See other bills
under the
same topic
PRIOR PRINTER'S NOS. 1419, 1426
PRINTER'S NO. 1724
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1099
Session of
2024
INTRODUCED BY MASTRIANO, BROOKS, BROWN, COSTA, DILLON, GEBHARD,
HUTCHINSON, PENNYCUICK, ROTHMAN, BAKER, REGAN, SCHWANK,
VOGEL, J. WARD, CULVER, MUTH AND FARRY, MARCH 12, 2024
AS AMENDED ON THIRD CONSIDERATION, JUNE 11, 2024
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 publication and notice, for award of grants,
for consolidation incentive, for publication and notice and
for award of grants, repealing provisions relating to COVID-
19 Crisis Fire Company and Emergency Medical Services Grant
Program and to Emergency Medical Services COVID-19 Recovery
Grant Program, further providing for expiration of authority,
repealing provisions relating to expiration of authority
relating to COVID-19 Crisis Fire Company and Emergency
Medical Services Grant Program and to expiration of authority
relating to Emergency Medical Services COVID-19 Recovery
Grant Program and further providing for annual reports.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "career emergency medical
services," "invalid coach" and "volunteer EMS company" in
section 7802 of Title 35 of the Pennsylvania Consolidated
Statutes are amended 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
context clearly indicates otherwise:
* * *
"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
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.
* * *
["Invalid coach." The term shall have the meaning given to
it in Chapter 81 (relating to emergency medical services
system).]
"Volunteer EMS company." Any nonprofit chartered
corporation, association or organization located in this
Commonwealth, which is licensed by the Department of Health and
is not associated or affiliated with any hospital, unless
20240SB1099PN1724 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 § 1027.1 (relating to
general provisions). 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.
* * *
Section 2. Section 7812 of Title 35 is amended to read:
§ 7812. Publication and notice.
The commissioner shall publish notice of the grant program
availability through the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin by August 8 for 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. To the greatest extent possible, the commissioner shall
utilize the Commonwealth's Electronic Single Application for
Assistance.
Section 3. Section 7813(a)(7), (a.2), (c)(2), (d) and (e)
introductory paragraph and (2)(i) of Title 35 are amended and
the section is amended by adding a subsection to read:
§ 7813. Award of grants.
(a) Authorization.--The commissioner is authorized to make a
grant award to each eligible fire company for the following:
* * *
20240SB1099PN1724 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
[(7) Revenue loss for grants issued in 2021 and 2022.]
* * *
[(a.2) Additional grants.--Each fire company with not more
than 20 members who are certified by the National Board on Fire
Service Professional Qualifications or by the International Fire
Service Accreditation Congress and are verified by the
Pennsylvania State Fire Academy at a minimum level of
Firefighter 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.]
(a.3) Additional grants.--The commissioner may establish a
certification bonus point system to award additional grants to
fire companies. The commissioner shall submit the certification
bonus point system to the Legislative Reference Bureau for
publication in the next available issue of the Pennsylvania
Bulletin concurrently with the notice required under section
7812 (relating to publication and notice).
* * *
(c) Time for filing application and department action.--
* * *
(2) Fire companies seeking grants under this chapter
shall submit completed applications to the commissioner and
the municipalities where the fire companies are located. The
following shall apply:
(i) 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 commissioner
20240SB1099PN1724 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
within 60 days after the close of the application period
each year shall be deemed approved.
(ii) The commissioner may extend the application
period under subparagraph (i) for up to 45 additional
days for a single fire company, upon request by the fire
company, if the fire company demonstrates hardship or
undue burden that prevents the fire company from
submitting a completed application within the
application period specified under subparagraph (i). A
fire company must request an extension of the application
period under subparagraph (i) within 30 days of the date
of the end of the application period. The commissioner
shall have sole discretion to determine whether a fire
company has demonstrated hardship or undue burden under
this subparagraph.
(d) Eligibility.--To receive grant funds under this chapter,
a fire company must:
(1) Have actively responded to at least 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
participation in the Pennsylvania Fire Information Reporting
System to remain eligible for grant funds.
(3) Have on record with the commissioner up-to-date
point-of-contact information for the fire company or
municipality , including mailing address, telephone number and
email addresses. The fire company must submit the information
required under this paragraph no later than July 31 of the
20240SB1099PN1724 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
year of the grant application.
(4) Be registered with the appropriate public safety
answering point as an active response agency.
(5) Be designated by a municipality, by resolution or
ordinance, as a provider of fire or rescue services within
the municipality.
(e) Construction Savings Account.--A fire company may apply
for a grant under subsection (a) for the purpose of constructing
or renovating a new facility. The grant shall be deposited into
the Construction Savings Account, which is established within
the State Treasury. Money in the Construction Savings Account
may be withdrawn by application of the fire company. The
Construction Savings Account shall be administered by the
commissioner. The following shall apply:
* * *
(2) For a fire company to withdraw money from the
Construction Savings Account:
(i) The application shall contain the signatures of
two duly elected officers of the fire company or
municipality.
* * *
Section 4. Sections 7814 and 7822 of Title 35 are amended to
read:
§ 7814. Consolidation incentive.
If two or more [volunteer] fire companies consolidate their
use of facilities, equipment, firefighters and services, the
consolidated entity may, upon notification of the 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
20240SB1099PN1724 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the Fire and Emergency Medical Services 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
Fire and Emergency Medical Services Loan Program). 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 [volunteer] fire company. If the commissioner
determines that the consolidated entity is a bona fide
consolidated [volunteer] fire company, the commissioner shall
reduce the interest rate payable on any outstanding principal
balance owed to the Fire and Emergency Medical Services 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 commissioner may promulgate such rules
and regulations as may be necessary to carry out the provisions
of this section.
§ 7822. Publication and notice.
The commissioner shall publish notice of the grant program
availability through the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin by August 8 for each
fiscal year. To the greatest extent possible, the commissioner
shall utilize the Commonwealth's Electronic Single Application
for Assistance.
Section 5. Section 7823(a)(7) and (c)(2) of Title 35 are
amended and the section is amended by adding a subsection to
read:
20240SB1099PN1724 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
§ 7823. Award of grants.
(a) Authorization.--The commissioner is authorized to make a
grant award to each eligible EMS company for the following:
* * *
[(7) Revenue loss for grants issued in 2021 and 2022.]
(a.1) Additional grants.--The commissioner, in consultation
with the Bureau of Emergency Medical Services, may establish a
certification bonus point system to award additional grants to
EMS companies. The commissioner shall submit the certification
bonus point system to the Legislative Reference Bureau for
publication in the next available issue of the Pennsylvania
Bulletin concurrently with the notice required under section
7822 (relating to publication and notice).
* * *
(c) Time for filing application and department action.--
* * *
(2) EMS companies seeking grants under this chapter
shall submit completed applications to the commissioner. The
following shall apply:
(i) The application period shall remain open for 45
days each year. The 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 commissioner
within 60 days after the close of the application period
each year shall be deemed approved.
(ii) The commissioner may extend the application
period under subparagraph (i) for up to 45 additional
days for a single EMS company, upon request by the fire
company, if the EMS company demonstrates hardship or
20240SB1099PN1724 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
undue burden that prevents the EMS company from
submitting a completed application within the
application period specified under subparagraph (i). An
EMS company must request an extension of the application
period under subparagraph (i) within 30 days of the date
of the end of the application period. The commissioner
shall have sole discretion to determine whether an EMS
company has demonstrated hardship or undue burden under
this subparagraph.
Section 6. Subchapter C.1 of Chapter 78, section 7832.2 and
Subchapter E of Chapter 78 of Title 35 are repealed:
[SUBCHAPTER C.1
COVID-19 CRISIS FIRE COMPANY AND
EMERGENCY MEDICAL SERVICES GRANT PROGRAM
Sec.
7827.1. Establishment.
7827.2. Publication and notice.
7827.3. Award of grants.
§ 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.
§ 7827.2. Publication and notice.
The agency shall transmit notice of the COVID-19 Crisis Fire
Company and Emergency Medical Services Grant Program
20240SB1099PN1724 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
availability to the Legislative Reference Bureau for publication
in the Pennsylvania Bulletin within 30 days of the effective
date of this section.
§ 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
20240SB1099PN1724 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
this subchapter.
(2) A fire company under subsection (a)(2) and an EMS
company under subsection (a)(4) must file an application for
a grant under this subchapter.
§ 7832.2. COVID-19 Crisis Fire Company and Emergency Medical
Services Grant Program.
The following shall apply to any appropriation from money
received by the Commonwealth under the Coronavirus Aid, Relief,
and Economic Security Act (Public Law 116-136, 134 Stat. 281)
for purposes of making grants under Subchapter C.1 (relating to
COVID-19 Crisis Fire Company and Emergency Medical Services
Grant Program):
(1) The sum of $44,000,000 of the amount appropriated
shall be expended for the purpose of making grants to
eligible fire companies.
(2) The sum of $6,000,000 of the amount appropriated
shall be expended for the purpose of making grants to
eligible EMS companies.
(3) Notwithstanding paragraphs (1) and (2), the agency
may use up to $200,000 of unencumbered funds from the amount
appropriated for administrative costs for the implementation
of Subchapter C.1.
SUBCHAPTER E
EMERGENCY MEDICAL SERVICES
COVID-19 RECOVERY GRANT PROGRAM
Sec.
7841. Establishment.
7842. Award of grants.
7843. Funding and costs.
7844. Report.
20240SB1099PN1724 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
§ 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
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
20240SB1099PN1724 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
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
20240SB1099PN1724 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 7. Section 7891 of Title 35 is amended to read:
§ 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] December 31, 2034 2029 .
Section 8. Sections 7892 and 7893 of Title 35 are repealed:
[§ 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.
§ 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
20240SB1099PN1724 - 14 -
<--<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
award grants under Subchapter E (relating to Emergency Medical
Services COVID-19 Recovery Grant Program) shall expire June 30,
2022.]
Section 9. Section 7895(a)(5) of Title 35 is amended to
read:
§ 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:
* * *
[(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).]
* * *
Section 10. This act shall take effect in 30 days.
20240SB1099PN1724 - 15 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16