Amendment 7579 to House Bill 1673 P.N. 2762, Regular Session 2019-2020

H1673B2762A07579 MSP:JMT 10/06/20 #90 A07579

AMENDMENTS TO HOUSE BILL NO. 1673

Sponsor: SENATOR REGAN

Printer's No. 2762

Amend Bill, page 1, lines 1 through 4, by striking out all of

said lines and inserting

Amending Title 35 (Health and Safety) of the Pennsylvania

Consolidated Statutes, in Commonwealth services, further

providing for scope of subchapter, for legislative findings

and declaration of purpose, for definitions, for assistance

to volunteer fire companies, ambulance service and rescue

squads, for Volunteer Companies Loan Fund, for powers and

duties of office, for disposition and use of proceeds, for

Volunteer Company Loan Sinking Fund and investments, for

repayment obligations for principal and interest, for

temporary financing authorization, for authorization of

contracts, reimbursement procedure and amount and for

reimbursement procedure and amount, providing for referendum

to expand loan assistance and for annual report and

distribution of information, further providing for

definitions and for State Fire Commissioner, providing for

curriculum and training and further providing for

Pennsylvania State Fire Academy, for Pennsylvania Volunteer

Loan Assistance Program and for Fire Safety Advisory

Committee; in volunteer firefighters, further providing for

definitions, for statement of purpose, for funds and for

audits and providing for fire relief formula study; in grants

to fire companies and emergency medical services companies,

further providing for definitions, for establishment, for

publication and notice, for award of grants, for

consolidation incentive, for establishment, for publication

and notice and for award of grants, providing for

consolidation incentive, further providing for Fire Company

Grant Program, for Emergency Medical Services Company Grant

Program, for additional funding, for allocation of

appropriated funds, for expiration of authority and for

special provisions and providing for annual reports; in

incentives for municipal volunteers of fire companies and

nonprofit emergency medical services agencies, further

providing for definitions, for program authorization, for

real property tax credit and for rejection and appeal; and

making editorial changes.

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Amend Bill, page 1, lines 7 through 16; pages 2 through 4,

lines 1 through 30; page 5, lines 1 through 4; by striking out

all of said lines on said pages and inserting

Section 1. The heading of Subchapter E of Chapter 73 of

Title 35 of the Pennsylvania Consolidated Statutes, is amended

to read:

SUBCHAPTER E

[VOLUNTEER FIRE COMPANY, AMBULANCE SERVICE

AND RESCUE SQUAD ASSISTANCE]

FIRE AND EMERGENCY MEDICAL SERVICES

LOAN PROGRAM

Section 2. Sections 7361 and 7362(b) of Title 35 are amended

to read:

§ 7361. Scope of subchapter.

This subchapter relates to [volunteer fire company, ambulance

service and rescue squad assistance] fire companies and

emergency medical services companies.

§ 7362. Legislative findings and declaration of purpose.

* * *

(b) Purpose.--[It is the purpose of this subchapter to

implement section 5 of the act of September 25, 1975 (P.L.296,

No.95), entitled "An act authorizing the indebtedness, with the

approval of the electors, of ten million dollars for loans to

volunteer fire companies, volunteer ambulance services and

volunteer rescue squads for the purpose of establishing or

modernizing facilities to house fire fighting apparatus

equipment, ambulances, and rescue vehicles, and for purchasing

new fire fighting apparatus equipment, ambulances, and rescue

vehicles, protective and communications equipment, and any other

accessory equipment necessary for the proper performance of such

organizations' duties," section 5 of the act of June 30, 1981

(P.L.138, No.44), entitled "An act authorizing the indebtedness,

with the approval of the electors, of $15,000,000 for loans to

volunteer fire companies, volunteer ambulance services and

volunteer rescue squads for the purpose of establishing or

modernizing facilities to house firefighting apparatus

equipment, ambulances, and rescue vehicles, and for purchasing

firefighting apparatus equipment, ambulances, and rescue

vehicles, protective and communications equipment, and any other

accessory equipment necessary for the proper performance of such

organizations' duties," and section 7378.1(5) (relating to

referendum for additional indebtedness), as well as to implement

in part section 31.3 of the act of June 29, 2002 (P.L.559,

No.89), entitled "An act amending the act of March 4, 1971

(P.L.6, No.2), entitled 'An act relating to tax reform and State

taxation by codifying and enumerating certain subjects of

taxation and imposing taxes thereon; providing procedures for

the payment, collection, administration and enforcement thereof;

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providing for tax credits in certain cases; conferring powers

and imposing duties upon the Department of Revenue, certain

employers, fiduciaries, individuals, persons, corporations and

other entities; prescribing crimes, offenses and penalties,'

further providing, in sales and use tax, for definitions, for

imposition, for exclusions, for licenses, for collection, for

bulk and auction sales and for crimes; providing, in local tax

situs, for situs of mobile telecommunications services; further

providing, in personal income tax, for definitions, for classes

of income, for special tax provisions for poverty, for

contributions, for bulk and auction sales and transfers; in

corporate net income tax, for definitions, for imposition and

for interest in unincorporated entities; and in capital stock

and franchise tax, for definitions, for imposition, for deposit

of proceeds, for interest in unincorporated entities and for

applicability and expiration; establishing revenue-neutral

reconciliation in utilities gross receipts tax; providing, in

public utility realty tax and for surcharge; further providing,

in realty transfer tax, for furnishing stamps; in cigarette tax,

for incidence and rate, for floor tax, for commissions on sales

and for disposition of certain funds; in research and

development tax credit, for time limitations and for

termination; in inheritance tax, for definitions, for transfers

not subject to tax and for estate tax and for estate tax

returns; providing for immediate assessment, settlement or

collection and for depreciation of certain property in cities of

the first class; and making repeals," by providing for loans to

volunteer fire, ambulance and rescue companies to protect the

lives and property of the citizens of this Commonwealth pursuant

to and to execute the above favorable referenda in subsection

(a).] The General Assembly has determined that [volunteer] fire

companies and emergency medical services companies are most in

need of loans [and therefore intends that, to the extent

possible, a significant portion of the Volunteer Companies Loan

Fund be used to provide loans to volunteer fire companies and

that the balance be allocated to provide loans to volunteer

ambulance and volunteer rescue companies]. The General Assembly

intends that the loans provided under this subchapter be used to

replace outmoded or unsafe equipment and buildings of

[volunteer] fire companies and [that the loans be provided to

volunteer companies which are experiencing a need for equipment

or facilities] emergency medical services companies to meet an

increasing demand for a higher level of service in the

communities which they serve.

Section 3. The definition of "Volunteer Companies Loan Fund"

in section 7363 of Title 35 is amended and the section is

amended by adding definitions to read:

§ 7363. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

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* * *

"Emergency medical services company" or "EMS company." A

career, nonprofit or volunteer emergency medical services

company.

* * *

"Fire company." A volunteer fire company.

"Fund." The Emergency Services Loan Assistance Fund

established under section 7365 (relating to Emergency Services

Loan Assistance Fund).

"Municipality." A county, city, borough, incorporated town

or township.

* * *

["Volunteer Companies Loan Fund." The fund established under

section 7365 (relating to Volunteer Companies Loan Fund).]

Section 4. Sections 7364, 7365, 7366(a)(2) and (3.1) and (b)

(2), 7371, 7374, 7376, 7378(d), 7378.2 and 7378.3 of Title 35

are amended to read:

§ 7364. Assistance to [volunteer] fire companies[, ambulance

service and rescue squads] and EMS companies.

(a) General rule.--The office is authorized, upon

application of any [volunteer] fire company[, volunteer

ambulance service or volunteer rescue squad] or EMS company, to

make loans for the following purposes:

(1) Establishing or modernizing facilities that house

firefighting equipment, ambulance or rescue vehicles. The

amount of a loan for establishing or modernizing facilities

made to any one [volunteer] fire company[, ambulance service

or rescue squad] or EMS company shall not exceed 50% of the

total cost of the facilities or modernization or [$400,000]

$450,000, whichever is less, and a notarized financial

statement filed under subsection (c) shall show that the

applicant has available 20% of the total cost of the

facilities in unobligated funds. Proceeds of the loan shall

be used only for purposes of structure or land acquisition or

renovation or construction and shall not be used for payment

of fees for design, planning, preparation of applications or

any other cost not directly attributable to structure or land

acquisition or renovation or construction.

(2) Purchasing firefighting apparatus, ambulances or

rescue vehicles. The amount of a loan made for purchasing

firefighting apparatus to any one [volunteer] fire company

shall not exceed [$200,000] $250,000 for any single

firefighting apparatus equipment or utility or special

service vehicle or heavy duty rescue vehicle as defined by

regulation or guideline, or 50% of the total cost of the

equipment or vehicle, whichever is less, except for loans for

aerial apparatus as defined by regulation or guideline, which

shall not exceed [$300,000] $350,000. The amount of a loan

made to any one [volunteer] fire company[, ambulance service

or rescue squad] or EMS company for any ambulance or light

duty rescue vehicle as defined by regulation or guideline

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shall not exceed [$100,000] $125,000 and for a watercraft

rescue vehicle shall not exceed [$30,000] $35,000 or 50% of

the cost of the ambulance or rescue vehicle, whichever is

less, and a notarized financial statement filed under

subsection (c) shall show that the applicant has available

20% of the total cost of the vehicle in unobligated funds.

(3) Purchasing protective, accessory or communication

equipment. No [volunteer] fire company[, ambulance service or

rescue squad] or EMS company shall receive a loan for

protective, accessory or communicative equipment more than

once in any five-year period. Each [volunteer] fire company[,

ambulance service or rescue squad] or EMS company may apply

for a loan for a mobile and portable radio unit for each

existing serviceable apparatus equipment, ambulance or rescue

vehicle. Radio equipment obtained through loans under this

subchapter shall be equipped with a frequency or frequencies

licensed by the Federal Communications Commission for

firefighting or emergency response purposes. A notarized

financial statement shall be filed and loans under this

subchapter for the purchase of protective, accessory or

communicative equipment shall not exceed [$20,000] $25,000.

(4) Refinancing debt incurred or contracts entered into

after November 4, 1975, and used for the purchase of

apparatus equipment or for the construction or modernization

of facilities or for modification of apparatus equipment in

order to comply with National Fire Protection Association

standards.

(5) Repair or rehabilitation of apparatus equipment.

Where it has been determined that existing apparatus

equipment no longer meets the standards of the National Fire

Protection Association and the repair or rehabilitation of

such equipment will bring it in compliance with National Fire

Protection Association standards, loans for the repair or

rehabilitation for a single apparatus equipment shall be for

at least [$2,000] $3,000 but shall not exceed the lesser of

[$70,000] $80,000 or 80% of the total cost of repair or

rehabilitation.

(6) Purchasing of used firefighting apparatus,

equipment, used ambulances, used rescue vehicles, used

communications equipment, used accessory equipment or used

protective equipment, except that the used vehicles and

equipment shall meet the National Fire Protection Association

(NFPA) standards and loans for the purchase of a used single

apparatus equipment shall not exceed [$120,000] $200,000 or

80% of the total cost of the equipment, whichever is less.

[(7) Purchasing Pennsylvania Fire Information Reporting

System (PennFIRS) hardware and software. A volunteer fire

company shall be eligible to apply one time only for a loan

of not more than $4,000 or 75% of the cost of such

acquisition, whichever is less, and with a term not exceeding

five years for the purpose of acquiring the hardware and

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software necessary to participate in the Pennsylvania Fire

Information Reporting System. The office shall develop, at

its discretion, such procedures and forms as it may deem

necessary to facilitate loans for PennFIRS hardware and

software. The loans shall be secured as required by law.]

(a.1) Limitation.--Loans under this subchapter may be made

for any of the purposes of subsection (a) undertaken by a

[volunteer] fire company[, volunteer ambulance service and

volunteer rescue squad] or EMS company on or after November 4,

1975.

(b) Loans.--Loans made by the office in the amount of

[$30,000] $50,000 or less shall be for a period of not more than

ten years. Loans in excess of [$30,000] $50,000 but not in

excess of [$100,000] $300,000 shall be for a period of not more

than 15 years. The payback period of any loan in excess of

[$100,000, except a loan for establishing or modernizing

facilities,] $300,000 shall not exceed 20 years. [The payback

period for any loan in excess of $200,000 for establishing or

modernizing facilities shall not exceed 20 years.] Loans shall

be subject to the payment of interest at 2% per year and shall

be subject to such security as shall be determined by the

commissioner. The total amount of interest earned by the

investment or reinvestment of all or any part of the principal

of any loan shall be returned to the office and transferred to

the [Volunteer Companies Loan Fund] Emergency Services Loan

Assistance Fund and shall not be credited as payment of

principal or interest on the loan. Except as provided in

subsection (a)(5) and (7), the minimum amount of any loan shall

be [$10,000] $25,000.

(b.1) Inflation adjustment.-- Beginning one year after the

effective date of this subsection and biannually thereafter, all

loan limits under this section shall increase at the rate of

inflation as outlined in the Consumer Price Index for All Urban

Consumers for the Philadelphia-Camden-Wilmington, PA-NJ-DE-MD

area for the most recent 12-month period for which the figures

have been reported by the United States Department of Labor,

Bureau of Labor Statistics. If the rate of inflation does not

increase, all loan limits shall remain the same as they were for

the previous year. The office shall transmit notice of loan

limit increases to the Legislative Reference Bureau for

publication in the Pennsylvania Bulletin.

accompanied by a notarized financial statement of the

[volunteer] fire company[, ambulance service or rescue squad] or

EMS company and a financial plan to show the amount of assets

and projected revenues for the repayment of the loan, any other

obligations of the [volunteer] fire company or EMS company and

operating expenses over the period of the loan. Every

application shall be accompanied by evidence sufficient to show

that all costs except the amount of the loan have been obtained

by assets of the [volunteer] fire company or EMS company and

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other loans or sources of revenue. If a [volunteer] fire

company[, ambulance service or rescue squad] or EMS company is

unable to meet the 20% requirement of subsection (a), then a

political subdivision which is served by the [volunteer] fire

company or EMS company may pledge its credit in the amount of

funds necessary to satisfy the 20% requirement and, if it does

so, shall cosign the application submitted by the [volunteer]

fire company or EMS company.

(c.1) Application review committee.--The office shall

establish an application review committee to review loan

applications and recommendations on loan applications under this

section. The application review committee shall regularly meet

at least quarterly to review loan applications and make

recommendations on loan applications to the office. The

application review committee shall be chaired by the

commissioner or the commissioner's designee and include the

following members:

(1) The chair of the Veterans Affairs and Emergency

Preparedness Committee of the Senate or the chair's designee.

(2) The minority chair of the Veterans Affairs and

Emergency Preparedness Committee of the Senate or the

minority chair's designee.

(3) The chair of the Veterans Affairs and Emergency

Preparedness Committee of the House of Representatives or

the chair's designee.

(4) The minority chair of the Veterans Affairs and

Emergency Preparedness Committee of the House of

Representatives or the minority chair's designee.

(5) The director of the Bureau of Emergency Services in

the Department of Health or the director's designee.

(6) A representative of the Pennsylvania Fire and

Emergency Services Institute.

(7) A representative of the Firemen's Association of the

State of Pennsylvania.

(8) A representative of the Ambulance Association of

Pennsylvania.

(9) A representative of the Pennsylvania Emergency

Health Services Council.

(d) Use.--Loans shall be used for the acquisition by

[volunteer] fire companies or EMS companies of new or used

apparatus equipment, new or used ambulances, new or used rescue

vehicles, new or used communications equipment, new or used

accessory equipment or new or used protective equipment or for

the acquisition and renovation of existing structures to house

firefighting equipment, ambulance or rescue vehicles or for the

construction or modernization of facilities and, except as

provided in subsection (a)(4), shall not be used for operating

expenses or for the refinancing of renovated structures,

refinancing of construction or modernization of facilities,

apparatus equipment, communication equipment, accessory

equipment, nor, except as provided in subsection (a)(4), shall

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be made or used to reduce any debt or other obligations issued

prior to the effective date of this subchapter.

(e) Payment.--Loans made by the office shall be paid from

the [Volunteer Companies Loan Fund] fund to the [volunteer] fire

companies[, ambulance services and rescue squads] and EMS

companies in accordance with guidelines and procedures developed

by the office.

(f) Deposit.--All payments of interest on the loans and the

principal thereof shall be deposited by the office in the

[Volunteer Companies Loan Fund] fund.

(g) Eligibility.--A [volunteer] fire company[, ambulance

service and rescue squad] or EMS company shall be eligible for a

loan regardless of legal ownership in whole or in part by any

political subdivision of any facilities or apparatus equipment

used by the [volunteer] fire company[, volunteer ambulance and

volunteer rescue squad] or EMS company. Any equipment or

facilities financed may be transferred to a political

subdivision served by the [volunteer] fire company[, volunteer

ambulance service or volunteer rescue squad] or EMS company

subject to such security as shall be determined by the

commissioner.

(h) Maximum amount.--Notwithstanding any other provision of

this section to the contrary, the maximum amount of any loan to

a [volunteer] fire company[, volunteer ambulance service and

volunteer rescue squad] or EMS company for the purchase of

firefighting apparatus, ambulances or rescue vehicles

manufactured or assembled in this Commonwealth, may exceed the

loan limits set forth in this section by $20,000.

(i) Aggregation of loans.--

(1) Subject to paragraph (2), a fire company[, volunteer

rescue service or volunteer ambulance service] or EMS company

shall not be eligible for more than three loans at one time.

(2) If more than one fire company[, volunteer rescue

service or volunteer ambulance service] or EMS company merge

or consolidate into a single entity, as determined by the

commissioner, the entity shall be eligible for not more than

ten loans at one time for a period of ten years from the date

of the merger or consolidation.

§ 7365. [Volunteer Companies Loan Fund] Emergency Services Loan

Assistance Fund.

(a) General rule.--There is created a special fund in the

Treasury Department to be known as the [Volunteer Companies Loan

Fund] Emergency Services Loan Assistance Fund to which shall be

credited all appropriations made by the General Assembly other

than appropriations for expenses of administering this

subchapter or grants from other sources to the office as well as

repayment of principal and interest on loans made under this

subchapter.

(b) Requisition.--Upon approval of the loan, the

commissioner shall routinely requisition from the [Volunteer

Companies Loan Fund] fund such amounts as shall be allocated by

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the office for loans to [volunteer] fire companies or EMS

companies. When and as the amounts so allocated as loans to

[volunteer] fire companies or EMS companies are repaid pursuant

to the terms of the agreements made and entered into with the

office, the office shall pay such amounts into the [Volunteer

Companies Loan Fund] fund, it being the intent of this

subchapter that the [Volunteer Companies Loan Fund] fund shall

operate as a revolving fund whereby all appropriations and

payments made thereto may be applied and reapplied to the

purposes of this subchapter.

Commissioner may use an amount up to $250,000 from the Volunteer

Companies Loan Fund for the administrative cost of implementing

the loan program under this subchapter.] The commissioner may

use up to the 2% in interest payments for administrative costs

on an annual basis.

§ 7366. Powers and duties of office.

(a) Mandatory.--The office has the following duties:

* * *

(2) To accept grants from the Federal Government and any

other individual, agency or government for use in the

[Volunteer Companies Loan Fund] fund.

* * *

(3.1) To establish criteria to determine need for

firefighting apparatus, ambulances and rescue vehicles and to

establish guidelines and procedures for [volunteer] fire

companies or EMS companies to show just cause to determine

that need.

* * *

(b) Discretionary.--The office has the following powers:

* * *

(2) To specify priority of liens against any facilities,

apparatus equipment, ambulances, rescue vehicles or any

equipment purchased by [volunteer] fire companies using funds

loaned under this subchapter to pay all or any part of the

purchase price, as the office may require by established

guidelines and procedures. The commissioner may specify the

type of liens or collateral authorized as security under this

paragraph.

* * *

§ 7371. Disposition and use of proceeds.

(a) General rule.--The proceeds realized from the sale of

bonds under this subchapter shall be paid into the [Volunteer

Companies Loan Fund] fund and are specifically dedicated to the

purposes of the referenda of November 4, 1975, November 3, 1981,

November 6, 1990, and November 5, 2002, and the referendum

specified under section 7378.4 (relating to referendum to expand

loan assistance), as implemented by this subchapter. The moneys

shall be paid by the State Treasurer periodically to those

agencies or authorities authorized to expend the moneys at such

times and in such amounts as may be necessary to satisfy the

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funding needs of the agency or authority.

(b) Investing.--Pending their application to the purposes

authorized, moneys held or deposited by the State Treasurer may

be invested or reinvested as are other funds in the custody of

the State Treasurer in the manner provided by law. All earnings

received from the investment or deposit of such funds shall be

paid into the State treasury to the credit of the [Volunteer

Companies Loan Fund] fund.

§ 7374. [Volunteer Company Loan Sinking Fund] Emergency

Services Loan Assistance Sinking Fund and

investments.

All bonds issued under this subchapter shall be redeemed at

maturity and all interest due from time to time on such bonds

shall be paid from the [Volunteer Company Loan Sinking Fund]

Emergency Services Loan Assistance Sinking Fund, which is hereby

created. For the specific purpose of redeeming bonds issued

under this subchapter at maturity and paying all interest

thereon in accordance with the information received from the

Governor, the General Assembly shall appropriate moneys to the

[Volunteer Company Loan Sinking Fund] Emergency Services Loan

Assistance Sinking Fund for the payment of interest on such

bonds and the principal thereof at maturity. All moneys paid

into the [Volunteer Company Loan Sinking Fund] Emergency

Services Loan Assistance Sinking Fund and all of such moneys not

necessary to pay accruing interest shall be invested by the

Board of Finance and Revenue in such securities as are provided

by law for the investment of the sinking funds of the

Commonwealth.

§ 7376. Repayment obligations for principal and interest.

The General Assembly shall appropriate an amount equal to

moneys received from the office under section 7365 (relating to

[Volunteer Companies Loan Fund] Emergency Services Loan

Assistance Fund) and such other moneys as may be necessary to

meet repayment obligations for principal and interest into the

[Volunteer Company Loan Sinking Fund] Emergency Services Loan

Assistance Sinking Fund.

§ 7378. Temporary financing authorization.

* * *

(d) Proceeds.--The proceeds of all such temporary borrowings

shall be paid into the [Volunteer Companies Loan Fund] fund.

§ 7378.2. Authorization of contracts, reimbursement procedure

and amount.

The following shall apply:

(1) The Secretary of General Services is authorized to

enter into contracts with local [volunteer fire, ambulance

and rescue companies] fire companies or emergency medical

services companies to provide services necessary to

extinguish fires or perform any other allied services on

State-owned property.

(2) The Secretary of Transportation is authorized to

enter into contracts with local [volunteer] fire[, ambulance

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and rescue] companies or emergency medical services companies

to provide services necessary to extinguish fires or perform

any other allied services on limited access highways, other

than the Pennsylvania Turnpike.

§ 7378.3. Reimbursement procedure and amount.

The following shall apply:

(1) A contract between the Secretary of General Services

or the Secretary of Transportation and a local [volunteer]

fire[, ambulance and rescue] company or emergency medical

services company shall provide that the Department of General

Services or the Department of Transportation shall, monthly,

upon receipt of proper proof, reimburse each contracted

[volunteer] fire[, ambulance and rescue] company or emergency

medical services company attending and providing fire control

or other allied services on State-owned property or limited

access highways, as the case may be, a minimum amount of $50

for each verified fire or emergency call and the cost of any

special extinguishing agents utilized, which the [volunteer]

fire[, ambulance and rescue] company or emergency medical

services company made in the preceding month as certified by

the person in charge at the particular State-owned property

or by an individual or individuals designated by the

Secretary of Transportation to verify services rendered on

limited access highways.

(2) A contract between the Department of General

Services or the Department of Transportation and [a local

volunteer ambulance or rescue] an emergency medical services

company shall also provide that the ambulance or rescue

company request reimbursement from collectible insurance

proceeds available as a result of the fire or emergency

situation for which the [ambulance or rescue] emergency

medical services company provided allied services. Proceeds

payable to the [ambulance or rescue] emergency medical

services company shall be deducted from the reimbursement for

services provided pursuant to a contract entered into under

this subchapter. Prior to payment for services rendered, the

[local volunteer ambulance or rescue] emergency medical

services company shall provide proof that they requested

reimbursement from collectible insurance proceeds.

(3) A false alarm on State-owned property to which a

[volunteer] fire[, ambulance or rescue] company or emergency

medical services company responds shall constitute a fire or

emergency call and shall be reimbursed at a rate set by the

contract with the Secretary of General Services, but shall

not be less than $25 for each occurrence.

Section 5. Title 35 is amended by adding sections to read:

§ 7378.4. Referendum to expand loan assistance.

(a) Referendum.--The question of expanding the use of the

indebtedness authorized under sections 7367 (relating to

authority to borrow) and 7378.1 (relating to referendum for

additional indebtedness) for volunteer loan assistance under

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this subchapter to include municipal fire departments or fire

companies and emergency medical services companies for the

purpose of establishing and modernizing facilities to house

apparatus equipment, ambulances and rescue vehicles, protective

and communications equipment and any other accessory equipment

necessary for the proper performance of such organizations'

duties, shall be submitted to the electorate at the next

primary, municipal or general election held after November 3,

2020.

(b) Certification.--The Secretary of the Commonwealth shall

certify the question to the county boards of election.

substantially the following form:

Do you favor expanding the use of the indebtedness

authorized under the referendum for loans to volunteer

fire companies, volunteer ambulance services and

volunteer rescue squads under 35 Pa.C.S. § 7378.1

(relating to referendum for additional indebtedness) to

include loans to municipal fire departments or companies

that provide services through paid personnel and

emergency medical services companies for the purpose of

establishing and modernizing facilities to house

apparatus equipment, ambulances and rescue vehicles,

protective and communications equipment and any other

accessory equipment necessary for the proper performance

of the duties of the fire companies and emergency medical

services companies?

(d) Election procedure.--The referendum under this section

shall be conducted in accordance with the act of June 3, 1937

(P.L.1333, No.320), known as the Pennsylvania Election Code.

(e) Construction.--This section shall not be construed as

authorizing any additional borrowing for loan assistance to fire

companies or emergency medical services companies.

§ 7378.5. Annual report and distribution of information.

(a) Annual report.--

(1) The office shall produce an annual report, which

shall include all of the following information:

(i) How much money is in the fund at the beginning

of each fiscal year and the balance in the fund at the

end of each fiscal year.

(ii) How many loan applications were received by the

office.

(iii) How many loans were issued under the

Pennsylvania Fire and Emergency Medical Services Loan

Assistance Program.

(iv) The fire companies and EMS companies to which

the loans were issued by the office.

(v) The total amount of loans issued by the office.

(vi) The number and amount of loans for facilities,

apparatus and equipment.

(2) The report shall be posted on the office's publicly

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accessible Internet website and sent to all of the following:

(i) The chair and minority chair of the Veterans

Affairs and Emergency Preparedness Committee of the

Senate.

(ii) The chair and minority chair of the Veterans

Affairs and Emergency Preparedness Committee of the House

of Representatives.

(b) Distribution.--The office shall annually distribute

information on the fund to all fire companies and emergency

medical services companies in this Commonwealth, including

notice of the Pennsylvania Fire and Emergency Medical Services

Loan Assistance Program and the amounts that can be borrowed

under the program.

Section 6. Sections 7382 and 7383 of Title 35 are amended to

read:

§ 7382. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Agency." The Pennsylvania Emergency Management Agency.

"Board." The State Fire Advisory Board.

"Commissioner." The State Fire Commissioner.

["Committee." The Fire Safety Advisory Committee.]

§ 7383. State Fire Commissioner.

(a) State Fire Commissioner.--There shall be a State Fire

Commissioner, who[, through the Lieutenant Governor,] shall

report to the Governor on all matters concerning fire [safety]

services in this Commonwealth. The Office of the State Fire

Commissioner shall be within the agency for administrative

purposes only, and the commissioner shall not report to the

director of the agency. The commissioner shall have the power

and duty to:

[(1) Coordinate the activities of State and local

community interests engaged in fire prevention and control

activities.

(2) Serve as a focal point for information relative to

fires, property damage, injuries and the loss of life.

(3) Disseminate, through periodic reports, information

about fire prevention efforts and fire control techniques.

(4) Develop and participate in a program of public

information and education designed to create a public

awareness of the incidence and the ravages of fire and

methods the individual can take to prevent fires and minimize

loss when they occur.

(5) Serve as a central point to support local efforts

and interests in all matters pertinent to fire prevention and

control.

(b) Transfer.--The commissioner shall use, employ and

expend, in connection with the functions, powers and duties

enumerated in subsection (a) for the position of the

commissioner, contract obligations, if any, records, files,

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property, supplies and equipment now being used or held in

connection with such functions, powers and duties and the

unexpended balance of appropriations, allocations, Federal

grants and other funds available or to be made available for use

in connection with such functions, powers and duties as

previously were vested in the agency by Reorganization Plan No.5

of 1981 (P.L.612).]

(1) Serve as the primary representative for fire

services in this Commonwealth. The commissioner shall work

with Federal agencies to ensure coordination at the State and

local levels.

(2) Serve as chair of the board.

(3) Develop curriculum and provide and assist in the

coordination of fire, rescue and emergency services training,

including online training and issue certifications.

(4) Administer the State Fire Academy.

(5) Collect data, provide analysis and periodic reports

and serve as a focal point for information relative to fires,

property damage, injuries to the public and firefighters and

the loss of life.

(6) Conduct after-action reports on significant

incidents that involve firefighter deaths and significant

injuries.

(7) Administer grant and loan programs for fire,

ambulance and rescue organizations in accordance with this

title or as otherwise provided by law, including assistance

for firefighter relief associations, the Pennsylvania Fire

and Emergency Medical Services Loan Assistance Program, fire

and emergency medical services loan assistance, fire and

emergency medical services grants and money received by the

Office of State Fire Commissioner from the Unconventional Gas

Well Fund.

(8) Assist with Statewide recruitment and retention

efforts.

(9) Hire regional technical advisors to assist fire

companies with grant and loan assistance, mergers,

consolidation and regionalization and promote best practices

for systems improvements.

(10) Promote public education and community risk

reduction efforts.

(11) Administer a fire equipment distributor

certification program as provided by law.

be a person who, by reason of training, experience and

attainment, is qualified to coordinate [fire prevention and

control activities. The commissioner shall be appointed by the

Governor after consultation with the fire service community. The

commissioner shall act as the Commonwealth's primary

representative with the Statewide fire service community.]

services. The commissioner shall have served as a chief officer

or administrative officer in a career, combination or volunteer

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fire company. The commissioner shall be appointed by the

Governor subject to the consent of a majority of the members

elected to the Senate.

Section 7. Title 35 is amended by adding a section to read:

§ 7383.1. Curriculum and training.

(a) Duty to establish guidelines.--The commissioner shall

establish guidelines for the development, delivery and

maintenance of a system of fire and emergency services training.

(b) Training.--Training shall be lecture-based, hands on or

online. Training may be conducted at the Pennsylvania State Fire

Academy, a county training center, a community college, a local

fire station or other appropriate area. The training shall be

incorporated into the Train PA system or any other system

approved by the commissioner.

provide a certificate of completion to an individual who

successfully completes a fire or emergency services training

program.

(d) Publication.--The commissioner shall post a complete

listing of the available fire and emergency services training

courses on the office's publicly accessible Internet website.

Section 8. Sections 7384(a), (b) and (d), 7385 heading, (a)

and (c) and 7386 of Title 35 are amended to read:

§ 7384. Pennsylvania State Fire Academy.

(a) Creation.--There is created the Pennsylvania State Fire

Academy, which shall be under the operational control of the

commissioner. The commissioner shall administratively provide

for the erection or construction, the furnishing, the staffing

and the equipping of buildings and structures through the

Department of General Services and for the leasing thereof by

the Commonwealth for the use and support of the Pennsylvania

State Fire Academy. [The Pennsylvania State Firemen's Training

School and the powers and duties of the Department of Education

and the Public Service Institute Board pertaining to the

Pennsylvania State Firemen's Training School, which were

transferred to the agency under Reorganization Plan No.6 of 1981

(P.L.613) and which are set forth in Subchapter D (relating to

State Firemen's Training School), are hereby transferred to and

vested in the commissioner.

(b) Transfer.--There are transferred to the commissioner, to

be used, employed and expended in connection with the functions,

powers and duties enumerated in subsection (a), personnel,

contract obligations, if any, records, files, property, supplies

and equipment now being used or held in connection with such

functions, powers and duties and the unexpended balance of

appropriations, allocations, Federal grants and other funds

available or to be made available for use in connection with

such functions, powers and duties as previously were vested in

the Department of Education and the Public Service Institute

Board under Subchapter D, and transferred to the agency by

Reorganization Plan No.6 of 1981 (P.L.613).]

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* * *

(d) Firefighter training and certification.--A Statewide

firefighter training program shall be implemented by the

commissioner. [to educate the fire service community about the

importance of firefighter health and safety. This program shall

include measures designed to increase the mobility of training

courses throughout this Commonwealth, to enhance firefighter

accessibility to training course offerings and to improve and

expand training for and response capability to emergencies with

emphasis on hazardous materials incidents.] The program shall

also include [implementation of] a firefighter certification

program in accordance with [parameters developed by the

commissioner consistent with] established standards. The

acquisition of physical resources to enhance Statewide

capability shall be coordinated by the commissioner.

* * *

§ 7385. Pennsylvania [Volunteer] Fire and Emergency Medical

Services Loan Assistance Program.

(a) Creation.--There shall be a loan assistance program,

which shall be implemented by the commissioner, for [volunteer

agencies, known as the Pennsylvania Volunteer Loan Assistance

Program,] fire companies and emergency medical services

companies, known as the Pennsylvania Fire and Emergency Medical

Services Loan Assistance Program, which shall make loans under

Subchapter E (relating to [volunteer fire company, ambulance

service and rescue squad assistance). The Pennsylvania Volunteer

Loan Assistance Program and the powers and duties previously

vested in the Department of Community Affairs, which were

transferred to the agency under Reorganization Plan No.7 of 1981

(P.L.615) and which are set forth under Subchapter E, are hereby

transferred to and vested in the commissioner.] Fire and

Emergency Medical Services Loan Assistance Program).

* * *

[(c) Regulations.--The Volunteer Loan Assistance Program

regulations found in 4 Pa. Code Ch. 113 (relating to volunteer

fire company, ambulance service and rescue squad assistance) are

hereby transferred to the commissioner from the agency. The

commissioner shall fully implement and administer those

regulations on or before January 12, 1996. The commissioner may

be substituted for the agency throughout the regulations and the

regulations may be renumbered and published in the Pennsylvania

Bulletin as final regulations without those regulatory changes

being subject to the provisions of the act of June 25, 1982

(P.L.633, No.181), known as the Regulatory Review Act.]

§ 7386. State Fire [Safety] Advisory [Committee] Board.

(a) Creation.--

(1) There is created the State Fire [Safety] Advisory

[Committee] Board to assist the commissioner. The [committee]

board shall consist of [nine] the following members[, as

follows:

(i) The director of the agency, ex officio.

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(ii) The commissioner, who shall serve as chairman.

(iii) Two paid firefighters to be appointed by the

Governor from a list of at least six nominees submitted

by the Pennsylvania Professional Firefighters

Association.

(iv) One member of the public to be appointed by the

Governor.

(v) Four volunteer firefighters, one each to be

appointed by the President pro tempore of the Senate, the

Minority Leader of the Senate, the Speaker of the House

of Representatives and the Minority Leader of the House

of Representatives.]:

(i) The commissioner, who shall serve as

chairperson.

(ii) The President of the Pennsylvania Professional

Firefighters Association or a designee.

(iii) The President of the Pennsylvania Career Fire

Chiefs Association or a designee.

(iv) The President of the Pennsylvania Fire and

Emergency Services Institute or a designee.

(v) Ten firefighters appointed by the Governor, to

whom the following shall apply:

(A) One member shall be the President, or

designee of the President, of the International

Association of Firefighters in a fire company in a

city of the first class, second class or third class

with a population of at least 115,000 based on the

most recent census, so long as the fire company is

not a member of the Pennsylvania Professional

Firefighters Association.

(B) Except for the member under clause (A), the

following apply:

(I) One member shall be a certified fire

service instructor.

(II) Members shall be:

(a) current members of a fire company or

currently serving or have served within the

past five years as a chief officer or

administrative officer of a fire company; and

(b) certified as Firefighter I or its

equivalent.

(III) One member shall be selected from each

of the following regions:

(a) Region 1 - Crawford, Erie, Forest,

Venango and Warren Counties.

(b) Region 2 - Allegheny, Armstrong,

Beaver, Butler, Cambria, Fayette, Greene,

Indiana, Lawrence, Mercer, Somerset,

Washington and Westmoreland Counties.

Clearfield, Elk, Jefferson and McKean

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Counties.

(d) Region 4 - Bedford, Blair, Centre,

Fulton, Huntingdon, Juniata, Mifflin and

Snyder Counties.

(e) Region 5 - Bradford, Clinton,

Lycoming, Potter, Sullivan, Tioga and Union

Counties.

(f) Region 6 - Adams, Cumberland,

Dauphin, Franklin, Lancaster, Lebanon, Perry

and York Counties.

(g) Region 7 - Berks, Columbia, Luzerne,

Montour, Northumberland, Schuylkill and

Wyoming Counties.

(h) Region 8 - Carbon, Lackawanna,

Lehigh, Monroe, Northampton, Pike,

Susquehanna and Wayne Counties.

(i) Region 9 - Bucks, Chester, Delaware,

Montgomery and Philadelphia Counties.

(2) Members of the [committee] board shall serve at the

pleasure of their appointing authority. [The committee shall

advise the commissioner on matters pertaining to the

operation of the Pennsylvania State Fire Academy and any

other matters as the commissioner may request.]

(3) The chairperson and minority chairperson of the

Veterans Affairs and Emergency Preparedness Committee of the

Senate and the chairperson and minority chairperson of the

Veterans Affairs and Emergency Preparedness Committee of the

House of Representatives, or their designees, shall serve as

nonvoting members of the board.

(4) The Governor may appoint the following as nonvoting

members of the board:

(i) The director of the agency.

(ii) The Director of the Bureau of Emergency Medical

Services of the Department of Health.

(iii) Representatives of the following:

(A) The Pennsylvania Association of Hazardous

Materials Technicians.

(B) The Pennsylvania Association of Fire

Equipment Distributors.

Pennsylvania.

(D) The Pennsylvania Municipal League.

(E) The Pennsylvania State Association of

Township Commissioners.

(F) The Pennsylvania State Association of

Township Supervisors.

(G) The Pennsylvania State Association of

Boroughs.

(H) The Pennsylvania Association of Councils of

Governments.

(I) Trade associations.

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(J) Fire equipment and apparatus vendors.

(K) Members of the public.

(5) Members of the board initially appointed by the

Governor under paragraph (1)(v) shall serve an initial term

of two years as designated by the Governor at the time of

appointment. Upon the expiration of the initial term of

office of each member of the board as appointed under

paragraph (1)(v), the member shall hold office for a term of

four years and may continue to hold office for a period of

time not to exceed six months or until a successor is

appointed and qualified, whichever occurs first. Upon the

death, resignation or removal from office of any person so

appointed, the Governor shall appoint a competent person to

serve for the unexpired term.

(6) Upon the completion of a member's term who was

appointed under paragraph (1)(v)(A), the Governor shall not

appoint the succeeding member from the same class of city as

the previous two outgoing members.

(b) Expenses.--Members of the [committee] board shall

receive reimbursement for reasonable travel[, hotel] and other

necessary expenses incurred in the performance of their duties

in accordance with Commonwealth regulations.

the times and places as called upon by the commissioner. All

meetings of the board shall comply with 65 Pa.C.S. Ch. 7

(relating to open meetings).

(d) Duties.--The board shall advise the commissioner on

matters pertaining to the following:

(1) Legislation.

(2) Innovative programming.

(3) Standards of cover for municipalities.

(4) Operation of the Pennsylvania State Fire Academy.

(5) Any other matters as the commissioner may request or

as directed by the General Assembly.

Section 9. The heading of Subchapter B of Chapter 74 of

Title 35 is amended to read:

SUBCHAPTER B

FIRE RELIEF ASSOCIATION

Section 10. The definition of "volunteer firefighters'

relief association" in section 7412 of Title 35 is amended and

the section is amended by adding definitions to read:

§ 7412. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Commissioner." The State Fire Commissioner.

"Fire company." A volunteer fire company, a municipal fire

company or a combined volunteer and municipal fire company

located in this Commonwealth.

* * *

"Length of service award program." A system established by a

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volunteer fire company or volunteer firefighters' relief

association to provide tax-deferred income benefits to active

volunteer members of a fire service.

"Volunteer fire company." As defined in section 7802

(relating to definitions).

* * *

"Volunteer firefighters' relief association." An

organization formed primarily to afford financial protection to

volunteer firefighters against the consequences of misfortune

suffered as a result of their participation in the fire service.

The organization may contain within its membership the members

of one or more [fire companies] volunteer fire companies or fire

companies that are a combination of a volunteer fire company and

a municipal fire company, and may serve secondary purposes, as

set forth in this subchapter, but only if adequate provisions

have been first made to serve the primary purpose.

Section 11. Section 7413 introductory paragraph, (1) and (4)

of Title 35 are amended and the section is amended by adding a

paragraph to read:

§ 7413. Statement of purpose.

The purpose of this subchapter is to encourage individuals to

take part in the fire service as volunteer firefighters by

establishing criteria and standards for orderly administration

and conduct of affairs of firefighters' relief associations to

ensure, as far as circumstances will reasonably permit, that

funds shall be available for the assistance to and protection of

volunteer firefighters and their heirs in order to provide:

(1) Financial assistance to volunteer firefighters who

may suffer physical or mental injury or misfortune by reason

of their participation in the fire service.

* * *

(4) Safeguards for preserving life, health and safety of

volunteer firefighters to ensure their availability to

participate in the fire service, including necessary

training.

* * *

(6.1) Financial assistance to recruit and retain

volunteer firefighters.

* * *

Section 12. Section 7416(a) and (f)(11), (13) and (14) of

Title 35 are amended and subsection (f) is amended by adding

paragraphs to read:

§ 7416. Funds.

(a) General rule.--A volunteer firefighters' relief

association may solicit and receive gifts and contributions from

any source, including municipal corporations, but shall not have

the right to receive any portion of the money distributed to

political subdivisions of this Commonwealth under Chapter 7 of

the act of December 18, 1984 (P.L.1005, No.205), known as the

Municipal Pension Plan Funding Standard and Recovery Act, unless

and until the governing body of at least one political

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subdivision shall have certified to the [Auditor General]

commissioner that the association is a bona fide volunteer

firefighters' relief association, affiliated with a fire company

which affords protection against fire to all or a portion of the

political subdivision. This section shall include any non-fire-

company-affiliated relief association in existence and receiving

funds as provided for under this subchapter prior to November

23, 2010.

* * *

(f) Use.--Funds of any volunteer firefighters' relief

association may be spent:

* * *

(11) To purchase safeguards for preserving life, health

and safety of volunteer firefighters to ensure their

availability to participate in the volunteer fire service,

including necessary training.

* * *

(13) To maintain comprehensive health, physical fitness

and physical monitoring programs that provide for physical

fitness activities, nutrition education and supplies and

instruction and health and fitness evaluation and monitoring,

provided that the programs have been approved by the nearest

State-licensed health care facility which is authorized to

provide that service.

(14) To purchase exercise and fitness equipment for use

by volunteer firefighters[, except that expenditures for

exercise and fitness equipment shall not exceed $2,000 in any

two-year period].

* * *

(19) To provide financial assistance for activities and

materials needed to aid in the recruitment and retention of

volunteer firefighters.

(20) To establish and pay for length of service award

programs.

(21) To pay for facilities for storage of emergency

vehicles and equipment, training and meetings.

(22) To pay for vehicles used for emergency response.

(23) To purchase equipment used for emergency response.

(24) To defray the cost of obtaining or renewing a

commercial driver's licenses under 75 Pa.C.S. Ch. 16

(relating to commercial drivers) for volunteer firefighters

who are residents of this Commonwealth to operate fire or

emergency vehicles registered to fire companies or

municipalities.

(25) To pay for stipends to volunteer firefighters, not

to exceed $1,500 per year.

Section 13. Section 7418 of Title 35 is amended to read:

§ 7418. Audits.

(a) General rule.--

(1) The Office of Auditor General shall have the power

and its duty shall be to audit the accounts and records of

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every volunteer firefighters' relief association receiving

money under Chapter 7 of the act of December 18, 1984

(P.L.1005, No.205), known as the Municipal Pension Plan

Funding Standard and Recovery Act, as far as may be necessary

to satisfy the Auditor General that the money received was or

is being expended for no purpose other than that authorized

by this subchapter. Copies of all audits shall be furnished

to the Governor.

(2) The commissioner, in consultation with the Fire

Advisory Committee, shall establish and publish annually, on

the Office of the State Fire Commissioner's publicly

accessible Internet website, eligible uses of the money in

accordance with this subchapter.

(3) The commissioner may receive inquiries from the fire

services on eligible uses of money and, in consultation with

the Fire Advisory Committee, make a determination on the

eligible use of money on the equipment or service that is the

subject of the inquiry.

(4) Notwithstanding paragraph (1), the commissioner

shall maintain authority relating to the eligible uses of

money received.

(b) Findings.--If the Auditor General finds that [any] money

received by a volunteer firefighters' relief association has

been expended for a purpose other than one authorized by this

subchapter, the commissioner, upon receiving notice of the

findings from the Auditor General, shall [immediately notify the

Governor and shall] decline to approve [further requisitions

calling for] payment to the volunteer firefighters' relief

association until the improperly expended amount has been

reimbursed to the relief association fund.

Section 14. Title 35 is amended by adding a section to read:

§ 7419.1. Fire relief formula study.

(a) Study.--The Fire Advisory Committee shall have the

following duties:

(1) Review and make findings and recommendations

regarding the fire relief funding formula and fire relief

services in this Commonwealth.

(2) Hold public meetings regarding the fire relief

funding formula and fire relief services in different regions

of this Commonwealth.

(3) Consult with and utilize experts to assist the

committee in carrying out its duties under this section.

(4) Receive input from interested parties and take into

consideration the diverse nature of fire services in this

Commonwealth.

(5) Draft proposed legislation based on the committee's

findings and recommendations regarding the fire relief

funding formula and fire relief services.

(6) No later than November 30, 2022, issue a report on

the committee's findings and recommendations regarding the

fire relief funding formula and fire relief services to all

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of the following:

(i) The Governor.

(ii) The commissioner.

(iii) The President pro tempore of the Senate.

(iv) The Majority Leader and Minority Leader of the

Senate.

(v) The Veterans Affairs and Emergency Preparedness

Committee of the Senate.

(vi) The Speaker of the House of Representatives.

(vii) The Majority Leader and Minority Leader of the

House of Representatives.

(viii) The Veterans Affairs and Emergency

Preparedness Committee of the House of Representatives.

(b) Construction.--Nothing in this section shall be

construed to authorize a fire relief funding formula to go into

effect without being approved by an act of the General Assembly.

Section 15. The definition of "fire company" in section 7802

of Title 35 is amended and the section is amended by adding a

definition to read:

§ 7802. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Airport fire company." A fire company that does all of the

following:

(1) Is associated with an airport.

(2) Has a mutual aid agreement with a neighboring

municipality.

(3) Has responded to at least 15 emergency calls

annually to neighboring fire companies as provided in

documentation requested by the State Fire Commissioner.

* * *

"Fire company." A volunteer fire company [or], a municipal

fire company or a combined volunteer and municipal fire company

located in this Commonwealth. The term includes an airport fire

company.

* * *

Section 16. Sections 7811 and 7812 of Title 35 are amended

to read:

§ 7811. Establishment.

The Fire Company Grant Program is established and shall be

administered by the [agency in consultation with the]

commissioner. Grants provided under this program shall be used

to improve and enhance the capabilities of [the fire company]

fire companies to provide firefighting, ambulance and rescue

services.

§ 7812. Publication and notice.

The [agency] commissioner shall publish notice of the grant

program availability through the Legislative Reference Bureau

for publication in the Pennsylvania Bulletin[:

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(1) within 30 days of June 28, 2007, for the fiscal

years beginning July 1, 2006, and July 1, 2007; and

(2)] by August 8 for [fiscal years beginning after June

30, 2008.] each fiscal year. The commissioner shall post a

notice of the grant program and application for the grant

program on the Office of the State Fire Commissioner's

publicly accessible Internet website.

Section 17. Section 7813(a), (c) and (d) of Title 35 are

amended, subsection (b) is amended by adding a paragraph and the

section is amended by adding a subsection to read:

§ 7813. Award of grants.

(a) Authorization.--The [agency] commissioner is authorized

to make a grant award to each eligible fire company for the

following:

(1) Construction and renovation of [the fire company's

facility] facilities and purchase or repair of fixtures and

furnishings, office equipment and support services necessary

to maintain or improve the capability of the company to

provide fire, ambulance and rescue services.

(2) Repair of firefighting, ambulance or rescue

equipment or purchase thereof.

(3) Debt reduction associated with paragraph (1) or (2).

(4) Training and certification of members.

(5) [Training and education] Education of the general

public regarding fire prevention and community risk

reduction.

(6) Recruitment and retention, including, but not

limited to, volunteer firefighter length of service award

programs and programs for minors.

(7) Revenue loss for grants issued in 2021 and 2022.

* * *

(b) Limits.--

* * *

(4) A fire company may only apply for a grant for up to

five years for the purpose under subsection (e).

(1) [Within 30 days of June 28, 2007, for the fiscal

years beginning July 1, 2006, and July 1, 2007, and by] By

September [1] 8 of each year [thereafter], the [agency]

commissioner shall provide applications and written

instructions for grants under this chapter to:

(i) except as set forth in subparagraph (ii), the

fire chief and president of every fire company; or

(ii) in the case of a municipal fire company, the

chief executive of the municipality.

(2) [Within 45 days of June 28, 2007, for the fiscal

years beginning July 1, 2006, and July 1, 2007, and by

September 8 of each year thereafter, the agency shall provide

applications to individuals specified in paragraph (1). The

application for the fiscal years commencing July 1, 2006, and

July 1, 2007, shall be a combined application.] Fire

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companies seeking grants under this chapter shall submit

completed applications to the [agency] commissioner and the

municipalities where the fire companies are located. The

application period shall remain open for 45 days each year.

The agency shall act to approve or disapprove applications

within 60 days of the application submission deadline each

year. Applications which have not been approved or

disapproved by the [agency] commissioner within 60 days after

the close of the application period each year shall be deemed

approved.

(d) Eligibility.--To receive grant funds under this chapter,

a fire company must:

(1) Have actively responded to at least [10] 15 fire or

rescue emergencies during the previous calendar year.

(2) Be actively participating in the Pennsylvania Fire

Information Reporting System under a signed agreement. The

commissioner shall develop and publish guidelines specifying

the criteria necessary to determine the level of

participation in the Pennsylvania Fire Information Reporting

System to remain eligible for grant funds.

(e) Construction Savings Account.--A fire company may apply

for a grant under subsection (a) for the purpose of constructing

a new facility. The grant shall be deposited into the

Construction Savings Account, which is established within the

State Treasury. Money in the Construction Savings Account may be

withdrawn by application of the fire company. The Construction

Savings Account shall be administered by the commissioner. The

following shall apply:

(1) A fire company may only access money in the

Construction Savings Account for emergency purposes and at

the discretion of the commissioner.

(2) For a fire company to withdraw money from the

Construction Savings Account:

(i) The application shall contain the signatures of

two duly elected officers of the fire company.

(ii) The fire company shall indicate on the

application how the money is going to be used under

subsection (a).

(3) Any interest accrued on the Construction Savings

Account may be used by the commissioner for administrative

purposes.

Section 18. Sections 7814, 7821, 7822 and 7823(a) and (c) of

Title 35 are amended to read:

§ 7814. Consolidation incentive.

If[, after July 31, 2003,] two or more volunteer fire

companies consolidate their use of facilities, equipment,

firefighters and services, the consolidated entity may, upon

notification of the [agency] commissioner, be eligible for a

reduction of the interest rate payable on any outstanding

principal balance owed, as of the date of consolidation, by any

or all of the consolidating companies to the [Volunteer

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Companies Loan Fund] Emergency Services Loan Assistance Fund for

loans made under the act of July 15, 1976 (P.L.1036, No.208),

known as the Volunteer Fire Company, Ambulance Service and

Rescue Squad Assistance Act, or under Subchapter E of Chapter 73

(relating to [volunteer fire company, ambulance service and

rescue squad assistance] Fire and Emergency Medical Services

Loan Assistance Program). The reduction in the interest rate

payable shall be from 2% to 1%. Upon receipt of such

notification, the [agency, in conjunction with the State Fire

Commissioner,] commissioner shall determine and verify that the

consolidated entity is in fact a bona fide consolidated

volunteer fire company. If the [agency] commissioner determines

that the consolidated entity is a bona fide consolidated

volunteer fire company, [it] the commissioner shall reduce the

interest rate payable on any outstanding principal balance owed

to the [Volunteer Companies Loan Fund] Emergency Services Loan

Assistance Fund for loans made under the former Volunteer Fire

Company, Ambulance Service and Rescue Squad Assistance Act, or

under Subchapter E of Chapter 73, for which the consolidating

companies or the consolidated entity may be individually or

jointly responsible. The [agency] commissioner may promulgate

such rules and regulations as may be necessary to carry out the

provisions of this section.

§ 7821. Establishment.

The Emergency Medical Services Grant Program is established

and shall be administered by the [agency] commissioner. Grants

provided under this program shall be used to improve and enhance

the capabilities of EMS [companies] to provide ambulance,

emergency medical, basic life support and advanced life support

services.

§ 7822. Publication and notice.

The [agency] commissioner shall publish notice of the grant

program availability through the Legislative Reference Bureau

for publication in the Pennsylvania Bulletin[:

(1) within 30 days of June 28, 2007, for the fiscal

years beginning July 1, 2006, and July 1, 2007; and

(2)] by August 8 for [fiscal years beginning after June

30, 2008] each fiscal year.

§ 7823. Award of grants.

(a) Authorization.--The [agency] commissioner is authorized

to make a grant award to each eligible EMS company for the

following:

(1) Construction and renovation of the EMS company's

[facility] facilities and purchase or repair of fixtures,

furnishings, office equipment and support services necessary

to maintain or improve the capability of the [ambulance

service] services to provide ambulance, emergency medical,

basic life support and advanced life support services.

(2) Repair of ambulance equipment or purchase thereof.

(3) Debt reduction associated with paragraph (1) or (2).

(4) Training and certification of members.

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(5) Education of the general public regarding community

risk reduction programs.

(6) Recruitment and retention programs, including, but

not limited to, programs for minors.

(7) Revenue loss for grants issued in 2021 and 2022.

* * *

(1) [Within 30 days of June 28, 2007, for the fiscal

years commencing July 1, 2006, and July 1, 2007, and by] By

September [1] 8 of each year [thereafter], the [agency]

commissioner shall provide applications and written

instructions for grants under this chapter to the president

or lead officer of every EMS company in this Commonwealth.

(2) [Within 45 days of the effective date of June 28,

2007, for the fiscal years commencing July 1, 2006, and July

1, 2007, and by September 8 of each year, the agency shall

provide applications to the president of every EMS company.

The application for the fiscal years commencing July 1, 2006,

and July 1, 2007, shall be a combined application.] EMS

companies seeking grants under this chapter shall submit

completed applications to the [agency] commissioner. The

application period shall remain open for 45 days each year.

The [agency] commissioner shall act to approve or disapprove

applications within 60 days of the application submission

deadline each year. Applications which have not been approved

or disapproved by the [agency] commissioner within 60 days

after the close of the application period each year shall be

deemed approved.

Section 19. Subchapter C of Chapter 78 of Title 35 is

amended by adding a section to read:

§ 7824. Consolidation incentive.

After January 1, 2020, if two or more emergency medical

services companies consolidate their use of facilities,

equipment and services, the consolidated entity may, upon

notification of the commissioner, be eligible for a reduction of

the interest rate payable on any outstanding principal balance

owed, as of the date of consolidation, by any or all of the

consolidating companies to the Emergency Services Loan

Assistance Fund for loans made under Subchapter E of Chapter 73

(relating to Fire and Emergency Medical Services Loan Assistance

Program). The reduction in the interest rate payable shall be

from 2% to 1%. Upon receipt of such notification, the

commissioner shall determine and verify that the consolidated

entity is in fact a bona fide consolidated emergency medical

services company. If the commissioner determines that the

consolidated entity is a bona fide consolidated emergency

medical services company, the commissioner shall reduce the

interest rate payable on any outstanding principal balance owed

to the Emergency Services Loan Assistance Fund for loans made

under Subchapter E of Chapter 73, for which the consolidating

companies or the consolidated entity may be individually or

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jointly responsible. The commissioner may promulgate such rules

and regulations as may be necessary to carry out the provisions

of this section.

Section 20. Sections 7831, 7832, 7832.1, 7833, 7841 and

7842(b) of Title 35 are amended to read:

§ 7831. Fire Company Grant Program.

The sum of $22,000,000 of the amount appropriated to the

[agency] commissioner for fire company grants under section

1799-E of the act of April 9, 1929 (P.L.343, No.176), known as

The Fiscal Code, shall be expended for the purpose of making

grants to eligible fire companies under Subchapter B (relating

to fire company grant program).

§ 7832. Emergency Medical Services Company Grant Program.

The sum of $3,000,000 of the amount appropriated to the

[agency] commissioner for EMS company grants under section 1799-

E of the act of April 9, 1929 (P.L.343, No.176), known as The

Fiscal Code, shall be expended for the purpose of making grants

to eligible EMS companies under Subchapter C (relating to

emergency medical services grant program).

§ 7832.1. Additional funding.

In addition to sums transferred from the State Gaming Fund

and under section 2413(a)(1) of the act of March 4, 1971 (P.L.6,

No.2), known as the Tax Reform Code of 1971, the sum of

$5,000,000 shall be transferred annually from the Property Tax

Relief Reserve Fund to the Fire Company Grant Program for the

purpose of making grants to eligible fire companies under this

subchapter.

§ 7833. Allocation of appropriated funds.

(a) Administration.--

(1) Except as provided under paragraph (2), no money

from the appropriation for grants shall be used for expenses

or costs incurred by the [agency] commissioner for the

administration of the grant programs authorized under

Subchapters B (relating to fire company grant program) and C

(relating to emergency medical services grant program).

(2) Notwithstanding paragraph (1), the commissioner may

use not more than $800,000 of any unencumbered funds

remaining in the fund for administrative costs for grant

program implementation under this chapter.

(b) Grant allocation.--Unless otherwise expressly stated,

money appropriated to the [agency] commissioner for purposes of

fire company and EMS company grants shall be allocated as

follows:

(1) Eighty-eight percent of the amount appropriated

shall be used for making grants to eligible fire companies

under Subchapter B.

(2) Twelve percent of the amount appropriated shall be

used for making grants to eligible EMS companies under

Subchapter C.

§ 7841. Expiration of authority.

The authority of the [agency] commissioner to award grants

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under Subchapters B (relating to fire company grant program) and

C (relating to emergency medical services grant program) shall

expire [June 30, 2020] June 30, 2024.

§ 7842. Special provisions.

* * *

(b) Delinquency.--An applicant for a grant under this

chapter who is delinquent in loan payments to the Pennsylvania

[Volunteer Loan Assistance Program established under the act of

July 15, 1976 (P.L.1036, No.208), known as the Volunteer Fire

Company, Ambulance Service and Rescue Squad Assistance Act,]

Fire and Emergency Medical Services Loan Assistance Program must

use its grant funds to pay any arrears to the Commonwealth or it

will not be qualified to receive a grant. Any organization that

fails to comply with this subsection shall be disqualified from

applying to the grant program for a period of [three] five

years.

* * *

Section 21. Title 35 is amended by adding a section to read:

§ 7843. Annual reports.

(a) Contents.--The commissioner shall prepare an annual

report on the Fire Company Grant Program and Emergency Medical

Services Grant Program. The annual report shall include all of

the following information:

(1) The total number of fire companies and EMS companies

that were notified of the grant programs.

(2) The total number of fire companies and EMS companies

that submitted applications for the grant programs.

(3) The total number of fire companies and EMS companies

that were approved for grants.

(4) An analysis of how the grants were used for

facilities, equipment, debt reduction, training and

certification, the education of the general public,

construction savings accounts and recruitment and retention,

including length of service award programs, as delineated by

county and municipality.

(5) A list of the fire companies as delineated by county

that received additional grants under section 7813(a.2)

(relating to award of grants).

(6) A list of the different entities that received

grants, including career fire companies, volunteer fire

companies, career emergency medical services companies and

volunteer EMS companies.

(7) A list of the different reasons why grants were not

issued to fire companies and EMS companies, including, but

not limited to, the following:

(i) Failure to submit applications for the grant

programs.

(ii) Failure to run calls for emergencies.

(iii) Delinquencies and bankruptcies.

(8) A list of the fire companies and EMS companies that

utilized the grants to pay off loans under the Pennsylvania

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Fire and Emergency Medical Services Loan Assistance Program.

(b) Submission.--The commissioner shall submit the annual

report by October 1, 2020, and by October 1 of each year

thereafter, to all of the following:

(1) The chair and minority chair of the Veterans Affairs

and Emergency Preparedness Committee of the Senate.

(2) The chair and minority chair of the Veterans Affairs

and Emergency Preparedness Committee of the House of

Representatives.

on the Office of the State Fire Commissioner's publicly

accessible Internet website.

Section 22. The definitions of "governing body" and

"municipality" in section 79A03 of Title 35 are amended to read:

§ 79A03. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Governing body." A governing body of a county, city

council, borough council, incorporated town council, board of

township commissioners, board of township supervisors, governing

body of a school district, governing council of a home rule

municipality or optional plan municipality or a governing

council of any similar purpose government which may be created

by statute after the effective date of this section and which

has adopted a tax credit under this chapter.

* * *

"Municipality." Any county, city, borough, incorporated

town, township, home rule municipality, optional plan

municipality, optional charter municipality [or any], similar

general purpose unit of government which may be created or

authorized by statute or any school district.

* * *

Section 23. Section 79A11(a) and (b), 79A13 and 79A24(b) of

Title 35 are amended to read:

§ 79A11. Program authorization.

(a) Establishment.--A municipality that levies an earned

income tax may establish by ordinance or resolution a tax credit

against an individual's liability imposed under Chapter 3 of the

Local Tax Enabling Act for active service as a volunteer.

(b) Amount.--A municipality shall set forth in the ordinance

or resolution the total amount of the tax credit that will be

offered to an individual. If an individual's earned income tax

liability is less than the amount of the tax credit offered, the

individual's tax credit must equal the individual's tax

liability.

* * *

§ 79A13. Real property tax credit.

The governing body of a municipality may provide, by

ordinance or resolution, for a tax credit against real property

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tax to be granted to an active volunteer. The tax credit shall

apply to tax levied on residential real property owned and

occupied by an active volunteer who is certified under section

79A23 (relating to certification). The amount of the tax credit

authorized by an ordinance [shall not exceed 20%] or resolution

may not exceed 100% of the tax liability of the active

volunteer.

§ 79A24. Rejection and appeal.

* * *

(b) Appeal.--An active volunteer shall have the right to

appeal a claim that has been rejected by a governing body. The

governing body shall establish, by ordinance or resolution, the

procedure by which a rejected claim can be appealed.

Section 24. Title 35 is amended by adding sections to read:

§ 79A32. Intergovernmental cooperation.

A council of governments, consortium or other similar entity

of which the municipality is a member may provide for the joint

creation and administration of a volunteer service credit

program and tax credits adopted by its members. A governing body

may, by ordinance or resolution, delegate to the entity its

powers and duties under Subch. C (relating to volunteer service

credit), including the process of rejecting and appealing claims

under section 79A24 (relating to rejection and appeal).

§ 79A33. Duties of State Fire Commissioner.

The State Fire Commissioner shall:

(1) Establish guidelines for municipalities, volunteer

fire companies and nonprofit EMS agencies regarding the tax

credit and post the guidelines online.

(2) Require municipalities and entities under this

section to notify the State Fire Commissioner of the adoption

of a tax credit.

(3) Provide an annual report on the tax credit

authorized under this chapter to the Chairman and Minority

Chairman of the Veterans Affairs and Emergency Preparedness

Committee of the Senate and the Veterans Affairs & Emergency

Preparedness Committee of the House of Representatives which

shall include:

(i) Each municipality that provides the tax credit.

(ii) The amount of the tax credit.

Section 25. The following shall apply for the fiscal year

beginning after June 30, 2020, and ending before July 1, 2021:

(1) The following shall apply to fire company grants

under 35 Pa.C.S. Ch. 78 Subch. B (relating to fire company

grant program):

(i) Notwithstanding 35 Pa.C.S. § 7812 (relating to

publication and notice), the State Fire Commissioner

shall, within five days of the effective date of this

section, transmit notice of the Fire Company Grant

Program availability to the Legislative Reference Bureau

for publication in the Pennsylvania Bulletin.

(ii) Notwithstanding 35 Pa.C.S. § 7813(c) (relating

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to award of grants), the following shall apply:

(A) Within 15 days of the date of publication of

the notice under subparagraph (i), the State Fire

Commissioner shall provide written instructions for

grants under 35 Pa.C.S. Ch. 78 Subch. B to:

(I) except as set forth in subclause (II),

the fire chief and president of every fire

company; or

(II) in the case of a municipal fire

company, the chief executive of the municipality.

(B) Within 45 days of the date of publication of

the notice under subparagraph (i), the State Fire

Commissioner shall provide applications to

individuals specified in clause (A). Fire companies

seeking grants under 35 Pa.C.S. Ch. 78 Subch. B shall

submit completed applications to the State Fire

Commissioner. The application period shall remain

open for 45 days. The State Fire Commissioner shall

act to approve or disapprove applications within 60

days of the application submission deadline.

Applications which have not been approved or

disapproved by the State Fire Commissioner within 60

days after the close of the application period shall

be deemed approved.

(2) The following shall apply to emergency medical

services grants under 35 Pa.C.S. Ch. 78 Subch. C (relating to

Emergency Medical Services Grant Program):

(i) Notwithstanding 35 Pa.C.S. § 7822 (relating to

publication and notice), the State Fire Commissioner

shall, within five days of the effective date of this

section, transmit notice of the Emergency Medical

Services Grant Program availability to the Legislative

Reference Bureau for publication in the Pennsylvania

Bulletin.

(ii) Notwithstanding 35 Pa.C.S. § 7823(c) (relating

to award of grants), the following shall apply:

(A) Within 15 days of the date of publication of

the notice under subparagraph (i), the State Fire

Commissioner shall provide written instructions for

grants under 35 Pa.C.S. Ch. 78 Subch. C to the

president of every emergency medical services company

in this Commonwealth.

(B) Within 45 days of the date of publication of

the notice under subparagraph (i), the State Fire

Commissioner shall provide applications to

individuals specified in clause (A). Emergency

medical services companies seeking grants under 35

Pa.C.S. Ch. 78 Subch. C shall submit completed

applications to the State Fire Commissioner. The

application period shall remain open for 45 days. The

State Fire Commissioner shall act to approve or

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disapprove applications within 60 days of the

application submission deadline. Applications which

have not been approved or disapproved by the State

Fire Commissioner within 60 days after the close of

the application period shall be deemed approved.

Section 26. This act shall take effect as follows:

(1) The following provisions shall take effect

immediately:

(i) Section 26 of this act.

(ii) This section.

(iii) The amendment of 35 Pa.C.S. § 7841.

(2) The amendment or addition of the following shall

take effect in six months:

(i) 35 Pa.C.S. Ch. 74 Subch. B heading.

(ii) 35 Pa.C.S. § 7412.

(iii) 35 Pa.C.S. § 7413 introductory paragraph, (1),

(4) and (6.1).

(iv) 35 Pa.C.S. § 7416(a) and (f)(13), (14), (19),

(20), (21), (22), (23), (24) and (25).

(v) 35 Pa.C.S. § 7418(b).

(vi) 35 Pa.C.S. § 7419.1.

(3) The amendment of 35 Pa.C.S. § 7383(c) shall take

effect on January 1, 2022.

(4) The remainder of this act shall take effect in 60

days.

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