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                                                      PRINTER'S NO. 2464

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1899 Session of 2001


        INTRODUCED BY SOLOBAY, SCRIMENTI, BARRAR, BEBKO-JONES, BELARDI,
           BELFANTI, BLAUM, BROWNE, BUXTON, CALTAGIRONE, CAPPELLI,
           CASORIO, M. COHEN, CORRIGAN, COY, CURRY, DALLY, DERMODY,
           DIVEN, FEESE, FLEAGLE, GEORGE, GRUCELA, HALUSKA, HARHAI,
           HESS, HUTCHINSON, JOSEPHS, KELLER, LaGROTTA, LEH, LEVDANSKY,
           MACKERETH, MARKOSEK, CAWLEY, COLEMAN, COSTA, CREIGHTON,
           DALEY, DeLUCA, DeWEESE, EACHUS, FICHTER, FREEMAN, GORDNER,
           GRUITZA, HANNA, HERMAN, HORSEY, JAMES, KAISER, KIRKLAND,
           LAUGHLIN, LESCOVITZ, LUCYK, MANN, MAYERNIK, MELIO, MUNDY,
           PETRARCA, PISTELLA, ROBERTS, RUBLEY, SAINATO, SANTONI,
           SHANER, STEELMAN, T. STEVENSON, SURRA, TIGUE, TRICH, WALKO,
           WASHINGTON, WATSON, WILT, YUDICHAK, S. MILLER, PALLONE,
           PIPPY, READSHAW, ROSS, RUFFING, SAMUELSON, SCHRODER, STABACK,
           STETLER, STURLA, TANGRETTI, TRAVAGLIO, VEON, WANSACZ, WATERS,
           C. WILLIAMS, WOJNAROSKI, J. WILLIAMS AND THOMAS,
           SEPTEMBER 18, 2001

        REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
           PREPAREDNESS, SEPTEMBER 18, 2001

                                     AN ACT

     1  Establishing and funding a grant program for volunteer fire
     2     companies, volunteer ambulance services, water and vehicle
     3     rescue squads and municipal fire departments; and making
     4     appropriations.

     5                         TABLE OF CONTENTS
     6  Chapter 1.  Preliminary Provisions
     7  Section 101.  Short title.
     8  Section 102.  Definitions.
     9  Chapter 3.  Annual Volunteer Fire Company Grant Program
    10  Section 301.  Establishment.
    11  Section 302.  Guidelines and procedures.


     1  Section 303.  Award of grants.
     2  Section 304.  Consolidation.
     3  Chapter 5.  Annual Volunteer Ambulance and Rescue Services
     4                 Grant Program
     5  Section 501.  Establishment.
     6  Section 502.  Guidelines and procedures.
     7  Section 503.  Award of grants.
     8  Chapter 7.  Annual Municipal Fire Department Grant Program
     9  Section 701.  Establishment.
    10  Section 702.  Guidelines and procedures.
    11  Section 703.  Award of grants.
    12  Chapter 9.  Grant Funding Provisions
    13  Section 901.  Annual Volunteer Fire Company Grant Program.
    14  Section 902.  Annual Volunteer Ambulance and Rescue Services
    15                 Grant Program.
    16  Section 903.  Annual Municipal Fire Department Grant Program.
    17  Section 904.  Agency funding.
    18  Chapter 11.  Miscellaneous Provisions
    19  Section 1101.  Effective date.
    20     The General Assembly of the Commonwealth of Pennsylvania
    21  hereby enacts as follows:
    22                             CHAPTER 1
    23                       PRELIMINARY PROVISIONS
    24  Section 101.  Short title.
    25     This act shall be known and may be cited as the Fire and
    26  Emergency Services Annual Grant Act.
    27  Section 2.  Definitions.
    28     The following words and phrases when used in this act shall
    29  have the meanings given to them in this section unless the
    30  context clearly indicates otherwise:
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     1     "Advanced life support services."  The term shall have the
     2  meaning given to it in the act of July 3, 1985 (P.L.164, No.45),
     3  known as the Emergency Medical Services Act.
     4     "Agency."  The Pennsylvania Emergency Management Agency.
     5     "Basic life support services."  The term shall have the
     6  meaning given to it in the act of July 3, 1985 (P.L.164, No.45),
     7  known as the Emergency Medical Services Act.
     8     "Commissioner."  The State Fire Commissioner.
     9     "Facility."  A structure or portion thereof intended for the
    10  purpose of storage or protection of firefighting apparatus,
    11  ambulances and rescue vehicles and related equipment and gear.
    12  The term does not include meeting halls, social halls, social
    13  rooms, lounges or any other facility not directly related to
    14  firefighting or the furnishing of ambulance or rescue services.
    15     "Fiscal year."  One full year beginning on July 1 and ending
    16  on June 30 of the next calendar year.
    17     "Grant program."  The Fire and Emergency Services Annual
    18  Grant Program, and any of its component parts, including the
    19  Annual Volunteer Fire Company Grant Program established under
    20  Chapter 3, the Annual Volunteer Ambulance and Rescue Services
    21  Grant Program established under Chapter 5, and the Annual
    22  Municipal Fire Department Grant Program established under
    23  Chapter 7.
    24     "Invalid coach."  The term shall have the meaning given to it
    25  in the act of July 3, 1985 (P.L.164, No.45), known as the
    26  Emergency Medical Services Act.
    27     "Municipal fire department."  Any department of a
    28  municipality consisting of firefighters or support staff who are
    29  employees of the municipality and whose primary purpose is to
    30  engage in fire protection, firefighting or necessary support
    20010H1899B2464                  - 3 -

     1  services in that municipality. This term does not include a
     2  volunteer fire company that may employ one or more firefighters
     3  or other personnel.
     4     "Volunteer ambulance service."  Any nonprofit chartered
     5  corporation, association or organization located in this
     6  Commonwealth which is licensed by the Department of Health and
     7  is not associated or affiliated with a hospital and which is
     8  regularly engaged in the provision of emergency medical
     9  services, including basic life support or advanced life support
    10  services and the transportation of patients. The term does not
    11  include any corporation, association or organization that is
    12  primarily engaged in the operation of invalid coaches which are
    13  intended for the routine transport of persons who are
    14  convalescent or otherwise nonambulatory and do not ordinarily
    15  require emergency medical treatment while in transit.
    16     "Volunteer fire company."  A nonprofit chartered corporation,
    17  association or organization located in this Commonwealth which
    18  provides fire protection or rescue services and which may offer
    19  other voluntary emergency services within this Commonwealth.
    20  Voluntary emergency services provided by a volunteer fire
    21  company may include voluntary ambulance and voluntary rescue
    22  services.
    23     "Water or vehicle rescue company."  A nonprofit chartered
    24  corporation, association or organization that provides rescue
    25  services as part of the response to fires or accidents involving
    26  vehicles or occurring in a body of water.
    27                             CHAPTER 3
    28            ANNUAL VOLUNTEER FIRE COMPANY GRANT PROGRAM
    29  Section 301.  Establishment.
    30     The Annual Volunteer Fire Company Grant Program is hereby
    20010H1899B2464                  - 4 -

     1  established and shall be administered by the agency in
     2  consultation with the commissioner. Grants provided under this
     3  program shall be used to continually improve and enhance the
     4  capabilities of the volunteer fire company to provide
     5  firefighting, ambulance and rescue services.
     6  Section 302.  Guidelines and procedures.
     7     The agency, in consultation with the commissioner, shall
     8  develop guidelines, procedures and all applications necessary to
     9  implement the annual grant program. The agency shall submit the
    10  guidelines, procedures and applications to the Legislative
    11  Reference Bureau for publication in the Pennsylvania Bulletin
    12  within 30 days after the effective date of this act.
    13  Section 303.  Award of grants.
    14     (a)  Authorization.--The agency is hereby authorized to make
    15  annual grant awards to each eligible volunteer fire company, to
    16  be used for the following:
    17         (1)  Construction or renovation of the fire company's
    18     facility and purchase or repair of fixtures, furnishings,
    19     office equipment and support services necessary to maintain
    20     or improve the capability of the company to provide
    21     firefighting, ambulance and rescue services.
    22         (2)  Purchase or repair of equipment used to provide
    23     firefighting, ambulance or rescue services.
    24         (3)  Retirement or reduction of debt accumulated through
    25     the construction or renovation of facilities, purchase or
    26     repair of fixtures, furnishings, office equipment and support
    27     services or the purchase or repair of equipment.
    28         (4)  Reasonable costs associated with training or
    29     certification of members.
    30     (b)  Eligibility and limits.--
    20010H1899B2464                  - 5 -

     1         (1)  To receive grant funds under this act, a volunteer
     2     fire company shall have actively responded to one or more
     3     fire or rescue emergencies since July 1, 2001, and must sign
     4     an agreement to actively participate in the Pennsylvania Fire
     5     Information Reporting System administered by the agency.
     6         (2)  No volunteer fire company shall be eligible for more
     7     than one grant award per each fiscal year.
     8         (3)  All grant awards shall be equitable, except as
     9     provided under section 304(a) and made upon a pro rata basis
    10     if the total dollar amount of approved applications exceeds
    11     the amount of funds allocated under section 901.
    12     (c)  Application.--
    13         (1)  The agency shall provide applications and a program
    14     summary for grants under this act to the fire chief and
    15     president of every volunteer fire company in this
    16     Commonwealth on or before July 31 of each fiscal year. The
    17     program summary shall include, but not be limited to:
    18             (i)  Limitations on the use of grants.
    19             (ii)  Eligibility criteria.
    20             (iii)  Amount of funding available for the current
    21         fiscal year.
    22             (iv)  Number of grants awarded during the previous
    23         fiscal year.
    24             (v)  Total amount of grants awarded during the
    25         previous fiscal year.
    26         (2)  Volunteer fire companies seeking grants under this
    27     act shall submit completed applications to the agency on or
    28     before October 1 of each fiscal year.
    29     (d)  Agency action.--The agency shall act to approve or
    30  disapprove the application by December 1 of each fiscal year.
    20010H1899B2464                  - 6 -

     1  Applications which have not been approved or disapproved by the
     2  agency by December 1 shall be deemed approved.
     3  Section 304.  Consolidation.
     4     (a)  Financial incentives.--If, after the effective date of
     5  this act, two or more volunteer fire companies consolidate their
     6  use of facilities, equipment, firefighters and services, the
     7  consolidated entity may, upon notification of the agency, be
     8  eligible for:
     9         (1)  Reduction of the interest rate payable on any
    10     outstanding principal balance owed, as of the date of
    11     consolidation, by any or all of the consolidating companies
    12     to the Volunteer Companies Loan Fund for loans made under the
    13     act of July 15, 1976 (P.L.1036, No.208), known as the
    14     Volunteer Fire Company, Ambulance Service and Rescue Squad
    15     Assistance Act. The reduction in the interest rate payable
    16     shall be from 2% to 1%. Upon receipt of such notification,
    17     the agency, in conjunction with the State Fire Commissioner,
    18     shall determine and verify that the consolidated entity is in
    19     fact a bona fide consolidated volunteer fire company. If the
    20     agency determines that the consolidated entity is a bona fide
    21     consolidated volunteer fire company, it shall reduce the
    22     interest rate payable on any outstanding principal balance
    23     owed to the Volunteer Companies Loan Fund for loans made
    24     under the Volunteer Fire Company, Ambulance Service and
    25     Rescue Squad Assistance Act, for which the consolidating
    26     companies or the consolidated entity may be individually or
    27     jointly responsible.
    28         (2)  A grant award equal to the total amount each
    29     volunteer fire company from which the consolidated entity was
    30     created would have been eligible to receive as though it had
    20010H1899B2464                  - 7 -

     1     not consolidated, for a period of five years after the date
     2     of consolidation.
     3     (b)  Regulatory authority.--The agency may promulgate such
     4  rules and regulations as may be necessary to carry out the
     5  provisions of this section.
     6                             CHAPTER 5
     7    ANNUAL VOLUNTEER AMBULANCE AND RESCUE SERVICES GRANT PROGRAM
     8  Section 501.  Establishment.
     9     The Annual Volunteer Ambulance and Rescue Services Grant
    10  Program is hereby established and shall be administered by the
    11  agency. Grants provided under this program shall be used to
    12  continually improve and enhance the capabilities of the
    13  volunteer ambulance and rescue services to provide ambulance,
    14  emergency medical, basic and advanced life support and general
    15  rescue services.
    16  Section 502.  Guidelines and procedures.
    17     The agency shall develop guidelines, procedures and all
    18  applications necessary to implement the annual grant program.
    19  The agency shall submit the guidelines, procedures and
    20  applications to the Legislative Reference Bureau for publication
    21  in the Pennsylvania Bulletin within 30 days after the effective
    22  date of this act.
    23  Section 503.  Award of grants.
    24     (a)  Authorization.--The agency is hereby authorized to make
    25  annual grant awards to each eligible volunteer ambulance service
    26  and water or vehicle rescue company for the following:
    27         (1)  Construction or renovation of the volunteer
    28     ambulance service's facilities and purchase or repair of
    29     fixtures, furnishings, office equipment and support services
    30     necessary to maintain or improve the capability of the
    20010H1899B2464                  - 8 -

     1     ambulance service to provide ambulance, emergency medical,
     2     basic and advanced life support and general rescue services.
     3         (2)  Purchase or repair of ambulance or rescue equipment.
     4         (3)  Retirement or reduction of debt accumulated through
     5     the construction or renovation of facilities, purchase or
     6     repair of fixtures, furnishings, office equipment and support
     7     services or the purchase or repair of equipment.
     8         (4)  Reasonable costs associated with training and
     9     certification of members.
    10     (b) Eligibility and limits.--
    11         (1)  To receive grant funds under this act, a volunteer
    12     ambulance service or a water or vehicle rescue company shall
    13     have actively responded to one or more emergency medical
    14     situations or water or vehicle rescue emergencies since July
    15     1, 2001.
    16         (2)  No volunteer ambulance service or water or vehicle
    17     rescue company shall be eligible for more than one grant
    18     award per each fiscal year.
    19         (3)  All grant awards shall be equitable and made upon a
    20     pro rata basis if the total dollar amount of approved
    21     applications exceeds the amount of funds allocated under
    22     section 902.
    23     (c)  Application.--
    24         (1)  The agency shall provide applications and a program
    25     summary for grants under this act to the fire chief and
    26     president of every volunteer ambulance service and water or
    27     vehicle rescue company in this Commonwealth on or before July
    28     31 of each fiscal year. The program summary shall include,
    29     but not be limited to:
    30             (i)  Limitations on the use of grants.
    20010H1899B2464                  - 9 -

     1             (ii)  Eligibility criteria.
     2             (iii)  Amount of funding available for the current
     3         fiscal year.
     4             (iv)  Number of grants awarded during the previous
     5         fiscal year.
     6             (v)  Total amount of grants awarded during the
     7         previous fiscal year.
     8         (2)  Volunteer ambulance services and water or vehicle
     9     rescue companies seeking grants under this act shall submit
    10     completed applications to the agency on or before October 1
    11     of each fiscal year.
    12     (d)  Agency action.--The agency shall act to approve or
    13  disapprove the application by December 1 of each fiscal year.
    14  Applications which have not been approved or disapproved by the
    15  agency by December 1 shall be deemed approved.
    16                             CHAPTER 7
    17           ANNUAL MUNICIPAL FIRE DEPARTMENT GRANT PROGRAM
    18  Section 701.  Establishment.
    19     The Annual Municipal Fire Department Grant Program is hereby
    20  established and shall be administered by the agency in
    21  consultation with the commissioner. Grants provided under this
    22  program shall be used to continually improve and enhance the
    23  capabilities of the municipal fire departments to provide
    24  firefighting and fire protection services.
    25  Section 702.  Guidelines and procedures.
    26     The agency, in consultation with the commissioner, shall
    27  develop guidelines, procedures and all applications necessary to
    28  implement the annual grant program. The agency shall submit the
    29  guidelines, procedures and applications to the Legislative
    30  Reference Bureau for publication in the Pennsylvania Bulletin
    20010H1899B2464                 - 10 -

     1  within 30 days after the effective date of this act.
     2  Section 703.  Award of grants.
     3     (a)  Authorization.--The agency is hereby authorized to make
     4  annual grant awards to each eligible municipal fire department
     5  to be used for the following:
     6         (1)  Construction or renovation of municipal fire
     7     department facilities and purchase or repair of fixtures,
     8     furnishings, office equipment and support services necessary
     9     to maintain or improve the capability of the company to
    10     provide firefighting, ambulance and rescue services.
    11         (2)  Purchase or repair of equipment used to provide
    12     firefighting, ambulance or rescue services.
    13         (3)  Retirement or reduction of debt accumulated through
    14     the construction or renovation of facilities, purchase or
    15     repair of fixtures, furnishings, office equipment and support
    16     services or the purchase or repair of equipment.
    17         (4)  Reasonable costs associated with training or
    18     certification of members.
    19     (b) Eligibility and limits.--
    20         (1)  To receive grant funds under this act, a municipal
    21     fire department shall have actively responded to one or more
    22     fire or rescue emergencies since July 1, 2001.
    23         (2)  No municipal fire department shall be eligible for
    24     more than one grant award per each fiscal year.
    25         (3)  All grant awards shall be equitable and made upon a
    26     pro rata basis if the total dollar amount of approved
    27     applications exceeds the amount of funds allocated in section
    28     903.
    29     (c) Application.--
    30         (1)  The agency shall provide applications and a program
    20010H1899B2464                 - 11 -

     1     summary for grants under this act to the chief of every
     2     municipal fire department in this Commonwealth on or before
     3     July 31 of each fiscal year. The program summary shall
     4     include, but not be limited to:
     5             (i)  Limitations on the use of grants.
     6             (ii)  Eligibility criteria.
     7             (iii)  Amount of funding available for the current
     8         fiscal year.
     9             (iv)  Number of grants awarded during the previous
    10         fiscal year.
    11             (v)  Total amount of grants awarded during the
    12         previous fiscal year.
    13         (2)  Municipal fire departments seeking grants under this
    14     act shall submit completed applications to the agency on or
    15     before October 1 of each fiscal year.
    16     (d)  Agency action.--The agency shall act to approve or
    17  disapprove the application by December 1 of each fiscal year.
    18  Applications which have not been approved or disapproved by the
    19  agency by December 1 shall be deemed approved.
    20                             CHAPTER 9
    21                      GRANT FUNDING PROVISIONS
    22  Section 901.  Annual Volunteer Fire Company Grant Program.
    23     The sum of $37,000,000, or as much thereof as may be
    24  necessary, is hereby appropriated to the Pennsylvania Emergency
    25  Management Agency for the current fiscal year for the purpose of
    26  making grants to eligible volunteer fire companies under Chapter
    27  3. The General Assembly shall annually include in the
    28  appropriation to the Pennsylvania Emergency Management Agency in
    29  the General Appropriation Act an appropriation from the General
    30  Fund in an amount sufficient to make grants pursuant to Chapter
    20010H1899B2464                 - 12 -

     1  3.
     2  Section 902.  Annual Volunteer Ambulance and Rescue Services
     3                 Grant Program.
     4     The sum of $5,000,000, or as much thereof as may be
     5  necessary, is hereby appropriated to the Pennsylvania Emergency
     6  Management Agency for the current fiscal year for the purpose of
     7  making grants to eligible volunteer ambulance services and water
     8  or vehicle rescue companies under Chapter 5. The General
     9  Assembly shall annually include in the appropriation to the
    10  Pennsylvania Emergency Management Agency in the General
    11  Appropriation Act an appropriation from the General Fund in an
    12  amount sufficient to make grants under Chapter 5.
    13  Section 903.  Annual Municipal Fire Department Grant Program.
    14     The sum of $3,000,000, or as much thereof as may be
    15  necessary, is hereby appropriated to the Pennsylvania Emergency
    16  Management Agency for the current fiscal year for the purpose of
    17  making grants to eligible volunteer fire companies under Chapter
    18  7. The General Assembly shall annually include in the
    19  appropriation to the Pennsylvania Emergency Management Agency in
    20  the General Appropriation Act an appropriation from the General
    21  Fund in an amount sufficient to make grants under Chapter 7.
    22  Section 904.  Agency funding.
    23     The sum of $100,000, or as much thereof as may be necessary,
    24  is hereby appropriated to the Pennsylvania Emergency Management
    25  Agency for the current fiscal year for expenses or costs
    26  incurred by the agency for the administration of the grant
    27  programs authorized under Chapters 3, 5 and 7.
    28                             CHAPTER 11
    29                      MISCELLANEOUS PROVISIONS
    30  Section 1101.  Effective date.
    20010H1899B2464                 - 13 -

     1     This act shall take effect July 1, 2001, or immediately,
     2  whichever is later.



















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