H2407B3294A05041 NAD:AAS 06/21/24 #90 A05041
AMENDMENTS TO HOUSE BILL NO. 2407
Sponsor: REPRESENTATIVE SCOTT
Printer's No. 3294
Amend Bill, page 1, line 5, by striking out "definitions and
for"
Amend Bill, page 1, line 7, by inserting after "for" where it
occurs the first time
scope of chapter, for
Amend Bill, page 1, line 9, by striking out "publication and
notice" and inserting
establishment, for publication and notice
Amend Bill, page 1, lines 11 through 21, by striking out "and
to Emergency" in line 11 and all of lines 12 through 21 and
inserting
, further providing for Fire Company Grant Program and for
Emergency Services Company Grant Program, repealing
provisions relating to additional funding and to COVID-19
Crisis Fire Company and Emergency Medical Services Grant
Program, providing for hazardous materials and specialty
funding, further providing for allocation of appropriated
funds, repealing provisions relating to Emergency Medical
Services COVID-19 Recovery Grant Program, providing for
Hazardous Materials Team and Specialty Team 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 further providing for special provisions
and for annual reports; and making transfers.
Amend Bill, page 1, lines 24 through 26, by striking out all
of said lines and inserting
Section 1. Section 7102 of Title 35 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
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Amend Bill, page 2, line 6, by striking out "Department
Identification Number"" and inserting
department identification number"
Amend Bill, page 2, lines 12 through 20, by striking out all
of said lines
Amend Bill, page 3, lines 2 and 3, by striking out "Fire
Department Identification Numbers " and inserting
fire department identification numbers
Amend Bill, page 3, lines 9 through 11, by striking out
"7802, 7812, 7813(a)(7), (a.2), (c)(2)," in line 9, all of line
10 and "and 7823(a)(1) and (7), (b)(1) and (c)(2)" in line 11
and inserting
7801, 7802 and 7812
Amend Bill, page 3, by inserting between lines 12 and 13
§ 7801. Scope of chapter.
This chapter relates to grants to fire companies [and],
emergency medical services companies, hazardous materials teams
and specialty teams.
Amend Bill, page 3, by inserting between lines 16 and 17
"ALS." Advanced life support.
Amend Bill, page 3, line 17, by striking out the bracket
before "services"
Amend Bill, page 3, line 17, by striking out the bracket
after "services"
Amend Bill, page 3, lines 20 and 21, by striking out all of
said lines
Amend Bill, page 3, line 22, by inserting a bracket before
""Agency.""
Amend Bill, page 3, line 22, by inserting a bracket after
"Agency."
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Amend Bill, page 3, line 30, by inserting a bracket before
"State"
Amend Bill, page 4, line 1, by inserting after "Commissioner"
] commissioner
Amend Bill, page 4, by inserting between lines 1 and 2
"BLS." Basic life support.
Amend Bill, page 4, line 2, by striking out the bracket
before "services"
Amend Bill, page 4, line 2, by striking out the bracket after
"services"
Amend Bill, page 4, lines 5 and 6, by striking out all of
said lines
Amend Bill, page 4, line 7, by inserting a bracket before
""Career"
Amend Bill, page 4, line 7, by striking out "company"
Amend Bill, page 4, line 18, by striking out the bracket
before "services"
Amend Bill, page 4, line 18, by striking out the bracket
after "services"
Amend Bill, page 4, line 23, by striking out the bracket
before "operation"
Amend Bill, page 4, line 23, by striking out the bracket
after "the"
Amend Bill, page 4, line 26, by inserting a bracket after
"transit."
Amend Bill, page 4, lines 27 through 29, by striking out all
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of said lines and inserting
"Combined fire company." A volunteer fire company located in
this Commonwealth with at least one paid employee in addition to
a fire chief. The term includes either an independent, nonprofit
entity or part of a unit of local government.
Amend Bill, page 4, by inserting after line 30
"Director." The Director of the Bureau of Emergency Medical
Services of the Department of Health.
Amend Bill, page 5, lines 1 and 2, by striking out "A" in
line 1 and all of line 2 and inserting
As follows:
(1) A municipal, for-profit or nonprofit 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 to
provide emergency medical services as provided under
Chapter 81 (relating to emergency medical services
system).
(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.
(2) The term does not include a corporation, association
or organization that is primarily engaged in the routine
transport of individuals who are convalescent or
nonambulatory and who do not ordinarily require emergency
medical treatment while in transit.
Amend Bill, page 5, line 10, by inserting a bracket before
"or"
Amend Bill, page 5, line 10, by striking out the bracket
before "volunteer"
Amend Bill, page 5, line 10, by inserting after "municipal]"
, an airport
Amend Bill, page 5, line 10, by inserting after "company"
where it occurs the second time
or combined fire company
Amend Bill, page 5, line 11, by inserting a bracket before
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"The"
Amend Bill, page 5, line 12, by inserting a bracket after
"company."
Amend Bill, page 5, line 14, by inserting a bracket before
"or"
Amend Bill, page 5, line 14, by inserting after "or"
],
Amend Bill, page 5, line 17, by inserting a bracket before
the period after "program)"
Amend Bill, page 5, line 17, by inserting after "program)."
] or the Hazardous Materials Team and Specialty Team Grant
Program established in Subchapter F (relating to Hazardous
Materials Team and Specialty Team Grant Program).
Amend Bill, page 5, line 19, by striking out the period after
"team" and inserting
in accordance with section 209 of the act of December 7,
1990 (P.L.639, No.165), known as the Hazardous Material
Emergency Planning and Response Act.
Amend Bill, page 5, lines 20 and 21, by striking out all of
said lines
Amend Bill, page 5, by inserting between lines 24 and 25
"Municipal fire company." A firefighting service that is
established and operated by a municipality as a part of the unit
of local government. The term does not include a nonprofit
chartered corporation, independent association or independent
organization.
Amend Bill, page 6, lines 6 and 7, by striking out all of
said lines and inserting
"Volunteer ambulance service" or "volunteer EMS company." A
nonprofit EMS company.
[
Amend Bill, page 6, line 8, by striking out the bracket
before "EMS"
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Amend Bill, page 6, lines 8 and 9, by striking out "]
emergency medical services company" or "volunteer EMS "
Amend Bill, page 6, line 9, by striking out the bracket
before "Any"
Amend Bill, page 6, lines 9 and 10, by striking out "] As
follows:
(1) A"
Amend Bill, page 6, line 10, by striking out "emergency
medical services"
Amend Bill, page 6, lines 11 through 13, by striking out
"which meets all of the " in line 11, all of line 12 and "(i) Is"
in line 13
Amend Bill, page 6, line 13, by striking out the bracket
before the comma after "Commonwealth"
Amend Bill, page 6, lines 13 and 14, by striking out "].
(ii) Is"
Amend Bill, page 6, line 14, by striking out the bracket
before "and"
Amend Bill, page 6, lines 15 and 16, by striking out "].
(iii) Is"
Amend Bill, page 6, line 18, by striking out the bracket
before the comma after "grants)"
Amend Bill, page 6, lines 18 and 19, by striking out "].
(iv) Is"
Amend Bill, page 6, line 21, by striking out the bracket
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before "services"
Amend Bill, page 6, line 21, by striking out the bracket
after "services"
Amend Bill, page 6, line 24, by striking out "(2)"
Amend Bill, page 6, line 26, by striking out the bracket
before "operation"
Amend Bill, page 6, line 26, by striking out the bracket
after "the"
Amend Bill, page 6, line 29, by inserting a bracket after
"transit."
Amend Bill, page 7, line 25, by inserting after "a"
single
Amend Bill, page 7, line 26, by striking out "program" and
inserting
programs under this chapter
Amend Bill, page 7, by inserting between lines 26 and 27
Section 4. Section 7813(a)(7), (a.1), (a.2), (b)(1), (c)(2),
(d) and (e) introductory paragraph and (2)(i) of Title 35 are
amended and subsection (a) is amended by adding paragraphs to
read:
Amend Bill, page 8, line 2, by striking out all of said line
and inserting
(8) Personnel costs.
(9) Utility costs.
(10) Cancer screenings and other preventive health
measures.
(11) Mental health awareness and treatment.
(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.
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Amend Bill, page 8, line 12, by striking out "bonus point"
Amend Bill, page 8, line 14, by striking out "certification
bonus point" and inserting
guidelines for a
Amend Bill, page 8, lines 17 and 18, by striking out
"notice.)" in line 17 and all of line 18 and inserting
notice). In developing a system, the commissioner shall
evaluate the following factors as the factors relate to each
eligible fire company on or before July 1 of the year of the
grant application:
(1) Number and proportion of 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.
(2) Population served.
(3) Number of incidents logged in the Pennsylvania Fire
Information Reporting System during the prior 12 months.
(4) Land area served.
(5) Miles of public roadways within the area served.
(6) Population density within the area served.
(7) Unique geographic or other natural features within
the area served.
(8) Estimated cost of proposed uses authorized under
subsection (a).
(9) Any other factor determined by the commissioner in
consultation with the State Fire Advisory Board.
(b) Limits.--
(1) Except as provided in paragraph (3), grants shall be
not less than [$2,500] the higher of $10,000 or the amount
received in the 2023-2024 grant cycle and not more than
[$20,000] $40,000 per fire company. A fire company may
voluntarily agree to accept less than the higher of $10,000
or the amount received in the 2023-2024 grant cycle if it is
unable to utilize the full amount it is eligible to receive.
* * *
Amend Bill, page 10, by inserting between lines 29 and 30
Section 5. Sections 7814, 7821 and 7822 of Title 35 are
amended to read:
Amend Bill, page 12, line 1, by inserting a bracket before
"to"
Amend Bill, page 12, line 2, by striking out the bracket
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before "services"
Amend Bill, page 12, line 2, by striking out the bracket
after "services"
Amend Bill, page 12, line 2, by inserting after "services]."
] companies to provide emergency medical services.
Amend Bill, page 12, lines 3 through 9, by striking out all
of said lines and inserting
§ 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 a single designated Commonwealth electronic
application for the grant programs under this chapter.
Section 6. Section 7823(a)(1), (2) and (7), (b)(1) and (c)
(2) of Title 35 are amended, subsections (a) and (b) are amended
by adding paragraphs and the section is amended by adding
subsections to read:
Amend Bill, page 12, line 17, by inserting after "medical,"
squad, quick response,
Amend Bill, page 12, line 18, by striking out the bracket
before "services"
Amend Bill, page 12, line 18, by striking out the bracket
after "services"
Amend Bill, page 12, by inserting between lines 18 and 19
(2) Repair of ambulance, squad or QRS equipment or
purchase thereof.
Amend Bill, page 12, by inserting between lines 20 and 21
(8) Personnel costs.
(9) Utility costs.
(10) Cancer screenings and other preventive health
measures.
(11) Mental health awareness and treatment.
(a.1) Additional grants.--The commissioner, in consultation
with the director, may establish a system to award additional
funds to EMS companies. The commissioner shall submit the
guidelines for a system to the Legislative Reference Bureau for
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publication in the next available issue of the Pennsylvania
Bulletin concurrently with the notice required under section
7812 (relating to publication and notice). In developing a
system, the commissioner shall evaluate the following factors as
the factors relate to each eligible EMS company on or before
July 1 of the year of the grant application:
(1) Number and proportion of members who are certified
as each type of EMS provider as provided at section 8113(a)
(relating to certification).
(2) Population served.
(3) Number of incidents logged in the Pennsylvania Fire
Information Reporting System during the prior twelve months.
(4) Land area served.
(5) Miles of public roadways within the area served.
(6) Population density within the area served.
(7) Unique geographic or other natural features within
the area served.
(8) Estimated cost of proposed uses authorized under
subsection (a).
(9) Any other factor determined by the commissioner in
consultation with the director.
Amend Bill, page 12, line 22, by inserting a bracket before
"not" where it occurs the first time
Amend Bill, page 12, line 23, by striking out the bracket
before "$15,000"
Amend Bill, page 12, line 23, by striking out "] $20,000"
Amend Bill, page 12, line 23, by inserting after "company."
]:
(i) Not less than $2,500 and not more than $10,000
per EMS company whose highest level of licensure is to
operate an ALS squad, intermediate ALS squad, BLS squad
or quick response service.
(ii) Not less than the higher of the amount received
in the 2023-2024 grant cycle or $10,000 and not more than
$40,000 per EMS company whose highest level of licensure
is to operate an ALS ambulance, intermediate ALS
ambulance or BLS ambulance service.
Amend Bill, page 12, by inserting between lines 24 and 25
(5) An EMS company may only apply for a grant for up to
five years for the purpose under subsection (d).
Amend Bill, page 13, line 14, by striking out "a fire" and
inserting
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and EMS
Amend Bill, page 13, by inserting between lines 15 and 16
(d) Construction Savings Account.--An EMS company may apply
for a grant under subsection (a) for the purpose of constructing
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 EMS company. The Construction
Savings Account shall be administered by the director. The
following shall apply:
(1) An EMS company may only access money in the
Construction Savings Account for emergency purposes and at
the discretion of the director.
(2) For an EMS company to withdraw money from the
Construction Savings Account:
(i) The application shall contain the signatures of
two officers of the EMS company or municipality.
(ii) The EMS company shall indicate on the
application how the money is going to be used under
subsection (a).
(3) Interest accrued on the Construction Savings Account
may be used by the director for administrative purposes.
Amend Bill, page 13, lines 16 and 17, by striking out all of
said lines and inserting
Section 7. Subchapter C.1 of Chapter 78 of Title 35 is
repealed:
Amend Bill, page 15, line 10, by inserting a bracket after
"subchapter."
Amend Bill, page 15, lines 11 through 28, by striking out all
of said lines and inserting
]
Section 8. Sections 7831 and 7832 of Title 35 are amended to
read:
§ 7831. Fire Company Grant Program.
(a) Expenditure.--The sum of $22,000,000 of the amount
appropriated to the 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).
(b) Transfer.--
(1) In addition to sums transferred under subsection (a)
and 3 Pa.C.S. § 1113(a) (relating to disposition of certain
funds), the sum of $25,700,000 shall be transferred annually
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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.
(2) No less than 85% of the money transferred under
paragraph (1) shall be used for grants to EMS companies whose
highest level of licensure is to operate an ALS ambulance,
Intermediate ALS ambulance or BLS ambulance service.
§ 7832. Emergency Medical Services Company Grant Program.
(a) Expenditure.--The sum of $3,000,000 of the amount
appropriated to the 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).
(b) Transfer.--
(1) In addition to sums transferred under subsection (a)
and 3 Pa.C.S. § 1113(a) (relating to disposition of certain
funds), the sum of $8,100,000 shall be transferred annually
from the Property Tax Relief Reserve Fund to the Emergency
Medical Services Grant Program for the purpose of making
grants to eligible EMS companies under this subchapter.
(2) No less than 85% of the money transferred under
paragraph (1) shall be used for grants to EMS companies whose
highest level of licensure is to operate an ALS ambulance,
Intermediate ALS ambulance or BLS ambulance service.
Section 9. Sections 7832.1 and 7832.2 of Title 35 are
repealed:
[§ 7832.1. Additional funding.
In addition to sums transferred from the State Gaming Fund
and under section 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.
§ 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
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appropriated for administrative costs for the implementation
of Subchapter C.1.]
Section 10. Title 35 is amended by adding a section to read:
§ 7832.3. Hazardous materials and specialty funding.
The sum of $1,200,000 shall be transferred annually from the
Property Tax Relief Reserve Fund to the Supplemental Emergency
Response Grant Program for the purpose of making grants to
eligible entities under section 7852 (relating to hazardous
materials team and specialty team competitive grants).
Section 11. Section 7833 of Title 35 is amended to read:
§ 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 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) and F (relating
to Hazardous Materials Team and Specialty Team Grant
Program).
(2) Notwithstanding paragraph (1)[, the]:
(i) The commissioner may use not more than
[$800,000] $1,200,000 of any unencumbered funds remaining
in the fund for administrative costs for grant program
implementation under this chapter.
(ii) The director my use not more than $200,000 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 commissioner for purposes of fire
company and EMS company grants 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 EMS companies under
Subchapter C.]
(c) Transfers.--Funds appropriated under this chapter that
are not spent as of the effective date of this subsection or
after each annual grant cycle shall be transferred as follows:
(1) 50% of the amount shall be used for the purpose of
making grants under section 7385.1 (relating to capital
grants for municipal fire departments).
(2) 50% of the amount shall be used for the purpose of
making grants under section 7385.2 (relating to capital
grants for emergency service training centers).
Section 12. Subchapter E of Chapter 78 of Title 35 is
repealed:
[
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Amend Bill, page 18, line 20, by striking out "5" and
inserting
13
Amend Bill, page 18, lines 22 through 24; pages 19 through
22, lines 1 through 30; page 23, lines 1 through 15; by striking
out all of said lines on said pages and inserting
SUBCHAPTER F
HAZARDOUS MATERIALS TEAM AND SPECIALTY
TEAM GRANT PROGRAM
Sec.
7851. Establishment.
7852. Hazardous materials team and specialty team competitive
grants.
§ 7851. Establishment.
The Hazardous Materials Team and Specialty Team Grant Program
is established and shall be administered by the Office of the
State Fire Commissioner.
§ 7852. Hazardous materials team and specialty team competitive
grants.
(a) Awards.--The commissioner shall use money transferred
under section 7832.3 (relating to hazardous materials and
specialty funding) to establish a grant program for hazardous
materials teams and specialty teams.
(b) Eligibility.--An eligible grant recipient under this
section shall meet all of the following:
(1) Be assigned an FDID number.
(2) Report incidents in the fire incident reporting
system.
(3) Have a letter of recommendation from the emergency
management coordinator of the host county affirming that the
team is a deployable resource.
(c) Uses.--The commissioner shall establish authorized uses
of grant funds under this section. Additional uses established
under this section shall be transmitted to the Legislative
Reference Bureau for publication in the next available issue of
the Pennsylvania Bulletin and on the commissioner's publicly
accessible Internet website.
(d) Guidelines.--The commissioner shall develop guidelines
for the grant program, including for the issuance and revocation
of FDID numbers for eligible applicants of the grant program,
and shall transmit the guidelines 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).
Amend Bill, page 23, line 16, by striking out "6" and
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inserting
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Amend Bill, page 23, line 19, by inserting a bracket before
"and"
Amend Bill, page 23, line 19, by inserting after "and"
],
Amend Bill, page 23, line 20, by inserting after "program)"
and F (relating to Hazardous Materials Team and Specialty
Team Grant Program)
Amend Bill, page 23, line 21, by striking out "June 30, 2029"
and inserting
December 31, 2029
Amend Bill, page 23, line 22, by striking out "7" and
inserting
15
Amend Bill, page 24, line 6, by striking out "8" and
inserting
16
Amend Bill, page 24, line 6, by inserting after "7894(a)"
and (d)
Amend Bill, page 24, line 6, by striking out "7895(a)(5)" and
inserting
7895(a)
Amend Bill, page 24, by inserting between lines 15 and 16
(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) or 7852(c) (relating to hazardous materials
team and specialty team competitive grants).
Amend Bill, page 24, line 21, by striking out all of said
line and inserting
(1) The total number of fire companies [and], EMS
companies, hazardous materials teams and specialty teams that
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were notified of the grant programs.
(2) The total number of fire companies [and], EMS
companies, hazardous materials teams and specialty teams that
submitted applications for the grant programs.
(3) The total number of fire companies [and], EMS
companies, hazardous materials teams and specialty teams that
were approved for grants.
(4) An analysis of how the grants to fire companies and
EMS companies 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 county and municipality.
Amend Bill, page 24, line 25, by striking out all of said
line and inserting
(6) A list of the different entities that received
grants, including hazardous materials teams, specialty teams,
combined fire companies, municipal fire companies, volunteer
fire companies[, municipal emergency medical services
companies and volunteer] and EMS companies.
(7) A list of the different reasons why grants were not
issued to fire companies [and], EMS companies, hazardous
materials teams and specialty teams, 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.
Amend Bill, page 24, lines 26 through 30; page 25, lines 1
through 28; by striking out all of said lines on said pages
Amend Bill, page 25, line 29, by striking out "10" and
inserting
17
Amend Bill, page 25, line 29, by striking out "June 30, 2024,
or"
Amend Bill, page 25, line 30, by striking out ", whichever is
later"
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