Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB589 Latest Draft

Bill / Introduced Version

                             
PRINTER'S NO. 1069 
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL 
No.589 
Session of 
2025 
INTRODUCED BY KINKEAD, GAYDOS, SANCHEZ, KHAN, BENHAM, VENKAT, 
BRENNAN, KUZMA, CEPEDA-FREYTIZ, MALAGARI, FREEMAN, HILL-
EVANS, FLEMING, OTTEN, DEASY, STEELE, GREEN, KENYATTA, 
GUENST, SCHWEYER, PASHINSKI, INGLIS, MATZIE, ABNEY, 
SALISBURY, POWELL, KULIK, MAYES, D. MILLER, MARKOSEK AND 
McANDREW, MARCH 20, 2025 
REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE 
PROTECTION, MARCH 20, 2025 
AN ACT
Establishing the Landslide and Sinkhole Insurance Program and 
the Landslide and Sinkhole Insurance Fund; establishing and 
providing for the powers and duties of the Landslide and 
Sinkhole Insurance Board; providing for duties of the Auditor 
General; imposing a penalty; and making transfers.
TABLE OF CONTENTS
Chapter 1.  Preliminary Provisions
Section 101.  Declarations.
Section 102.  Definitions.
Chapter 3.  Landslide and Sinkhole Insurance Program
Section 301.  Program goals.
Section 302.  Landslide and Sinkhole Insurance Program.
Section 303.  Board authority.
Section 304.  Land-use controls.
Section 305.  Landslide and Sinkhole Insurance Board.
Chapter 5.  Landslide and Sinkhole Insurance Fund
Section 501.  Landslide and Sinkhole Insurance Fund.
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17 Section 502.  Expenses.
Section 503.  State Treasurer custodian of insurance fund.
Section 504.  Schedule of premiums.
Section 505.  Surplus.
Section 506.  Investment of surplus.
Section 507.  Disbursements from insurance fund.
Section 508.  Application for insurance, terms of insurance and 
penalty for false statement.
Section 509.  Application for increase in insurance.
Section 510.  Automatic inflation protection increase.
Section 511.  Insurance for structures under construction.
Section 512.  Claims.
Section 513.  Audit by Auditor General.
Section 514.  Claims against insurance fund.
Section 515.  Defenses against claims, suits, procedure and 
investigations of claims.
Section 516.  Subrogation to rights of claimants.
Section 517.  Insurance companies may cover this type of risk.
Chapter 7.  Administration and Funding
Section 701.  Rules and regulations.
Section 702.  Escrow of premium payments.
Section 703.  Properties in violation of State or local law.
Section 704.  Board report.
Section 705.  Appropriation.
Section 706.  Appeals.
Section 707.  Cost of administration.
Chapter 9.  Miscellaneous Provisions
Section 901.  Effective date.
The General Assembly of the Commonwealth of Pennsylvania 
hereby enacts as follows:
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30 CHAPTER 1
PRELIMINARY PROVISIONS
Section 101.  Declarations.
The General Assembly finds and declares as follows:
(1)  Geologists have studied with increasing concern the 
underground movement of the geological formations in this 
Commonwealth and its impeding effects on vertical and 
horizontal natural and manmade surfaces.
(2)  Landslides and sinkholes have historically been the 
norm throughout most parts of this Commonwealth.
(3)  Landslides and sinkholes occur without regard for 
municipal boundaries, ordinances, planning codes, politics 
and economies, making it difficult for local officials to 
deal effectively with the development and implementation of 
methods and standards to control the devastation that these 
natural forces can cause.
(4)  Landslides and sinkholes have caused an enormous 
amount of damage to homes and roadways in this Commonwealth, 
particularly the southwestern region of the State.
(5)  Landslides and sinkholes will continue to plague 
southwestern Pennsylvania.
(6)  Landslides and sinkholes affect every state in the 
nation, causing an estimated $2,000,000,000 to $4,000,000,000 
in damages per year.
(7)  Landslide and sinkhole damage caused by flooding is 
not covered by the National Flood Insurance Program.
(8)  Problems associated with landslide and sinkhole 
damage are becoming more widespread.
Section 102.  Definitions.
The following words and phrases when used in this act shall 
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30 have the meanings given to them in this section unless the 
context clearly indicates otherwise:
"Board."  The Landslide and Sinkhole Insurance Board 
established under section 305.
"Community."  A political subdivision that has zoning and 
building code jurisdiction over an area having landslide and 
sinkhole features.
"Department."  The Department of Community and Economic 
Development of the Commonwealth .
"GIS."  Geographic information systems.
"Insurance fund."  The Landslide and Sinkhole Insurance Fund 
established under section 501.
"Landslide."  A detached mass of soil, rock, earth or debris 
that moves down a slope and is of sufficient size to cause 
damage.
"Landslide features."  The term includes rockfall areas, 
creep, red beds and historic landslides.
"Program."  The Landslide and Sinkhole Insurance Program 
established under section 302.
"Sinkhole."  A closed topographic depression or basin, 
generally draining underground, including a doline, uvala, blind 
valley or sink.
CHAPTER 3
LANDSLIDE AND SINKHOLE INSURANCE PROGRAM
Section 301.  Program goals.
The goals of the program shall be to:
(1)  Provide actuarially sound insurance coverage.
(2)  Make program policies universally available and 
competitively priced.
(3)  Make use of the most effective scientific and 
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30 technological advances available, including, but not limited 
to, technology such as GIS.
(4)  Process claims promptly, fairly and consistently.
(5)  Collaborate with other organizations that operate in 
the public interest to assist in achieving the program's 
goals.
Section 302.  Landslide and Sinkhole Insurance Program.
The Landslide and Sinkhole Insurance Program is established 
within the department. The program shall be administered by the 
board. The department shall provide administrative services and 
staff to the board for the purposes specified under this act. 
The board shall reimburse the department for the cost incurred 
for providing the administrative services and staff, including 
legal counsel. The board shall enter into an agreement with the 
department specifying the rights and obligations that the board 
and department have in administering their duties required under 
this act.
Section 303.  Board authority.
(a)  Intergovernmental cooperation.--The board shall:
(1)  Work closely with Federal, State and local agencies 
and any other government agencies, including those of other 
states, to accomplish program goals.
(2)  Collaborate with the Department of Conservation and 
Natural Resources, Department of Transportation, educational 
institutions and Federal agencies to complete a survey of 
this Commonwealth to define landslide and sinkhole features 
and identify areas of this Commonwealth most at risk of 
landslides and sinkholes and develop a Statewide map of 
landslide and sinkhole risk.
(3)  Develop best management practices, including 
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30 recommendations for local governments to mitigate slope 
instability and landslide and sinkhole risk .
(4)  Develop and maintain a community rating system based 
on landslide and sinkhole risk.
(5)  Develop and maintain a publicly accessible Internet 
website that includes all of the following:
(i)  Share the most up-to-date geological surveys in 
the form of maps, GIS data or other useful forms and 
related information free of charge to government agencies 
and appropriate representatives of communities and at a 
reasonable cost to all other persons.
(ii)  Landslide and sinkhole insurance map panels.
(iii)  A Statewide map of landslide and sinkhole risk 
and a community rating system.
(6)  Inform the Department of Transportation of which 
highways are at greatest risk from landslides and sinkholes.
(7)  Notify local governments in areas with the greatest 
risk from landslides and sinkholes.
(8)  Have the authority to consult, receive information 
and enter into any agreements or other arrangements in order 
to identify and publish information with respect to all 
duties under this act.
(b)  Studies and investigations.--
(1)  The board is authorized to carry out necessary 
studies and investigations, utilizing to the maximum extent 
practicable the existing facilities and services of other 
Federal and State departments or agencies, local government 
agencies and any other organizations to implement the board's 
duties under this act.
(2)  The board may enter into any contracts, agreements 
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30 or other appropriate arrangements to carry out its authority 
under this subsection. Studies and investigations under 
paragraph (1) shall include analysis of the following:
(i)  Laws.
(ii)  Regulations.
(iii)  Ordinances.
(iv)  Zoning.
(v)  Building codes.
(vi)  Building permits.
(vii)  Subdivision or other building restrictions.
(c)  State and local measures.--On the basis of studies and 
investigations under subsection (b), the board shall develop 
comprehensive criteria designed to encourage, where necessary, 
the adoption of adequate State and local measures which, to the 
maximum extent feasible, will:
(1)  Constrict the development of land that is exposed to 
landslide and sinkhole damage, where appropriate.
(2)  Guide the development of proposed construction away 
from locations that are threatened by landslide and sinkhole 
features.
(3)  Assist in reducing damage caused by landslides and 
sinkholes.
(4)  Otherwise improve the long-term land management and 
use of landslide-prone and sinkhole-prone areas.
(d)  Technical assistance.--The board shall work closely with 
and provide technical assistance to State and local government 
agencies to encourage the application of the criteria and the 
adoption and enforcement of the measures under this section.
Section 304.  Land-use controls.
A local government may adopt land-use controls for the 
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30 benefit of the local government's residents. The following shall 
apply:
(1)  No new landslide and sinkhole insurance coverage 
shall be provided to new construction without proof of 
compliance with local prevention measures adopted by an 
appropriate local public body.
(2)  A community rating system shall be employed by the 
board as an incentive for community landslide and sinkhole 
management. The rating system shall consider where landslide 
and sinkhole damage is more likely to occur and give higher 
ratings to those communities that have lower risk of damage 
either due to low risk of the damage occurring due to the 
natural characteristics of the community or due to steps 
taken by the community to prevent the damage. This rating 
system shall be reflected by the rates assigned to 
communities.
Section 305.  Landslide and Sinkhole Insurance Board.
(a)  Establishment.--The Landslide and Sinkhole Insurance 
Board is established. The board shall include the following 
members:
(1)  The Director of the Pennsylvania Emergency 
Management Agency or a designee.
(2)  The Secretary of Community and Economic Development 
or a designee who shall serve as chair of the board.
(3)  The Secretary of Conservation and Natural Resources 
or a designee.
(4)  The Insurance Commissioner or a designee.
(5)  The State Treasurer or a designee.
(6)  The Secretary of Transportation or a designee.
(b)  Insurance Program.--
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30 (1)  The board shall develop and administer the program, 
including assessing a premium for participating in the 
program.
(2)  Payments for premiums assessed under paragraph (1) 
shall be deposited into the insurance fund.
(3)  Money deposited into the insurance fund under 
paragraph (2) shall only be used for the program.
(c)  Duties of board.--The board shall have the following 
duties:
(1)  Bring civil actions in courts of competent 
jurisdiction as the board deems necessary and defend the 
board against civil claims brought against the board.
(2)  Establish bylaws for the management and regulation 
of the board's internal affairs.
(3)  Engage and contract with attorneys, accountants and 
financial experts and any other advisors, consultants and 
agents as the board deems necessary and fix their 
compensation.
(4)  Engage in any other act as the board deems necessary 
to implement the board's duties under this act.
CHAPTER 5
LANDSLIDE AND SINKHOLE INSURANCE FUND
Section 501.  Landslide and Sinkhole Insurance Fund.
(a)  Establishment.--The Landslide and Sinkhole Insurance 
Fund is established as a restricted fund in the State Treasury.
(b)  Purpose.--The insurance fund shall be used to insure 
against damages resulting from landslide and sinkhole damage.
(c)  Claim or liability.--A claim against or a liability of 
the insurance fund shall not be deemed to constitute a debt or 
liability of the Commonwealth or a charge against the General 
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30 Fund.
Section 502.  Expenses.
The expenses of the administration of the insurance fund 
shall be paid out entirely from the insurance fund.
Section 503.  State Treasurer custodian of insurance fund.
The State Treasurer shall be the custodian of the insurance 
fund and all disbursements from the insurance fund shall be paid 
by the State Treasurer upon request by the board. The following 
shall apply:
(1)  The State Treasurer shall not be required to audit 
accounts from which the board requests payments.
(2)  The State Treasurer shall not be liable for any 
payment made under this act.
Section 504.  Schedule of premiums.
(a)  Publication.--At any time during each year, the board 
shall prepare and publish on the board's publicly accessible 
Internet website a schedule of premiums or rates of insurance 
for subscribers for the program according to the following:
(1)  The schedules shall be printed and distributed free 
of charge to individuals who request a schedule.
(2)  A subscriber may pay to the State Treasurer the 
amount of premium appropriate and, upon payment, shall be 
insured in accordance with this act for the year for which 
the premium is paid.
(3)  The insurance acquired under paragraph (2) shall 
cover all payments becoming due for which the premium is 
paid.
(b)  Amount of premium.--The premium for the program is fixed 
and shall be adequate to enable payment of all sums that may 
become due and payable under the provisions of this act, and 
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30 adequate reserve sufficient to carry all policies and claims to 
maturity.
(c)  Fixing premiums.--In fixing a premium payable by a 
subscriber, the board may:
(1)  take into account the condition of the premises of 
the subscriber as shown by the report of any inspector 
appointed by the board;
(2)  annually assess the amount of the premium charged 
and the needs of maintaining the insurance fund under this 
act. In addition, the board may change the amount of premiums 
payable by any subscriber as the condition of the premises of 
the subscriber may justify; and
(3)  increase the premiums of any subscriber whose loss 
experience warrants the change.
(d)  Effective date of insurance.--The insurance of any 
subscriber shall not be effective until the subscriber has paid 
in full the premium fixed and determined under this section.
(e)  Credits.--Rate structures shall provide incentives for 
measures that reduce the risk of landslide and sinkhole damage 
and evaluate the measures. The program shall provide incentives 
in the form of credits on premium rates for landslide and 
sinkhole insurance coverage in communities that the board 
determines have adopted and enforced measures that reduce the 
risk of landslide and sinkhole damage. A credit on premium rates 
for landslide and sinkhole insurance coverage shall be based on 
the estimated reduction in damage risks resulting from the 
measures adopted by a community under the program.
Section 505.  Surplus.
(a)  Set aside percentage.--The board shall set aside 5% of 
all premiums collected under this act until the board determines 
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30 that the surplus is large enough to cover the catastrophe hazard 
of all the subscribers to the insurance fund and to guarantee 
the solvency of the insurance fund.
(b)  Reevaluation.--If the board determines that the surplus 
is large enough under subsection (a), the board shall reevaluate 
the set aside under subsection (a) and investment of the surplus 
and, if approved by a two-thirds majority of the board, adjust 
the percentage of premiums to set aside .
Section 506.  Investment of surplus.
(a)  Duty of board.--The board shall direct the investment of 
the insurance fund as authorized by the investment policy 
approved by the board.
(b)  State Treasurer custodian.--The State Treasurer shall be 
custodian of the insurance fund and the following shall apply:
(1)  The State Treasurer shall have full and exclusive 
power to invest moneys of the insurance fund, as may be 
directed by the board, with that degree of judgment, skill 
and care under the circumstances then prevailing which 
persons of prudence, discretion and intelligence, who are 
familiar with such matters, exercise in the management of 
their own affairs, not related to speculation, but to the 
permanent disposition of the money, considering the probable 
income to be derived and the probable safety of their 
capital. Investments shall be made in accordance with a 
written investment policy approved by the board. The 
investment policy shall address liquidity, diversification, 
safety of principal, yield, maturity and quality and the 
capability of investment management with primary emphasis on 
safety and liquidity.
(2)  The State Treasurer shall be responsible for 
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30 executing and overseeing all insurance fund investments and 
may hire investment advisers, asset managers, actuaries and 
other financial professional consultants or investment 
experts that, in the opinion of the State Treasurer, as 
necessary, to assist in the management of the insurance fund.
(3)  The State Treasurer may pay for all investment and 
management expenses from the insurance fund.
(4)  The State Treasurer shall provide an annual 
investment report to the board and make all reports available 
online.
Section 507.  Disbursements from insurance fund.
(a)  Operation of insurance fund.--Money from the general 
appropriation shall be available for the expense of 
administering the insurance fund, including the purchase of 
surety bonds, supplies, materials and motor vehicles, providing 
for administrative expenses, workmen's insurance covering the 
officers and employees of the board and any other expenses to 
enable the operation of the insurance fund as deemed necessary 
by the board.
(b)  Treasury Department.--Money from a general appropriation 
shall also be available for payment to the Treasury Department 
for the cost of making disbursements out of the insurance fund 
on behalf of the insurance fund at amounts as the Treasury 
Department, with the approval of the board, shall determine.
(c)  Accounting.--
(1)  The board shall keep an accurate account of the 
money paid in premiums by subscribers and the disbursements 
on account of damages to the subscribers' premises. The board 
may engage the services of professionals to manage the 
accounting under this subsection.
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30 (2)  If at the expiration of any year there shall be a 
balance remaining after deducting the disbursements, the 
unearned premiums on undetermined risks and the percentage of 
premiums paid or payable to create or maintain the surplus as 
required under this section, and after setting aside an 
adequate reserve, the balance, as the board may determine to 
be safely distributable, may be allocated to the cost of 
administering the insurance fund or distributed among the 
subscribers in proportion to the premiums paid by them.
(3)  For the proportionate share of the subscribers who 
remain subscribers to the insurance fund, the premiums 
distributed to subscribers under paragraph (2) shall be 
credited to the installment of premiums next due by the 
subscribers. The proportionate share of the subscribers who 
have ceased to be subscribers in the insurance fund shall be 
refunded out of the insurance fund in the manner provided 
under this chapter.
Section 508.  Application for insurance, terms of insurance and 
penalty for false statement.
(a)  Application for insurance.--
(1)  An owner of a structure who desires to become a 
subscriber to the insurance fund for the purpose of insuring 
the structure against damages from landslide and sinkhole 
damage shall make a complete application, as prescribed by 
the board, to the board or the board's agents.
(2)  Upon receiving an application under paragraph (1), 
the board shall:
(i)  Make an investigation as may be necessary if the 
application complies with the rules and regulations of 
the board.
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30 (ii)  Within 90 days after receiving the application, 
issue a certificate showing whether the board approved 
the application and the amount of premium payable by the 
applicant for the year for which the premium is sought.
(3)  The amount of insurance coverage for which an 
applicant is approved under paragraph (2) shall not exceed 
the replacement cost of the insured structure or $150,000, 
whichever is less. The maximum dollar amount of coverage 
established under this paragraph shall be reviewed annually 
by the board to determine whether the insurance fund has the 
capacity to increase the amount of insurance available to 
subscribers. The board may adjust the maximum dollar amount 
of coverage under this paragraph based on available money and 
need as determined by the annual review.
(4)  Policies issued under this chapter may be issued for 
one year, for two years or for three years as the board may 
establish.
(5)  Except as provided under subsection (b), no 
insurance shall become effective until the premiums have been 
paid. All premiums shall be payable to the State Treasurer, 
who shall issue a receipt for payment. The receipt for 
premium together with a certificate of the board shall be 
evidence that the applicant has become a subscriber to the 
insurance fund and is insured.
(b)  Failure to approve or deny application.--If the board 
fails to make the necessary investigations or inspection and 
fails to approve or deny an application as required under 
subsection (a), the insurance requested by the applicant shall 
be deemed granted. The insurance shall be effective from the 
date of the application's submission under subsection (a). The 
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30 following shall apply to insurance coverage:
(1)  The coverage shall be null and void if the applicant 
fails to remit the premium payment within 20 days from the 
day the bill for the premium was postmarked.
(2)  The insurance may be subjected to later reductions, 
and premiums adjusted accordingly, if the board determines 
that the amount of insurance coverage requested is in excess 
of the current replacement cost of the structure or the 
maximum amount of coverage established by the insurance fund, 
whichever is less.
(3)  The insurance shall be void if, upon inspection of 
the structure, the board determines that:
(i)  landslide and sinkhole damage occurred prior to 
the request by the applicant for insurance;
(ii)  the applicant, due to an unreasonable action or 
inaction, is responsible for the failure of the board to 
inspect the structure within 60 days of receipt of the 
application in accordance with this section; or
(iii)  landslide and sinkhole damage was the result 
of a negligent act or omission by the applicant.
(c)  Offense.--Whoever shall knowingly furnish or make any 
false certificate, application or statement as required under 
this section shall be guilty of a summary offense and, upon 
conviction, shall be sentenced to pay a fine not to exceed $300.
Section 509.  Application for increase in insurance.
(a)  Application process.--An application for an increase in 
the amount of insurance, up to the allowable limits, may be made 
at any time by the subscriber by submitting a written statement, 
as determined by the board, to the board, except during a period 
when a claim filed by the subscriber is open and pending 
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30 investigation.
(b)  Approval of request.--
(1)  Upon receipt of the subscriber's written statement 
under subsection (a), the board shall reinspect the structure 
within 60 days.
(2)  If reinspection under paragraph (1) occurs within 
the 60-day period and the structure passes the reinspection, 
the new amount of insurance shall be approved and shall be 
effective from the date of the first premium payment after 
reinspection.
(3)  If reinspection under paragraph (1) does not occur 
within the 60-day period, the new amount of insurance shall 
be deemed approved by the board and shall be effective from 
the date the subscriber's application for additional 
insurance was received by the board under subsection (a), but 
the additional coverage shall be null and void if the 
subscriber fails to remit the premium payment within 20 days 
from the day the bill for additional premium is postmarked.
(c)  Reduction in additional insurance.--The additional 
insurance approved under this section may be reduced, with 
premiums adjusted accordingly, if the board determines that the 
subscriber's total amount of insurance exceeds the current 
replacement cost of the structure or the maximum amount of 
coverage established by the insurance fund, whichever is less.
(d)  Voided additional insurance.--Additional insurance 
approved under this section shall be void if, upon reinspection 
of the structure, the board determines that:
(1)  landslide and sinkhole damage occurred prior to the 
request of the subscriber for additional insurance;
(2)  the subscriber's unreasonable action or inaction is 
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30 responsible for the board's failure to reinspect the insured 
structure within 60 days of receipt of the application for 
additional insurance under subsection (a); or
(3)  landslide and sinkhole damage was the result of a 
negligent act or omission by the subscriber.
Section 510.  Automatic inflation protection increase.
The board shall make available to all subscribers an annual 
inflation protection option on the anniversary date of each 
policy to uniformly increase subscribers' coverage. A subscriber 
must elect this option within 30 days. The option shall not be 
made available more than once annually. An inflation protection 
increase shall not be subject to a reinspection of the 
structure.
Section 511.  Insurance for structures under construction.
The board shall make available landslide and sinkhole 
insurance to owners of structures under construction. The 
insurance under this section shall have a term of no more than 
18 months, or until the structure is 80% complete, whichever is 
earlier.
Section 512.  Claims.
A claim for payment due to loss for an insured under the 
program shall be on a form and in a manner established by the 
board and made available on the department's publicly accessible 
Internet website and by mail upon request. Claims shall be for 
loss of use due to damage from landslide and payment for claims 
shall be contingent upon inspection by the board.
Section 513.  Audit by Auditor General.
The following shall apply to an audit by Auditor General:
(1)  The Auditor General or a designee shall at least 
once each year make a complete examination and audit of the 
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30 insurance fund, including all receipts and expenditures, cash 
on hand and securities and investments or property held 
representing cash or cash disbursements.
(2)  The Auditor General is authorized to employ 
consultants, experts, accountants or investigators as 
necessary to carry out this section.
(3)  The expense incurred in making an examination and 
audit under paragraph (1) shall be certified to the insurance 
fund by the Auditor General and shall be paid from the 
general appropriation.
(4)  The first audit of the insurance fund may, in the 
discretion of the Auditor General, extend back to the 
establishment of the insurance fund or to any other period in 
the insurance fund's existence.
Section 514.  Claims against insurance fund.
A subscriber to the insurance fund must file with the board a 
true statement of the subscriber's claim for any landslide and 
sinkhole damage and shall provide the board an opportunity to 
investigate to determine whether the board must pay the claim.
Section 515.  Defenses against claims, suits, procedure and 
investigations of claims.
In each case where a claim is made against the insurance 
fund, the insurance fund shall be entitled to every defense 
against the claim under the policy and shall be subrogated to 
every right of the subscriber arising out of accidents against 
any third persons. The insurance fund may, in the name of the 
insurance fund, sue or be sued to enforce any right given 
against or to any subscriber or other persons under this act.
Section 516.  Subrogation to rights of claimants.
Nothing in this act shall relieve any person, partnership or 
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30 corporation from any liability for damages sustained, and the 
insurance fund shall be subrogated to the rights of any property 
owners' insurance as provided under this chapter.
Section 517.  Insurance companies may cover this type of risk.
An insurance company may issue policies covering the type of 
risk covered under this act if the policy is approved by the 
Insurance Commissioner as to policy form and rates.
CHAPTER 7
ADMINISTRATION AND FUNDING
Section 701.  Rules and regulations.
The board may publish guidance and rules and promulgate 
regulations to carry out the purposes of this act, including 
reasonable classification of risks eligible for coverage under 
this act, limits of coverage and rules covering the adjustment 
and settlement of claims.
Section 702.  Escrow of premium payments.
A mortgage lender that offers the purchase of insurance under 
this act shall escrow the premium.
Section 703.  Properties in violation of State or local law.
No new landslide and sinkhole insurance coverage shall be 
provided for a property that the board finds has been declared 
by a State or local zoning authority or other authorized public 
body to be in violation of State or local laws, regulations or 
ordinances that are intended to discourage or otherwise restrict 
land development or occupancy in areas that are prone to 
landslides and sinkholes.
Section 704.  Board report.
The board shall make an annual report on the program and on 
experience with landslide and sinkhole insurance sales through 
producers to the chairperson and minority chairperson of the 
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30 Environmental Resources and Energy Committee of the Senate and 
the chairperson and minority chairperson of the Environmental 
and Natural Resource Protection Committee of the House of 
Representatives.
Section 705.  Appropriation.
(a)  Annually.--Funding shall be appropriated on an annual 
basis to the board for the purposes of this act and expenses of 
organization and administration of the insurance fund as 
provided under this act.
(b)  Additional transfer.--If, upon completion of an annual 
examination and audit under section 513, the board determines 
that the total asset value of the insurance fund is less than 
$10,000,000, an additional sum as may be necessary to increase 
the total asset value of the insurance fund to $10,000,000 shall 
be transferred from the General Fund to the insurance fund for 
the purposes of this act for the fiscal year immediately 
following the examination and audit.
(c)  Fund transfer.--The sum of $10,000,000 is transferred 
from the General Fund to the insurance fund for the fiscal year 
July 1, 2025, through June 30, 2026.
(d)  Board.--Money in the insurance fund is appropriated to 
the board in amounts as may be determined annually by the 
Governor to be used for the specified purposes of this act.
Section 706.  Appeals.
A party aggrieved by an action of the board shall have the 
right to appeal in accordance with 2 Pa.C.S. (relating to 
administrative law and procedure).
Section 707.  Cost of administration.
The board shall keep an accurate account of money paid in 
premiums by the subscribers and disbursements on account of 
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30 damages to structures. If, at the expiration of any year, there 
is a balance remaining after deducting the disbursements, the 
unearned premiums on undetermined risks and the percentage of 
premiums paid or payable to create or maintain the surplus 
provided under this act, and after setting aside an adequate 
reserve, the board may determine to allocate the remaining money 
to the cost of administering the insurance fund.
CHAPTER 9
MISCELLANEOUS PROVISIONS
Section 901.  Effective date.
This act shall take effect immediately.
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