealth from an individual or entity responsible for the
train derailment.
(6) Penalties or fines imposed as a result of the train
derailment.
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(h) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Actual proof." A preponderance of evidence, whether
medical, lab testing results, business records, documentary
material and testimonial, that a reasonable person would
understand to consist of, more likely than not, contamination
evidence.
"Agency." The Pennsylvania Emergency Management Agency.
"Disaster zone." Any of the following:
(1) An area located within this Commonwealth that is
within 15 miles of the site of the derailment of a train at
East Palestine, Ohio, on February 3, 2023.
(2) An area located in this Commonwealth where an
applicant demonstrates actual proof of contamination of a
premises or of a person due to the presence of chemicals
released or burned at the area under paragraph (1) or