PRINTER'S NO. 1923
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1303
Session of
2015
INTRODUCED BY DINNIMAN, FONTANA, VULAKOVICH, COSTA, YUDICHAK,
TEPLITZ, RAFFERTY, GREENLEAF AND BREWSTER, JUNE 14, 2016
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
JUNE 14, 2016
AN ACT
Establishing the Student Volunteer Firefighter Housing Grant
Program; providing for the powers and duties of the State
Fire Commissioner; and making an appropriation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Student
Volunteer Firefighter Housing Grant Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commissioner." The State Fire Commissioner of the
Commonwealth.
"Eligible student." A student who joins a sponsoring
volunteer fire company or an emergency medical service company
and enters into a contractual agreement with the sponsoring
company under a local program to provide at least the minimum
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amount of service per week in the activities of a sponsoring
company.
"Emergency medical service company." A nonprofit chartered
corporation, association or organization that is located in this
Commonwealth, is licensed by the Department of Health, is not
associated or affiliated with a hospital and is regularly
engaged in the provision of emergency medical services,
including basic life support, advanced life support services and
advanced life support squads under 35 Pa.C.S. Ch. 81 (relating
to emergency medical services system). The term does not include
a corporation, association or organization that is primarily
engaged in the operation of invalid coaches intended for the
routine transport of persons who are convalescent or otherwise
nonambulatory and do not ordinarily require emergency medical
treatment while in transit.
"Full-time basis." As defined in 22 Pa. Code § 121.1
(relating to definitions), except for purposes of the Federal
Stafford Loan and Federal PLUS Loan Programs.
"Grant program." The Student Volunteer Firefighter Housing
Grant Program established by this act.
"Institution of higher education." As defined in section
2301-A of the act of March 10, 1949 (P.L.30, No.14), known as
the Public School Code of 1949.
"Invalid coach." A vehicle which is primarily maintained,
operated and intended to be used for routine transport of
persons who are convalescent or otherwise nonambulatory and do
not ordinarily require emergency medical treatment while in
transit. The vehicle shall not be considered an ambulance or
emergency medical services vehicle.
"Local program." A program established by a volunteer fire
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company or an emergency medical services company to:
(1) Construct or renovate a facility to house eligible
students.
(2) Enroll and enter into contractual agreements with
students.
(3) House eligible students.
(4) Monitor and enforce eligible students' compliance
with the provisions of the contractual agreement.
"Sponsoring company." A volunteer fire company or an
emergency medical services company that has established a local
program.
"Student." A student who is a resident of this Commonwealth
and enrolled at an institution of higher education on a full-
time basis.
"Volunteer fire company." A nonprofit chartered corporation,
association or organization located in this Commonwealth that
provides fire protection or rescue services and may offer other
voluntary emergency services within this Commonwealth. Voluntary
emergency services provided by a volunteer fire company may
include voluntary emergency medical services.
Section 3. Grant program.
(a) Establishment.--The Student Volunteer Firefighter
Housing Grant Program is established and shall be administered
by the commissioner.
(b) Purpose of grants.--Grants may be awarded to sponsoring
companies for the purpose of constructing or renovating
facilities owned by the sponsoring fire company as housing units
for students in order to increase student membership in
sponsoring companies to maintain and improve the current level
of firefighting and rescue services and emergency medical
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services.
(c) Applications.--A sponsoring company must submit an
application to the agency for a grant in a manner and a form to
be established by the commissioner. The application shall
include a certificate of occupancy issued for the housing units
and a written copy of the local program.
(d) Contents of local program.--A local program shall
contain all of the following:
(1) A sufficiently detailed description of the
construction and renovation of the facility, including
compliance with relevant Federal, State and local building
codes.
(2) A requirement that an eligible student has completed
and received certification from either:
(i) the Pennsylvania Fire Academy, or one of its
delegated authorities, for Firefighter I, II or III, Fire
Officer I or II or Fire Instructor I or II; or
(ii) the Department of Health, for certification as
an emergency medical technician.
(3) A contractual agreement in which a student agrees
to:
(i) become a member of the sponsoring company prior
to occupation of the provided housing and remain a member
of the sponsoring company during the entire period of
time the student occupies the provided housing;
(ii) participate in the function of the sponsoring
company during each semester, any agreed-upon service
during vacation periods and other periods between
semesters;
(iii) comply with the requirement for providing
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certain types of service and a minimum number of hours of
service, that on average equals 30 hours per week, and
any conditions for any time extension or modification of
the type of service, as determined by the agreement;
(iv) pay an amount equal to the total value of the
services, as determined by the agreement, in the event
that the eligible student does not provide the types and
minimum number of hours of service, contained in the
agreement; and
(v) at the end of the school year and any additional
time periods as set forth in the agreement, cooperate
with the sponsoring company in a review of the nature and
hours of service rendered by the eligible student by the
sponsoring company to determine compliance with the
minimum service requirement.
(4) A description of the remedies and procedures
contained in the agreement whereby the sponsoring company may
seek to recover the value of the hours of service not
provided by an eligible student, including any time
extensions for complying with the service requirements.
(5) A description of the manner in which the value of an
hour of service is determined.
(6) A copy of a sample contractual agreement.
(7) Any other information determined to be necessary by
the commissioner.
Section 4. Award of grants.
(a) General rule.--The commissioner may approve a grant
award to a sponsoring company for the purposes of funding
construction of a new facility and renovation of an existing
facility owned by the sponsoring company for the housing of
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eligible students.
(b) Second grants.--A sponsoring company shall be eligible
to apply for and receive one grant under the grant program. An
application from a sponsoring company for a second grant to
expand its local program may be submitted in any year following
the year when the initial grant was received and shall require
an additional showing to the satisfaction of the commissioner
that the initial grant received by the sponsoring company
achieved the goals for improved firefighting, rescue services or
emergency medical services, as stated in the local program.
(c) Amounts.--
(1) The maximum amount of a grant shall not exceed
$50,000. The total amount of grants awarded per fiscal year
shall not exceed $2,500,000.
(2) If the applications for a grant exceed the total
amount of funding for the program, the amount of the grant
shall not be reduced pro rata, and the total number of grants
awarded shall be accordingly reduced.
(d) Local program required.--The commissioner may award a
grant only to a sponsoring company that has established and
submitted to the commissioner a local program with its
application.
(e) Use of grant.--A grant awarded under this act shall be
used for the purposes authorized by this program.
Section 5. Reports.
(a) Duty of sponsoring companies.--
(1) A sponsoring company that receives a grant shall
submit an annual report for two consecutive years following
the receipt of the grant. The initial annual report shall be
submitted one year following the receipt of the grant and on
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that date for the two subsequent years.
(2) The annual report shall include such information as
the commissioner deems necessary to determine the
effectiveness of the grant program and shall include the
number of eligible students who participated, the number of
students who did not comply with the minimum service hour
requirements and the measures undertaken by the sponsoring
company.
(b) Duty of commissioner.--The commissioner shall prepare
and submit a report to the General Assembly by September 30,
2022, on the level of participation by sponsor companies, the
level of participation by eligible students, the effectiveness
of the program to maintain and increase the number of volunteer
fire company members and volunteer emergency medical service
company members and the overall operation of the program. The
report shall include a statement as to whether the commissioner
recommends reenactment of the grant program.
Section 6. Publication and notice.
The commissioner shall file notice of the grant program's
availability through the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin:
(1) within 90 days of the effective date of this section
for the fiscal year beginning July 1, 2016; and
(2) by August 8 for fiscal years beginning after June
30, 2017.
Section 7. Appropriation.
(a) General rule.--The sum of $12,500,000 is hereby
appropriated from the General Fund to the Office of the State
Fire Commissioner to carry out the purposes of this act.
(b) Continuing nature.--This appropriation shall be a
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continuing appropriation and shall not lapse until the close of
the fiscal year on June 30, 2021, when the remaining unspent and
unencumbered funds shall lapse back to the General Fund.
(c) Restriction on use.--No money from the appropriation for
grants shall be used for expenses or costs incurred by the
commissioner for the administration of the grant program under
this act.
Section 8. Regulations.
The commissioner shall:
(1) Promulgate regulations necessary to carry out the
purposes of this act.
(2) Upon completion of at least one public hearing,
publish interim regulations to carry out the purposes of this
act within 90 days of the effective date of this section. The
interim regulations shall not be subject to the act of
October 15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act, or the act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act. The interim regulations
shall expire 18 months following the effective date of this
section or when final regulations are promulgated, whichever
occurs first. Final regulations shall be promulgated no later
than 18 months following the effective date of this section.
Section 9. Expiration of authority.
The authority of the commissioner to award grants under this
act shall expire June 30, 2021.
Section 10. Effective date.
This act shall take effect July 1, 2017, or immediately,
whichever is later.
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