PRINTER'S NO. 152
No. 137 Session of 2003
INTRODUCED BY SOLOBAY, BEBKO-JONES, BELARDI, BELFANTI, BROWNE, BUXTON, CAUSER, CORRIGAN, COY, CREIGHTON, CURRY, DALEY, DERMODY, EACHUS, FREEMAN, GORDNER, HARHAI, HESS, HUTCHINSON, KOTIK, LEH, LEVDANSKY, MANN, S. MILLER, PALLONE, PETRONE, ROBERTS, BUNT, CASORIO, CAWLEY, COSTA, CRAHALLA, CRUZ, DAILEY, DeLUCA, DeWEESE, FLEAGLE, GEORGE, GRUCELA, HERMAN, HORSEY, KIRKLAND, LAUGHLIN, LESCOVITZ, MAHER, MELIO, MUNDY, PETRARCA, PISTELLA, SAINATO, SANTONI, SCHRODER, SHANER, STURLA, TIGUE, WALKO, WILT, WRIGHT, SAYLOR, SCRIMENTI, STABACK, TANGRETTI, TRAVAGLIO, WASHINGTON, WOJNAROSKI AND YEWCIC, FEBRUARY 6, 2003
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, FEBRUARY 6, 2003
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. 12 Section 303. Award of grants. 13 Section 304. Consolidation. 14 Chapter 5. Annual Volunteer Ambulance and Rescue Services
1 Grant Program 2 Section 501. Establishment. 3 Section 502. Guidelines and procedures. 4 Section 503. Award of grants. 5 Chapter 7. Annual Municipal Fire Department Grant Program 6 Section 701. Establishment. 7 Section 702. Guidelines and procedures. 8 Section 703. Award of grants. 9 Chapter 9. Grant Funding Provisions 10 Section 901. Annual Volunteer Fire Company Grant Program. 11 Section 902. Annual Volunteer Ambulance and Rescue Services 12 Grant Program. 13 Section 903. Annual Municipal Fire Department Grant Program. 14 Section 904. Agency funding. 15 Chapter 11. Miscellaneous Provisions 16 Section 1101. Effective date. 17 The General Assembly of the Commonwealth of Pennsylvania 18 hereby enacts as follows: 19 CHAPTER 1 20 PRELIMINARY PROVISIONS 21 Section 101. Short title. 22 This act shall be known and may be cited as the Fire and 23 Emergency Services Annual Grant Act. 24 Section 102. Definitions. 25 The following words and phrases when used in this act shall 26 have the meanings given to them in this section unless the 27 context clearly indicates otherwise: 28 "Advanced life support services." The term shall have the 29 meaning given to it in the act of July 3, 1985 (P.L.164, No.45), 30 known as the Emergency Medical Services Act. 20030H0137B0152 - 2 -
1 "Agency." The Pennsylvania Emergency Management Agency. 2 "Basic life support services." The term shall have the 3 meaning given to it in the act of July 3, 1985 (P.L.164, No.45), 4 known as the Emergency Medical Services Act. 5 "Commissioner." The State Fire Commissioner. 6 "Facility." A structure or portion thereof intended for the 7 purpose of storage or protection of firefighting apparatus, 8 ambulances and rescue vehicles and related equipment and gear. 9 The term does not include meeting halls, social halls, social 10 rooms, lounges or any other facility not directly related to 11 firefighting or the furnishing of ambulance or rescue services. 12 "Fiscal year." One full year beginning on July 1 and ending 13 on June 30 of the next calendar year. 14 "Grant program." The Fire and Emergency Services Annual 15 Grant Program, and any of its component parts, including the 16 Annual Volunteer Fire Company Grant Program established under 17 Chapter 3, the Annual Volunteer Ambulance and Rescue Services 18 Grant Program established under Chapter 5, and the Annual 19 Municipal Fire Department Grant Program established under 20 Chapter 7. 21 "Invalid coach." The term shall have the meaning given to it 22 in the act of July 3, 1985 (P.L.164, No.45), known as the 23 Emergency Medical Services Act. 24 "Municipal fire department." Any department of a 25 municipality consisting of firefighters or support staff who are 26 employees of the municipality and whose primary purpose is to 27 engage in fire protection, firefighting or necessary support 28 services in that municipality. This term does not include a 29 volunteer fire company that may employ one or more firefighters 30 or other personnel. 20030H0137B0152 - 3 -
1 "Volunteer ambulance service." Any nonprofit chartered 2 corporation, association or organization located in this 3 Commonwealth which is licensed by the Department of Health and 4 is not associated or affiliated with a hospital and which is 5 regularly engaged in the provision of emergency medical 6 services, including basic life support or advanced life support 7 services and the transportation of patients. The term does not 8 include any corporation, association or organization that is 9 primarily engaged in the operation of invalid coaches which are 10 intended for the routine transport of persons who are 11 convalescent or otherwise nonambulatory and do not ordinarily 12 require emergency medical treatment while in transit. 13 "Volunteer fire company." A nonprofit chartered corporation, 14 association or organization located in this Commonwealth which 15 provides fire protection or rescue services and which may offer 16 other voluntary emergency services within this Commonwealth. 17 Voluntary emergency services provided by a volunteer fire 18 company may include voluntary ambulance and voluntary rescue 19 services. 20 "Water or vehicle rescue company." A nonprofit chartered 21 corporation, association or organization that provides rescue 22 services as part of the response to fires or accidents involving 23 vehicles or occurring in a body of water. 24 CHAPTER 3 25 ANNUAL VOLUNTEER FIRE COMPANY GRANT PROGRAM 26 Section 301. Establishment. 27 The Annual Volunteer Fire Company Grant Program is hereby 28 established and shall be administered by the agency in 29 consultation with the commissioner. Grants provided under this 30 program shall be used to continually improve and enhance the 20030H0137B0152 - 4 -
1 capabilities of the volunteer fire company to provide 2 firefighting, ambulance and rescue services. 3 Section 302. Guidelines and procedures. 4 The agency, in consultation with the commissioner, shall 5 develop guidelines, procedures and all applications necessary to 6 implement the annual grant program. The agency shall submit the 7 guidelines, procedures and applications to the Legislative 8 Reference Bureau for publication in the Pennsylvania Bulletin 9 within 30 days after the effective date of this act. 10 Section 303. Award of grants. 11 (a) Authorization.--The agency is hereby authorized to make 12 annual grant awards to each eligible volunteer fire company, to 13 be used for the following: 14 (1) Construction or renovation of the fire company's 15 facility and purchase or repair of fixtures, furnishings, 16 office equipment and support services necessary to maintain 17 or improve the capability of the company to provide 18 firefighting, ambulance and rescue services. 19 (2) Purchase or repair of equipment used to provide 20 firefighting, ambulance or rescue services. 21 (3) Retirement or reduction of debt accumulated through 22 the construction or renovation of facilities, purchase or 23 repair of fixtures, furnishings, office equipment and support 24 services or the purchase or repair of equipment. 25 (4) Reasonable costs associated with training or 26 certification of members. 27 (b) Eligibility and limits.-- 28 (1) To receive grant funds under this act, a volunteer 29 fire company shall have actively responded to one or more 30 fire or rescue emergencies since July 1, 2001, and must sign 20030H0137B0152 - 5 -
1 an agreement to actively participate in the Pennsylvania Fire 2 Information Reporting System administered by the agency. 3 (2) No volunteer fire company shall be eligible for more 4 than one grant award per each fiscal year. 5 (3) All grant awards shall be equitable, except as 6 provided under section 304(a) and made upon a pro rata basis 7 if the total dollar amount of approved applications exceeds 8 the amount of funds allocated under section 901. 9 (c) Application.-- 10 (1) The agency shall provide applications and a program 11 summary for grants under this act to the fire chief and 12 president of every volunteer fire company in this 13 Commonwealth on or before July 31 of each fiscal year. The 14 program summary shall include, but not be limited to: 15 (i) Limitations on the use of grants. 16 (ii) Eligibility criteria. 17 (iii) Amount of funding available for the current 18 fiscal year. 19 (iv) Number of grants awarded during the previous 20 fiscal year. 21 (v) Total amount of grants awarded during the 22 previous fiscal year. 23 (2) Volunteer fire companies seeking grants under this 24 act shall submit completed applications to the agency on or 25 before October 1 of each fiscal year. 26 (d) Agency action.--The agency shall act to approve or 27 disapprove the application by December 1 of each fiscal year. 28 Applications which have not been approved or disapproved by the 29 agency by December 1 shall be deemed approved. 30 Section 304. Consolidation. 20030H0137B0152 - 6 -
1 (a) Financial incentives.--If, after the effective date of 2 this act, two or more volunteer fire companies consolidate their 3 use of facilities, equipment, firefighters and services, the 4 consolidated entity may, upon notification of the agency, be 5 eligible for: 6 (1) Reduction of the interest rate payable on any 7 outstanding principal balance owed, as of the date of 8 consolidation, by any or all of the consolidating companies 9 to the Volunteer Companies Loan Fund for loans made under the 10 act of July 15, 1976 (P.L.1036, No.208), known as the 11 Volunteer Fire Company, Ambulance Service and Rescue Squad 12 Assistance Act. The reduction in the interest rate payable 13 shall be from 2% to 1%. Upon receipt of such notification, 14 the agency, in conjunction with the State Fire Commissioner, 15 shall determine and verify that the consolidated entity is in 16 fact a bona fide consolidated volunteer fire company. If the 17 agency determines that the consolidated entity is a bona fide 18 consolidated volunteer fire company, it shall reduce the 19 interest rate payable on any outstanding principal balance 20 owed to the Volunteer Companies Loan Fund for loans made 21 under the Volunteer Fire Company, Ambulance Service and 22 Rescue Squad Assistance Act, for which the consolidating 23 companies or the consolidated entity may be individually or 24 jointly responsible. 25 (2) A grant award equal to the total amount each 26 volunteer fire company from which the consolidated entity was 27 created would have been eligible to receive as though it had 28 not consolidated, for a period of five years after the date 29 of consolidation. 30 (b) Regulatory authority.--The agency may promulgate such 20030H0137B0152 - 7 -
1 rules and regulations as may be necessary to carry out the 2 provisions of this section. 3 CHAPTER 5 4 ANNUAL VOLUNTEER AMBULANCE AND RESCUE SERVICES GRANT PROGRAM 5 Section 501. Establishment. 6 The Annual Volunteer Ambulance and Rescue Services Grant 7 Program is hereby established and shall be administered by the 8 agency. Grants provided under this program shall be used to 9 continually improve and enhance the capabilities of the 10 volunteer ambulance and rescue services to provide ambulance, 11 emergency medical, basic and advanced life support and general 12 rescue services. 13 Section 502. Guidelines and procedures. 14 The agency shall develop guidelines, procedures and all 15 applications necessary to implement the annual grant program. 16 The agency shall submit the guidelines, procedures and 17 applications to the Legislative Reference Bureau for publication 18 in the Pennsylvania Bulletin within 30 days after the effective 19 date of this act. 20 Section 503. Award of grants. 21 (a) Authorization.--The agency is hereby authorized to make 22 annual grant awards to each eligible volunteer ambulance service 23 and water or vehicle rescue company for the following: 24 (1) Construction or renovation of the volunteer 25 ambulance service's facilities and purchase or repair of 26 fixtures, furnishings, office equipment and support services 27 necessary to maintain or improve the capability of the 28 ambulance service to provide ambulance, emergency medical, 29 basic and advanced life support and general rescue services. 30 (2) Purchase or repair of ambulance or rescue equipment. 20030H0137B0152 - 8 -
1 (3) Retirement or reduction of debt accumulated through 2 the construction or renovation of facilities, purchase or 3 repair of fixtures, furnishings, office equipment and support 4 services or the purchase or repair of equipment. 5 (4) Reasonable costs associated with training and 6 certification of members. 7 (b) Eligibility and limits.-- 8 (1) To receive grant funds under this act, a volunteer 9 ambulance service or a water or vehicle rescue company shall 10 have actively responded to one or more emergency medical 11 situations or water or vehicle rescue emergencies since July 12 1, 2003. 13 (2) No volunteer ambulance service or water or vehicle 14 rescue company shall be eligible for more than one grant 15 award per each fiscal year. 16 (3) All grant awards shall be equitable and made upon a 17 pro rata basis if the total dollar amount of approved 18 applications exceeds the amount of funds allocated under 19 section 902. 20 (c) Application.-- 21 (1) The agency shall provide applications and a program 22 summary for grants under this act to the fire chief and 23 president of every volunteer ambulance service and water or 24 vehicle rescue company in this Commonwealth on or before July 25 31 of each fiscal year. The program summary shall include, 26 but not be limited to: 27 (i) Limitations on the use of grants. 28 (ii) Eligibility criteria. 29 (iii) Amount of funding available for the current 30 fiscal year. 20030H0137B0152 - 9 -
1 (iv) Number of grants awarded during the previous 2 fiscal year. 3 (v) Total amount of grants awarded during the 4 previous fiscal year. 5 (2) Volunteer ambulance services and water or vehicle 6 rescue companies seeking grants under this act shall submit 7 completed applications to the agency on or before October 1 8 of each fiscal year. 9 (d) Agency action.--The agency shall act to approve or 10 disapprove the application by December 1 of each fiscal year. 11 Applications which have not been approved or disapproved by the 12 agency by December 1 shall be deemed approved. 13 CHAPTER 7 14 ANNUAL MUNICIPAL FIRE DEPARTMENT GRANT PROGRAM 15 Section 701. Establishment. 16 The Annual Municipal Fire Department Grant Program is hereby 17 established and shall be administered by the agency in 18 consultation with the commissioner. Grants provided under this 19 program shall be used to continually improve and enhance the 20 capabilities of the municipal fire departments to provide 21 firefighting and fire protection services. 22 Section 702. Guidelines and procedures. 23 The agency, in consultation with the commissioner, shall 24 develop guidelines, procedures and all applications necessary to 25 implement the annual grant program. The agency shall submit the 26 guidelines, procedures and applications to the Legislative 27 Reference Bureau for publication in the Pennsylvania Bulletin 28 within 30 days after the effective date of this act. 29 Section 703. Award of grants. 30 (a) Authorization.--The agency is hereby authorized to make 20030H0137B0152 - 10 -
1 annual grant awards to each eligible municipal fire department 2 to be used for the following: 3 (1) Construction or renovation of municipal fire 4 department facilities and purchase or repair of fixtures, 5 furnishings, office equipment and support services necessary 6 to maintain or improve the capability of the company to 7 provide firefighting, ambulance and rescue services. 8 (2) Purchase or repair of equipment used to provide 9 firefighting, ambulance or rescue services. 10 (3) Retirement or reduction of debt accumulated through 11 the construction or renovation of facilities, purchase or 12 repair of fixtures, furnishings, office equipment and support 13 services or the purchase or repair of equipment. 14 (4) Reasonable costs associated with training or 15 certification of members. 16 (b) Eligibility and limits.-- 17 (1) To receive grant funds under this act, a municipal 18 fire department shall have actively responded to one or more 19 fire or rescue emergencies since July 1, 2003. 20 (2) No municipal fire department shall be eligible for 21 more than one grant award per each fiscal year. 22 (3) All grant awards shall be equitable and made upon a 23 pro rata basis if the total dollar amount of approved 24 applications exceeds the amount of funds allocated in section 25 903. 26 (c) Application.-- 27 (1) The agency shall provide applications and a program 28 summary for grants under this act to the chief of every 29 municipal fire department in this Commonwealth on or before 30 July 31 of each fiscal year. The program summary shall 20030H0137B0152 - 11 -
1 include, but not be limited to: 2 (i) Limitations on the use of grants. 3 (ii) Eligibility criteria. 4 (iii) Amount of funding available for the current 5 fiscal year. 6 (iv) Number of grants awarded during the previous 7 fiscal year. 8 (v) Total amount of grants awarded during the 9 previous fiscal year. 10 (2) Municipal fire departments seeking grants under this 11 act shall submit completed applications to the agency on or 12 before October 1 of each fiscal year. 13 (d) Agency action.--The agency shall act to approve or 14 disapprove the application by December 1 of each fiscal year. 15 Applications which have not been approved or disapproved by the 16 agency by December 1 shall be deemed approved. 17 CHAPTER 9 18 GRANT FUNDING PROVISIONS 19 Section 901. Annual Volunteer Fire Company Grant Program. 20 The sum of $37,000,000, or as much thereof as may be 21 necessary, is hereby appropriated to the Pennsylvania Emergency 22 Management Agency for the current fiscal year for the purpose of 23 making grants to eligible volunteer fire companies under Chapter 24 3. The General Assembly shall annually include in the 25 appropriation to the Pennsylvania Emergency Management Agency in 26 the General Appropriation Act an appropriation from the General 27 Fund in an amount sufficient to make grants pursuant to Chapter 28 3. 29 Section 902. Annual Volunteer Ambulance and Rescue Services 30 Grant Program. 20030H0137B0152 - 12 -
1 The sum of $5,000,000, or as much thereof as may be 2 necessary, is hereby appropriated to the Pennsylvania Emergency 3 Management Agency for the current fiscal year for the purpose of 4 making grants to eligible volunteer ambulance services and water 5 or vehicle rescue companies under Chapter 5. The General 6 Assembly shall annually include in the appropriation to the 7 Pennsylvania Emergency Management Agency in the General 8 Appropriation Act an appropriation from the General Fund in an 9 amount sufficient to make grants under Chapter 5. 10 Section 903. Annual Municipal Fire Department Grant Program. 11 The sum of $3,000,000, or as much thereof as may be 12 necessary, is hereby appropriated to the Pennsylvania Emergency 13 Management Agency for the current fiscal year for the purpose of 14 making grants to eligible volunteer fire companies under Chapter 15 7. The General Assembly shall annually include in the 16 appropriation to the Pennsylvania Emergency Management Agency in 17 the General Appropriation Act an appropriation from the General 18 Fund in an amount sufficient to make grants under Chapter 7. 19 Section 904. Agency funding. 20 The sum of $100,000, or as much thereof as may be necessary, 21 is hereby appropriated to the Pennsylvania Emergency Management 22 Agency for the current fiscal year for expenses or costs 23 incurred by the agency for the administration of the grant 24 programs authorized under Chapters 3, 5 and 7. 25 CHAPTER 11 26 MISCELLANEOUS PROVISIONS 27 Section 1101. Effective date. 28 This act shall take effect July 1, 2003, or immediately, 29 whichever is later. A2L35SFL/20030H0137B0152 - 13 -