1Amending Title 35 (Health and Safety) of the Pennsylvania
2Consolidated Statutes, providing for emergency response
3payment.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 35 of the Pennsylvania Consolidated
7Statutes is amended by adding a chapter to read:

8CHAPTER 79

9EMERGENCY RESPONSE PAYMENT

10Sec.

117901. Definitions.

127902. Reimbursement.

137903. Procedure.

147904. Penalty.

157905. Rules and regulations.

16§ 7901. Definitions.

17The following words and phrases when used in this chapter

1shall have the meanings given to them in this section unless the
2context clearly indicates otherwise:

3"Actual and reasonable response costs." An amount that is
4consistent with what a reasonable person would pay in the same
5or similar circumstances for the same business or for the same
6or similar item. This term shall not include any costs for
7labor.

8"Emergency." An incident that requires responsive,
9coordinated action to protect an individual, the environment,
10critical infrastructure or property.

11"Fire company." A volunteer fire company located in this
12Commonwealth.

13"Incident commander." An individual responsible for all
14incident-related activities as described in the National
15Incident Management System.

16"Official dispatch." The dispatch of a fire company to an
17emergency by a public safety answering point or a response to a
18special call or request from an incident commander for
19assistance with an emergency.

20§ 7902. Reimbursement.

21A person involved in an emergency that necessitates a
22response from a fire company shall be liable for the actual and
23reasonable response costs incurred by the fire company unless
24the person has:

25(1) paid a tax which funds at least part of the fire
26company's services to the municipality in which the fire
27company is located; or

28(2) made a monetary contribution to an annual fund drive
29of a fire company recognized by the host municipality within
30the 12 months preceding the date of the emergency response.

1§ 7903. Procedure.

2(a) Billing.--A fire company may seek reimbursement for
3actual and reasonable costs related to an emergency as provided
4for under this section. A bill for reimbursement must clearly
5itemize the costs that have been incurred.

6(b) Reimbursement.--If a person receives a bill for actual
7and reasonable costs as provided for under this section, the
8person shall be responsible for payment of the bill. A person
9may elect to submit the bill to an insurance company; however,
10submission of a bill to an insurance company shall not relieve
11the person from financial responsibility, if an insurance
12company denies payment of the bill.

13(c) Failure to pay.--A fire company that submits to a person
14a bill for actual and reasonable costs as provided for under
15this section may file an action in a court of competent
16jurisdiction to recover the amount of the actual and reasonable
17costs if the person fails to pay the amount of the bill.

18(d) Bills from multiple fire companies.--If more than one
19fire company incurs actual and reasonable costs in a response to
20an emergency, separate bills may be submitted by the fire
21companies, unless the fire companies were requested by an
22incident commander or through a public safety answering point,
23in which case, only a single bill may be submitted on behalf of
24the fire companies.

25§ 7904. Penalty.

26A fire company filing a false request for reimbursement
27commits a summary offense and, upon conviction, shall be
28sentenced to pay a fine of not more than $100. A fire company
29shall pay a fine of $1,000 for each subsequent offense.

30§ 7905. Regulations or guidelines.

1The Office of the State Fire Commissioner, in consultation
2with the Fire Safety Advisory Committee, shall establish, by
3regulation or guidelines, an actual and reasonable cost guidance
4to assist fire companies. At no time may a person be required to
5pay more than $1,000 per emergency response.

6Section 2. This act shall take effect in 180 days.