Regular Session 2019-2020 Senate Bill 0910 P.N. 1470

PRIOR PRINTER'S NOS. 1262, 1289

PRINTER'S NO. 1470

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

910

Session of

2019

INTRODUCED BY MASTRIANO, ARGALL, AUMENT, BARTOLOTTA, BREWSTER,

COLLETT, GORDNER, MARTIN, PHILLIPS-HILL, MENSCH, STEFANO,

J. WARD, REGAN, SCHWANK, PITTMAN, BROWNE, YUDICHAK AND

A. WILLIAMS, OCTOBER 18, 2019

AS AMENDED ON THIRD CONSIDERATION, JANUARY 27, 2020

AN ACT

Amending Title 35 (Health and Safety) of the Pennsylvania

Consolidated Statutes, in grants to fire companies and

emergency medical services companies, further providing for

definitions, for establishment, for publication and notice,

for award of grants, for consolidation incentive, for

establishment, for publication and notice and for award of

grants, providing for consolidation incentive, further

providing for Fire Company Grant Program, for Emergency

Medical Services Company Grant Program, for additional

funding, for allocation of appropriated funds and for

expiration of authority and providing for annual reports.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definitions of "emergency medical services

company" or "EMS company" and "fire company" in section 7802 of

Title 35 of the Pennsylvania Consolidated Statutes are amended

and the section is amended by adding a definition to read:

§ 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:

* * *

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

career, nonprofit or volunteer emergency medical services

company or an independent quick response services company.

* * *

"Fire company." A volunteer fire company [or], a municipal

fire company or a combined volunteer and municipal fire company

located in this Commonwealth.

* * *

"Quick response services company." An EMS company that

engages in all of the following actions during an operation:

(1) A response to an actual, reported or perceived

emergency.

(2) The provision of emergency medical services to a

patient pending the arrival of an ambulance.

* * *

Section 2. Sections 7811, 7812, 7813(a), (c) and (d), 7814,

7821, 7822 and 7823(a) and (c) of Title 35 are amended to read:

§ 7811. Establishment.

The Fire Company Grant Program is established and shall be

administered by the [agency in consultation with the]

commissioner in consultation with the agency. Grants provided

under this program shall be used to improve and enhance the

capabilities of [the fire company] fire companies to provide

firefighting, ambulance and rescue services.

§ 7812. Publication and notice.

The [agency] commissioner shall publish notice of the grant

program availability through the Legislative Reference Bureau

for publication in the Pennsylvania Bulletin[:

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

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

(2)] by August 8 for [fiscal years beginning after June

30, 2008.] each fiscal year. The commissioner shall post a

notice of the grant program and application for the grant

program on the Office of the State Fire Commissioner's

publicly accessible Internet website.

§ 7813. Award of grants.

(a) Authorization.--The [agency] commissioner 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] facilities and purchase or repair of fixtures and

furnishings, office equipment and support services necessary

to maintain or improve the capability of the company to

provide fire, ambulance and rescue services.

(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] Education of the general

public regarding fire prevention and community risk

reduction.

(6) Recruitment and retention programs.

(7) Volunteer firefighter length of service award

programs.

* * *

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

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

September [1] 8 of each year [thereafter], the [agency]

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commissioner shall provide applications and 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] commissioner and the

municipalities where the fire companies are located. 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] commissioner within 60 days after

the close of the application period each year shall be deemed

approved.

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

a fire company must:

(1) Have actively responded to at least [10] 15 fire or

rescue emergencies during the previous calendar year.

(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

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participation in the Pennsylvania Fire Information Reporting

System to remain eligible for grant funds.

§ 7814. Consolidation incentive.

If[, after July 31, 2003,] two or more volunteer fire

companies consolidate their use of facilities, equipment,

firefighters and services, the consolidated entity may, upon

notification of the [agency] commissioner, be eligible for a

reduction of the interest rate payable on any outstanding

principal balance owed, as of the date of consolidation, by any

or all of the consolidating companies to the Volunteer Companies

Loan Fund for loans made 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, or under

Subchapter E of Chapter 73 (relating to volunteer fire company,

ambulance service and rescue squad assistance). The reduction in

the interest rate payable shall be from 2% to 1%. Upon receipt

of such notification, the [agency, in conjunction with the State

Fire Commissioner,] commissioner shall determine and verify that

the consolidated entity is in fact a bona fide consolidated

volunteer fire company. If the [agency] commissioner determines

that the consolidated entity is a bona fide consolidated

volunteer fire company, [it] the commissioner shall reduce the

interest rate payable on any outstanding principal balance owed

to the Volunteer Companies Loan Fund for loans made under the

former Volunteer Fire Company, Ambulance Service and Rescue

Squad Assistance Act, or under Subchapter E of Chapter 73, for

which the consolidating companies or the consolidated entity may

be individually or jointly responsible. The [agency]

commissioner may promulgate such rules and regulations as may be

necessary to carry out the provisions of this section.

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§ 7821. Establishment.

The Emergency Medical Services Grant Program is established

and shall be administered by the [agency] commissioner. Grants

provided under this program shall be used to improve and enhance

the capabilities of EMS [companies] to provide ambulance,

emergency medical, basic life support and advanced life support

services.

§ 7822. Publication and notice.

The [agency] commissioner shall publish notice of the grant

program availability through the Legislative Reference Bureau

for publication in the Pennsylvania Bulletin[:

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

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

(2)] by August 8 for [fiscal years beginning after June

30, 2008] each fiscal year.

§ 7823. Award of grants.

(a) Authorization.--The [agency] commissioner is authorized

to make a grant award to each eligible EMS company for the

following:

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

[facility] facilities and purchase or repair of fixtures,

furnishings, office equipment and support services necessary

to maintain or improve the capability of the [ambulance

service] services 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.

(5) Education of the general public regarding community

risk reduction programs.

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(6) Recruitment and retention programs.

* * *

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

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

September [1] 8 of each year thereafter, the [agency]

commissioner shall provide applications and written

instructions for grants under this chapter to the president

or lead officer of every 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 EMS company.

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

and July 1, 2007, shall be a combined application.] EMS

companies seeking grants under this chapter shall submit

completed applications to the [agency] commissioner. The

application period shall remain open for 45 days each year.

The [agency] commissioner 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] commissioner within 60 days

after the close of the application period each year shall be

deemed approved.

Section 3. Title 35 is amended by adding a section to read:

§ 7824. Consolidation incentive.

After January 1, 2020, if two or more emergency medical

services companies consolidate their use of facilities,

equipment, firefighters and services, the consolidated entity

may, upon notification of the commissioner, be eligible for a

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reduction of the interest rate payable on any outstanding

principal balance owed, as of the date of consolidation, by any

or all of the consolidating companies to the Volunteer Companies

Loan Fund for loans made under Subchapter E of Chapter 73

(relating to volunteer fire company, ambulance service and

rescue squad assistance). The reduction in the interest rate

payable shall be from 2% to 1%. Upon receipt of such

notification, the commissioner shall determine and verify that

the consolidated entity is in fact a bona fide consolidated

emergency medical services company. If the commissioner

determines that the consolidated entity is a bona fide

consolidated emergency medical services company, the

commissioner shall reduce the interest rate payable on any

outstanding principal balance owed to the Volunteer Companies

Loan Fund for loans made under Subchapter E of Chapter 73, for

which the consolidating companies or the consolidated entity may

be individually or jointly responsible. The commissioner may

promulgate such rules and regulations as may be necessary to

carry out the provisions of this section.

Section 4. Sections 7831, 7832, 7832.1, 7833 and 7841 of

Title 35 are amended to read:

§ 7831. Fire Company Grant Program.

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

[agency] commissioner for fire company grants under section

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 fire companies under Subchapter B (relating

to fire company grant program).

§ 7832. Emergency Medical Services Company Grant Program.

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

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[agency] commissioner for EMS company grants under section 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 EMS companies under Subchapter C (relating to

emergency medical services grant program).

§ 7832.1. Additional funding.

In addition to sums transferred from the State Gaming Fund

and under section 2413(a)(2) 2413(A)(1) of the act of March 4,

1971 (P.L.6, No.2), known as the Tax Reform Code of 1971 , the

sum of $5,000,000 shall be transferred annually from the

Property Tax Relief Reserve Fund to the Fire Company Grant

Program for the purpose of making grants to eligible fire

companies under this subchapter.

§ 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] commissioner for the

administration of the grant programs authorized under

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

(relating to emergency medical services grant program).

(2) Notwithstanding paragraph (1), 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] commissioner for purposes of

fire company and EMS company grants shall be allocated as

follows:

(1) Eighty-eight percent of the amount appropriated

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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 EMS companies under

Subchapter C.

§ 7841. Expiration of authority.

The authority of the [agency] 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, 2020] June 30, 2024.

Section 5. Title 35 is amended by adding a section to read:

§ 7843. 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 applications sent to fire

companies and EMS companies for 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 and

recruitment and retention as delineated by county and

municipality.

(5) A list of the fire companies as delineated by county

that received additional grants under section 7813(a.2)

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(relating to award of grants).

(6) A list of the different entities that received

grants, including career fire companies, volunteer fire

companies, career 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

Volunteer Loan Assistance Program.

(b) Submission.--The commissioner shall post the annual

report on the Office of the State Fire Commissioner's publicly

accessible Internet website and submit the annual report BY

OCTOBER 1, 2020, AND BY OCTOBER 1 OF EACH YEAR THEREAFTER, to

all of the following:

(1) The c hair 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.

ON THE OFFICE OF THE STATE FIRE COMMISSIONER'S PUBLICLY

ACCESSIBLE INTERNET WEBSITE.

Section 6. This act shall take effect in 60 days.

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