HOUSE AMENDED
PRIOR PRINTER'S NOS. 846, 874, 1089
PRINTER'S NO. 1378
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
739
Session of
2021
INTRODUCED BY STEFANO, BAKER, DiSANTO, FONTANA, HUTCHINSON,
MARTIN, SCAVELLO, YUDICHAK AND PITTMAN, JUNE 6, 2021
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 7, 2022
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in Commonwealth services, further
providing for definitions and for assistance to fire
companies and EMS companies.; IN GRANTS TO FIRE COMPANIES AND
EMERGENCY MEDICAL SERVICES COMPANIES, ESTABLISHING THE
EMERGENCY MEDICAL SERVICES COVID-19 RECOVERY GRANT PROGRAM
AND PROVIDING FOR EXPIRATION OF AUTHORITY RELATING TO
EMERGENCY MEDICAL SERVICES COVID-19 RECOVERY GRANT PROGRAM;
AND MAKING EDITORIAL CHANGES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "fire company" in section 7363
of Title 35 of the Pennsylvania Consolidated Statutes, added
October 29, 2020 (P.L.739, No.91), is amended to read:
SECTION 1. SECTION 5721.1 OF TITLE 35 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS RENUMBERED TO READ:
§ [5721.1] 5725. CONTRACT SERVICE PROVIDERS.
(A) GENERAL RULE.--EACH SCHOOL ENTITY MAY RENEGOTIATE A
CONTRACT FOR CONTRACT SERVICE PROVIDERS TO ENSURE CONTRACTED
PERSONNEL AND FIXED COSTS, INCLUDING ADMINISTRATIVE AND
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EQUIPMENT, ARE MAINTAINED DURING THE PERIOD OF SCHOOL CLOSURE.
DURING THE PERIOD OF SCHOOL CLOSURE, THE CONTRACT SERVICE
PROVIDERS SHALL SUBMIT WEEKLY DOCUMENTATION TO THE SCHOOL ENTITY
THAT ITS COMPLEMENT LEVELS REMAIN AT OR ABOVE THE LEVEL ON MARCH
13, 2020, IN ORDER TO CONTINUE BEING PAID.
(B) DEFINITIONS.--AS USED IN THIS SECTION, THE TERM "SCHOOL
ENTITY" SHALL HAVE THE SAME MEANING AS IN SECTION 1501.8(N) OF
THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC
SCHOOL CODE OF 1949.
SECTION 2. THE DEFINITION OF "FIRE COMPANY" IN SECTION 7363
OF TITLE 35 IS AMENDED TO READ:
§ 7363. 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:
* * *
"Fire company." [A volunteer fire company.] A volunteer
nonprofit chartered fire company or municipal-owned fire company
or department.
* * *
Section 2 3. Section 7364(c.1) of Title 35 is amended by
adding paragraphs to read:
§ 7364. Assistance to fire companies and EMS companies.
* * *
(c.1) Application review committee.--The office shall
establish an application review committee to review loan
applications and recommendations on loan applications under this
section. The application review committee shall regularly meet
at least quarterly to review loan applications and make
recommendations on loan applications to the office. The
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application review committee shall be chaired by the
commissioner or the commissioner's designee and include the
following members:
* * *
(10) A representative of the Pennsylvania Professional
Fire Fighters Association.
(11) A representative of the Pennsylvania Career Fire
Chiefs Association.
(12) The Secretary of Community and Economic Development
or the secretary's designee.
(13) The Secretary of Conservation and Natural Resources
or the secretary's designee.
* * *
Section 3. This act shall take effect in 60 days.
SECTION 4. SECTIONS 7823.1, 7823.2 AND 7823.3 OF TITLE 35
ARE RENUMBERED TO READ:
§ [7823.1] 7827.1. ESTABLISHMENT.
THE COVID-19 CRISIS FIRE COMPANY AND EMERGENCY MEDICAL
SERVICES GRANT PROGRAM IS ESTABLISHED AND SHALL BE ADMINISTERED
BY THE AGENCY. GRANTS PROVIDED UNDER THE PROGRAM SHALL BE USED
BY FIRE COMPANIES AND EMS COMPANIES TO PROVIDE SERVICES DURING
THE NOVEL CORONAVIRUS PANDEMIC AS IDENTIFIED IN THE PROCLAMATION
OF DISASTER EMERGENCY ISSUED BY THE GOVERNOR ON MARCH 6, 2020,
PUBLISHED AT 50 PA.B. 1644 (MARCH 21, 2020), AND ANY RENEWAL OF
THE STATE OF DISASTER EMERGENCY.
§ [7823.2] 7827.2. PUBLICATION AND NOTICE.
THE AGENCY SHALL TRANSMIT NOTICE OF THE COVID-19 CRISIS FIRE
COMPANY AND EMERGENCY MEDICAL SERVICES GRANT PROGRAM
AVAILABILITY TO THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION
IN THE PENNSYLVANIA BULLETIN WITHIN 30 DAYS OF THE EFFECTIVE
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DATE OF THIS SECTION.
§ [7823.3] 7827.3. AWARD OF GRANTS.
(A) AUTHORIZATION.--THE AGENCY SHALL MAKE A GRANT AWARD FROM
THE COVID-19 CRISIS FIRE COMPANY AND EMERGENCY MEDICAL SERVICES
GRANT PROGRAM TO:
(1) EACH ELIGIBLE FIRE COMPANY THAT RECEIVED A GRANT
AWARD IN FISCAL YEAR 2019-2020 UNDER SECTION 7813 (RELATING
TO AWARD OF GRANTS) FOR THE PURPOSES UNDER SECTION 7813(A)
AND (A.1).
(2) A FIRE COMPANY THAT DID NOT APPLY FOR OR RECEIVE A
GRANT AWARD IN FISCAL YEAR 2019-2020 UNDER SECTION 7813 AND
THAT APPLIES FOR A GRANT UNDER THIS SUBCHAPTER FOR THE
PURPOSES UNDER SECTION 7813(A) AND (A.1).
(3) EACH ELIGIBLE EMS COMPANY THAT RECEIVED A GRANT
AWARD IN FISCAL YEAR 2019-2020 UNDER SECTION 7823 (RELATING
TO AWARD OF GRANTS) FOR THE PURPOSES UNDER SECTION 7823(A).
(4) AN EMS COMPANY THAT DID NOT APPLY FOR OR RECEIVE A
GRANT AWARD IN FISCAL YEAR 2019-2020 UNDER SECTION 7823 AND
THAT APPLIES FOR A GRANT UNDER THIS SUBCHAPTER FOR THE
PURPOSES UNDER SECTION 7823(A).
(B) AMOUNT OF AWARD.--THE AMOUNT OF THE GRANT AWARD UNDER
THIS SUBCHAPTER SHALL BE THE SAME AMOUNT OF THE GRANT AWARD FOR
FISCAL YEAR 2019-2020 TO:
(1) AN ELIGIBLE FIRE COMPANY UNDER SECTION 7813.
(2) AN ELIGIBLE EMS COMPANY UNDER SECTION 7823.
(C) APPLICATION NOT REQUIRED.--
(1) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (2), NO
ADDITIONAL APPLICATION SHALL BE REQUIRED FOR A GRANT UNDER
THIS SUBCHAPTER.
(2) A FIRE COMPANY UNDER SUBSECTION (A)(2) AND AN EMS
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COMPANY UNDER SUBSECTION (A)(4) MUST FILE AN APPLICATION FOR
A GRANT UNDER THIS SUBCHAPTER.
SECTION 5. CHAPTER 78 OF TITLE 35 IS AMENDED BY ADDING A
SUBCHAPTER TO READ:
SUBCHAPTER E
EMERGENCY MEDICAL SERVICES
COVID-19 RECOVERY GRANT PROGRAM
SEC.
7841. ESTABLISHMENT.
7842. AWARD OF GRANTS.
7843. FUNDING AND COSTS.
7844. REPORT.
§ 7841. ESTABLISHMENT.
THE EMERGENCY MEDICAL SERVICES COVID-19 RECOVERY GRANT
PROGRAM IS ESTABLISHED AND SHALL BE ADMINISTERED BY THE OFFICE
OF THE STATE FIRE COMMISSIONER IN CONSULTATION WITH THE
DEPARTMENT OF HEALTH. GRANTS PROVIDED UNDER THE EMERGENCY
MEDICAL SERVICES COVID-19 RECOVERY GRANT PROGRAM SHALL BE USED
BY EMS COMPANIES TO PROVIDE SERVICES IN RESPONSE TO THE NOVEL
CORONAVIRUS PANDEMIC.
§ 7842. AWARD OF GRANTS.
(A) APPLICATION NOT REQUIRED.--NO APPLICATION SHALL BE
REQUIRED TO RECEIVE A GRANT UNDER THIS SUBCHAPTER.
(B) NOTIFICATION.--THE OFFICE OF THE STATE FIRE COMMISSIONER
SHALL NOTIFY IN WRITING EACH EMS COMPANY, AS DEFINED UNDER
SECTION 7802 (RELATING TO DEFINITIONS), OF THE AVAILABILITY OF
GRANTS FROM THE EMERGENCY MEDICAL SERVICES COVID-19 RECOVERY
GRANT PROGRAM FOR THE PURPOSES UNDER SECTION 7823(A) (RELATING
TO AWARD OF GRANTS).
(C) CERTIFICATION.--THE OFFICE OF THE STATE FIRE
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COMMISSIONER SHALL INCLUDE WITH THE WRITTEN NOTIFICATION UNDER
SUBSECTION (B) A FORM FOR EACH ELIGIBLE EMS COMPANY TO CERTIFY
THAT A GRANT RECEIVED UNDER THIS SUBCHAPTER SHALL BE USED FOR
THE PURPOSES UNDER SECTION 7823(A) AND PROVIDE A DEADLINE BY
WHICH AN EMS COMPANY MUST RETURN THE CERTIFICATION FORM.
(D) AMOUNT.--GRANTS SHALL BE AWARDED UNDER THIS SUBCHAPTER
IN AN AMOUNT EQUAL TO THE TOTAL AMOUNT OF FUNDS APPROPRIATED
UNDER SECTION 7843 (RELATING TO FUNDING AND COSTS) LESS THE
AMOUNT USED UNDER SECTION 7843(B) DIVIDED BY THE TOTAL NUMBER OF
EMS COMPANIES THAT RETURNED THE CERTIFICATION UNDER SUBSECTION
(C).
(E) REPORT.--NO LATER THAN JULY 30, 2022, EACH EMS COMPANY
RECEIVING A GRANT AWARD UNDER THIS SUBCHAPTER SHALL REPORT TO
THE OFFICE OF THE STATE FIRE COMMISSIONER HOW IT WILL USE THE
GRANT MONEY AWARDED UNDER SUBSECTION (D).
§ 7843. FUNDING AND COSTS.
(A) APPROPRIATION.--THE SUM OF $25,000,000 OF FEDERAL FUNDS
IN THE COVID-19 RESPONSE RESTRICTED ACCOUNT IS APPROPRIATED TO
THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY FOR THE EMERGENCY
MEDICAL SERVICES COVID-19 RECOVERY GRANT PROGRAM UNDER THIS
SUBCHAPTER. THE PROVISIONS OF SECTION 111-C(G) OF THE ACT OF
APRIL 9, 1929 (P.L.343, NO.176), KNOWN AS THE FISCAL CODE, SHALL
NOT APPLY TO THE AMOUNT APPROPRIATED UNDER THIS SECTION.
(B) ADMINISTRATIVE COSTS.--THE OFFICE OF THE STATE FIRE
COMMISSIONER MAY USE UP TO $200,000 OF UNENCUMBERED FUNDS FROM
THE AMOUNT APPROPRIATED UNDER SUBSECTION (A) FOR ADMINISTRATIVE
COSTS FOR THE IMPLEMENTATION OF THIS SUBCHAPTER.
§ 7844. REPORT.
(A) CONTENTS.--THE COMMISSIONER SHALL PREPARE A REPORT ON
THE EMERGENCY MEDICAL SERVICES COVID-19 RECOVERY GRANT PROGRAM.
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THE REPORT SHALL INCLUDE ALL OF THE FOLLOWING INFORMATION:
(1) THE TOTAL NUMBER OF EMS COMPANIES THAT WERE NOTIFIED
OF THE GRANT PROGRAM.
(2) THE TOTAL NUMBER OF EMS COMPANIES THAT SUBMITTED A
CERTIFICATION FOR THE GRANT PROGRAM.
(3) THE TOTAL NUMBER OF EMS COMPANIES THAT RECEIVED A
GRANT.
(4) THE TOTAL AMOUNT OF THE GRANT RECEIVED BY EACH EMS
COMPANY.
(5) A SUMMARY OF HOW EACH EMS COMPANY WILL USE THE GRANT
MONEY AWARDED UNDER THE PROGRAM.
(B) SUBMISSION.--THE COMMISSIONER SHALL SUBMIT THE REPORT BY
SEPTEMBER 1, 2022, TO ALL OF THE FOLLOWING:
(1) THE CHAIR AND MINORITY CHAIR OF THE VETERANS AFFAIRS
AND EMERGENCY PREPAREDNESS COMMITTEE OF THE SENATE.
(2) THE CHAIR AND MINORITY CHAIR OF THE VETERANS AFFAIRS
AND EMERGENCY PREPAREDNESS COMMITTEE OF THE HOUSE OF
REPRESENTATIVES.
(3) THE CHAIR AND MINORITY CHAIR OF THE APPROPRIATIONS
COMMITTEE OF THE SENATE.
(4) THE CHAIR AND MINORITY CHAIR OF THE APPROPRIATIONS
COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(C) POSTING.--THE COMMISSIONER SHALL POST THE ANNUAL REPORT
ON THE OFFICE OF THE STATE FIRE COMMISSIONER'S PUBLICLY
ACCESSIBLE INTERNET WEBSITE.
SECTION 6. THE HEADING OF SUBCHAPTER E OF CHAPTER 78 OF
TITLE 35 IS AMENDED TO READ:
SUBCHAPTER [E] J
MISCELLANEOUS PROVISIONS
SECTION 7. SECTIONS 7841 AND 7841.1 OF TITLE 35 ARE
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RENUMBERED TO READ:
§ [7841] 7891. EXPIRATION OF AUTHORITY.
THE AUTHORITY OF THE COMMISSIONER TO AWARD GRANTS UNDER
SUBCHAPTERS B (RELATING TO FIRE COMPANY GRANT PROGRAM) AND C
(RELATING TO EMERGENCY MEDICAL SERVICES GRANT PROGRAM) SHALL
EXPIRE JUNE 30, 2024.
§ [7841.1] 7892. EXPIRATION OF AUTHORITY RELATING TO COVID-19
CRISIS FIRE COMPANY AND EMERGENCY MEDICAL SERVICES
GRANT PROGRAM.
THE AUTHORITY OF THE AGENCY TO AWARD GRANTS UNDER SUBCHAPTER
C.1 (RELATING TO COVID-19 CRISIS FIRE COMPANY AND EMERGENCY
MEDICAL SERVICES GRANT PROGRAM) SHALL EXPIRE SIX MONTHS AFTER
THE EFFECTIVE DATE OF THIS SECTION.
SECTION 8. TITLE 35 IS AMENDED BY ADDING A SECTION TO READ:
§ 7893. EXPIRATION OF AUTHORITY RELATING TO EMERGENCY MEDICAL
SERVICES COVID-19 RECOVERY GRANT PROGRAM.
THE AUTHORITY OF THE OFFICE OF THE STATE FIRE COMMISSIONER TO
AWARD GRANTS UNDER SUBCHAPTER E (RELATING TO EMERGENCY MEDICAL
SERVICES COVID-19 RECOVERY GRANT PROGRAM) SHALL EXPIRE JUNE 30,
2022.
SECTION 9. SECTIONS 7842 AND 7843 OF TITLE 35 ARE RENUMBERED
TO READ:
§ [7842] 7894. SPECIAL PROVISIONS.
(A) CLAIM.--AN APPLICANT FOR A GRANT UNDER THIS CHAPTER WHO
FAILED TO RETURN A SIGNED AGREEMENT FOR THE PRECEDING YEAR SHALL
NOT BE PERMITTED TO APPLY FOR A GRANT IN THE CURRENT YEAR UNLESS
THE APPLICANT HAS PROVIDED THE COMMISSIONER WITH A REASONABLE
WRITTEN EXPLANATION AS TO WHY IT DID NOT CLAIM ITS GRANT.
(B) DELINQUENCY.--AN APPLICANT FOR A GRANT UNDER THIS
CHAPTER WHO IS DELINQUENT IN LOAN PAYMENTS TO THE PENNSYLVANIA
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FIRE AND EMERGENCY MEDICAL SERVICES LOAN PROGRAM MUST USE ITS
GRANT FUNDS TO PAY ANY ARREARS TO THE COMMONWEALTH OR IT WILL
NOT BE QUALIFIED TO RECEIVE A GRANT. ANY ORGANIZATION THAT FAILS
TO COMPLY WITH THIS SUBSECTION SHALL BE DISQUALIFIED FROM
APPLYING TO THE GRANT PROGRAM FOR A PERIOD OF FIVE YEARS.
(C) DEMONSTRATION.--AN APPLICANT FOR A GRANT UNDER THIS
CHAPTER MUST DEMONSTRATE THAT IT COMPLIED WITH ALL OF THE TERMS
OF ITS GRANT AGREEMENT IN THE PREVIOUS YEAR REGARDING THE USE OF
THE GRANT MONEY IT RECEIVED IN PREVIOUS YEARS OR IT SHALL NOT BE
ELIGIBLE TO RECEIVE A GRANT IN THE CURRENT YEAR.
(D) APPROVAL.--AN APPLICANT SHALL NOT BE APPROVED FOR A
GRANT TO BE USED FOR PURPOSES OTHER THAN THOSE STATED IN SECTION
7813(A) (RELATING TO AWARD OF GRANTS) OR 7823(A) (RELATING TO
AWARD OF GRANTS).
§ [7843] 7895. ANNUAL REPORTS.
(A) CONTENTS.--THE COMMISSIONER SHALL PREPARE AN ANNUAL
REPORT ON THE FIRE COMPANY GRANT PROGRAM AND EMERGENCY MEDICAL
SERVICES GRANT PROGRAM. THE ANNUAL REPORT SHALL INCLUDE ALL OF
THE FOLLOWING INFORMATION:
(1) THE TOTAL NUMBER OF FIRE COMPANIES AND EMS COMPANIES
THAT WERE NOTIFIED OF THE GRANT PROGRAMS.
(2) THE TOTAL NUMBER OF FIRE COMPANIES AND EMS COMPANIES
THAT SUBMITTED APPLICATIONS FOR THE GRANT PROGRAMS.
(3) THE TOTAL NUMBER OF FIRE COMPANIES AND EMS COMPANIES
THAT WERE APPROVED FOR GRANTS.
(4) AN ANALYSIS OF HOW THE GRANTS WERE USED FOR
FACILITIES, EQUIPMENT, DEBT REDUCTION, TRAINING AND
CERTIFICATION, THE EDUCATION OF THE GENERAL PUBLIC,
CONSTRUCTION SAVINGS ACCOUNTS AND RECRUITMENT AND RETENTION,
INCLUDING LENGTH OF SERVICE AWARD PROGRAMS, AS DELINEATED BY
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COUNTY AND MUNICIPALITY.
(5) A LIST OF THE FIRE COMPANIES AS DELINEATED BY COUNTY
THAT RECEIVED ADDITIONAL GRANTS UNDER SECTION 7813(A.2)
(RELATING TO AWARD OF GRANTS).
(6) A LIST OF THE DIFFERENT ENTITIES THAT RECEIVED
GRANTS, INCLUDING MUNICIPAL FIRE COMPANIES, VOLUNTEER FIRE
COMPANIES, MUNICIPAL EMERGENCY MEDICAL SERVICES COMPANIES AND
VOLUNTEER EMS COMPANIES.
(7) A LIST OF THE DIFFERENT REASONS WHY GRANTS WERE NOT
ISSUED TO FIRE COMPANIES AND EMS COMPANIES, INCLUDING, BUT
NOT LIMITED TO, THE FOLLOWING:
(I) FAILURE TO SUBMIT APPLICATIONS FOR THE GRANT
PROGRAMS.
(II) FAILURE TO RUN CALLS FOR EMERGENCIES.
(III) DELINQUENCIES AND BANKRUPTCIES.
(8) A LIST OF THE FIRE COMPANIES AND EMS COMPANIES THAT
UTILIZED THE GRANTS TO PAY OFF LOANS UNDER THE PENNSYLVANIA
FIRE AND EMERGENCY MEDICAL SERVICES LOAN PROGRAM.
(B) SUBMISSION.--THE COMMISSIONER SHALL SUBMIT THE ANNUAL
REPORT BY OCTOBER 1, 2020, AND BY OCTOBER 1 OF EACH YEAR
THEREAFTER, TO ALL OF THE FOLLOWING:
(1) THE CHAIR AND MINORITY CHAIR OF THE VETERANS AFFAIRS
AND EMERGENCY PREPAREDNESS COMMITTEE OF THE SENATE.
(2) THE CHAIR AND MINORITY CHAIR OF THE VETERANS AFFAIRS
AND EMERGENCY PREPAREDNESS COMMITTEE OF THE HOUSE OF
REPRESENTATIVES.
(C) POSTING.--THE COMMISSIONER SHALL POST THE ANNUAL REPORT
ON THE OFFICE OF THE STATE FIRE COMMISSIONER'S PUBLICLY
ACCESSIBLE INTERNET WEBSITE.
SECTION 10. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
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(1) THE AMENDMENT OF THE DEFINITION OF "FIRE COMPANY" IN
35 PA.C.S. §§ 7363 AND 7364(C.1) SHALL TAKE EFFECT IN 60
DAYS.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
IMMEDIATELY.
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