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PRINTER'S NO. 3075
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2523
Session of
2022
INTRODUCED BY D. MILLER, MADDEN, GALLOWAY, HILL-EVANS,
N. NELSON, FREEMAN, WELBY, D. WILLIAMS, SANCHEZ, McNEILL,
DRISCOLL, LONGIETTI, GUENST, KIRKLAND, PISCIOTTANO, SCHMITT,
ROZZI, DELLOSO, SCHLOSSBERG AND COVINGTON, MAY 2, 2022
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, MAY 2, 2022
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in grants to fire companies and
emergency medical services companies, establishing the
Firefighter Safety Equipment Grant Program in the Office of
State Fire Commissioner and the Firefighter Safety Equipment
Grant Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 78 of Title 35 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER F
FIREFIGHTER SAFETY EQUIPMENT GRANT PROGRAM
Sec.
7851. Definitions.
7852. Firefighter Safety Equipment Grant Program.
7853. Applications.
7854. Fire company eligibility.
7855. Reimbursements.
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7856. Annual reports.
7857. Distribution of information.
7858. Appropriation.
§ 7851. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Airport fire company." A fire company that does all of the
following:
(1) Is associated with an airport.
(2) Has a mutual aid agreement with a neighboring
municipality.
(3) Has responded to at least 15 fire or rescue
emergency calls annually to neighboring fire companies as
provided in documentation requested by the commissioner.
"Commissioner." The State Fire Commissioner.
"Eligible fire company." A fire company that is eligible
under section 7854(b) (relating to fire company eligibility) to
receive reimbursement from the fund.
"Fire company." A volunteer fire company, a municipal fire
company or a combined volunteer and municipal fire company
located in this Commonwealth. The term includes an airport fire
company.
"Firefighter." A career firefighter or volunteer firefighter
in good standing with a fire company who actively responded to
at least 15 fire or rescue emergencies as determined by the
firefighter's fire company during the previous calendar year.
"Fund." The Firefighter Safety Equipment Grant Fund
established under section 7852(b) (relating to Firefighter
Safety Equipment Grant Program).
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"Municipality." A county, city, borough, incorporated town,
township or home rule municipality.
"Office." The Office of the State Fire Commissioner.
"Personal protective gear." Firefighting equipment,
including boots, pants, jacket, hood and helmet that meet
occupational safety and health standards under 29 CFR
1910.156(e) (relating to fire brigades) for fire response.
"Program." The Firefighter Safety Equipment Grant Program
established under section 7852(a).
"Volunteer fire company." A nonprofit chartered corporation,
association or organization located in this Commonwealth that
provides fire protection or rescue services within this
Commonwealth.
§ 7852. Firefighter Safety Equipment Grant Program.
(a) Establishment.--The Firefighter Safety Equipment Grant
Program is established within the office for the purposes of
this subchapter.
(b) Firefighter Safety Equipment Grant Fund.--The
Firefighter Safety Equipment Grant Fund is established as a
special fund within the State Treasury. The fund shall consist
of money appropriated or transferred to the fund by act of the
General Assembly, in addition to any grants, gifts, donations or
other payments from other sources. Money in the fund is
appropriated on a continuing basis to the office for the
purposes of subsection (c).
(c) Use.--Money in the fund shall be used for:
(1) Reimbursing eligible fire companies for costs
incurred for personal protective gear or other protective
equipment for firefighters.
(2) Administering the provisions of this subchapter.
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§ 7853. Applications.
(a) Notice.--The following shall apply:
(1) By September 8 of each year, the commissioner shall
provide application forms and written instructions for
reimbursements from the fund to:
(i) The fire chief and president of each volunteer
fire company.
(ii) The chief executive of each municipality in
which a municipal fire company is located.
(iii) The head of each combined volunteer and
municipal fire company and each airport fire company.
(2) The application forms and written instructions for
reimbursements from the fund shall be posted on the publicly
accessible Internet website of the office.
(b) Contents.--An application for reimbursement from the
fund must contain the following:
(1) The name, address, telephone number and other
contact information of the fire company requesting
reimbursement.
(2) The name of all firefighters to receive a
reimbursement for personal protective gear or other
protective equipment.
(3) Documentation reflecting the out-of-pocket costs
borne by the fire company or the firefighter for personal
protective gear or other protective equipment to be
reimbursed, as well as any certification requirements
otherwise prescribed.
(4) Any other information required by the office to
assist in processing reimbursement from the fund.
(c) Completion.--The following shall apply:
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(1) The period to submit applications for reimbursement
from the fund shall remain open for 45 days each year.
(2) Completed applications for reimbursement from the
fund shall be submitted to the office within the designated
time frames and in the form and manner prescribed by the
office.
(d) Determination.--Within 60 days of the application
submission deadline each year, the commissioner shall act to
approve or disapprove submitted applications for reimbursement
from the fund. Applications that have not been approved or
disapproved within 60 days after the close of the application
period each year shall be deemed approved.
§ 7854. Fire company eligibility.
(a) Mandate.--Reimbursement from the fund may only be made
to an eligible fire company.
(b) Criteria.--To be considered an eligible fire company, a
fire company must:
(1) Actively participate in the Pennsylvania Fire
Information Reporting System (PennFIRS) under a signed
agreement. The following apply:
(i) The commissioner shall develop guidelines
specifying the criteria necessary to determine the level
of participation in PennFIRS for fire companies to remain
eligible for reimbursement from the fund.
(ii) The commissioner shall transmit notice of the
guidelines under subparagraph (i) to the Legislative
Reference Bureau for publication in the Pennsylvania
Bulletin.
(2) Certify that a firefighter be in good standing with
the fire company for at least the last 24 months to receive
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reimbursement from the fund.
(3) Certify that a firefighter who obtained personal
protective gear and for whom reimbursement is sought from the
fund has received the minimum level of Firefighter 2 under
the Pennsylvania State Fire Academy standards before the
reimbursement application is made.
(4) Certify that a firefighter to receive reimbursement
or for whom a fire company is receiving reimbursement:
(i) has not received reimbursement for gear under
the program for the preceding five years; or
(ii) is replacing personal protective gear
permanently taken out of service due to incident response
or training exercise.
§ 7855. Reimbursements.
(a) Retention of reimbursement.--If a fire company receives
reimbursement for costs that were paid directly by the fire
company on behalf of a firefighter, the fire company may retain
the reimbursement.
(b) Distribution of reimbursement.--If a fire company
receives reimbursement for costs that were paid directly by the
firefighter, the fire company shall distribute the reimbursement
to the firefighter as soon as practicable.
(c) Amount.--The amount of a reimbursement under subsection
(a) shall be commensurate with the actual expenses incurred and
shall not exceed $4,500 per firefighter.
(d) Pro rata reimbursements.--Reimbursements shall be made
on a pro rata basis if the total dollar amount of the approved
applications exceeds the amount of money available in the fund
to provide the reimbursements.
§ 7856. Annual reports.
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(a) Requirement.--No later than September 1 of each year,
the office shall issue an annual report, which shall include all
of the following information:
(1) The money in the fund at the beginning of the
previous fiscal year and the balance in the fund at the end
of the previous fiscal year.
(2) The number of reimbursement applications received by
the office during the previous fiscal year.
(3) The number of reimbursements made during the
previous fiscal year.
(4) The fire companies to which reimbursements were made
during the previous fiscal year.
(5) The total dollar amount of reimbursements made
during the previous fiscal year.
(b) Submittal.--Each report under this section shall be
posted on the publicly accessible Internet website of the office
and submitted to the following:
(1) The chairperson and minority chairperson of the
Veterans Affairs and Emergency Preparedness Committee of the
Senate.
(2) The chairperson and minority chairperson of the
Veterans Affairs and Emergency Preparedness Committee of the
House of Representatives.
§ 7857. Distribution of information.
The office shall annually distribute information on the fund
to all fire companies in this Commonwealth, including
reimbursement procedures and eligibility criteria.
§ 7858. Appropriation.
Money necessary to administer this chapter shall be provided
by an annual appropriation by the General Assembly.
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Section 2. This act shall take effect in 90 days.
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