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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 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: 20250HB0589PN1069 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250HB0589PN1069 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250HB0589PN1069 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250HB0589PN1069 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250HB0589PN1069 - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250HB0589PN1069 - 7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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.-- 20250HB0589PN1069 - 8 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250HB0589PN1069 - 9 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250HB0589PN1069 - 10 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250HB0589PN1069 - 11 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250HB0589PN1069 - 12 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. 20250HB0589PN1069 - 13 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. 20250HB0589PN1069 - 14 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250HB0589PN1069 - 15 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250HB0589PN1069 - 16 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250HB0589PN1069 - 17 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250HB0589PN1069 - 18 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250HB0589PN1069 - 19 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250HB0589PN1069 - 20 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250HB0589PN1069 - 21 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. 20250HB0589PN1069 - 22 - 1 2 3 4 5 6 7 8 9 10 11