SENATE AMENDED
PRIOR PRINTER'S NO. 371
PRINTER'S NO. 3603
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
397
Session of
2021
INTRODUCED BY OWLETT, CAUSER, ECKER, RYAN, RAPP, CIRESI, STAATS,
KAUFFMAN, GREINER, ZABEL, ROAE, KNOWLES, DUNBAR, SCHLOSSBERG,
WARNER, DeLUCA, HILL-EVANS, ROWE, JAMES, HAMM, STRUZZI,
WEBSTER, SANKEY, LAWRENCE, PISCIOTTANO, SCHLEGEL CULVER,
GILLEN, SAINATO, STEPHENS, ARMANINI, POLINCHOCK, RIGBY AND
KENYATTA, FEBRUARY 4, 2021
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 25, 2022
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in incentives for municipal volunteers
of fire companies and nonprofit emergency medical services
agencies, further providing for rejection and appeal.
AMENDING TITLE 35 (HEALTH AND SAFETY) OF THE PENNSYLVANIA
CONSOLIDATED STATUTES, IN NONPROFIT SECURITY GRANT FUND,
FURTHER PROVIDING FOR NONPROFIT SECURITY GRANT FUND AND FOR
EXPIRATION; IN COMMONWEALTH SERVICES, FURTHER PROVIDING FOR
STATE FIRE COMMISSIONER AND FOR CURRICULUM AND TRAINING AND
PROVIDING FOR CAPITAL GRANTS FOR MUNICIPAL FIRE DEPARTMENTS,
FOR CAPITAL GRANTS FOR EMERGENCY SERVICE TRAINING CENTERS,
FOR MONEY FOR ONLINE TRAINING FOR FIREFIGHTERS AND FOR MONEY
FOR REIMBURSEMENT TO PENNSYLVANIA BOMB SQUADS; IN VOLUNTEER
FIREFIGHTERS, FURTHER PROVIDING FOR FIRE RELIEF FORMULA
STUDY; IN GRANTS TO FIRE COMPANIES AND EMERGENCY MEDICAL
SERVICES COMPANIES, FURTHER PROVIDING FOR AWARD OF GRANTS FOR
VOLUNTEER FIRE COMPANIES AND FOR AWARD OF GRANTS FOR
EMERGENCY MEDICAL SERVICES COMPANIES; IN INCENTIVES FOR
MUNICIPAL VOLUNTEERS OF FIRE COMPANIES AND NONPROFIT
EMERGENCY MEDICAL SERVICES AGENCIES, FURTHER PROVIDING FOR
REJECTION AND APPEAL; IN EMERGENCY MEDICAL SERVICES,
PROVIDING FOR TUITION AND LOAN ASSISTANCE FOR ACTIVE
VOLUNTEERS AND ESTABLISHING THE ACTIVE VOLUNTEER TUITION AND
LOAN ASSISTANCE PROGRAM AND THE ACTIVE VOLUNTEER TUITION AND
LOAN ASSISTANCE PROGRAM FUND; IN EMERGENCY MEDICAL SERVICES
SYSTEM, PROVIDING FOR SCHOLARSHIPS FOR RECRUITMENT, TRAINING
AND RETENTION; AND ESTABLISHING THE EMS TRAINING FUND.
The General Assembly of the Commonwealth of Pennsylvania
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hereby enacts as follows:
Section 1. Section 79A24(a) of Title 35 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 79A24. Rejection and appeal.
(a) General rule.--A governing body that establishes a tax
credit under this chapter shall adopt, by ordinance or
resolution, a process for rejecting a claim by an active
volunteer who does not satisfy all of the criteria established
under this chapter for each type of tax credit provided under
this chapter.
* * *
Section 2. This act shall take effect in 60 days.
SECTION 1. SECTIONS 5602(F) AND 5604 OF TITLE 35 OF THE
PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
§ 5602. NONPROFIT SECURITY GRANT FUND.
* * *
(F) LAPSE OF FUNDS.--ALL UNEXPENDED AND UNENCUMBERED FUNDS
REMAINING IN THE FUND AS OF JULY 1, [2024] 2029, SHALL LAPSE AND
BE TRANSFERRED TO THE GENERAL FUND.
§ 5604. EXPIRATION.
THIS CHAPTER SHALL EXPIRE JULY 1, [2024] 2029.
SECTION 2. SECTION 7383 OF TITLE 35 IS AMENDED BY ADDING A
SUBSECTION TO READ:
§ 7383. STATE FIRE COMMISSIONER.
* * *
(D) FIREWORKS SAFETY EDUCATION.--MONEY TRANSFERRED UNDER 3
PA.C.S. § 1113(A)(7) (RELATING TO DISPOSITION OF CERTAIN FUNDS)
SHALL BE USED BY THE COMMISSIONER FOR A PUBLIC SAFETY CAMPAIGN
ON THE PRECAUTIONS THAT SHOULD BE TAKEN WHEN USING FIREWORKS.
THE COMMISSIONER MAY USE UP TO $50,000 OF THE MONEY TRANSFERRED
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FOR ADMINISTRATIVE COSTS.
SECTION 3. SECTION 7383.1 OF TITLE 35 IS AMENDED TO READ:
§ 7383.1. CURRICULUM [AND], TRAINING AND EDUCATION
CERTIFICATION MANAGEMENT SYSTEM.
(A) DUTY TO ESTABLISH GUIDELINES.--THE COMMISSIONER SHALL
ESTABLISH GUIDELINES FOR THE DEVELOPMENT, DELIVERY AND
MAINTENANCE OF [A SYSTEM OF] FIRE AND EMERGENCY SERVICES
TRAINING AND AN EDUCATION CERTIFICATION MANAGEMENT SYSTEM.
(B) TRAINING.--TRAINING SHALL BE LECTURE-BASED, HANDS ON OR
ONLINE. TRAINING MAY BE CONDUCTED AT THE PENNSYLVANIA STATE FIRE
ACADEMY, A COUNTY TRAINING CENTER, A COMMUNITY COLLEGE[, A LOCAL
FIRE STATION OR OTHER APPROPRIATE AREA] OR OTHER APPROVED
EDUCATIONAL TRAINING AGENCY. THE TRAINING RECORDS SHALL BE
INCORPORATED INTO THE [TRAIN PA SYSTEM OR ANY OTHER SYSTEM]
TRAINING AND EDUCATION CERTIFICATION MANAGEMENT SYSTEM APPROVED
BY THE COMMISSIONER.
(C) CERTIFICATE OF COMPLETION.--THE COMMISSIONER SHALL
PROVIDE A CERTIFICATE OF COMPLETION TO AN INDIVIDUAL WHO
SUCCESSFULLY COMPLETES A FIRE OR EMERGENCY SERVICES TRAINING
PROGRAM. THE TRAINING AND EDUCATION CERTIFICATION MANAGEMENT
SYSTEM SHALL INCLUDE A METHOD BY WHICH THE TRAINEE CAN DOWNLOAD
AND PRINT THE CERTIFICATE.
[(D) PUBLICATION.--THE COMMISSIONER SHALL POST A COMPLETE
LISTING OF THE AVAILABLE FIRE AND EMERGENCY SERVICES TRAINING
COURSES ON THE OFFICE'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.]
(E) ACCESSIBILITY.--THE COMMISSIONER SHALL FACILITATE ACCESS
TO EACH AVAILABLE FIRE AND EMERGENCY SERVICES TRAINING COURSE
THROUGH A PUBLICLY ACCESSIBLE INTERNET WEBSITE OR PORTAL. THE
INTERNET WEBSITE OR PORTAL SHALL RECORD FIREFIGHTER TRAINING AND
CERTIFICATION. THE COMMISSIONER SHALL ESTABLISH AND MAINTAIN OR
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PARTICIPATE IN AN EXISTING ELECTRONIC DATABASE OR PORTAL THAT
MEETS ALL OF THE FOLLOWING CRITERIA:
(1) ALLOWS FOR USER REGISTRATION FOR AN INDIVIDUAL
TRAINEE OR AN ACCREDITED PROVIDER.
(2) ALLOWS A USER TO REGISTER FOR COURSES OFFERED
THROUGH THE DATABASE OR PORTAL AND IN ANY OTHER FORMAT
AUTHORIZED UNDER THIS SECTION.
(3) ESTABLISHES A COURSE COMPLETION TRANSCRIPT AND
CERTIFICATE FOR A REGISTERED USER.
(4) FACILITATES COMMUNICATION AND ACCESS TO TRAINING
MATERIALS BETWEEN AN ACCREDITED PROVIDER AND A REGISTERED
TRAINEE USING THE DATABASE OR PORTAL.
(F) FEES.--THE COMMISSIONER MAY ESTABLISH A FEE OF NO MORE
THAN $1 PER COURSE ON THE TRAINING AND EDUCATION CERTIFICATION
MANAGEMENT SYSTEM, WHICH SHALL BE USED FOR ADMINISTRATIVE COSTS
WITHIN THE OFFICE OF THE STATE FIRE COMMISSIONER.
(G) ANNUAL REPORTS.--
(1) THE COMMISSIONER SHALL PREPARE AN ANNUAL REPORT ON
THE TRAINING AND EDUCATION CERTIFICATION MANAGEMENT SYSTEM.
THE REPORT SHALL INCLUDE ALL OF THE FOLLOWING INFORMATION:
(I) THE TOTAL NUMBER OF FIREFIGHTERS IN THE SYSTEM,
DELINEATED BETWEEN PAID AND VOLUNTEER FIREFIGHTER.
(II) THE NUMBER OF FIREFIGHTERS UNDER SUBPARAGRAPH
(I) WHO TOOK A COURSE ON THE SYSTEM DURING THE PREVIOUS
YEAR.
(III) THE NUMBER OF FIREFIGHTERS UNDER SUBPARAGRAPH
(I) WHO ARE CERTIFIED AS FIREFIGHTER 1, FIREFIGHTER 2,
FIRE INSTRUCTOR 1 OR FIRE OFFICER 1.
(IV) A SUMMARY OF COURSES THAT WERE TAKEN BY
FIREFIGHTERS UNDER SUBPARAGRAPH (I).
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(V) A SUMMARY OF HOW THE FUNDS UNDER THIS SECTION
WERE EXPENDED.
(2) THE COMMISSIONER SHALL SUBMIT THE ANNUAL REPORT
UNDER PARAGRAPH (1) NO LATER THAN OCTOBER 1, 2023, AND BY
OCTOBER 1 OF EACH YEAR THEREAFTER, TO ALL OF THE FOLLOWING:
(I) THE CHAIR AND MINORITY CHAIR OF THE VETERANS
AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF THE
SENATE.
(II) THE CHAIR AND MINORITY CHAIR OF THE VETERANS
AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF THE HOUSE
OF REPRESENTATIVES.
(3) THE COMMISSIONER SHALL POST THE ANNUAL REPORT UNDER
PARAGRAPH (1) ON THE OFFICE OF THE STATE FIRE COMMISSIONER'S
PUBLICLY ACCESSIBLE INTERNET WEBSITE.
SECTION 4. TITLE 35 IS AMENDED BY ADDING SECTIONS TO READ:
§ 7385.1. CAPITAL GRANTS FOR MUNICIPAL FIRE DEPARTMENTS.
(A) SOURCE.--MONEY TRANSFERRED UNDER 3 PA.C.S. § 1113(A)(6)
(RELATING TO DISPOSITION OF CERTAIN FUNDS) SHALL BE UTILIZED BY
THE COMMISSIONER TO ADMINISTER CAPITAL GRANTS.
(B) RECIPIENTS.--MUNICIPAL AND COMBINATION FIRE DEPARTMENTS
RECOGNIZED BY THE COMMISSIONER UNDER STANDARDS DEVELOPED THROUGH
RULES AND GUIDELINES IN CONSULTATION WITH THE STATE FIRE
ADVISORY BOARD MAY BE RECIPIENTS OF GRANTS UNDER SUBSECTION (A)
UPON APPLICATION.
(C) PURPOSES.--CAPITAL GRANTS ADMINISTERED TO RECIPIENTS
UNDER THIS SECTION SHALL BE USED TO:
(1) ESTABLISH OR MODERNIZE FACILITIES THAT HOUSE
FIREFIGHTING EQUIPMENT, AMBULANCES OR RESCUE VEHICLES.
(2) ACQUIRE OR RENOVATE EXISTING STRUCTURES TO HOUSE
FIREFIGHTING EQUIPMENT, AMBULANCES OR RESCUE VEHICLES OR FOR
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THE CONSTRUCTION OR MODERNIZATION OF FACILITIES.
(3) REPAIR OR PURCHASE FIREFIGHTING, AMBULANCE OR RESCUE
EQUIPMENT AS NECESSARY TO PROVIDE PROPER AND ADEQUATE
TRAINING.
(D) RESTRICTIONS.--CAPITAL GRANTS ADMINISTERED UNDER THIS
SECTION MAY NOT BE USED FOR:
(1) OPERATING EXPENSES.
(2) REFINANCING OF RENOVATED STRUCTURES.
(3) REFINANCING THE CONSTRUCTION OR MODERNIZATION OF
FACILITIES.
(4) APPARATUS EQUIPMENT, COMMUNICATION EQUIPMENT OR
ACCESSORY EQUIPMENT.
(5) REDUCTION OF DEBT OR OTHER OBLIGATIONS ISSUED PRIOR
TO THE EFFECTIVE DATE OF THIS SECTION.
(E) APPLICATIONS.--THE FOLLOWING APPLY:
(1) EVERY APPLICATION FOR A CAPITAL GRANT SHALL BE
ACCOMPANIED BY A NOTARIZED FINANCIAL STATEMENT OF THE ENTITY
MAKING THE APPLICATION ACCOMPANIED WITH INFORMATION
SUFFICIENT TO SHOW NEED FOR THE GRANT FUNDING.
(2) APPLICATIONS SHALL BE REVIEWED BY THE APPLICATION
REVIEW COMMITTEE UTILIZING CRITERIA ESTABLISHED UNDER
SUBSECTION (B).
(F) AMOUNTS AND CRITERIA.--THE FOLLOWING APPLY:
(1) CAPITAL GRANT AMOUNTS AND THE CRITERIA FOR
DETERMINING AMOUNTS SHALL BE ESTABLISHED BY THE COMMISSIONER
IN CONSULTATION WITH THE STATE FIRE ADVISORY BOARD.
(2) AN ENTITY MAY BE AWARDED A CAPITAL GRANT, IF
AVAILABLE, FOR AN APPROVED PROJECT IN LIEU OF APPROVED
REIMBURSEMENT PAYMENTS OR, IF NOT AVAILABLE, SHALL RECEIVE
PAYMENTS IN THE FORM OF REIMBURSEMENTS.
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(G) USE.--CAPITAL GRANTS MAY BE USED IN COMBINATION WITH THE
FUNDING AUTHORIZED UNDER SECTION 7813(E) (RELATING TO AWARD OF
GRANTS) IF AN APPLICANT IS OFFICIALLY PROCEEDING WITH AN
APPROVED PROJECT EVIDENCED BY REQUIRED DOCUMENTATION AS
DETERMINED BY THE COMMISSIONER.
(H) ADMINISTRATION.--THE COMMISSIONER MAY USE UP TO $50,000
OF THE FUNDS AVAILABLE UNDER THIS SECTION FOR ADMINISTRATIVE
COSTS.
(I) ANNUAL REPORTS.--
(1) THE COMMISSIONER SHALL PREPARE AN ANNUAL REPORT ON
THE CAPITAL GRANTS ADMINISTERED UNDER THIS SECTION. THE
REPORT SHALL INCLUDE ALL OF THE FOLLOWING INFORMATION:
(I) THE TOTAL NUMBER OF APPLICATIONS RECEIVED FOR
CAPITAL GRANTS.
(II) THE TOTAL NUMBER OF APPLICATIONS APPROVED AND
THE AMOUNTS FUNDED FOR EACH RECIPIENT.
(III) AN ANALYSIS OF HOW THE GRANTS WERE USED BY
EACH RECIPIENT.
(2) THE COMMISSIONER SHALL SUBMIT THE ANNUAL REPORT
UNDER PARAGRAPH (1) NO LATER THAN OCTOBER 1, 2023, AND BY
OCTOBER 1 OF EACH YEAR THEREAFTER, TO ALL OF THE FOLLOWING:
(I) THE CHAIR AND MINORITY CHAIR OF THE VETERANS
AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF THE
SENATE.
(II) THE CHAIR AND MINORITY CHAIR OF THE VETERANS
AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF THE HOUSE
OF REPRESENTATIVES.
(3) THE COMMISSIONER SHALL POST THE ANNUAL REPORT UNDER
PARAGRAPH (1) ON THE OFFICE OF THE STATE FIRE COMMISSIONER'S
PUBLICLY ACCESSIBLE INTERNET WEBSITE.
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§ 7385.2. CAPITAL GRANTS FOR EMERGENCY SERVICE TRAINING
CENTERS.
(A) SOURCE.--MONEY TRANSFERRED UNDER 3 PA.C.S. § 1113(A)(5)
(RELATING TO DISPOSITION OF CERTAIN FUNDS) SHALL BE UTILIZED BY
THE COMMISSIONER TO ADMINISTER CAPITAL GRANTS.
(B) RECIPIENTS.--EMERGENCY SERVICES TRAINING CENTERS ,
COMMUNITY COLLEGES, COUNTY-OWNED FACILITIES, MUNICIPAL OR FIRE
DEPARTMENT-OWNED FACILITIES OR NONPROFIT COUNTYWIDE ASSOCIATIONS
RECOGNIZED BY THE COMMISSIONER UNDER STANDARDS DEVELOPED THROUGH
RULES AND GUIDELINES IN CONSULTATION WITH THE STATE FIRE
ADVISORY BOARD MAY BE RECIPIENTS OF GRANTS UNDER SUBSECTION (A)
UPON APPLICATION. A PRIVATELY OWNED FACILITY SHALL NOT BE
ELIGIBLE FOR A GRANT UNDER SUBSECTION (A).
(C) PURPOSES.--CAPITAL GRANTS ADMINISTERED TO RECIPIENTS
UNDER THIS SECTION SHALL BE USED TO:
(1) ESTABLISH OR MODERNIZE FACILITIES THAT HOUSE
FIREFIGHTING EQUIPMENT, AMBULANCES OR RESCUE VEHICLES.
(2) ACQUIRE OR RENOVATE EXISTING STRUCTURES TO HOUSE
FIREFIGHTING EQUIPMENT, AMBULANCES OR RESCUE VEHICLES OR FOR
THE CONSTRUCTION OR MODERNIZATION OF FACILITIES.
(3) REPAIR OR PURCHASE FIREFIGHTING, AMBULANCE OR RESCUE
EQUIPMENT AS NECESSARY TO PROVIDE PROPER AND ADEQUATE
TRAINING.
(D) RESTRICTIONS.--CAPITAL GRANTS ADMINISTERED UNDER THIS
SECTION MAY NOT BE USED FOR:
(1) OPERATING EXPENSES.
(2) REFINANCING OF RENOVATED STRUCTURES.
(3) REFINANCING THE CONSTRUCTION OR MODERNIZATION OF
FACILITIES.
(4) APPARATUS EQUIPMENT, COMMUNICATION EQUIPMENT OR
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ACCESSORY EQUIPMENT.
(5) REDUCTION OF DEBT OR OTHER OBLIGATIONS ISSUED PRIOR
TO THE EFFECTIVE DATE OF THIS SECTION.
(E) APPLICATIONS.--THE FOLLOWING APPLY:
(1) EVERY APPLICATION FOR A CAPITAL GRANT SHALL BE
ACCOMPANIED BY A NOTARIZED FINANCIAL STATEMENT OF THE ENTITY
MAKING THE APPLICATION ACCOMPANIED WITH INFORMATION
SUFFICIENT TO SHOW NEED FOR THE GRANT FUNDING.
(2) APPLICATIONS SHALL BE REVIEWED BY THE APPLICATION
REVIEW COMMITTEE UTILIZING CRITERIA ESTABLISHED UNDER
SUBSECTION (B).
(F) AMOUNTS AND CRITERIA.--THE FOLLOWING APPLY:
(1) CAPITAL GRANT AMOUNTS AND THE CRITERIA FOR
DETERMINING AMOUNTS SHALL BE ESTABLISHED BY THE COMMISSIONER
IN CONSULTATION WITH THE STATE FIRE ADVISORY BOARD.
(2) AN ENTITY MAY BE AWARDED A CAPITAL GRANT, IF
AVAILABLE, FOR AN APPROVED PROJECT IN LIEU OF APPROVED
REIMBURSEMENT PAYMENTS OR, IF NOT AVAILABLE, SHALL RECEIVE
PAYMENTS IN THE FORM OF REIMBURSEMENTS.
(G) USE.--CAPITAL GRANTS MAY BE USED IN COMBINATION WITH THE
FUNDING AUTHORIZED UNDER SECTION 7813(E) (RELATING TO AWARD OF
GRANTS) IF AN APPLICANT IS OFFICIALLY PROCEEDING WITH AN
APPROVED PROJECT EVIDENCED BY REQUIRED DOCUMENTATION AS
DETERMINED BY THE COMMISSIONER.
(H) ADMINISTRATION.--THE COMMISSIONER MAY USE UP TO $50,000
OF THE FUNDS AVAILABLE UNDER THIS SECTION FOR ADMINISTRATIVE
COSTS.
(I) ANNUAL REPORTS.--
(1) THE COMMISSIONER SHALL PREPARE AN ANNUAL REPORT ON
THE CAPITAL GRANTS ADMINISTERED UNDER THIS SECTION. THE
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REPORT SHALL INCLUDE ALL OF THE FOLLOWING INFORMATION:
(I) THE TOTAL NUMBER OF APPLICATIONS RECEIVED FOR
CAPITAL GRANTS.
(II) THE TOTAL NUMBER OF APPLICATIONS APPROVED AND
THE AMOUNTS FUNDED FOR EACH RECIPIENT.
(III) AN ANALYSIS OF HOW THE GRANTS WERE USED BY
EACH RECIPIENT.
(2) THE COMMISSIONER SHALL SUBMIT THE ANNUAL REPORT
UNDER PARAGRAPH (1) NO LATER THAN OCTOBER 1, 2023, AND BY
OCTOBER 1 OF EACH YEAR THEREAFTER, TO ALL OF THE FOLLOWING:
(I) THE CHAIR AND MINORITY CHAIR OF THE VETERANS
AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF THE
SENATE.
(II) THE CHAIR AND MINORITY CHAIR OF THE VETERANS
AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF THE HOUSE
OF REPRESENTATIVES.
(3) THE COMMISSIONER SHALL POST THE ANNUAL REPORT UNDER
PARAGRAPH (1) ON THE OFFICE OF THE STATE FIRE COMMISSIONER'S
PUBLICLY ACCESSIBLE INTERNET WEBSITE.
§ 7388.1. MONEY FOR ONLINE TRAINING FOR FIREFIGHTERS.
MONEY TRANSFERRED UNDER 3 PA.C.S. § 1113(A)(2) (RELATING TO
DISPOSITION OF CERTAIN FUNDS) SHALL BE UTILIZED BY THE
COMMISSIONER FOR THE PURPOSES UNDER SECTION 7388 (RELATING TO
ONLINE TRAINING FOR FIREFIGHTERS).
§ 7389. MONEY FOR REIMBURSEMENT TO PENNSYLVANIA BOMB SQUADS.
(A) SOURCE.--MONEY TRANSFERRED UNDER 3 PA.C.S. § 1113(A)
(7.1) (RELATING TO DISPOSITION OF CERTAIN FUNDS) SHALL BE
UTILIZED BY THE COMMISSIONER TO PROVIDE REIMBURSEMENTS TO
PENNSYLVANIA BOMB SQUADS IN ACCORDANCE WITH THIS SECTION.
(B) RECIPIENTS.--A PENNSYLVANIA BOMB SQUAD ACCREDITED BY THE
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FEDERAL BUREAU OF INVESTIGATION AND CERTIFIED IN HAZARDOUS
DEVICES TRAINING SHALL BE ELIGIBLE TO RECEIVE A REIMBURSEMENT
UNDER THIS SECTION FOR COSTS ASSOCIATED WITH THE REMOVAL,
TRANSPORTATION, STORAGE AND DESTRUCTION OF CONSUMER FIREWORKS,
DISPLAY FIREWORKS OR COMBUSTIBLES, INCLUDING FOR ANY OF THE
FOLLOWING:
(1) ESTABLISHING, EXPANDING OR MODERNIZING FACILITIES
THAT WILL STORE CONSUMER FIREWORKS, DISPLAY FIREWORKS OR
COMBUSTIBLES, INCLUDING UPFRONT COSTS FOR SAFETY AND SECURITY
IMPROVEMENTS OF THE FACILITIES.
(2) THE TRANSPORTATION OF FIREWORKS FROM THE PLACE OF
CONFISCATION, TO-AND-FROM STORAGE FACILITIES AND TO THE PLACE
OF DESTRUCTION OF CONSUMER FIREWORKS, DISPLAY FIREWORKS OR
COMBUSTIBLES.
(3) PERSONNEL COSTS ASSOCIATED WITH THE CONFISCATION,
TRANSPORTATION AND DESTRUCTION OF CONSUMER FIREWORKS, DISPLAY
FIREWORKS OR COMBUSTIBLES.
(4) EQUIPMENT NECESSARY FOR THE REMOVAL, TRANSPORTATION,
STORAGE AND DESTRUCTION OF CONSUMER FIREWORKS, DISPLAY
FIREWORKS OR COMBUSTIBLES.
(5) THE DESTRUCTION OF CONSUMER FIREWORKS, DISPLAY
FIREWORKS OR COMBUSTIBLES.
(6) ANY OTHER COSTS RELATED TO THE REMOVAL,
TRANSPORTATION, STORAGE AND DESTRUCTION OF CONSUMER
FIREWORKS, DISPLAY FIREWORKS OR COMBUSTIBLES DEEMED
APPROPRIATE BY THE COMMISSIONER.
(C) RESTRICTIONS.-- THE COMMISSIONER SHALL ONLY PROVIDE A
REIMBURSEMENT UNDER THIS SECTION WHEN RECEIPTS ARE PROVIDED FOR
THE ACTUAL COSTS ASSOCIATED WITH THE REMOVAL, TRANSPORTATION,
STORAGE AND DESTRUCTION OF CONSUMER FIREWORKS, DISPLAY FIREWORKS
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OR COMBUSTIBLES AND EITHER OF THE FOLLOWING APPLY:
(1) THE PENNSYLVANIA BOMB SQUAD MAKES A GOOD FAITH
EFFORT TO RECOVER ANY COSTS ASSOCIATED WITH THE REMOVAL,
TRANSPORTATION, STORAGE AND DESTRUCTION OF CONSUMER
FIREWORKS, DISPLAY FIREWORKS OR COMBUSTIBLES UNDER 3 PA.C.S.
§ 1115(B) (RELATING TO REMOVAL, STORAGE AND DESTRUCTION) FROM
THE OWNER OF THE CONSUMER FIREWORKS AND IS UNABLE TO RECOVER
THE FULL OR PARTIAL AMOUNT OF THE COSTS.
(2) THE COSTS ARE ASSOCIATED WITH THE ESTABLISHMENT,
EXPANSION OR MODERNIZATION OF FACILITIES THAT WILL STORE
CONSUMER FIREWORKS, DISPLAY FIREWORKS OR COMBUSTIBLES.
(D) APPLICATIONS.--THE COMMISSIONER SHALL DEVELOP AN
APPLICATION FORM FOR THE REQUEST FOR REIMBURSEMENTS UNDER THIS
SECTION.
(E) AMOUNTS AND CRITERIA.--REIMBURSEMENT AMOUNTS FOR ACTUAL
COSTS AND THE CRITERIA FOR DETERMINING THE AMOUNTS UNDER THIS
SECTION SHALL BE ESTABLISHED BY THE COMMISSIONER.
(F) ADMINISTRATION.--THE COMMISSIONER MAY USE UP TO 3% OF
THE MONEY TRANSFERRED UNDER 3 PA.C.S. § 1113(A)(7.1) FOR
ADMINISTRATIVE COSTS UNDER THIS SECTION.
(G) ANNUAL REPORT.--
(1) THE COMMISSIONER SHALL PREPARE AN ANNUAL REPORT ON
THE REIMBURSEMENTS PROVIDED UNDER THIS SECTION. THE REPORT
SHALL INCLUDE ALL OF THE FOLLOWING INFORMATION:
(I) THE TOTAL NUMBER OF APPLICATIONS RECEIVED.
(II) THE TOTAL NUMBER OF APPLICATIONS APPROVED AND
THE AMOUNTS FUNDED FOR EACH RECIPIENT.
(III) AN ANALYSIS OF HOW THE FUNDS WERE USED BY EACH
RECIPIENT.
(2) THE COMMISSIONER SHALL SUBMIT THE ANNUAL REPORT
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UNDER PARAGRAPH (1) NO LATER THAN OCTOBER 1, 2023, AND BY
OCTOBER 1 OF EACH YEAR THEREAFTER, TO ALL OF THE FOLLOWING:
(I) THE CHAIR AND MINORITY CHAIR OF THE VETERANS
AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF THE
SENATE.
(II) THE CHAIR AND MINORITY CHAIR OF THE VETERANS
AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF THE HOUSE
OF REPRESENTATIVES.
(3) THE COMMISSIONER SHALL POST THE ANNUAL REPORT UNDER
PARAGRAPH (1) ON THE OFFICE OF THE STATE FIRE COMMISSIONER'S
PUBLICLY ACCESSIBLE INTERNET WEBSITE.
SECTION 5. SECTION 7419.1(A)(6) INTRODUCTORY PARAGRAPH OF
TITLE 35 IS AMENDED TO READ:
§ 7419.1. FIRE RELIEF FORMULA STUDY.
(A) STUDY.--THE STATE FIRE ADVISORY BOARD SHALL HAVE THE
FOLLOWING DUTIES:
* * *
(6) NO LATER THAN [NOVEMBER 30, 2022] DECEMBER 31, 2023,
ISSUE A REPORT ON THE BOARD'S FINDINGS AND RECOMMENDATIONS
REGARDING THE FIRE RELIEF FUNDING FORMULA AND FIRE RELIEF
SERVICES TO ALL OF THE FOLLOWING:
* * *
SECTION 6. SECTIONS 7813(B)(1) AND (3) AND 7823(B)(1) AND
(3) OF TITLE 35 ARE AMENDED AND THE SUBSECTIONS ARE AMENDED BY
ADDING PARAGRAPHS TO READ:
§ 7813. AWARD OF GRANTS.
* * *
(B) LIMITS.--
(1) EXCEPT AS PROVIDED IN PARAGRAPH (3), GRANTS SHALL BE
NOT LESS THAN $2,500 AND NOT MORE THAN [$15,000] $20,000 PER
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FIRE COMPANY.
* * *
(3) IN A MUNICIPALITY WHERE THERE ARE TWO OR MORE
VOLUNTEER FIRE COMPANIES AND IF TWO OR MORE VOLUNTEER FIRE
COMPANIES CONSOLIDATED THEIR USE OF EQUIPMENT, FIREFIGHTERS
AND SERVICES WITHIN [10] 20 YEARS PRECEDING THE DATE OF THE
CURRENT YEAR APPLICATION SUBMISSION DEADLINE, THE
CONSOLIDATED ENTITY SHALL BE DEEMED ELIGIBLE TO RECEIVE A
GRANT NOT TO EXCEED THE AMOUNT OF THE COMBINED TOTAL FOR
WHICH THE INDIVIDUAL COMPANIES WOULD HAVE BEEN ELIGIBLE HAD
THEY NOT CONSOLIDATED.
* * *
(5) IN A MUNICIPALITY WHERE ONE VOLUNTEER FIRE COMPANY
AND ONE EMS COMPANY CONSOLIDATE THEIR USE OF EQUIPMENT,
PERSONNEL AND SERVICES WITHIN 20 YEARS PRECEDING THE DATE OF
THE CURRENT YEAR APPLICATION SUBMISSION DEADLINE, THE
CONSOLIDATED ENTITY SHALL BE DEEMED ELIGIBLE TO RECEIVE A
GRANT NOT TO EXCEED THE AMOUNT OF THE COMBINED TOTAL FOR
WHICH THE INDIVIDUAL COMPANIES WOULD HAVE BEEN ELIGIBLE HAD
THEY NOT CONSOLIDATED.
§ 7823. AWARD OF GRANTS.
* * *
(B) LIMITS.--
(1) GRANTS SHALL BE NOT LESS THAN $2,500 AND NOT MORE
THAN [$10,000] $15,000 PER EMS COMPANY.
* * *
(3) IF TWO OR MORE EMS COMPANIES CONSOLIDATED THEIR USE
OF EQUIPMENT, PERSONNEL AND SERVICES WITHIN [10] 20 YEARS
PRECEDING THE DATE OF THE CURRENT YEAR APPLICATION SUBMISSION
DEADLINE, THE CONSOLIDATED ENTITY SHALL BE DEEMED ELIGIBLE TO
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RECEIVE A GRANT NOT TO EXCEED THE AMOUNT OF THE COMBINED
TOTAL FOR WHICH THE INDIVIDUAL COMPANIES WOULD HAVE BEEN
ELIGIBLE HAD THEY NOT CONSOLIDATED.
(4) IN A MUNICIPALITY WHERE ONE VOLUNTEER FIRE COMPANY
AND ONE EMS COMPANY CONSOLIDATE THEIR USE OF EQUIPMENT,
PERSONNEL AND SERVICES WITHIN 20 YEARS PRECEDING THE DATE OF
THE CURRENT YEAR APPLICATION SUBMISSION DEADLINE, THE
CONSOLIDATED ENTITY SHALL BE DEEMED ELIGIBLE TO RECEIVE A
GRANT NOT TO EXCEED THE AMOUNT OF THE COMBINED TOTAL FOR
WHICH THE INDIVIDUAL COMPANIES WOULD HAVE BEEN ELIGIBLE HAD
THEY NOT CONSOLIDATED.
* * *
SECTION 7. SECTION 79A24(A) OF TITLE 35 IS AMENDED TO READ:
§ 79A24. REJECTION AND APPEAL.
(A) GENERAL RULE.--A GOVERNING BODY THAT ESTABLISHES A TAX
CREDIT UNDER THIS CHAPTER SHALL ADOPT, BY ORDINANCE OR
RESOLUTION, A PROCESS FOR REJECTING A CLAIM BY AN ACTIVE
VOLUNTEER WHO DOES NOT SATISFY ALL OF THE CRITERIA ESTABLISHED
UNDER THIS CHAPTER FOR EACH TYPE OF TAX CREDIT PROVIDED UNDER
THIS CHAPTER.
* * *
SECTION 8. TITLE 35 IS AMENDED BY ADDING A CHAPTER TO READ:
CHAPTER 79B
TUITION AND LOAN ASSISTANCE FOR ACTIVE VOLUNTEERS
SUBCHAPTER
A. PRELIMINARY PROVISIONS
B. ACTIVE VOLUNTEER TUITION AND LOAN ASSISTANCE PROGRAM
SUBCHAPTER A
PRELIMINARY PROVISIONS
SEC.
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79B01. DEFINITIONS.
§ 79B01. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"ACTIVE VOLUNTEER." A VOLUNTEER FOR A VOLUNTEER ORGANIZATION
WHO SATISFIES THE ELIGIBILITY CRITERIA UNDER SECTION 79B12(A)
(RELATING TO ELIGIBILITY), RECEIVES A CERTIFICATE OF ELIGIBILITY
AND COMPLIES WITH THE REQUIREMENTS OF THE PROGRAM.
"AGENCY." THE PENNSYLVANIA HIGHER EDUCATION ASSISTANCE
AGENCY.
"APPROVED INSTITUTION OF HIGHER LEARNING." AN EDUCATIONAL
INSTITUTION OFFERING A POSTSECONDARY PROGRAM OF EDUCATION
LOCATED IN THIS COMMONWEALTH AND APPROVED BY THE AGENCY.
"APPROVED PROGRAM OF EDUCATION." A DEGREE-GRANTING OR
CERTIFICATE-GRANTING CURRICULUM, COURSE OF STUDY OR TRAINING
PROGRAM REQUIRED FOR ENTRANCE INTO A SPECIFIC CAREER TO BE
PURSUED ON A FULL-TIME OR PART-TIME BASIS OR ITS EQUIVALENT AS
DETERMINED BY THE AGENCY, AT AN APPROVED INSTITUTION OF HIGHER
LEARNING.
"CERTIFICATE OF ELIGIBILITY." A CERTIFICATE ISSUED BY THE
AGENCY UNDER SECTION 79B12(B) THAT CERTIFIES THAT AN ACTIVE
VOLUNTEER SATISFIES THE ELIGIBILITY CRITERIA UNDER SECTION
79B12(A).
"EMERGENCY MEDICAL SERVICES AGENCY." AS DEFINED IN SECTION
8103 (RELATING TO DEFINITIONS).
"FUND." THE ACTIVE VOLUNTEER TUITION AND LOAN ASSISTANCE
PROGRAM FUND ESTABLISHED UNDER SECTION 79B21(A) (RELATING TO
ACTIVE VOLUNTEER TUITION AND LOAN ASSISTANCE PROGRAM FUND ).
"PROGRAM." THE ACTIVE VOLUNTEER TUITION AND LOAN ASSISTANCE
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PROGRAM ESTABLISHED UNDER SECTION 79B11 (RELATING TO
ESTABLISHMENT) .
"QUALIFIED APPLICANT." AN ACTIVE VOLUNTEER WHO QUALIFIES FOR
TUITION OR LOAN ASSISTANCE UNDER SUBCHAPTER B (RELATING TO
ACTIVE VOLUNTEER TUITION AND LOAN ASSISTANCE PROGRAM).
"TUITION OR LOAN ASSISTANCE." REIMBURSEMENT PROVIDED BY THE
AGENCY FOR TUITION OR LOANS UNDER THE PROGRAM OR IN A FORM OF
LOAN FORGIVENESS.
"VOLUNTEER FIRE COMPANY." A NONPROFIT CHARTERED CORPORATION,
ASSOCIATION OR ORGANIZATION LOCATED IN THIS COMMONWEALTH THAT
PROVIDES FIRE PROTECTION SERVICES AND MAY OFFER OTHER VOLUNTARY
EMERGENCY SERVICES WITHIN THIS COMMONWEALTH.
"VOLUNTEER ORGANIZATION." A VOLUNTEER FIRE COMPANY OR
EMERGENCY MEDICAL SERVICES AGENCY.
SUBCHAPTER B
ACTIVE VOLUNTEER TUITION AND LOAN ASSISTANCE PROGRAM
SEC.
79B11. ESTABLISHMENT.
79B12. ELIGIBILITY.
79B13. TUITION OR LOAN ASSISTANCE .
79B14. PROMISSORY NOTE.
79B15. AMOUNT OF TUITION OR LOAN PAYMENTS.
79B16. LIMITATION ON TUITION OR LOAN ASSISTANCE.
79B17. RECOUPMENT OF TUITION OR LOAN ASSISTANCE PAYMENTS.
79B18. SERVICE RECORDS.
79B19. VERIFICATION OF ACTIVE VOLUNTEER STATUS.
79B20. ADMINISTRATIVE COSTS.
79B21. ACTIVE VOLUNTEER TUITION AND LOAN ASSISTANCE PROGRAM
FUND.
79B22. REGULATIONS.
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§ 79B11. ESTABLISHMENT.
THE ACTIVE VOLUNTEER TUITION AND LOAN ASSISTANCE PROGRAM IS
ESTABLISHED WITHIN THE AGENCY TO PROVIDE TUITION OR LOAN
ASSISTANCE TO ACTIVE VOLUNTEERS WITH VOLUNTEER ORGANIZATIONS WHO
ARE STUDENTS AT APPROVED INSTITUTIONS OF HIGHER LEARNING.
§ 79B12. ELIGIBILITY.
(A) CRITERIA.--UPON SUBMITTING AN APPLICATION TO PARTICIPATE
IN THE PROGRAM IN ACCORDANCE WITH THE AGENCY'S REGULATIONS,
RULES OR GUIDELINES UNDER SECTION 79B22 (RELATING TO
REGULATIONS) , AN INDIVIDUAL SHALL BE ELIGIBLE TO RECEIVE TUITION
OR LOAN ASSISTANCE IF THE INDIVIDUAL SATISFIES ALL OF THE
FOLLOWING ELIGIBILITY CRITERIA:
(1) IS A RESIDENT OF THIS COMMONWEALTH.
(2) IS AN ACTIVE VOLUNTEER.
(3) HAS PARTICIPATED IN NOT LESS THAN 30% OR, IF THE
INDIVIDUAL WAS ENROLLED AS A STUDENT IN A HIGH SCHOOL OR IN
AN APPROVED PROGRAM OF EDUCATION AT AN APPROVED INSTITUTION
OF HIGHER LEARNING WITHIN THE ONE-YEAR PERIOD BEFORE THE
INDIVIDUAL SUBMITTED AN APPLICATION TO THE AGENCY FOR TUITION
OR LOAN ASSISTANCE, NOT LESS THAN 15% OF A VOLUNTEER
ORGANIZATION'S ACTIVITIES WITHIN THE ONE-YEAR PERIOD BEFORE
THE INDIVIDUAL SUBMITTED AN APPLICATION TO THE AGENCY FOR
TUITION OR LOAN ASSISTANCE. THE ACTIVITIES MAY INCLUDE, BUT
NOT BE LIMITED TO, TRAINING, DRILLS, EMERGENCY RESPONSE
CALLS, ADMINISTRATIVE AND OPERATIONAL SUPPORT, FUNDRAISING OR
OTHER EVENTS AND PROJECTS THAT AID THE FINANCIAL VIABILITY OF
THE VOLUNTEER ORGANIZATION.
(4) HAS ENROLLED AS A STUDENT IN AN APPROVED PROGRAM OF
EDUCATION AT AN APPROVED INSTITUTION OF HIGHER LEARNING AFTER
THE EFFECTIVE DATE OF THIS SECTION.
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(5) ACCEPTS AN OBLIGATION TO SERVE AS AN ACTIVE
VOLUNTEER WITH A VOLUNTEER ORGANIZATION FOR AT LEAST ONE YEAR
PRIOR TO ENROLLING IN AN APPROVED PROGRAM OF EDUCATION AND AT
LEAST FIVE YEARS AFTER COMPLETING AN APPROVED PROGRAM OF
EDUCATION.
(6) HAS SIGNED A PROMISSORY NOTE OBLIGATING THE
INDIVIDUAL TO REPAY THE FULL AMOUNT OF TUITION OR LOAN
ASSISTANCE RECEIVED BY THE INDIVIDUAL IF THE INDIVIDUAL FAILS
TO SATISFY THE REQUIREMENTS UNDER THE PROGRAM.
(7) IS IN GOOD STANDING WITH THE VOLUNTEER ORGANIZATION
FOR WHICH THE INDIVIDUAL IS AN ACTIVE VOLUNTEER.
(B) CERTIFICATE.--THE AGENCY SHALL ISSUE A CERTIFICATE OF
ELIGIBILITY TO AN INDIVIDUAL WHO SATISFIES THE ELIGIBILITY
CRITERIA UNDER SUBSECTION (A).
§ 79B13. TUITION OR LOAN ASSISTANCE .
FROM MONEY APPROPRIATED FOR THE PROGRAM, TUITION OR LOAN
ASSISTANCE SHALL BE PROVIDED TO ELIGIBLE STUDENTS TO PURSUE
APPROVED PROGRAMS OF EDUCATION ON OR AFTER THE EFFECTIVE DATE OF
THIS SECTION.
§ 79B14. PROMISSORY NOTE.
BEFORE PARTICIPATING IN THE PROGRAM, AN INDIVIDUAL MUST SIGN
A PROMISSORY NOTE OBLIGATING THE INDIVIDUAL TO REPAY THE FULL
AMOUNT OF THE TUITION OR LOAN ASSISTANCE RECEIVED BY THE
INDIVIDUAL IF THE INDIVIDUAL FAILS TO SATISFY THE REQUIREMENTS
UNDER THE PROGRAM AS SPECIFIED UNDER SECTION 79B17 (RELATING TO
RECOUPMENT OF TUITION OR LOAN ASSISTANCE PAYMENTS).
§ 79B15. AMOUNT OF TUITION OR LOAN PAYMENTS.
(A) FULL-TIME STUDENTS.--PAYMENTS OF TUITION OR LOAN
ASSISTANCE TO A FULL-TIME STUDENT SHALL BE $1,000 PER ACADEMIC
YEAR.
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(B) PART-TIME STUDENTS.--PAYMENTS OF TUITION OR LOAN
ASSISTANCE TO A PART-TIME STUDENT SHALL NOT EXCEED $500 FOR AN
ACADEMIC YEAR.
(C) FIRST COME, FIRST SERVED.--TUITION OR LOAN ASSISTANCE
SHALL BE GRANTED ON A FIRST-COME, FIRST-SERVED BASIS.
§ 79B16. LIMITATION ON TUITION OR LOAN ASSISTANCE.
AN ELIGIBLE STUDENT MAY NOT RECEIVE TUITION OR LOAN
ASSISTANCE FOR A TOTAL OF MORE THAN FIVE ACADEMIC YEARS OR AN
EQUIVALENT AMOUNT OF TIME AS DETERMINED BY THE AGENCY. TUITION
OR LOAN ASSISTANCE MUST BE USED WITHIN SEVEN YEARS OF
GRADUATION.
§ 79B17. RECOUPMENT OF TUITION OR LOAN ASSISTANCE PAYMENTS.
(A) NONCOMPLIANCE.--AN INDIVIDUAL WHO FAILS TO SATISFY THE
REQUIREMENTS UNDER THE PROGRAM SHALL BE LIABLE TO THE
COMMONWEALTH FOR THE FULL AMOUNT OF TUITION OR LOAN ASSISTANCE
RECEIVED BY THE INDIVIDUAL, UNLESS THE FAILURE AND INABILITY TO
DO SO IS A RESULT OF AN INJUR Y WHILE RESPONDING TO AN EMERGENCY
AS AN ACTIVE VOLUNTEER THAT PREVENTS THE INDIVIDUAL FROM
COMPLYING WITH THE REQUIREMENTS UNDER THE PROGRAM. THE
PROMISSORY NOTE UNDER SECTION 79B14 (RELATING TO PROMISSORY
NOTE) SHALL BE REPAID BY THE INDIVIDUAL UPON DEMAND BY THE
AGENCY ON A SCHEDULE AS THE AGENCY MAY DETERMINE.
(B) NOTICE.--A VOLUNTEER ORGANIZATION SHALL NOTIFY THE
AGENCY IF AN ACTIVE VOLUNTEER FAILS TO SATISFY THE VOLUNTEER
REQUIREMENTS UNDER THE PROGRAM.
§ 79B18. SERVICE RECORDS.
(A) LOGS.--FOR THE PURPOSE OF ENSURING COMPLIANCE WITH THE
REQUIREMENTS UNDER THE PROGRAM, THE CHIEF OF A VOLUNTEER FIRE
COMPANY OR THE SUPERVISOR OR CHIEF OF AN EMERGENCY MEDICAL
SERVICES AGENCY OR THEIR DESIGNEES SHALL ESTABLISH AND MAINTAIN
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A SERVICE LOG THAT DOCUMENTS T HE SERVICES PROVIDED BY AN ACTIVE
VOLUNTEER PARTICIPATING IN THE PROGRAM, INCLUDING A CALCULATION
OF THE AMOUNT OF TIME THE ACTIVE VOLUNTEER CONDUCTS ACTIVITIES
WITH THE VOLUNTEER ORGANIZATION.
(B) REVIEW.--SERVICE LOGS UNDER SUBSECTION (A) SHALL BE
SUBJECT TO PERIODIC REVIEW BY THE AGENCY AND THE DEPARTMENT OF
AUDITOR GENERAL FOR THE PURPOSE OF ENSURING COMPLIANCE WITH THE
REQUIREMENTS UNDER THIS SUBCHAPTER.
§ 79B19. VERIFICATION OF ACTIVE VOLUNTEER STATUS.
(A) SELF-CERTIFICATION.--AN INDIVIDUAL SHALL SIGN AND SUBMIT
AN APPLICATION TO THE CHIEF OF A VOLUNTEER FIRE COMPANY OR THE
SUPERVISOR OR CHIEF OF THE EMERGENCY MEDICAL SERVICES AGENCY TO
ATTEST THAT THE INDIVIDUAL IS AN ACTIVE VOLUNTEER.
(B) INJURED VOLUNTEER.--NOTWITHSTANDING THE VOLUNTEER
REQUIREMENTS UNDER THE PROGRAM, AN INDIVIDUAL WHO WAS INJURED
WHILE RESPONDING TO AN EMERGENCY AS AN ACTIVE VOLUNTEER WHO CAN
NO LONGER SERVE AS AN ACTIVE VOLUNTEER BECAUSE OF THE INJURY AND
WHO WOULD OTHERWISE BE ELIGIBLE FOR THE PROGRAM SHALL BE
ELIGIBLE TO PARTICIPATE IN THE PROGRAM FOR FIVE YEARS FROM THE
DATE OF THE INJURY IF ABLE TO DO SO OR UNDER SUBSECTION (A) OR
(B), AS APPROPRIATE.
(C) LOCAL SIGN-OFF.--THE CHIEF AND ANOTHER OFFICER OF THE
VOLUNTEER FIRE COMPANY AND THE SUPERVISOR OR CHIEF AND ANOTHER
OFFICER OF THE EMERGENCY MEDICAL SERVICES AGENCY SHALL SIGN THE
APPLICATION ATTESTING THAT THE INDIVIDUAL IS AN ACTIVE VOLUNTEER
UNDER SUBSECTION (A) OR THAT THE INDIVIDUAL CAN NO LONGER SERVE
AS AN ACTIVE VOLUNTEER DUE TO INJURY UNDER SUBSECTION (B). THE
APPLICATION SHALL THEN BE FORWARDED TO THE AGENCY FOR FINAL
REVIEW AND PROCESSING.
§ 79B20. ADMINISTRATIVE COSTS.
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THE ADMINISTRATIVE COSTS OF THE PROGRAM FOR THE FISCAL YEAR
BEGINNING JULY 1, 2022, AND EACH FISCAL YEAR THEREAFTER SHALL
NOT EXCEED 3.5% OF THE TOTAL AMOUNT OF MONEY APPROPRIATED TO THE
AGENCY TO IMPLEMENT THE PROGRAM.
§ 79B21. ACTIVE VOLUNTEER TUITION AND LOAN ASSISTANCE PROGRAM
FUND.
(A) ESTABLISHMENT.--THE ACTIVE VOLUNTEER TUITION AND LOAN
ASSISTANCE PROGRAM FUND IS ESTABLISHED AS A NONLAPSING
RESTRICTED RECEIPTS ACCOUNT IN THE STATE TREASURY IN ACCORDANCE
WITH THE MONEY TRANSFERRED UNDER 3 PA.C.S. § 1113(A)(3)
(RELATING TO DISPOSITION OF CERTAIN FUNDS).
(B) APPROPRIATION.--MONEY DEPOSITED OR TRAN SFERRED INTO THE
FUND, INCLUDING ANY ACCRUED INTEREST, IS APPROPRIATED TO THE
AGENCY ON A CONTINUING BASIS TO IMPLEMENT THE PROGRAM.
(C) ADMINISTRATIVE ACTIONS.--AN ADMINISTRATIVE ACTION MAY
NOT PREVENT THE DEPOSIT OR TRANSFER OF MONEY INTO THE FUND.
(D) USE.--MONEY IN THE FUND MAY ONLY BE USED TO IMPLEMENT
THE PROGRAM. MONEY IN THE FUND MAY NOT BE DIVERTED FOR ANY OTHER
PURPOSE BY ADMINISTRATIVE ACTION.
§ 79B22. REGULATIONS.
THE AGENCY SHALL PROMULGATE REGULATIONS AND ESTABLISH RULES
OR GUIDELINES TO ADMINISTER THIS SUBCHAPTER.
SECTION 9. TITLE 35 IS AMENDED BY ADDING A SECTION TO READ:
§ 8112.1. SCHOLARSHIPS FOR RECRUITMENT, TRAINING AND RETENTION.
(A) UTILIZATION.--EXCEPT AS PROVIDED UNDER SUBSECTION (D),
MONEY TRANSFERRED UNDER 3 PA.C.S. § 1113(A)(4) (RELATING TO
DISPOSITION OF CERTAIN FUNDS) SHALL BE UTILIZED BY THE
DEPARTMENT'S BUREAU OF EMERGENCY MEDICAL SERVICES TO:
(1) ISSUE SCHOLARSHIPS TO EMS PROVIDERS WHO COMPLETE EMS
TRAINING PROVIDED BY AN APPROVED ENTITY UNDER SECTION 8105(B)
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(6) (RELATING TO DUTIES OF DEPARTMENT).
(2) REIMBURSE EMS AGENCIES FOR RECRUITMENT AND RETENTION
COSTS, WHICH ARE TO BE DETERMINED BY THE DEPARTMENT'S BUREAU
OF EMERGENCY MEDICAL SERVICES.
(3) MAKE AVAILABLE A PILOT PROGRAM FOR HIGH SCHOOL
STUDENTS WITH INSTRUCTION THROUGH PARTNERSHIPS BETWEEN
INSTITUTIONS OF HIGHER EDUCATION IN THIS COMMONWEALTH AND
SCHOOL ENTITIES OR NONPUBLIC SCHOOLS, OR BOTH, TO INCREASE
THE NUMBER OF INDIVIDUALS CAPABLE OF BECOMING EMS PROVIDERS.
THE PILOT PROGRAM SHALL BE CONDUCTED IN ACCORDANCE WITH
SECTION 7 OF THE ACT OF OCTOBER 24, 2012 (P.L.1209, NO.151),
KNOWN AS THE CHILD LABOR ACT. THE FOLLOWING SHALL APPLY:
(I) THE BUREAU OF EMERGENCY MEDICAL SERVICES OF THE
DEPARTMENT OF HEALTH SHALL ACCEPT PROPOSALS FROM
INSTITUTIONS OF HIGHER EDUCATION IN THIS COMMONWEALTH FOR
THE PILOT PROGRAM. FROM THE PROPOSALS SUBMITTED, THE
BUREAU OF EMERGENCY MEDICAL SERVICES OF THE DEPARTMENT OF
HEALTH SHALL SELECT THREE INSTITUTIONS OF HIGHER
EDUCATION TO OFFER A PILOT PROGRAM. THE BUREAU EMERGENCY
MEDICAL SERVICES OF THE DEPARTMENT OF HEALTH , TO THE
GREATEST EXTENT PRACTICABLE, SHALL SELECT ONE INSTITUTION
OF HIGHER EDUCATION FROM EACH EASTERN, CENTRAL AND
WESTERN REGION OF THIS COMMONWEALTH. NOTHING IN THIS
PARAGRAPH SHALL BE CONSTRUED TO PROHIBIT AN INSTITUTION
OF HIGHER EDUCATION FROM INCORPORATING FIRE INSTRUCTION
INTO THE PILOT PROGRAM.
(II) AN INSTITUTION OF HIGHER EDUCATION SELECTED BY
THE BUREAU OF EMERGENCY MEDICAL SERVICES OF THE
DEPARTMENT OF HEALTH UNDER SUBPARAGRAPH (I) SHALL OPERATE
THE PILOT PROGRAM BY ENTERING INTO AN AGREEMENT WITH A
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SCHOOL ENTITY OR NONPUBLIC SCHOOL, OR BOTH, FOR THE
PROVISION OF INSTRUCTION TO STUDENTS WHO ARE IN AT LEAST
THE NINTH GRADE.
(III) THE EMS TRAINING FUND IS ESTABLISHED IN THE
STATE TREASURY. THE BUREAU OF EMERGENCY MEDICAL SERVICES
OF THE DEPARTMENT OF HEALTH MAY ACCEPT MONETARY DONATIONS
AND OTHER MONEY FOR DEPOSIT INTO THE EMS TRAINING FUND
FROM A PERSON, BUSINESS, FOUNDATION, TAX-EXEMPT
ORGANIZATION UNDER SECTION 501(C)(3) OF THE INTERNAL
REVENUE CODE OF 1986 (PUBLIC LAW 99-514, 26 U.S.C. §
501(C)(3)) OR GOVERNMENT ENTITY ON BEHALF OF THE
COMMONWEALTH.
(IV) THE BUREAU OF EMERGENCY MEDICAL SERVICES OF THE
DEPARTMENT OF HEALTH SHALL DISBURSE NO LESS THAN $50,000
FROM THE EMS TRAINING FUND TO EACH INSTITUTION OF HIGHER
EDUCATION OPERATING THE PILOT PROGRAM FOR EACH YEAR OF
THE PILOT PROGRAM. AFTER THE FOURTH YEAR OF OPERATION OF
THE PILOT PROGRAM, THE BUREAU OF EMERGENCY MEDICAL
SERVICES OF THE DEPARTMENT OF HEALTH MAY NOT DISBURSE
MONEY FROM THE EMS TRAINING FUND.
(V) THE STATE TREASURER SHALL TRANSFER ANY MONEY
APPROPRIATED, TRANSFERRED OR DONATED FOR THE PILOT
PROGRAM INTO THE EMS TRAINING FUND, AND INTEREST EARNED
ON THE MONEY IN THE EMS TRAINING FUND SHALL REMAIN IN THE
EMS TRAINING FUND.
(B) APPLICATION.--AN INDIVIDUAL SHALL SUBMIT AN APPLICATION
FOR A SCHOLARSHIP TO THE DEPARTMENT ON A FORM APPROVED BY THE
DEPARTMENT.
(C) FORM.--THE SCHOLARSHIPS SHALL BE IN THE FORM OF:
(1) REIMBURSEMENT TO EMS PROVIDERS WHO OBTAIN
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CERTIFICATION UPON SUCCESSFUL COMPLETION OF EMS TRAINING BY
AN APPROVED PROVIDER.
(2) REIMBURSEMENT TO AN EMS AGENCY FOR RECRUITMENT AND
RETENTION COSTS, WHICH ARE TO BE DETERMINED BY THE
DEPARTMENT'S BUREAU OF EMERGENCY MEDICAL SERVICES.
(D) ADMINISTRATIVE COSTS.--NO MORE THAN $50,000 OF THE MONEY
TRANSFERRED UNDER 3 PA.C.S. § 1113(A)(4) MAY BE USED BY THE
BUREAU OF EMERGENCY MEDICAL SERVICES FOR ADMINISTRATIVE COSTS.
(E) ANNUAL REPORTS.--
(1) THE BUREAU OF EMERGENCY MEDICAL SERVICES OF THE
DEPARTMENT OF HEALTH SHALL PREPARE AN ANNUAL REPORT ON THE
SCHOLARSHIPS UNDER SUBSECTION (A)(1) AND THE PILOT PROGRAM
UNDER SUBSECTION (A)(3). THE REPORT SHALL INCLUDE ALL OF THE
FOLLOWING INFORMATION:
(I) THE TOTAL NUMBER OF SCHOLARSHIP APPLICATIONS
RECEIVED.
(II) THE TOTAL NUMBER OF SCHOLARSHIP APPLICATIONS
APPROVED AND THE AMOUNTS FUNDED FOR EACH RECIPIENT.
(III) AN ANALYSIS OF THE CLASSES TAKEN AND THE
LEVELS OF EDUCATION OBTAINED THROUGH THE SCHOLARSHIPS.
(IV) THE NUMBER OF APPLICATIONS RECEIVED FOR THE
PILOT PROGRAM.
(V) THE APPLICATIONS APPROVED FOR THE PILOT PROGRAM.
(VI) THE NUMBER OF HIGH SCHOOL STUDENTS SERVED BY
THE PILOT PROGRAM.
(2) THE BUREAU OF EMERGENCY MEDICAL SERVICES OF THE
DEPARTMENT OF HEALTH SHALL SUBMIT THE ANNUAL REPORT UNDER
PARAGRAPH (1) NO LATER THAN OCTOBER 1, 2023, AND BY OCTOBER 1
OF EACH YEAR THEREAFTER, TO ALL OF THE FOLLOWING:
(I) THE CHAIR AND MINORITY CHAIR OF THE VETERANS
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AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF THE
SENATE.
(II) THE CHAIR AND MINORITY CHAIR OF THE VETERANS
AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF THE HOUSE
OF REPRESENTATIVES.
(3) THE SECRETARY OF HEALTH SHALL POST THE ANNUAL REPORT
UNDER PARAGRAPH (1) ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE
INTERNET WEBSITE.
SECTION 10. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE AMENDMENT OF 35 PA.C.S. §§ 7813(B)(3) AND
7823(B)(3) SHALL TAKE EFFECT IN 60 DAYS.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
IMMEDIATELY.
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