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                                                       PRINTER'S NO. 152

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.
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     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.
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     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
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     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.

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