See other bills
under the
same topic
                                                      PRINTER'S NO. 1242

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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 -