PRINTER'S NO. 3014
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2537
Session of
2022
INTRODUCED BY GUENST, HILL-EVANS, N. NELSON, HERRIN, CIRESI,
SANCHEZ, WEBSTER AND ROZZI, APRIL 25, 2022
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, APRIL 25, 2022
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in municipal authorities, further
providing for definitions, providing for public safety
authorities and further providing for purposes and powers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5602 of Title 53 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
ยง 5602. 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:
* * *
"Public safety projects." The term:
(1) Includes any or all of the following:
(i) Fire protection services.
(ii) Emergency medical services.
(iii) Services, including administrative support,
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coordination of service delivery and financing services,
relating to fire protection services and emergency
medical services.
(2) Excludes police services.
* * *
Section 2. Title 53 is amended by adding a section to read:
ยง 5606.1. Public safety authorities.
(a) Authorization.--Except as provided under subsection (g),
the creation of an authority for the purpose of public safety
projects shall be restricted to a county. Counties may enter
into an agreement to create a joint authority under this
subsection.
(b) Municipal representation.--A county that creates a
public safety authority shall make a reasonable effort to
include representatives of the municipalities the county serves
in the governance structure of the public safety authority.
(c) Contracts.-- The following shall apply:
(1) Municipalities within or adjoining a county where a
public safety authority exists may enter into contracts or
agreements with the authority as may be deemed necessary or
convenient in connection with a public safety project.
(2) Except as provided in paragraph (3), a public safety
authority may not provide services or assess rates or other
charges without the municipality opting by ordinance to enter
into a contract with the authority.
(3) In the case of an authority operating as a dedicated
emergency response organization as defined in 35 Pa.C.S. ยง
7332 (relating to definitions), nothing in this subsection is
intended to interfere with or relieve the dedicated emergency
response organization from an obligation or commitment to
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respond to a dispatch from a public safety answering point or
mutual aid system, or invoice and receive payment from an
appropriate party for the services rendered.
(d) Rates and other charges.--In addition to any other power
of an authority to fix, alter, charge and collect rates and
other charges in the area served by its facilities, a public
safety authority may fix, alter, charge and collect rates and
other charges for the services the authority provides, which
rates and charges shall be reasonable and uniform.
(e) Existing authorities.--Notwithstanding any provision of
this section, an authority that provides public safety services
in existence on the effective date of this section shall be
permitted to continue operation, without limitation, as a public
safety project as provided under this section.
(f) Duties of Department of Community and Economic
Development.--The Department of Community and Economic
Development, in consultation with the State Fire Commissioner in
relation to fire authorities and the Director of the Bureau of
Emergency Medical Services of the Department of Health in
relation to emergency medical services authorities, shall:
(1) Work with relevant stakeholders to develop guidance
and assistance for counties to create public safety
authorities under this section.
(2) Contract with educational and technical assistance
providers to aid counties in starting and operating public
safety authorities.
(g) Municipal authorization.--Municipalities representing at
least 51% of a county's population or 40% of the total number of
municipalities in a county may create a joint public safety
authority if:
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(1) the county, by resolution, states it does not intend
to create a public safety authority; or
(2) municipalities representing at least 51% of the
county's population or 40% of the total number of
municipalities in the county petition the county, by passing
resolutions, to create a public safety authority and the
county does not create the authority within 120 days of
receiving the petition.
(h) Limitation on fire protection services.--The following
shall apply:
(1) A public safety authority may not employ
firefighters.
(2) Fire protection services may not be directly
provided by employees of a public safety authority.
Section 3. Section 5607(b)(2) of Title 53 is amended and
subsection (a) is amended by adding a paragraph to read:
ยง 5607. Purposes and powers.
(a) Scope of projects permitted.--Every authority
incorporated under this chapter shall be a body corporate and
politic and shall be for the purposes of financing working
capital; acquiring, holding, constructing, financing, improving,
maintaining and operating, owning or leasing, either in the
capacity of lessor or lessee, projects of the following kind and
character and providing financing for insurance reserves:
* * *
(19) Only in the case of an authority authorized under
section 5606.1 (relating to public safety authorities),
public safety projects.
(b) Limitations.--This section is subject to the following
limitations:
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* * *
(2) The purpose and intent of this chapter being to
benefit the people of the Commonwealth by, among other
things, increasing their commerce, health, safety and
prosperity and not to unnecessarily burden or interfere with
existing business by the establishment of competitive
enterprises, none of the powers granted by this chapter shall
be exercised in the construction, financing, improvement,
maintenance, extension or operation of any project or
projects or providing financing for insurance reserves which
in whole or in part shall duplicate or compete with existing
enterprises serving substantially the same purposes. This
limitation shall not apply to the exercise of the powers
granted under this section:
(i) for facilities and equipment for the collection,
removal or disposal of ashes, garbage, rubbish and other
refuse materials by incineration, landfill or other
methods if each municipality organizing or intending to
use the facilities of an authority having such powers
shall declare by resolution or ordinance that it is
desirable for the health and safety of the people of such
municipality that it use the facilities of the authority
and state if any contract between such municipality and
any other person, firm or corporation for the collection,
removal or disposal of ashes, garbage, rubbish and other
refuse material has by its terms expired or is terminable
at the option of the municipality or will expire within
six months from the date such ordinance becomes
effective;
(ii) for industrial development projects if the
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authority does not develop industrial projects which will
compete with existing industries;
(iii) for authorities created for the purpose of
providing business improvements and administrative
services if each municipality organizing an authority for
such a project shall declare by resolution or ordinance
that it is desirable for the entire local government unit
to improve the business district;
(iv) to hospital projects or health centers to be
leased to or financed with loans to public hospitals,
nonprofit corporation health centers or nonprofit
hospital corporations serving the public or to school
building projects and facilities to be leased to or
financed with loans to private, nonprofit, nonsectarian
secondary schools, colleges and universities, State-
related universities and community colleges or to
facilities, as limited under the provisions of this
section, to produce steam or to generate electric power
if each municipality organizing an authority for such a
project shall declare by resolution or ordinance that it
is desirable for the health, safety and welfare of the
people in the area served by such facilities to have such
facilities provided by or financed through an authority;
(v) to provide financing for insurance reserves if
each municipality or authority intending to use any
proceeds thereof shall declare by resolution or ordinance
that it is desirable for the health, safety and welfare
of the people in such local government unit or served by
such authority; [or]
(vi) to projects for financing working capital[.];
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or
(vii) to public safety projects that support
existing enterprises serving substantially the same
purposes.
* * *
Section 4. This act shall take effect in 60 days.
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