Nine days after its entry into force, the government presents a draft amendment to the special flood act. The catalog of changes includes new regulations regarding health care, education, higher education, aid programs for entrepreneurs, administration, communication infrastructure and social security. The document has nearly 60 pages.
A draft amendment to the Act on special solutions related to removing the effects of floods appeared on the website of the Government Legislation Center.
Draft amendment to the special flood act
In the area of health, the changes are aimed at securing the continuity of health care services and providing financial support to entities performing medical activities affected by the effects of floods as quickly as possible. The project includes, among others: shortening the time necessary to make changes to the Medical Fund plan, which will enable funds to be transferred for this purpose to the National Health Fund and, consequently, their further redistribution to entities. The regulation also provides for, for example, the exclusion of the condition of obtaining an opinion on the advisability of an investment in certain cases. It's supposed to speed it up investment process in flooded areas for entities performing medical activities. According to the proposal, the opinion of the voivode who knows the situation in his area will be sufficient.
The government's proposal also assumes that all affected municipalities will be able to benefit from 100% funding to carry out their own tasksalso if the losses incurred by the commune did not exceed 50%. planned own income for the year preceding the year of the flood occurrence.
It was also proposed to introduce a new provision into the Act on the state of natural disaster counteract disinformation. “Whoever, in connection with the occurrence of a state of natural disaster, knowing that there is no threat, publicly disseminates information intended to create a belief in the existence of an event that poses a significant threat to the life or health of many people or property or creates a situation intended to create a belief in the existence of such a threat shall be subject to fine or imprisonment for up to one year,” the draft states.
The regulation also provides for a number of solutions regarding: social security. Continued financing of occupational therapy workshops located in areas affected by a state of natural disaster is planned, despite the suspension of their activities. The integration benefit for CIS participants who were unable to participate in classes due to the flood will be paid within the existing limits of the Labor Fund.
In the area of science, it was proposed to abolish for the period of the 2024/2025 academic year the statutory limit limiting the possibility of granting students who find themselves temporarily in a difficult life situation as a result of floods, allowances, up to two allowances per academic year. This solution is intended to provide students with financial support for the education process, adequate to the needs in the event of a natural disaster.
The project also proposed: periodic exemption from the fee of PLN 30 for issuing a certificate of good conduct from the National Criminal Register for personsthat support schools and institutions affected by floods in organizing care for students. The person who will apply for a certificate must attach to the application a statement informing what he/she does in connection with the flood.
The regulation also assumes the introduction of periodic regulations, which: will speed up the process of assessing damage to historic resources. The time to undertake construction and conservation works on buildings, complexes and areas entered into the register of monuments and affected by the effects of flooding is also to be shortened.
In addition, the project provides for the creation of an Information Systems Reconstruction Fund. Support is to be directed to the reconstruction of information systems destroyed or damaged as a result of floods.
The project provides for: elimination of the obligation for local government units to return funding received from the Government Road Development Fundin the event that a task related to local government roads co-financed or financed from the Fund will not be implemented due to the flood in September 2024 or a landslide resulting from it.
The regulation also provides for the suspension of penalties imposed by the minister responsible for water management on the Polish Waters State Water Management Company. It was estimated that the total amount of fines waived by 2026 may amount to PLN 21.4 million.
The project also included, among others: abolition of the obligation to build a certain number of parking spaces accompanying the construction of residential buildings. This change does not only apply to flood areas.
Main photo source: TVN24