PRINTER'S NO. 1242
No. 1062 Session of 2003
INTRODUCED BY COY, SOLOBAY, McCALL, ALLEN, BARD, BEBKO-JONES, BELARDI, BELFANTI, BIANCUCCI, BISHOP, BLAUM, BUNT, BUTKOVITZ, BUXTON, CALTAGIRONE, CAPPELLI, CASORIO, CAWLEY, COHEN, CORNELL, CORRIGAN, COSTA, CRUZ, DAILEY, DALEY, DeLUCA, DeWEESE, EACHUS, FABRIZIO, FICHTER, FREEMAN, GEORGE, GERGELY, GOODMAN, GRUCELA, GRUITZA, HANNA, HARHAI, HARPER, HESS, HORSEY, JAMES, KELLER, KENNEY, KIRKLAND, KOTIK, LaGROTTA, LAUGHLIN, LEACH, LEDERER, LESCOVITZ, LEVDANSKY, MACKERETH, MANDERINO, MARKOSEK, MELIO, MICOZZIE, MUNDY, NAILOR, PALLONE, PETRARCA, PETRONE, PISTELLA, READSHAW, ROBERTS, ROONEY, RUFFING, SAINATO, SANTONI, SHANER, B. SMITH, STABACK, STERN, STETLER, R. STEVENSON, SURRA, TANGRETTI, TIGUE, TRAVAGLIO, VEON, WALKO, WANSACZ, WHEATLEY, J. WILLIAMS, WOJNAROSKI AND YUDICHAK, APRIL 7, 2003
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, APRIL 7, 2003
AN ACT 1 Establishing and funding grant programs for volunteer fire 2 companies, emergency service entities and water or vehicle 3 rescue squads and for shared municipal services; establishing 4 the Homeland Heroes Advisory Board and the Homeland Heroes 5 Grant Fund; and making an appropriation. 6 TABLE OF CONTENTS 7 Chapter 1. Preliminary Provisions 8 Section 101. Short title. 9 Section 102. Definitions. 10 Chapter 3. Volunteer Fire Company Grant Program 11 Section 301. Establishment. 12 Section 302. Guidelines and procedures. 13 Section 303. Award of grants.
1 Section 304. Consolidation. 2 Chapter 5. Emergency Services Entities Grant Program 3 Section 501. Establishment. 4 Section 502. Guidelines and procedures. 5 Section 503. Award of grants. 6 Chapter 7. Shared Municipal Services Grant Program 7 Section 701. Establishment. 8 Section 702. Guidelines and procedures. 9 Section 703. Award of grants. 10 Chapter 9. Homeland Heroes Advisory Board 11 Section 901. Establishment. 12 Section 902. Powers and duties of advisory board. 13 Chapter 11. Grant Funding Provisions 14 Section 1101. Homeland Heroes Grant Fund. 15 Section 1102. Appropriation. 16 Chapter 15. Miscellaneous Provisions 17 Section 1501. Regulatory authority. 18 Section 1502. Effective date. 19 The General Assembly of the Commonwealth of Pennsylvania 20 hereby enacts as follows: 21 CHAPTER 1 22 PRELIMINARY PROVISIONS 23 Section 101. Short title. 24 This act shall be known and may be cited as the Homeland 25 Heroes Grant Act. 26 Section 102. Definitions. 27 The following words and phrases when used in this act shall 28 have the meanings given to them in this section unless the 29 context clearly indicates otherwise: 30 "Advanced life support services." The term shall have the 20030H1062B1242 - 2 -
1 meaning given to it in the act of July 3, 1985 (P.L.164, No.45), 2 known as the Emergency Medical Services Act. 3 "Advisory board." The Homeland Heroes Advisory Board 4 established in Chapter 9. 5 "Agency." The Pennsylvania Emergency Management Agency. 6 "Basic life support services." The term shall have the 7 meaning given to it in the act of July 3, 1985 (P.L.164, No.45), 8 known as the Emergency Medical Services Act. 9 "Commissioner." The State Fire Commissioner. 10 "Department." The Department of Community and Economic 11 Development of the Commonwealth. 12 "Eligible municipality." A city of the first class, second 13 class, second class A or third class, township of the first 14 class or second class, borough or incorporated town located in 15 this Commonwealth. 16 "Emergency service entity." Any nonprofit chartered 17 corporation, association or organization located in this 18 Commonwealth which is licensed by the Department of Health and 19 is not associated or affiliated with a hospital and which is 20 regularly engaged in the provision of emergency medical 21 services, including basic life support or advanced life support 22 services and the transportation of patients. The term does not 23 include any corporation, association or organization that is 24 primarily engaged in the operation of invalid coaches which are 25 intended for the routine transport of persons who are 26 convalescent or otherwise nonambulatory and do not ordinarily 27 require emergency medical treatment while in transit. 28 "Facility." A structure or portion thereof intended for the 29 purpose of storage or protection of firefighting apparatus, 30 ambulances and rescue vehicles and related equipment and gear. 20030H1062B1242 - 3 -
1 The term does not include meeting halls, social halls, social 2 rooms, lounges or any other facility not directly related to 3 firefighting or the furnishing of emergency services. 4 "Fiscal year." One full year beginning on July 1 and ending 5 on June 30 of the next calendar year. 6 "Fund." The Homeland Heroes Grant Fund established pursuant 7 to section 1101. 8 "Grant program." The Homeland Heroes Grant Program, and any 9 of its component parts, including the Volunteer Fire Company 10 Grant Program established under Chapter 3, the Emergency 11 Services Entities Grant Program established under Chapter 5 and 12 the Shared Municipal Services Grant Program established under 13 Chapter 7. 14 "Invalid coach." The term shall have the meaning given to it 15 in the act of July 3, 1985 (P.L.164, No.45), known as the 16 Emergency Medical Services Act. 17 "Shared service agreement." Any agreement, by contract, 18 between two or more municipalities whereby the municipalities 19 involved cooperatively share one or more public services. 20 "Volunteer fire company." A nonprofit chartered corporation, 21 association or organization located in this Commonwealth which 22 provides fire protection or rescue services and which may offer 23 other voluntary emergency services within this Commonwealth, 24 including a water or vehicle rescue company. Voluntary emergency 25 services provided by a volunteer fire company may include 26 voluntary ambulance and voluntary rescue services. 27 "Water or vehicle rescue company." A nonprofit chartered 28 corporation, association or organization that provides rescue 29 services as part of the response to fires or accidents involving 30 vehicles or occurring in a body of water. 20030H1062B1242 - 4 -
1 CHAPTER 3 2 VOLUNTEER FIRE COMPANY GRANT PROGRAM 3 Section 301. Establishment. 4 The Volunteer Fire Company Grant Program is hereby 5 established and shall be administered by the advisory board in 6 consultation with the agency. Grants provided under this program 7 shall be used to continually improve and enhance the 8 capabilities of the volunteer fire company to provide 9 firefighting and emergency services. 10 Section 302. Guidelines and procedures. 11 The advisory board, in consultation with the agency, shall 12 develop guidelines, procedures and all applications necessary to 13 implement the grant program. The advisory board shall submit the 14 guidelines, procedures and applications to the Legislative 15 Reference Bureau for publication in the Pennsylvania Bulletin 16 within 30 days after the effective date of this chapter. 17 Section 303. Award of grants. 18 (a) Authorization.--The advisory board is hereby authorized 19 to make grant awards to each eligible volunteer fire company to 20 be used for the following: 21 (1) Construction or renovation of the fire company's 22 facility and purchase or repair of fixtures, furnishings, 23 office equipment and support services necessary to maintain 24 or improve the capability of the company to provide 25 firefighting and emergency services. 26 (2) Purchase or repair of equipment used to provide 27 firefighting and emergency services. 28 (3) Retirement or reduction of debt accumulated through 29 the construction or renovation of facilities, purchase or 30 repair of fixtures, furnishings, office equipment and support 20030H1062B1242 - 5 -
1 services or the purchase or repair of equipment. 2 (4) Reasonable costs associated with training or 3 certification of members. 4 (5) Any expenditures that, as determined by the advisory 5 board, enhance or improve the delivery of firefighting and 6 emergency services. 7 (b) Eligibility and limits.-- 8 (1) To receive grant funds under this chapter, a 9 volunteer fire company shall have actively responded to one 10 or more fire or rescue emergencies since July 1, 2002, and 11 must sign an agreement to actively participate in the 12 Pennsylvania Fire Information Reporting System administered 13 by the agency. 14 (2) All grant awards shall be determined by the advisory 15 board on a competitive basis. 16 (c) Application.-- 17 (1) The advisory board shall provide applications and a 18 program summary for grants under this chapter to the fire 19 chief and president of every volunteer fire company in this 20 Commonwealth on or before July 31 of each fiscal year. The 21 program summary shall include, but not be limited to: 22 (i) Limitations on the use of grants. 23 (ii) Eligibility criteria. 24 (iii) Amount of funding available for the current 25 fiscal year. 26 (2) Volunteer fire companies seeking grants under this 27 chapter shall submit completed applications to the advisory 28 board on or before October 1 of each fiscal year. 29 (d) Advisory board action.--The advisory board shall act to 30 approve or disapprove the application by December 1 of each 20030H1062B1242 - 6 -
1 fiscal year. Applications which have not been approved or 2 disapproved by the advisory board by December 1 shall be deemed 3 approved. 4 Section 304. Consolidation. 5 If, after the effective date of this chapter, two or more 6 volunteer fire companies consolidate their use of facilities, 7 equipment, firefighters and services, the consolidated entity 8 may, upon notification of the agency, be 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 commissioner, shall 18 determine and verify that the consolidated entity is in fact 19 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 20030H1062B1242 - 7 -
1 not consolidated, for a period of five years after the date 2 of consolidation. 3 CHAPTER 5 4 EMERGENCY SERVICES ENTITIES GRANT PROGRAM 5 Section 501. Establishment. 6 The Emergency Services Entities Grant Program is hereby 7 established and shall be administered by the advisory board. 8 Grants provided under this program shall be used to continually 9 improve and enhance the capabilities of emergency service 10 entities to provide ambulance, emergency medical, basic and 11 advanced life support and general rescue services. 12 Section 502. Guidelines and procedures. 13 The advisory board shall develop guidelines, procedures and 14 all applications necessary to implement the grant program. The 15 advisory board shall submit the guidelines, procedures and 16 applications to the Legislative Reference Bureau for publication 17 in the Pennsylvania Bulletin within 30 days after the effective 18 date of this chapter. 19 Section 503. Award of grants. 20 (a) Authorization.--The advisory board is hereby authorized 21 to make grant awards to each eligible emergency service entity 22 and water or vehicle rescue company for the following: 23 (1) Construction or renovation of the emergency service 24 entities' facilities and purchase or repair of fixtures, 25 furnishings, office equipment and support services necessary 26 to maintain or improve the capability of the emergency 27 service entity to provide ambulance, emergency medical, basic 28 and advanced life support and general rescue services. 29 (2) Purchase or repair of ambulance or rescue equipment. 30 (3) Retirement or reduction of debt accumulated through 20030H1062B1242 - 8 -
1 the construction or renovation of facilities, purchase or 2 repair of fixtures, furnishings, office equipment and support 3 services or the purchase or repair of equipment. 4 (4) Reasonable costs associated with training and 5 certification of members. 6 (5) Any expenditures that, as determined by the advisory 7 board, enhance or improve the delivery of emergency services. 8 (b) Eligibility and limits.-- 9 (1) To receive grant funds under this chapter, an 10 emergency service entity or a water or vehicle rescue company 11 shall have actively responded to one or more emergency 12 medical situations or water or vehicle rescue emergencies 13 since July 1, 2002. 14 (2) No emergency service entity or water or vehicle 15 rescue company shall be eligible for more than one grant 16 award per each fiscal year. 17 (3) All grant awards shall be determined by the advisory 18 board on a competitive basis. 19 (c) Application.-- 20 (1) The advisory board shall provide applications and a 21 program summary for grants under this chapter to the fire 22 chief and president of every emergency service entity and 23 water or vehicle rescue company in this Commonwealth on or 24 before July 31 of each fiscal year. The program summary shall 25 include, but not be limited to: 26 (i) Limitations on the use of grants. 27 (ii) Eligibility criteria. 28 (iii) Amount of funding available for the current 29 fiscal year. 30 (2) Emergency service entities and water or vehicle 20030H1062B1242 - 9 -
1 rescue companies seeking grants under this chapter shall 2 submit completed applications to the advisory board on or 3 before October 1 of each fiscal year. 4 (d) Agency action.--The agency shall act to approve or 5 disapprove the application by December 1 of each fiscal year. 6 Applications which have not been approved or disapproved by the 7 agency by December 1 shall be deemed approved. 8 CHAPTER 7 9 SHARED MUNICIPAL SERVICES GRANT PROGRAM 10 Section 701. Establishment. 11 The Shared Municipal Services Grant Program is hereby 12 established and shall be administered by the advisory board. 13 Grants provided under this program shall be used to improve and 14 enhance the quality and reduce the cost of municipal services by 15 providing financial assistance for the sharing of services. 16 Section 702. Guidelines and procedures. 17 The advisory board, in consultation with the department, 18 shall promulgate the rules, regulations, guidelines, procedures 19 and all applications necessary to implement the grant program. 20 The advisory board shall submit the rules, regulations, 21 guidelines, procedures and applications to the Legislative 22 Reference Bureau for publication in the Pennsylvania Bulletin 23 within 90 days of the effective date of this chapter. 24 Section 703. Award of grants. 25 (a) Authorization.--The advisory board is hereby authorized 26 to make grant awards to an eligible municipality for the purpose 27 of providing financial assistance for implementing a shared 28 service agreement. Nothing in this chapter shall prevent an 29 eligible municipality from using funds from a grant program 30 award for a shared service agreement for volunteer fire company 20030H1062B1242 - 10 -
1 or emergency service entity. 2 (b) Limits.--No more than one grant award shall be provided 3 for each shared service agreement. However, nothing in this 4 chapter shall prevent any municipality from receiving the direct 5 benefit of more than one grant award, provided that municipality 6 has entered into more than one shared service agreement. 7 (c) Time for filing application and advisory board action.-- 8 The advisory board shall make available applications for grants 9 under this chapter to be submitted on a rolling basis throughout 10 the fiscal year. 11 CHAPTER 9 12 HOMELAND HEROES ADVISORY BOARD 13 Section 901. Establishment. 14 (a) Establishment.--There is hereby established within the 15 agency a Homeland Heroes Advisory Board. 16 (b) Composition.--The advisory board shall be composed of 17 the following: 18 (1) One member appointed by the Majority Leader of the 19 Senate. 20 (2) One member appointed by the Minority Leader of the 21 Senate. 22 (3) One member appointed by the Majority Leader of the 23 House of Representatives. 24 (4) One member appointed by the Minority Leader of the 25 House of Representatives. 26 (5) A representative of the Pennsylvania Emergency 27 Management Agency. 28 (6) The State Fire Commissioner. 29 (7) A representative of the Pennsylvania Fire and 30 Emergency Services Institute. 20030H1062B1242 - 11 -
1 (c) Qualifications.--Each member must: 2 (1) be employed or engaged in business in this 3 Commonwealth; or 4 (2) if retired, be a resident of this Commonwealth. 5 (d) Chairperson.--The commissioner shall serve as the 6 chairperson of the commission. 7 (e) Meetings.--The advisory board shall meet at least 8 biannually or more frequently as deemed necessary by the 9 chairperson. 10 (f) Quorum.--A majority of the members of the advisory board 11 constitutes a quorum. The advisory board shall keep a record of 12 proceedings and of resolutions, rules and regulations. 13 (g) Agency assistance.--The agency shall assist the advisory 14 board by providing office space, personnel and other 15 administrative support necessary for the administration of this 16 act. 17 Section 902. Powers and duties of advisory board. 18 The advisory board has the following powers and duties to: 19 (1) Promulgate in consultation with the agency 20 regulations to carry out the provisions of this act. Initial 21 regulations under this paragraph shall be submitted to the 22 Legislative Reference Bureau for publication within 60 days 23 of the effective date of this section. Regulations under this 24 paragraph are exempt from the act of June 25, 1982 (P.L.633, 25 No.181), known as the Regulatory Review Act. 26 (2) Award grants based on the criteria set forth in this 27 act. 28 (3) To consult with the Pennsylvania Emergency 29 Management Agency to annually determine the amount of money 30 to be apportioned to each grant program under this act. 20030H1062B1242 - 12 -
1 CHAPTER 11 2 GRANT FUNDING PROVISIONS 3 Section 1101. Homeland Heroes Grant Fund. 4 (a) Establishment.--There is established in the State 5 Treasury a restricted receipt account to be known as the 6 Homeland Heroes Grant Fund which shall be an interest-bearing, 7 restricted revenue account in which shall be deposited such 8 money as is appropriated, granted or donated to the advisory 9 board or the Pennsylvania Emergency Management Agency for grants 10 under this act. 11 (b) Use of fund.--Money deposited in the fund and interest 12 earned on the money shall be used solely for the purpose of 13 carrying out the provisions of this act. No more than 14 $25,000,000 of the fund may be used annually for carrying out 15 the provisions of this act. The Pennsylvania Emergency 16 Management Agency, in consultation with the advisory board, 17 shall annually determine the amount of money to be apportioned 18 to each grant program under this act. 19 (c) Administration of act.--To offset the cost of 20 administering this act, the advisory board may retain $100,000 21 of the total amount used annually. 22 (d) Audit of fund.--The Department of the Auditor General 23 shall, at least once every two years, make a complete 24 examination of the fund to verify appropriations, receipts, 25 expenditures and the application of grant moneys awarded from 26 the fund. The expense incurred in making such audit shall be 27 certified to the fund by the Auditor General and shall be paid 28 from the general appropriation to the Homeland Heroes Grant 29 Fund. 30 Section 1102. Appropriation. 20030H1062B1242 - 13 -
1 The amount of $100,000,000 is hereby appropriated to the 2 Pennsylvania Emergency Management Agency for the purpose of 3 carrying out the provisions of this act. The money in the fund 4 is continuously appropriated to the fund and shall not lapse at 5 the end of any fiscal year. 6 CHAPTER 15 7 MISCELLANEOUS PROVISIONS 8 Section 1501. Regulatory authority. 9 The advisory board in consultation with the agency may 10 promulgate such rules and regulations as may be necessary to 11 carry out the provisions of this act. 12 Section 1502. Effective date. 13 This act shall take effect immediately. A27L35MSP/20030H1062B1242 - 14 -