THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WAUGH, BOSCOLA, ALLOWAY, BAKER, BROWNE, BRUBAKER, DINNIMAN, ERICKSON, FONTANA, LOGAN, O'PAKE, PICCOLA, RAFFERTY, TARTAGLIONE, TOMLINSON, WONDERLING, WOZNIAK AND YAW, MARCH 27, 2009

REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, MARCH 27, 2009  

AN ACT

Establishing a grant program for municipal fire and emergency

services organizations; and providing for grant funding.

TABLE OF CONTENTS

Chapter 1.  Preliminary Provisions

Section 101.  Short title.

Section 102.  Definitions.

Chapter 3.  Municipal Fire and Emergency Services Organization

Grant Program

Section 301.  Establishment.

Section 302.  Guidelines and procedures.

Section 303.  Award of grants.

Section 304.  Special provisions.

Chapter 5.  Municipal Fire and Emergency Services Organization

Grant Program Funding Provisions

Section 501.  Municipal Fire and Emergency Services Organization

Grant Program.

Section 502.  Allocation of appropriated funds.

Section 503.  Program limitations.

Chapter 21.  Miscellaneous Provisions

Section 2101.  Effective date.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

CHAPTER 1

PRELIMINARY PROVISIONS

Section 101.  Short title.

This act shall be known and may be cited as the Municipal

Fire and Emergency Services Organization Grant Act.

Section 102.  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:

"Advanced life support services."  The term shall have the

meaning given to it in the act of July 3, 1985 (P.L.164, No.45),

known as the Emergency Medical Services Act.

"Agency."  The Pennsylvania Emergency Management Agency.

"Application."  The Municipal Fire and Emergency Services

Grant Program Application.

"Basic life support services."  The term shall have the

meaning given to it in the act of July 3, 1985 (P.L.164, No.45),

known as the Emergency Medical Services Act.

"Certification."  Any class of instruction or test that will

provide certification at any level that is currently offered in

this Commonwealth through the Voluntary Fire Fighter

Certification program administered by the Pennsylvania Fire

Academy.

"Certified personnel."  Any member of the Municipal Fire and

Emergency Service who is certified at a minimum level of Fire

Fighter I on or before July 1, 2009, by the National

Professional Qualifications Board or by the International Fire

Service Accreditation Congress and verified by the Pennsylvania

State Fire Academy.

"Commissioner."  The State Fire Commissioner.

"Equipment."  Any apparatus, equipment or tools ordinarily

used by a fire, rescue or ambulance service in the performance

of its duties.

"Facility."  A structure or portion thereof intended for the

purpose of storage or protection of firefighting apparatus,

ambulances and rescue vehicles and related equipment and gear.

The term does not include meeting halls, social halls, social

rooms, lounges or any other facility not directly related to

firefighting or the furnishing of ambulance or rescue services.

"Final report."  The report to be filed by the Municipal Fire

and Emergency Service detailing the expenditure of the funds

granted.

"Grant program."  The Municipal Fire and Emergency Services

Organization Grant Program established in Chapter 3.

"Invalid coach."  The term shall have the meaning given to it

in the act of July 3, 1985 (P.L.164, No.45), known as the

Emergency Medical Services Act.

"Municipal fire and emergency services organization."  A fire

department, ambulance service or rescue squad established,

operated and funded by a municipality within this Commonwealth

which provides fire protection or emergency services. The

personnel of any municipal fire or emergency services

organization shall consist of all paid employees or a

combination of paid employees and unpaid volunteers, providing

24-hour, 365 days per staffing by full-time paid employees.

Emergency services provided by a municipal fire and emergency

services organization may include ambulance and rescue services.

The ambulance services may include basic life support or

advanced life support services and the transportation of

patients within this Commonwealth. The term does 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. The rescue services may

include rescue services in response to fire, vehicle accidents

and water rescue efforts.

"OSFC."  The Office of the State Fire Commissioner.

CHAPTER 3

MUNICIPAL FIRE AND EMERGENCY SERVICES ORGANIZATION

GRANT PROGRAM

Section 301.  Establishment.

The Municipal Fire and Emergency Services Organization Grant

Program is established and shall be administered by the agency

in consultation with the commissioner. Grants provided under

this program shall be used to improve and enhance the

capabilities of municipal fire and emergency services

organizations to provide firefighting, ambulance and rescue

services.

Section 302.  Guidelines and procedures.

The agency shall develop guidelines, procedures and all

applications necessary to implement the grant program. The

agency shall submit the guidelines, procedures and applications

to the Legislative Reference Bureau for publication in the

Pennsylvania Bulletin within 30 days of the effective date of

this section.

Section 303.  Award of grants.

(a)  Authorization.--The agency is hereby authorized to make

a grant award to each eligible municipal fire and emergency

services organization for the following:

(1)  Construction and/or renovation of the municipal fire

and emergency services organization's facility and purchase

or repair of fixtures and furnishings necessary to maintain

or improve the capability of the municipal fire and emergency

services organization to provide fire, ambulance and rescue

services.

(2)  Repair or purchase of firefighting, ambulance or

rescue equipment.

(3)  Reduction of debt associated with paragraph (1) or

(2).

(4)  Training and certification of members.

(b)  Limits.--

(1)  Grants shall be not less than $25,000 and not more

than $100,000 per municipal fire and emergency services

organization.

(2)  Additional grant funds may be awarded to eligible

applicants by applying an award factor to that portion of the

applicant's grant request which exceeds the base award. The

award factor is determined by dividing the applicant's bonus

points by 15, the highest possible number of points. One

point will be awarded for each person currently certified in

accordance with the definitions in section 102, to a maximum

of ten points.

(i)  If necessary, the resultant additional award

will be prorated by a factor determined by dividing the

total program funds remaining after the base awards have

been determined by the total amount of funds requested in

excess of the base awards so that all grant awards do not

exceed the total grant funds available.

(ii)  If funding is not fully distributed after this

award factor calculation, the agency reserves the right

to adjust the award factor formula so that all grant

funds available are distributed.

(iii)  Municipal fire and emergency service grants

under this paragraph to individual fire companies for the

grant application for the fiscal year beginning July 1,

2009, shall not exceed $100,000.

(3)  Grants may be awarded on a pro rata basis if the

total dollar amount of approved applications exceeds the

amount of funds appropriated by the General Assembly for this

purpose.

(c)  Time for filing application and department action.--

(1)  The agency shall provide written instructions and

guidelines for grants under this chapter to the fire chief or

municipality in this Commonwealth within 60 days of the

effective date of this section.

(2)  Municipal fire and emergency services organizations

seeking grants under this chapter shall submit completed

applications to the agency on or before December 31, 2008.

The agency shall act to approve or disapprove the application

by May 1, 2009. Applications which have not been approved or

disapproved by the agency by May 1, 2009, shall be deemed

approved.

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

a municipal fire and emergency services organization shall have

actively responded to one or more fire or rescue emergencies

since July 1, 2007, and must sign an agreement to actively

participate in the Pennsylvania Fire Information Reporting

System (PennFIRS). Additionally, if a municipal fire and

emergency services organization is deemed eligible for both this

grant program and the Volunteer Fire Company and Volunteer

Ambulance Service Grant Program, it will not be eligible for

both and must choose between the programs and apply for only

one.

(e)  Limit on eligibility.--Each municipality shall be

eligible for only one grant.

(f)  Final report.--Upon completion of the project, but no

later than December 1, 2010, the applicant shall file a final

report with the agency in a manner and form prescribed by the

OSFC. Any grant funds not expended by the applicant for the

project shall be returned to the agency prior to or with the

filing of the final report. Failure to file a final report will

be grounds for the agency to seek the return of all grant funds

awarded.

Section 304.  Special provisions.

(a)  General rule.--An applicant for a grant must demonstrate

that it complied with all terms of its grant agreement in the

previous year regarding the use of the grant money it received

in previous years or it shall not be eligible to receive a grant

in the current year.

(b)  Explanation.--An applicant for a grant under this act

who fails to return a signed agreement for the 2009 application,

or subsequent applications, will not be permitted to apply for a

grant the next year unless the applicant provides the

commissioner with a reasonable written explanation as to why it

did not claim its grant.

(c)  PennFIRS.--An applicant who is noncompliant in reporting

information using the Pennsylvania Fire Information Reporting

System (PennFIRS) in the previous Commonwealth fiscal year shall

not be eligible to receive a grant in the current year.

CHAPTER 5

MUNICIPAL FIRE AND EMERGENCY SERVICES ORGANIZATION

GRANT PROGRAM FUNDING PROVISIONS

Section 501.  Municipal Fire and Emergency Services Organization

Grant Program.

The sum of $5,000,000 of the amount appropriated to the

agency for the Municipal Fire and Emergency Services

Organization Grant Program shall be expended for the purpose of

making grants to eligible municipal fire and emergency services

organizations pursuant to Chapter 3.

Section 502.  Allocation of appropriated funds.

No moneys from the appropriation for municipal fire and

emergency services organization grants shall be used for

expenses or costs incurred by the agency for the administration

of the grant program authorized under Chapter 3.

Section 503.  Program limitations.

Program limitations that may result from the misuse of the

grant funds are as follows:

(1)  An applicant may not make or authorize changes

exceeding 10% of the total project cost to an approved

project without first obtaining consent of the agency in

writing.

(2)  The applicant agrees that noncompliance with the

conditions of this grant shall be grounds for the recapture

of funds provided to the applicant. If the applicant fails to

refund the moneys, the Commonwealth, in addition to any

rights or remedies it may have at law or in equity, reserves

the right to offset the amount due against any existing or

future sums of money owed the applicant by any Commonwealth

agency or department, including the agency.

(3)  The agency, or its duly authorized representative,

shall have access to the records of the applicant for the

purpose of auditing financial transactions, determining

compliance with grant terms and evaluating project

performance.

(4)  The applicant agrees to retain all cost-supporting

records and documentation for a period of three years from

the date that it receives its final grant payment from the

agency.

CHAPTER 21

MISCELLANEOUS PROVISIONS

Section 2101.  Effective date.

This act shall take effect immediately.