A05041
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2407
Session of
2024
INTRODUCED BY SOLOMON, SAPPEY, GUENST, BOROWSKI, PIELLI, SCOTT,
CONKLIN, HILL-EVANS, McNEILL, SANCHEZ, PROBST, VENKAT, BOYD,
POWELL, MADSEN, DONAHUE AND O'MARA, JUNE 11, 2024
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, JUNE 11, 2024
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in general provisions relating to
emergency management services, further providing for
definitions; in Commonwealth services, further providing for
definitions and for State Fire Commissioner; in grants to
fire companies and emergency medical services companies,
further providing for scope of chapter, for definitions, for
publication and notice, for award of grants, for
consolidation incentive, for publication and notice
establishment, 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,
providing for Supplemental Fire Company and Emergency Medical
Services 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 special
provisions and for annual reports; and, in emergency medical
services system, further providing for definitions., 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
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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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 7102 and 7382 of Title 35 of the
Pennsylvania Consolidated Statutes are amended by adding
definitions to read:
Section 1. Section 7102 of Title 35 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
ยง 7102. Definitions.
The following words and phrases when used in this part shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Fire Department Identification Number" department
identification number" or "FDID number." A unique, five-
character identifier assigned by the commissioner to identify an
individual fire company, volunteer rescue company, hazardous
materials team or specialty team within this Commonwealth.
* * *
ยง 7382. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Fire Department Identification Number" or "FDID Number." A
unique five-character identifier assigned by the
commissioner to identify an individual fire company
or volunteer rescue company within this Commonwealth.
Section 2. Section 7383(a) of Title 35 is amended by adding
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a paragraph to read:
ยง 7383. State Fire Commissioner.
(a) State Fire Commissioner.--There shall be a State Fire
Commissioner, who shall report to the Governor on all matters
concerning fire services in this Commonwealth. The Office of the
State Fire Commissioner shall be within the agency for
administrative purposes only, and the commissioner shall not
report to the director of the agency. The commissioner shall
have the power and duty to:
* * *
(12) Issue and revoke Fire Department Identification
Numbers fire department identification numbers . The
commissioner may establish guidelines for the issuance and
revocation of FDID numbers. The commissioner shall transmit
the guidelines to the Legislative Reference Bureau for
publication in the next available issue of the Pennsylvania
Bulletin.
* * *
Section 3. Sections 7802, 7812, 7813(a)(7), (a.2), (c)(2),
(d) and (e) introductory paragraph and (2)(i), 7814, 7821, 7822
and 7823(a)(1) and (7), (b)(1) and (c)(2) 7801, 7802 and 7812 of
Title 35 are amended to read:
ยง 7801. Scope of chapter.
This chapter relates to grants to fire companies [and],
emergency medical services companies, hazardous materials teams
and specialty teams.
ยง 7802. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"ALS." Advanced life support.
"Advanced life support [services]." The term shall have the
meaning given to it in Chapter 81 (relating to emergency medical
services system).
"Advanced life support squad." The term shall have the
meaning given to it in Chapter 81.
["Agency." The Pennsylvania Emergency Management Agency.]
"Airport fire company." A fire company that does all of the
following:
(1) Is associated with an airport.
(2) Has a mutual aid agreement with a neighboring
municipality.
(3) Has responded to at least 15 fire or rescue
emergency calls annually to neighboring fire companies as
provided in documentation requested by the [State Fire
Commissioner] commissioner.
"BLS." Basic life support.
"Basic life support [services]." The term shall have the
meaning given to it in Chapter 81 [(relating to emergency
medical services system)].
"Basic life support squad." The term shall have the meaning
given to it in Chapter 81.
["Career emergency medical services company." 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
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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 ยง 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.]
"Combined fire company." A volunteer fire company located in
this Commonwealth with at least one paid employee in addition to
a fire chief.
"Co mbined 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.
"Commissioner." The State Fire Commissioner.
"Director." The Director of the Bureau of Emergency Medical
Services of the Department of Health.
"Emergency medical services company" or "EMS company." A
career or volunteer emergency medical services company. 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
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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.
"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.
"Fire company." A volunteer fire company, a municipal fire
company [or a combined [volunteer and municipal], an airport
fire company or combined fire company located in this
Commonwealth. [The term includes an airport fire company.]
"Grant program." The Fire Company Grant Program established
in Subchapter B (relating to fire company grant program) [or],
the Emergency Medical Services Grant Program established in
Subchapter C (relating to emergency medical services grant
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).
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"Hazardous materials team." A nonprofit team that is
certified by the agency as a hazardous materials response team .
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.
"Intermediate advanced life support squad." The term shall
have the meaning given to it in Chapter 81.
["Invalid coach." The term shall have the meaning given to
it in Chapter 81 (relating to emergency medical services
system).]
"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.
"Quick response service" or "QRS." The term shall have the
meaning given to it in Chapter 81.
"Specialty team." A nonprofit team engaged in wilderness
search and rescue, a nonprofit wildland firefighting team
recognized by the Department of Conservation and Natural
Resources or a nonprofit squad that performs any of the
following:
(1) Water rescue.
(2) Technical rope rescue.
(3) Confined space rescue.
(4) Trench rescue.
"Volunteer ambulance service." The term shall have the same
meaning as "volunteer EMS company."
"Volunteer ambulance service" or "volunteer EMS company." A
nonprofit EMS company.
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["Volunteer [EMS] emergency medical services company" or
"volunteer EMS company." [Any] As follows:
(1) A nonprofit chartered emergency medical services
corporation, association or organization which meets all of the
following:
(i) Is located in this Commonwealth[, which is].
(ii) Is licensed by the Department of Health [and is].
(iii) Is not associated or affiliated with any hospital,
unless recognized in accordance with section 7823(b.1) (relating
to award of grants)[, and which is].
(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 ยง 1027.1 (relating to general provisions).
(2) 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.]
"Volunteer fire company." As follows:
(1) A nonprofit chartered corporation, association or
organization which meets all of the following:
(i) Is located in this Commonwealth [which
provides].
(ii) Provides fire protection or rescue services and
[which] may offer other voluntary emergency services
within this Commonwealth. Voluntary emergency services
provided by a volunteer fire company may include
voluntary ambulance and voluntary rescue services.
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"Volunteer rescue company." As follows:
(1) A nonprofit chartered corporation, association or
organization which meets all of the following:
(i) Is located in this Commonwealth [that provides].
(ii) Provides rescue services as part of the
response to fires or vehicle accidents within this
Commonwealth.
ยง 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 a single designated Commonwealth electronic application
for the grant program programs under this chapter .
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:
ยง 7813. Award of grants.
(a) Authorization.--The commissioner is authorized to make a
grant award to each eligible fire company for the following:
* * *
[(7) Revenue loss for grants issued in 2021 and 2022.]
* * *
(8) Personnel costs.
(9) Utility costs.
(10) Cancer screenings and other preventive health
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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.
(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.] The commissioner, in consultation with the State
Fire Advisory Board, may establish a bonus point system to award
additional funds to fire companies. The commissioner shall
submit the certification bonus point guidelines for a 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.)
* * * 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
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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.
* * *
(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
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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 within 60 days after the
close of the application period each year shall be deemed
approved. The following apply:
(i) The commissioner may extend the application
period for up to 45 additional days for individual fire
companies, upon request, if the fire company demonstrates
hardship or undue burden that prevents the fire company
from applying within the 45-day application period. An
extension under this paragraph must be requested within
30 days of the date of the end of the application period.
(ii) The commissioner shall have sole discretion to
determine whether a fire company has demonstrated
hardship or undue burden.
(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. The contact information shall include a mailing
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address, a telephone number and an email address and must be
submitted to the commissioner before July 31 of the grant
year.
(4) Be registered with the appropriate Public Safety
Answering Point as an active response agency.
(5) Have an FDID number that is associated solely with
the fire company applying for the grant.
(6) Be designated by a municipality, by resolution or
ordinance, as a provider of fire or rescue services within
the municipality.
(7) Demonstrate that:
(i) the fire company or volunteer rescue squad
receives a certification under 23 Pa.C.S. ยง 6344
(relating to employees having contact with children;
adoptive and foster parents) or 6344.2 (relating to
volunteers having contact with children) for every member
of the fire company or volunteer rescue squad; and
(ii) the fire company or volunteer rescue squad does
not employ or have as a volunteer member any individual
whose employment or participation could be denied under
the provisions of 23 Pa.C.S. ยง 6344(c).
(e) Construction Savings Account.--A fire company may apply
for a grant under subsection (a) for the purpose of constructing
[a new] or renovating a 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:
* * *
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(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 5. Sections 7814, 7821 and 7822 of Title 35 are
amended to read:
ยง 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
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
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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.
ยง 7821. Establishment.
The Emergency Medical Services Grant Program is established
and shall be administered by the commissioner. Grants provided
under this program shall be used to improve and enhance the
capabilities of EMS [to provide ambulance, emergency medical,
basic life support and advanced life support [services].]
companies to provide emergency medical services.
ยง 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 designated
Commonwealth electronic application for the grant
program.
ยง 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 Comm onwealth 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
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subsections to read:
ยง 7823. Award of grants.
(a) Authorization.--The commissioner is authorized to make a
grant award to each eligible EMS company for the following:
(1) Construction and renovation of the EMS company's
facilities and purchase or repair of fixtures, furnishings,
office equipment and support services necessary to maintain
or improve the capability of the services to provide
ambulance, emergency medical, squad, quick response, basic
life support and advanced life support [services].
(2) Repair of ambulance, squad or QRS equipment or
purchase thereof.
* * *
[(7) Revenue loss for grants issued in 2021 and 2022.]
(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
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
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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.
(b) Limits.--
(1) Grants shall be [not less than $2,500 and not more
than [$15,000] $20,000 per EMS 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.
* * *
(5) An EMS company may only apply for a grant for up to
five years for the purpose under subsection (d).
(c) Time for filing application and department action.--
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* * *
(2) EMS companies seeking grants under this chapter
shall submit completed applications to the commissioner. 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. The following apply:
(i) The commissioner may extend the application
period for up to 45 additional days for individual EMS
companies, upon request, if the EMS company demonstrates
hardship or undue burden that prevents the EMS company
from applying within the 45-day application period. An
extension under this paragraph must be requested within
30 days of the date of the end of the application period.
(ii) The commissioner shall have sole discretion to
determine whether a fire and EMS company has demonstrated
hardship or undue burden.
(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
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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.
Section 4. Subchapter C.1 of Chapter 78, section 7832.2 and
Subchapter E of Chapter 78 of Title 35 are repealed:
Section 7. Subchapter C.1 of Chapter 78 of Title 35 is
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.
ยง 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.
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ยง 7827.2. Publication and notice.
The agency shall transmit notice of the COVID-19 Crisis Fire
Company and Emergency Medical Services Grant Program
availability to the Legislative Reference Bureau for publication
in the Pennsylvania Bulletin within 30 days of the effective
date of this section.
ยง 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.
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(c) Application not required.--
(1) Except as otherwise provided in paragraph (2), no
additional application shall be required for a grant under
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.]
ยง 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.]
Section 8. Sections 7831 and 7832 of Title 35 are amended to
read:
ยง 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
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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. ยง 1113(a) (relating to disposition of certain
funds), the sum of $25,700,000 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.
(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.
ยง 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. ยง 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
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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:
[ยง 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.
ยง 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
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of Subchapter C.1.]
Section 10. Title 35 is amended by adding a section to read:
ยง 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:
ยง 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
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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:
[SUBCHAPTER E
EMERGENCY MEDICAL SERVICES
COVID-19 RECOVERY GRANT PROGRAM
Sec.
7841. Establishment.
7842. Award of grants.
7843. Funding and costs.
7844. Report.
ยง 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
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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.
ยง 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
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).
ยง 7843. Funding and costs.
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(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.
ยง 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
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
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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 5 13. Chapter 78 of Title 35 is amended by adding a
subchapter to read:
SUBCHAPTER F
SUPPLEMENTAL FIRE COMPANY AND EMERGENCY
MEDICAL SERVICES GRANT PROGRAM
Sec.
7851. Establishment.
7852. Award of grant funds.
7853. Quick response services and EMS squad grants.
7854. Supplemental fire company and emergency medical services
grants.
7855. V olunteer rescue company, hazardous materials team and
specialty team competitive grants.
7856. Fire service modernization grants.
7857. Miscellaneous provisions.
ยง 7851. Establishment.
The Supplemental Fire Company and Emergency Medical Services
Grant Program is established and shall be administered by the
Office of the State Fire Commissioner.
ยง 7852. Award of grant funds.
(a) Transfer.--In addition to sums transferred from the
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State Gaming Fund and under 3 Pa.C.S. ยง 1113 (relating to
disposition of certain funds) the sum of $30,000,000 shall be
transferred annually from the Property Tax Relief Reserve Fund
to the fire company and emergency medical services grant
programs established under this chapter.
(b) Utilization.--Money transferred under subsection (a)
shall be utilized by the commissioner as follows:
(1) 20% shall be awarded to recipients of the fire
company and emergency medical services grant programs
established in Subchapters B and C who:
(i) Have an emergency medical services license
certificate issued by the Department of Health.
(ii) Are currently registered with the Department of
Health.
(iii) Are licensed at the quick response service,
basic life support squad, advanced life support squad or
intermediate advanced life support squad level of
service.
(2) 50% shall be used to increase the base amount of
grants established in Subchapters B and C.
(3) 4% shall be used to establish a competitive grant
for volunteer rescue companies, hazardous materials teams and
specialty teams .
(4) 26% shall be used to establish a competitive grant
program for counties or county-sponsored applicants to fund
fire service regionalization, standards of cover or
recruitment and retention.
ยง 7853. Quick response services and EMS squad grants.
(a) Awards.--The commissioner shall use funds transferred
under section 7852(b)(1) (relating to award of grant funds) in a
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uniform amount of additional grant awards to each eligible
recipient in an amount not to exceed $7,500. If money
appropriated for this purpose is not sufficient to award the
maximum allowable amount to each eligible recipient, the
commissioner shall award the highest possible amount based on
availability of money to each eligible recipient.
(b) Accumulation.--The amount determined in subsection (a)
shall be added to the base amount of grants awarded under
sections 7813 (relating to award of grants) and 7823 (relating
to award of grants). The amount determined in subsection (a)
shall not count when calculating the maximum award amounts
established in sections 7813(b)(1) and 7823(b)(1).
(c) Consolidation.--Money awarded under this section shall
not be subject to the provisions of section 7814 (relating to
consolidation incentive) or 7824 (relating to consolidation
incentive).
(d) Guidelines.--The commissioner shall develop guidelines
for this 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).
ยง 7854. Supplemental fire company and emergency medical
services grants.
(a) Awards.--The commissioner shall use money transferred
under section 7852(b)(2) (relating to award of grant funds) to
uniformly increase the base amount of supplemental fire company
and emergency medical services grants established in sections
7813 (relating to award of grants) and 7823 (relating to award
of grants).
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(b) Calculation.--Each year the commissioner shall determine
the amount of the increase to the base amount by dividing the
total of funds transferred under section 7852(b)(2) by the total
number of complete grant applications made to the grants
established in sections 7813 and 7823.
(c) Accumulation.--The amount determined in subsection (b)
shall be added to the base amount of grants awarded pursuant to
sections 7813 and 7823. Such amounts will not count when
calculating the maximum award amounts established in sections
7813(b)(1) and 7823(b)(1).
(d) Consolidation.--Funds awarded under this section shall
be subject to the provisions of sections 7814 (relating to
consolidation incentive) and 7824 (relating to consolidation
incentive).
ยง 7855. V olunteer rescue company, hazardous materials team and
specialty team competitive grants.
(a) Awards.--The commissioner shall use money transferred
under section 7852(b)(3) (relating to award of grant funds) to
establish a grant program for volunteer rescue companies,
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) Guidelines.--The commissioner shall develop guidelines
for this program, including for the issuance and revocation of
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FDID numbers for eligible applicants of this 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).
ยง 7856. Fire service modernization grants.
(a) Awards.--The commissioner shall use money transferred
under section 7852(b)(4) (relating to award of grant funds) to
establish a grant program to support county-based fire service
modernization efforts. The grant program shall make grants
available to counties or county-sponsored applicants.
(b) Limits.--The commissioner may award up to one grant in
each county.
(c) Uses.--Grants awarded under this section shall be used
to fund fire service modernization efforts, including
regionalization, establishing standards of cover for fire
service or recruitment and retention efforts.
(d) Guidelines.--The commissioner shall develop guidelines
for this 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).
ยง 7857. Miscellaneous provisions.
(a) Administrative costs.--The commissioner may retain up to
2% of funds appropriated under this subchapter for
administrative costs.
(b) Unspent funds.--Annually appropriated funds not spent
each year shall be transferred as follows:
(1) 50% of the amount shall be used for the purpose of
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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).
SUBCHAPTER F
HAZARDOUS MATERIALS TEAM AND SPECIALTY
TEAM GRANT PROGRAM
Sec.
7851. Establishment.
7852. Hazardous materials team and specialty team competitive
grants.
ยง 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.
ยง 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.
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(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).
Section 6 14. Section 7891 of Title 35 is amended to read:
ยง 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) and F
(relating to Hazardous Materials Team and Specialty Team Grant
Program) shall expire [June 30, 2024] June 30, 2029 December
31, 2029.
Section 7 15. Sections 7892 and 7893 of Title 35 are
repealed:
[ยง 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.
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ยง 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
award grants under Subchapter E (relating to Emergency Medical
Services COVID-19 Recovery Grant Program) shall expire June 30,
2022.]
Section 8 16. Sections 7894(a) and (d) and 7895(a)(5)
7895(a) of Title 35 are amended to read:
ยง 7894. Special provisions.
(a) Claim.--An applicant for a grant under this chapter who
failed to return a signed agreement for the preceding year shall
not be permitted to apply for a grant in the current year unless
the applicant has provided the commissioner with a reasonable
written explanation as to why it did not claim its grant prior
to the beginning of the application period.
* * *
(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).
ยง 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:
* * *
(1) The total number of fire companies [and], EMS
companies, hazardous materials teams and specialty teams that
were notified of the grant programs.
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(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.
[(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).]
* * *
(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
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utilized the grants to pay off loans under the Pennsylvania
Fire and Emergency Medical Services Loan Program.
Section 9. The definitions of "ALS" and "BLS" in section
8103 of Title 35 are amended and the section is amended by
adding definitions to read:
ยง 8103. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Advanced life support" or "ALS." Advanced prehospital and
interhospital emergency medical care of serious illness or
injury by appropriately trained health professionals and by
certified EMT paramedics.
"Advanced life support squad." An EMS agency that is
licensed under section 8129 (relating to emergency medical
services agencies) at the advanced life support level of
service.
* * *
["ALS." Advanced life support.]
* * *
"Basic life support" or "BLS." Prehospital or interhospital
emergency medical care and management of illness or injury
performed by specially trained and certified or licensed
personnel.
"Basic life support squad." An EMS agency that is licensed
under section 8129 at the basic life support squad level of
service.
* * *
["BLS." Basic life support.]
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* * *
"Intermediate advanced life support squad." An EMS agency
that is licensed under section 8129 at the intermediate advanced
life support squad level of service.
* * *
Section 10 17. This act shall take effect June 30, 2024, or
immediately, whichever is later.
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