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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| 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 |
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| REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, MARCH 27, 2009 |
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| AN ACT |
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1 | Establishing a grant program for municipal fire and emergency |
2 | services organizations; and providing for grant funding. |
3 | TABLE OF CONTENTS |
4 | Chapter 1. Preliminary Provisions |
5 | Section 101. Short title. |
6 | Section 102. Definitions. |
7 | Chapter 3. Municipal Fire and Emergency Services Organization |
8 | Grant Program |
9 | Section 301. Establishment. |
10 | Section 302. Guidelines and procedures. |
11 | Section 303. Award of grants. |
12 | Section 304. Special provisions. |
13 | Chapter 5. Municipal Fire and Emergency Services Organization |
14 | Grant Program Funding Provisions |
15 | Section 501. Municipal Fire and Emergency Services Organization |
16 | Grant Program. |
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1 | Section 502. Allocation of appropriated funds. |
2 | Section 503. Program limitations. |
3 | Chapter 21. Miscellaneous Provisions |
4 | Section 2101. Effective date. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | CHAPTER 1 |
8 | PRELIMINARY PROVISIONS |
9 | Section 101. Short title. |
10 | This act shall be known and may be cited as the Municipal |
11 | Fire and Emergency Services Organization Grant Act. |
12 | Section 102. Definitions. |
13 | The following words and phrases when used in this act shall |
14 | have the meanings given to them in this section unless the |
15 | context clearly indicates otherwise: |
16 | "Advanced life support services." The term shall have the |
17 | meaning given to it in the act of July 3, 1985 (P.L.164, No.45), |
18 | known as the Emergency Medical Services Act. |
19 | "Agency." The Pennsylvania Emergency Management Agency. |
20 | "Application." The Municipal Fire and Emergency Services |
21 | Grant Program Application. |
22 | "Basic life support services." The term shall have the |
23 | meaning given to it in the act of July 3, 1985 (P.L.164, No.45), |
24 | known as the Emergency Medical Services Act. |
25 | "Certification." Any class of instruction or test that will |
26 | provide certification at any level that is currently offered in |
27 | this Commonwealth through the Voluntary Fire Fighter |
28 | Certification program administered by the Pennsylvania Fire |
29 | Academy. |
30 | "Certified personnel." Any member of the Municipal Fire and |
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1 | Emergency Service who is certified at a minimum level of Fire |
2 | Fighter I on or before July 1, 2009, by the National |
3 | Professional Qualifications Board or by the International Fire |
4 | Service Accreditation Congress and verified by the Pennsylvania |
5 | State Fire Academy. |
6 | "Commissioner." The State Fire Commissioner. |
7 | "Equipment." Any apparatus, equipment or tools ordinarily |
8 | used by a fire, rescue or ambulance service in the performance |
9 | of its duties. |
10 | "Facility." A structure or portion thereof intended for the |
11 | purpose of storage or protection of firefighting apparatus, |
12 | ambulances and rescue vehicles and related equipment and gear. |
13 | The term does not include meeting halls, social halls, social |
14 | rooms, lounges or any other facility not directly related to |
15 | firefighting or the furnishing of ambulance or rescue services. |
16 | "Final report." The report to be filed by the Municipal Fire |
17 | and Emergency Service detailing the expenditure of the funds |
18 | granted. |
19 | "Grant program." The Municipal Fire and Emergency Services |
20 | Organization Grant Program established in Chapter 3. |
21 | "Invalid coach." The term shall have the meaning given to it |
22 | in the act of July 3, 1985 (P.L.164, No.45), known as the |
23 | Emergency Medical Services Act. |
24 | "Municipal fire and emergency services organization." A fire |
25 | department, ambulance service or rescue squad established, |
26 | operated and funded by a municipality within this Commonwealth |
27 | which provides fire protection or emergency services. The |
28 | personnel of any municipal fire or emergency services |
29 | organization shall consist of all paid employees or a |
30 | combination of paid employees and unpaid volunteers, providing |
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1 | 24-hour, 365 days per staffing by full-time paid employees. |
2 | Emergency services provided by a municipal fire and emergency |
3 | services organization may include ambulance and rescue services. |
4 | The ambulance services may include basic life support or |
5 | advanced life support services and the transportation of |
6 | patients within this Commonwealth. The term does not include any |
7 | corporation, association or organization that is primarily |
8 | engaged in the operation of invalid coaches which are intended |
9 | for the routine transport of persons who are convalescent or |
10 | otherwise nonambulatory and do not ordinarily require emergency |
11 | medical treatment while in transit. The rescue services may |
12 | include rescue services in response to fire, vehicle accidents |
13 | and water rescue efforts. |
14 | "OSFC." The Office of the State Fire Commissioner. |
15 | CHAPTER 3 |
16 | MUNICIPAL FIRE AND EMERGENCY SERVICES ORGANIZATION |
17 | GRANT PROGRAM |
18 | Section 301. Establishment. |
19 | The Municipal Fire and Emergency Services Organization Grant |
20 | Program is established and shall be administered by the agency |
21 | in consultation with the commissioner. Grants provided under |
22 | this program shall be used to improve and enhance the |
23 | capabilities of municipal fire and emergency services |
24 | organizations to provide firefighting, ambulance and rescue |
25 | services. |
26 | Section 302. Guidelines and procedures. |
27 | The agency shall develop guidelines, procedures and all |
28 | applications necessary to implement the grant program. The |
29 | agency shall submit the guidelines, procedures and applications |
30 | to the Legislative Reference Bureau for publication in the |
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1 | Pennsylvania Bulletin within 30 days of the effective date of |
2 | this section. |
3 | Section 303. Award of grants. |
4 | (a) Authorization.--The agency is hereby authorized to make |
5 | a grant award to each eligible municipal fire and emergency |
6 | services organization for the following: |
7 | (1) Construction and/or renovation of the municipal fire |
8 | and emergency services organization's facility and purchase |
9 | or repair of fixtures and furnishings necessary to maintain |
10 | or improve the capability of the municipal fire and emergency |
11 | services organization to provide fire, ambulance and rescue |
12 | services. |
13 | (2) Repair or purchase of firefighting, ambulance or |
14 | rescue equipment. |
15 | (3) Reduction of debt associated with paragraph (1) or |
16 | (2). |
17 | (4) Training and certification of members. |
18 | (b) Limits.-- |
19 | (1) Grants shall be not less than $25,000 and not more |
20 | than $100,000 per municipal fire and emergency services |
21 | organization. |
22 | (2) Additional grant funds may be awarded to eligible |
23 | applicants by applying an award factor to that portion of the |
24 | applicant's grant request which exceeds the base award. The |
25 | award factor is determined by dividing the applicant's bonus |
26 | points by 15, the highest possible number of points. One |
27 | point will be awarded for each person currently certified in |
28 | accordance with the definitions in section 102, to a maximum |
29 | of ten points. |
30 | (i) If necessary, the resultant additional award |
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1 | will be prorated by a factor determined by dividing the |
2 | total program funds remaining after the base awards have |
3 | been determined by the total amount of funds requested in |
4 | excess of the base awards so that all grant awards do not |
5 | exceed the total grant funds available. |
6 | (ii) If funding is not fully distributed after this |
7 | award factor calculation, the agency reserves the right |
8 | to adjust the award factor formula so that all grant |
9 | funds available are distributed. |
10 | (iii) Municipal fire and emergency service grants |
11 | under this paragraph to individual fire companies for the |
12 | grant application for the fiscal year beginning July 1, |
13 | 2009, shall not exceed $100,000. |
14 | (3) Grants may be awarded on a pro rata basis if the |
15 | total dollar amount of approved applications exceeds the |
16 | amount of funds appropriated by the General Assembly for this |
17 | purpose. |
18 | (c) Time for filing application and department action.-- |
19 | (1) The agency shall provide written instructions and |
20 | guidelines for grants under this chapter to the fire chief or |
21 | municipality in this Commonwealth within 60 days of the |
22 | effective date of this section. |
23 | (2) Municipal fire and emergency services organizations |
24 | seeking grants under this chapter shall submit completed |
25 | applications to the agency on or before December 31, 2008. |
26 | The agency shall act to approve or disapprove the application |
27 | by May 1, 2009. Applications which have not been approved or |
28 | disapproved by the agency by May 1, 2009, shall be deemed |
29 | approved. |
30 | (d) Eligibility.--To receive grant funds under this chapter, |
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1 | a municipal fire and emergency services organization shall have |
2 | actively responded to one or more fire or rescue emergencies |
3 | since July 1, 2007, and must sign an agreement to actively |
4 | participate in the Pennsylvania Fire Information Reporting |
5 | System (PennFIRS). Additionally, if a municipal fire and |
6 | emergency services organization is deemed eligible for both this |
7 | grant program and the Volunteer Fire Company and Volunteer |
8 | Ambulance Service Grant Program, it will not be eligible for |
9 | both and must choose between the programs and apply for only |
10 | one. |
11 | (e) Limit on eligibility.--Each municipality shall be |
12 | eligible for only one grant. |
13 | (f) Final report.--Upon completion of the project, but no |
14 | later than December 1, 2010, the applicant shall file a final |
15 | report with the agency in a manner and form prescribed by the |
16 | OSFC. Any grant funds not expended by the applicant for the |
17 | project shall be returned to the agency prior to or with the |
18 | filing of the final report. Failure to file a final report will |
19 | be grounds for the agency to seek the return of all grant funds |
20 | awarded. |
21 | Section 304. Special provisions. |
22 | (a) General rule.--An applicant for a grant must demonstrate |
23 | that it complied with all terms of its grant agreement in the |
24 | previous year regarding the use of the grant money it received |
25 | in previous years or it shall not be eligible to receive a grant |
26 | in the current year. |
27 | (b) Explanation.--An applicant for a grant under this act |
28 | who fails to return a signed agreement for the 2009 application, |
29 | or subsequent applications, will not be permitted to apply for a |
30 | grant the next year unless the applicant provides the |
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1 | commissioner with a reasonable written explanation as to why it |
2 | did not claim its grant. |
3 | (c) PennFIRS.--An applicant who is noncompliant in reporting |
4 | information using the Pennsylvania Fire Information Reporting |
5 | System (PennFIRS) in the previous Commonwealth fiscal year shall |
6 | not be eligible to receive a grant in the current year. |
7 | CHAPTER 5 |
8 | MUNICIPAL FIRE AND EMERGENCY SERVICES ORGANIZATION |
9 | GRANT PROGRAM FUNDING PROVISIONS |
10 | Section 501. Municipal Fire and Emergency Services Organization |
11 | Grant Program. |
12 | The sum of $5,000,000 of the amount appropriated to the |
13 | agency for the Municipal Fire and Emergency Services |
14 | Organization Grant Program shall be expended for the purpose of |
15 | making grants to eligible municipal fire and emergency services |
16 | organizations pursuant to Chapter 3. |
17 | Section 502. Allocation of appropriated funds. |
18 | No moneys from the appropriation for municipal fire and |
19 | emergency services organization grants shall be used for |
20 | expenses or costs incurred by the agency for the administration |
21 | of the grant program authorized under Chapter 3. |
22 | Section 503. Program limitations. |
23 | Program limitations that may result from the misuse of the |
24 | grant funds are as follows: |
25 | (1) An applicant may not make or authorize changes |
26 | exceeding 10% of the total project cost to an approved |
27 | project without first obtaining consent of the agency in |
28 | writing. |
29 | (2) The applicant agrees that noncompliance with the |
30 | conditions of this grant shall be grounds for the recapture |
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1 | of funds provided to the applicant. If the applicant fails to |
2 | refund the moneys, the Commonwealth, in addition to any |
3 | rights or remedies it may have at law or in equity, reserves |
4 | the right to offset the amount due against any existing or |
5 | future sums of money owed the applicant by any Commonwealth |
6 | agency or department, including the agency. |
7 | (3) The agency, or its duly authorized representative, |
8 | shall have access to the records of the applicant for the |
9 | purpose of auditing financial transactions, determining |
10 | compliance with grant terms and evaluating project |
11 | performance. |
12 | (4) The applicant agrees to retain all cost-supporting |
13 | records and documentation for a period of three years from |
14 | the date that it receives its final grant payment from the |
15 | agency. |
16 | CHAPTER 21 |
17 | MISCELLANEOUS PROVISIONS |
18 | Section 2101. Effective date. |
19 | This act shall take effect immediately. |
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