AN ACT

 

1Amending Title 35 (Health and Safety) of the Pennsylvania 
2Consolidated Statutes, providing for grants to municipal fire 
3and emergency services organizations; and imposing a 
4pyrotechnic public safety fee.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Title 35 of the Pennsylvania Consolidated
8Statutes is amended by adding a chapter to read:

9CHAPTER 79

10GRANTS TO MUNICIPAL FIRE AND EMERGENCY

11SERVICES ORGANIZATIONS

12Subchapter

13A. Preliminary Provisions

14B. Municipal Fire and Emergency Services Organization
15Grant Program

16C. Grant Funding Provisions

17D. Miscellaneous Provisions

18SUBCHAPTER A

1PRELIMINARY PROVISIONS

2Sec.

37901. Scope of chapter.

47902. Definitions.

5§ 7901. Scope of chapter.

6This chapter relates to grants to municipal fire and
7emergency services organizations.

8§ 7902. Definitions.

9The following words and phrases when used in this chapter
10shall have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Advanced life support services." The advanced prehospital
13and interhospital emergency medical care of serious illness or
14injury by appropriately trained health professionals and by
15certified EMT-paramedics.

16"Agency." The Pennsylvania Emergency Management Agency.

17"Basic life support services." Prehospital or interhospital
18emergency medical care and management of illness or injury
19performed by specially trained and certified or licensed
20personnel.

21"Commissioner." The State Fire Commissioner.

22"Facility." A structure or portion thereof intended for the
23purpose of storage or protection of firefighting apparatus,
24ambulances and rescue vehicles and related equipment and gear.
25The term does not include meeting halls, social halls, social
26rooms, lounges or any other facility not directly related to
27firefighting or the furnishing of ambulance or rescue services.

28"Grant program." The Municipal Fire and Emergency Services
29Organization Grant Program established in Subchapter B (relating
30to Municipal Fire and Emergency Services Organizations Grant

1Program).

2"Invalid coach." A vehicle which is primarily maintained,
3operated and intended to be used for routine transport of
4persons who are convalescent or otherwise nonambulatory and do
5not ordinarily require emergency medical treatment while in
6transit. The vehicles will not be considered ambulance or
7emergency medical service vehicles.

8"Municipal fire and emergency services organization." As
9follows:

10(1) A fire department, ambulance service or rescue squad
11established, operated and funded by a municipality within
12this Commonwealth which meets all of the following:

13(i) Provides fire protection or emergency services.

14(ii) Has personnel which consists of all paid
15employees or a combination of paid employees and unpaid
16volunteers.

17(iii) Provides 24-hour, 365-days-per-year staffing
18by full-time, paid employees.

19(2) Emergency services provided by a municipal fire and
20emergency services organization may include:

21(i) Ambulance services, which may include basic life
22support or advanced life support services and the
23transportation of patients within this Commonwealth.

24(ii) Rescue services, which may include response to
25fire, vehicle accidents and water rescue efforts.

26(3) The term does not include any corporation,
27association or organization that is primarily engaged in the
28operation of invalid coaches which are intended for the
29routine transport of persons who are convalescent or
30otherwise nonambulatory and do not ordinarily require

1emergency medical treatment while in transit.

2SUBCHAPTER B

3MUNICIPAL FIRE AND EMERGENCY SERVICES

4ORGANIZATION GRANT PROGRAM

5Sec.

67911. Establishment.

77912. Publication and notice.

87913. Award of grants.

9§ 7911. Establishment.

10The Municipal Fire and Emergency Services Organization Grant
11Program is established and shall be administered by the agency
12in consultation with the commissioner. Grants provided under
13this program shall be used to improve and enhance the
14capabilities of municipal fire and emergency services
15organizations to provide services.

16§ 7912. Publication and notice.

17The agency shall publish notice of the grant program
18availability through the Legislative Reference Bureau for
19publication in the Pennsylvania Bulletin:

20(1) within 30 days of June 28, 2013, for the fiscal year
21beginning July 1, 2013; and

22(2) by August 8 for fiscal years beginning after June
2330, 2014.

24§ 7913. Award of grants.

25(a) Authorization.--The agency is authorized to make a grant
26award to each municipal fire and emergency services organization
27for the following:

28(1) Construction and renovation of the municipal fire
29and emergency services organization's facility and purchase
30or repair of fixtures and furnishings necessary to maintain

1or improve the capability of the organization to provide
2services.

3(2) Repair of equipment or purchase thereof.

4(3) Debt reduction associated with paragraph (1) or (2).

5(4) Training and certification of members.

6(b) Limits.--

7(1) Except as provided in paragraph (3), grants shall be
8not less than $2,500 and not more than $15,000 per municipal
9fire and emergency services organization company.

10(2) Grants may be awarded on a pro rata basis if the
11total dollar amount of the approved application exceeds the
12amount of funds appropriated by the General Assembly for this
13purpose.

14(3) In a municipality where there are two or more
15municipal fire and emergency services organizations and if
16two or more municipal fire and emergency services
17organizations consolidated their use of equipment,
18firefighters and services within five years preceding the
19date of the current year application submission deadline, the
20consolidated entity shall be deemed eligible to receive a
21grant not to exceed the amount of the combined total for
22which the individual companies would have been eligible had
23they not consolidated.

24(c) Time for filing application and agency action.--

25(1) Within 30 days of June 28, 2013, for the fiscal year
26beginning July 1, 2013, and by September 1 of each year
27thereafter, the agency shall provide written instructions for
28grants under this chapter to the president of every municipal
29fire and emergency services organization in this
30Commonwealth.

1(2) Within 45 days of June 28, 2013, for the fiscal year
2beginning July 1, 2013, and by September 8 of each year
3thereafter, the agency shall provide applications to the
4president of every municipal fire and emergency services
5organization. Municipal fire and emergency services
6organizations seeking grants under this chapter shall submit
7completed applications to the agency. The application period
8shall remain open for 45 days each year. The agency shall act
9to approve or disapprove applications within 60 days of the
10application submission deadline each year. Applications which
11have not been approved or disapproved by the agency within 60
12days after the close of the application period each year
13shall be deemed approved.

14(d) Eligibility.--To receive grant funds under this chapter,
15a municipal fire and emergency services organization shall have
16actively responded to one or more fire or rescue emergencies
17during the previous calendar year and must have signed and be
18under an agreement to actively participate in the Pennsylvania
19Fire Information Reporting System which is administered by the
20agency.

21SUBCHAPTER C

22GRANT FUNDING PROVISIONS

23Sec.

247921. Pyrotechnic public safety fee.

257922. Prohibition.

26§ 7921. Pyrotechnic public safety fee.

27(a) Assessment.--There shall be assessed upon each separate
28sale at retail of consumer fireworks sold at facilities licensed
29under the act of May 15, 1939 (P.L.134, No.65), referred to as
30the Fireworks Law, a fee equal to 25% of the purchase price of

1the consumer fireworks.

2(b) Distribution.--Money collected as a result of the fee
3imposed under subsection (a) shall be distributed as follows:

4(1) One million dollars shall be appropriated annually
5to fund grants to eligible municipal fire and emergency
6services organizations in accordance with this chapter.

7(2) Remaining funds shall be allocated in accordance
8with section 7833(b) (relating to allocation of appropriated
9funds).

10§ 7922. Prohibition.

11No money from the appropriation under section 7921(b)
12(relating to pyrotechnic public safety fee) for municipal fire
13and emergency services organization grants may be used for
14expenses or costs incurred by the agency for the administration
15of the grant program authorized under Subchapter B (relating to
16Municipal Fire and Emergency Services Organization Grant
17Program).

18SUBCHAPTER D

19MISCELLANEOUS PROVISIONS

20Sec.

217931. Expiration of authority.

227932. Special provisions.

23§ 7931. Expiration of authority.

24The authority of the agency to award grants under Subchapter
25B (relating to Municipal Fire and Emergency Services
26Organization Grant Program) shall expire June 30, 2022.

27§ 7932. Special provisions.

28(a) Claim.--An applicant for a grant under this chapter who
29failed to return a signed agreement for the preceding year shall
30not be permitted to apply for a grant in the current year unless

1the applicant has provided the commissioner with a reasonable
2written explanation as to why it did not claim its grant.

3(b) Demonstration.--An applicant for a grant under this
4chapter must demonstrate that it complied with all of the terms
5of its grant agreement in the previous year regarding the use of
6the grant money it received in previous years or it shall not be
7eligible to receive a grant in the current year.

8(c) Approval.--An applicant shall not be approved for a
9grant to be used for purposes other than those stated in section
107913(a) (relating to award of grants).

11Section 2. This act shall take effect in 60 days.