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.

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
 1   Amending Title 35 (Health and Safety) of the Pennsylvania
 2      Consolidated Statutes, in miscellaneous provisions relating
 3      to public safety, establishing the Train Derailment Emergency
 4      Grant Program and Train Derailment Emergency Grant Fund.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.     Title 35 of the Pennsylvania Consolidated
 8   Statutes is amended by adding a section to read:
 9   § 5904.    Train Derailment Emergency Grant Program.
10      (a)    Establishment of program.--The Train Derailment
11   Emergency Grant Program is established to provide grants to
12   eligible persons.
13      (b)    Administration.--
14             (1)   The agency shall administer the program.
15             (2)   The agency shall establish a grant application and
16      evaluation process. The agency shall provide notice of the
17      application process on the agency's publicly accessible
18      Internet website.
19             (3)   The agency may contract with a third party to
 1      administer the program.
 2      (c)   Expenses.--The agency may expend not more than 2% of the
 3   money in the fund for costs incurred in the administration of
 4   the program. Except if an expiration date is enacted for this
 5   section, the agency may not establish a deadline for submission
 6   of applications.
 7      (d)   Grants.--
 8            (1)   A grant may be awarded for any of the following
 9      which were a direct result of the train derailment:
10                  (i)    Medical expenses.
11                  (ii)    Loss of income and value of a small business.
12                  (iii)    Loss of real or personal property value of a
13            small business.
14                  (iv)    Expenses of a small business.
15                  (v)    Loss of real property value of a homeowner.
16                  (vi)    Expenses related to repair, cleaning and
17            decontamination of real property of a homeowner and any
18            other related expense, as reasonably determined by a
19            homeowner.
20                  (vii)    Relocation expenses, including travel, food
21            and housing for individuals who do any of the following:
22                         (A)   Permanently move out of the disaster zone.
23                         (B)   Temporarily relocate during or after the
24                  evacuation period as determined by the individual to
25                  be necessary because of the disaster without
26                  limitation as to the area of the disaster zone if the
27                  individual has a personal reason to believe they need
28                  to relocate from the disaster area.
29            (2)   If an eligible person knowingly submits a grant
30      application with materially false information, the eligible

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 1      person shall repay the amount of the grant to the agency,
 2      including interest of 8%.
 3            (3)   The agency shall review completed applications and
 4      award pro rata grants to persons deemed eligible. If a grant
 5      award is denied in whole or in part, the agency shall provide
 6      the applicant with the reason for the full or partial denial.
 7      (e)   Award.--An application may be filed at any time but may
 8   not include an award for expenses or losses occurring prior to
 9   February 3, 2023.
10      (f)   Establishment of fund.--The Train Derailment Emergency
11   Grant Fund is established as a fund within the State Treasury.
12   The use of money in the fund is restricted to the purposes under
13   this section. The money in the fund is appropriated on a
14   continuing basis to the agency for the purposes stated under
15   this section.
16      (g)   Sources of funding.--Sources of the fund may be any of
17   the following:
18            (1)   Money appropriated for purposes of the program.
19            (2)   Federal money appropriated or authorized for
20      purposes of the program.
21            (3)   Money received from another governmental agency
22      through an interagency agreement or memorandum of
23      understanding.
24            (4)   A gift or other contribution from a public or
25      private source.
26            (5)   Monetary damages and settlements paid to the
27      Commonwealth from an individual or entity responsible for the
28      train derailment.
29            (6)   Penalties or fines imposed as a result of the train
30      derailment.

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 1      (h)   Definitions.--As used in this section, the following
 2   words and phrases shall have the meanings given to them in this
 3   subsection unless the context clearly indicates otherwise:
 4      "Actual proof."    A preponderance of evidence, whether
 5   medical, lab testing results, business records, documentary
 6   material and testimonial, that a reasonable person would
 7   understand to consist of, more likely than not, contamination
 8   evidence.
 9      "Agency."    The Pennsylvania Emergency Management Agency.
10      "Disaster zone."    Any of the following:
11            (1)   An area located within this Commonwealth that is
12      within 15 miles of the site of the derailment of a train at
13      East Palestine, Ohio, on February 3, 2023.
14            (2)   An area located in this Commonwealth where an
15      applicant demonstrates actual proof of contamination of a
16      premises or of a person due to the presence of chemicals
17      released or burned at the area under paragraph (1) or because
18      of travel in or through the area under paragraph (1).
19      "Eligible person."    Any of the following that has been
20   negatively impacted by the train derailment and has been
21   approved by the agency under subsection (b):
22            (1)   An individual who is a resident of this Commonwealth
23      and who lives or works in the disaster zone and who provides
24      actual proof of being negatively impacted.
25            (2)   A small business that is located in the disaster
26      zone and which provides actual proof of being negatively
27      impacted.
28      "Fund."     The Train Derailment Emergency Grant Fund
29   established under subsection (f).
30      "Grant."    An award of money by the agency under the program.

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 1      "Homeowner."     An individual that owns a home in the disaster
 2   zone.
 3      "Negatively impacted."    The incurring of any of the items
 4   under subsection (d) as a direct result of the effects of the
 5   train derailment.
 6      "Program."   The Train Derailment Emergency Grant Program
 7   established under subsection (a).
 8      "Small business."    A business located in the disaster zone
 9   that employs fewer than 100 employees. The term includes a farm
10   located in the disaster zone.
11      "Train derailment."    The derailment of a train which occurred
12   at East Palestine, Ohio, on February 3, 2023. The term includes
13   the chemical release due to the train derailment.
14      Section 2.   This act shall take effect immediately.




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