Regular Session 2015-2016 House Bill 1877 P.N. 3321

HOUSE AMENDED

PRIOR PRINTER'S NOS. 2920, 3014

PRINTER'S NO. 3321

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1877

Session of

2015

INTRODUCED BY BARRAR, SAINATO, FARRY, BAKER, BIZZARRO, BOBACK,

R. BROWN, BULLOCK, CAUSER, CONKLIN, CORBIN, D. COSTA,

SCHLEGEL CULVER, DAVIS, DEASY, DeLUCA, DiGIROLAMO, DUNBAR,

EVERETT, FEE, GABLER, GIBBONS, GILLEN, GOODMAN, GREINER,

HARHAI, HARPER, A. HARRIS, IRVIN, JAMES, JOZWIAK, KAUFFMAN,

KAVULICH, KILLION, KNOWLES, KOTIK, LAWRENCE, MACKENZIE,

MAHONEY, MAJOR, MARSICO, MASSER, McGINNIS, McNEILL, MILNE,

MULLERY, MURT, O'NEILL, OBERLANDER, PETRARCA, PICKETT,

QUIGLEY, READSHAW, ROSS, ROZZI, SAYLOR, SCHLOSSBERG,

SCHWEYER, SNYDER, SONNEY, TOEPEL, WARD, WATSON, WHEELAND,

WHITE, ZIMMERMAN, KORTZ, DUSH, RAVENSTAHL, MICCARELLI,

DAVIDSON AND ROAE, MARCH 10, 2016

SENATOR VULAKOVICH, VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,

IN SENATE, AS AMENDED, MAY 11, 2016

AN ACT

Amending Title 35 (Health and Safety) of the Pennsylvania

Consolidated Statutes, in grants to fire companies and

volunteer services, further providing for scope of chapter,

for definitions, for award of grants for volunteer fire

companies, for establishment, for award of grants for

emergency medical services companies, for the Volunteer Fire

Company Grant Program, for the Volunteer Ambulance Service

Grant Program, for allocation of appropriated funds, for

expiration of authority and for special provisions; and

making an editorial change.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The heading of Chapter 78 of Title 35 of the

Pennsylvania Consolidated Statutes is amended to read:

CHAPTER 78

GRANTS TO FIRE COMPANIES AND

[VOLUNTEER SERVICES]

EMERGENCY MEDICAL SERVICES COMPANIES

Section 2. Sections 7801, 7802 and 7813 of Title 35 are

amended to read:

§ 7801. Scope of chapter.

This chapter relates to grants to fire companies and

[volunteer ambulance services] emergency medical services

companies.

§ 7802. 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:

"Advanced life support services." The term shall have the

meaning given to it in Chapter 81 (relating to emergency medical

services system).

"Agency." The Pennsylvania Emergency Management Agency.

"Basic life support services." The term shall have the

meaning given to it in Chapter 81 (relating to emergency medical

services system).

"Career emergency medical services." As follows:

(1) A for-profit chartered emergency medical service

corporation, association or organization which meets all of

the following:

(i) Is located in this Commonwealth.

(ii) Is licensed by the Department of Health.

(iii) Is not associated or affiliated with a

hospital ; , unless recognized in accordance with section

7823(b.1) (relating to award of grants).

(iv) Is regularly engaged in the provision of

emergency medical services, including basic life support

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or advanced life support services and advanced life

support squads as defined in 28 Pa. Code § 1027.1

(relating to general provisions).

(2) The term shall not include a corporation,

association or organization that is primarily engaged in the

operation of invalid coaches which are intended for the

routine transport of individuals who are convalescent or

nonambulatory and who do not ordinarily require emergency

medical treatment while in transit.

"Commissioner." The State Fire Commissioner.

"Emergency medical services company" or "EMS company." A

career or volunteer emergency medical services company.

"Facility." A structure or portion thereof intended for the

purpose of storage or protection of firefighting apparatus,

ambulances and rescue vehicles and related equipment and gear.

The term does not include meeting halls, social halls, social

rooms, lounges or any other facility not directly related to

firefighting or the furnishing of ambulance or rescue services.

"Fire company." A volunteer fire company or a municipal fire

company located in this Commonwealth.

"Grant program." The Fire Company Grant Program established

in Subchapter B (relating to fire company grant program) or the

[Volunteer Ambulance Service] Emergency Medical Services Grant

Program established in Subchapter C (relating to [volunteer

ambulance service] emergency medical services grant program).

"Invalid coach." The term shall have the meaning given to it

in Chapter 81 (relating to emergency medical services system).

"Volunteer [ambulance service] EMS company." Any nonprofit

chartered corporation, association or organization located in

this Commonwealth, which is licensed by the Department of Health

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and is not associated or affiliated with any hospital, UNLESS

RECOGNIZED IN ACCORDANCE WITH SECTION 7823(B.1) (RELATING TO

AWARD OF GRANTS), and which is regularly engaged in the

provision of emergency medical services, including basic life

support or advanced life support services and advanced life

support squads as defined in 28 Pa. Code § [1005.1 (relating to

general provisions)] 1027.1. The term shall not include any

corporation, association or organization that is primarily

engaged in the operation of invalid coaches which are intended

for the routine transport of persons who are convalescent or

otherwise nonambulatory and do not ordinarily require emergency

medical treatment while in transit.

"Volunteer fire company." A nonprofit chartered corporation,

association or organization located in this Commonwealth which

provides fire protection or rescue services and which may offer

other voluntary emergency services within this Commonwealth.

Voluntary emergency services provided by a volunteer fire

company may include voluntary ambulance and voluntary rescue

services.

"Volunteer rescue company." A nonprofit chartered

corporation, association or organization located in this

Commonwealth that provides rescue services as part of the

response to fires or vehicle accidents within this Commonwealth.

§ 7813. Award of grants.

(a) Authorization.--The agency is authorized to make a grant

award to each eligible fire company for the following:

(1) Construction and renovation of the fire company's

facility and purchase or repair of fixtures and furnishings

necessary to maintain or improve the capability of the

company to provide fire, ambulance and rescue services.

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(2) Repair of firefighting, ambulance or rescue

equipment or purchase thereof.

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

(4) Training and certification of members.

(5) Training and education of the general public

regarding fire prevention.

(a.1) Additional uses for paid municipal fire companies.--In

addition to the authorized uses under subsection (a), the

commissioner may establish additional authorized uses of grant

funds for paid municipal fire companies. Additional authorized

uses established under this subsection must be published in the

Pennsylvania Bulletin and on the commissioner's publicly

accessible Internet website.

(a.2) Additional grants.--Each fire company with not more

than 20 members who are certified by the National Professional

Qualifications Board or by the International Fire Service

Accreditation Congress and are verified by the Pennsylvania

State Fire Academy at a minimum level of Fire Fighter 1 on or

before July 1 of the year of the grant application shall be

eligible to receive additional grants under a certification

bonus point system as administered by the commissioner.

(b) Limits.--

(1) Except as provided in paragraph (3), grants shall be

not less than $2,500 and not more than $15,000 per fire

company.

(2) Grants may be awarded on a pro rata basis if the

total dollar amount of the approved application exceeds the

amount of funds appropriated by the General Assembly for this

purpose.

(3) In a municipality where there are two or more

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volunteer fire companies and if two or more volunteer fire

companies consolidated their use of equipment, firefighters

and services within [five] 10 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.

(1) Within 30 days of June 28, 2007, for the fiscal

years beginning July 1, 2006, and July 1, 2007, and by

September 1 of each year thereafter, the agency shall provide

written instructions for grants under this chapter to:

(i) except as set forth in subparagraph (ii), the

fire chief and president of every fire company; or

(ii) in the case of a municipal fire company, the

chief executive of the municipality.

(2) Within 45 days of June 28, 2007, for the fiscal

years beginning July 1, 2006, and July 1, 2007, and by

September 8 of each year thereafter, the agency shall provide

applications to individuals specified in paragraph (1). The

application for the fiscal years commencing July 1, 2006, and

July 1, 2007, shall be a combined application. Fire companies

seeking grants under this chapter shall submit completed

applications to the agency. The application period shall

remain open for 45 days each year. The agency shall act to

approve or disapprove applications within 60 days of the

application submission deadline each year. Applications which

have not been approved or disapproved by the agency within 60

days after the close of the application period each year

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shall be deemed approved.

(d) Eligibility.--To receive grant funds under this chapter,

a fire company [shall have] must:

(1) Have actively responded to [one or more] at least 10

fire or rescue emergencies during the previous calendar year

[and must have signed and be under an agreement to actively

participate in the Pennsylvania Fire Information Reporting

System which is administered by the agency].

(2) Be actively participating in the Pennsylvania Fire

Information Reporting System under a signed agreement. The

commissioner shall develop and publish guidelines specifying

the criteria necessary to determine the level of

participation in the Pennsylvania Fire Information Reporting

System to remain eligible for grant funds.

Section 3. The heading of Subchapter C of Chapter 78 of

Title 35 is amended to read:

SUBCHAPTER C

[VOLUNTEER AMBULANCE SERVICE]

EMERGENCY MEDICAL SERVICES GRANT PROGRAM

Section 4. Sections 7821, 7823, 7831, 7832, 7833, 7841 and

7842(b) of Title 35 are amended to read:

§ 7821. Establishment.

The [Volunteer Ambulance Service] Emergency Medical Services

Grant Program is established and shall be administered by the

agency. Grants provided under this program shall be used to

improve and enhance the capabilities of [the volunteer ambulance

services] EMS companies to provide ambulance, emergency medical,

basic life support and advanced life support services.

§ 7823. Award of grants.

(a) Authorization.--The agency is authorized to make a grant

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award to each eligible [volunteer ambulance service] EMS company

for the following:

(1) Construction and renovation of the [volunteer

ambulance service's] EMS company's facility and purchase or

repair of fixtures, furnishings, office equipment and support

services necessary to maintain or improve the capability of

the ambulance service to provide ambulance, emergency

medical, basic life support and advanced life support

services.

(2) Repair of ambulance equipment or purchase thereof.

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

(4) Training and certification of members.

(b) Limits.--

(1) Grants shall be not less than $2,500 and not more

than $10,000 per [volunteer ambulance service] EMS company.

(2) Grants may be awarded on a pro rata basis if the

total dollar amount of the approved application exceeds the

amount of funds appropriated by the General Assembly for this

purpose.

(3) If two or more [volunteer ambulance services] EMS

companies consolidated their use of equipment, personnel and

services within [five] 10 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.

(b.1) Eligibility.--To receive grant funds under this

chapter, an EMS company must be designated by a municipality as

the municipality's primary EMS provider.

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(1) Within 30 days of June 28, 2007, for the fiscal

years commencing July 1, 2006, and July 1, 2007, and by

September 1 of each year thereafter, the agency shall provide

written instructions for grants under this chapter to the

president of every [volunteer ambulance service] EMS company

in this Commonwealth.

(2) Within 45 days of the effective date of June 28,

2007, for the fiscal years commencing July 1, 2006, and July

1, 2007, and by September 8 of each year, the agency shall

provide applications to the president of every [volunteer

ambulance service] EMS company. The application for the

fiscal years commencing July 1, 2006, and July 1, 2007, shall

be a combined application. [Volunteer ambulance services] EMS

companies seeking grants under this chapter shall submit

completed applications to the agency. The application period

shall remain open for 45 days each year. The agency shall act

to approve or disapprove applications within 60 days of the

application submission deadline each year. Applications which

have not been approved or disapproved by the agency within 60

days after the close of the application period each year

shall be deemed approved.

§ 7831. [Volunteer] Fire Company Grant Program.

The sum of $22,000,000 of the amount appropriated to the

agency for [volunteer] fire company grants under section [225

of the act of March 20, 2003 (P.L.463, No.1A), known as the

General Appropriation Act of 2003] 1799-E of the act of April

9, 1929 (P.L.343, No.176), known as The Fiscal Code, shall be

expended for the purpose of making grants to eligible

[volunteer] fire companies under Subchapter B (relating to

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[volunteer] fire company grant program).

§ 7832. [Volunteer Ambulance Service] Emergency Medical

Services Company Grant Program.

The sum of $3,000,000 of the amount appropriated to the

agency for [volunteer] EMS company grants under section [225

of the act of March 20, 2003 (P.L.463, No.1A), known as the

General Appropriation Act of 2003] 1799-E of the act of April

9, 1929 (P.L.343, No.176), known as The Fiscal Code, shall be

expended for the purpose of making grants to eligible

[volunteer ambulance] EMS companies under Subchapter C

(relating to [volunteer ambulance service] emergency medical

services company grant program).

§ 7833. Allocation of appropriated funds.

(a) Administration.--

(1) Except as provided under paragraph (2), no money

from the appropriation for grants shall be used for expenses

or costs incurred by the agency for the administration of the

grant programs authorized under Subchapters B (relating to

fire company grant program) and C (relating to [volunteer

ambulance service] emergency medical services grant program).

(2) Notwithstanding paragraph (1), [each fiscal year the

commissioner may use an amount of up to $250,000 of the total

amount of funds transferred or appropriated to the grant

program under Subchapter B for the administrative costs to

implement that grant program.] the commissioner may use not

more than $800,000 of any unencumbered funds remaining in the

fund for administrative costs for grant program

implementation under this chapter.

(b) Grant allocation.--Unless otherwise expressly stated,

money appropriated to the agency for purposes of company grants

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shall be allocated as follows:

(1) Eighty-eight percent of the amount appropriated

shall be used for making grants to eligible fire companies

under Subchapter B.

(2) Twelve percent of the amount appropriated shall be

used for making grants to eligible [volunteer ambulance] EMS

companies under Subchapter C.

§ 7841. Expiration of authority.

The authority of the agency to award grants under

Subchapters B (relating to fire company grant program) and C

(relating to [volunteer ambulance service] emergency medical

services grant program) shall expire June 30, [2016] 2020.

§ 7842. Special provisions.

* * *

(b) Delinquency.--An applicant for a grant under this

chapter who is delinquent in loan payments to the Pennsylvania

Volunteer Loan Assistance Program established under the act of

July 15, 1976 (P.L.1036, No.208), known as the Volunteer Fire

Company, Ambulance Service and Rescue Squad Assistance Act,

[shall agree to] must use its grant funds to pay any arrears to

the Commonwealth or it will not be qualified to receive a grant.

Any organization [agreeing to this arrangement who] that fails

to [make the payment to the Commonwealth] comply with this

subsection shall be disqualified from applying to the grant

program for a period of three years.

* * *

Section 5. This act shall take effect immediately.

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