2023-2024 Regular Session SB 1193 PN 1717 Bill Text (HTM)

PRIOR PRINTER'S NO. 1578

PRINTER'S NO. 1717

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1193

Session of

2024

INTRODUCED BY MASTRIANO, PENNYCUICK, VOGEL AND MILLER,

MAY 3, 2024

SENATOR MASTRIANO, VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,

AS AMENDED, JUNE 11, 2024

AN ACT

Amending Title 35 (Health and Safety) of the Pennsylvania

Consolidated Statutes, IN COMMONWEALTH SERVICES, FURTHER

PROVIDING FOR ASSISTANCE TO FIRE COMPANIES AND EMS COMPANIES;

AND, in incentives for municipal volunteers of fire companies

and nonprofit emergency medical services agencies, further

providing for definitions, for volunteer service credit

program, for service record, for certification and for duties

of State Fire Commissioner.

Section 1. The definitions of "active volunteer" and

"volunteer" in section 79A03 of Title 35 of the Pennsylvania

Consolidated Statutes are amended and the section is amended by

adding a definition to read:

SECTION 1. SECTION 7364(A) AND (B) OF TITLE 35 OF THE

PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:

§ 7364. ASSISTANCE TO FIRE COMPANIES AND EMS COMPANIES.

(A) GENERAL RULE.--THE OFFICE IS AUTHORIZED, UPON

APPLICATION OF ANY FIRE COMPANY OR EMS COMPANY, TO MAKE LOANS

FOR THE FOLLOWING PURPOSES:

(1) ESTABLISHING OR MODERNIZING FACILITIES THAT HOUSE

FIREFIGHTING EQUIPMENT, AMBULANCE OR RESCUE VEHICLES. THE

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AMOUNT OF A LOAN FOR ESTABLISHING OR MODERNIZING FACILITIES

MADE TO ANY ONE FIRE COMPANY OR EMS COMPANY SHALL NOT EXCEED

50% OF THE TOTAL COST OF THE FACILITIES OR MODERNIZATION OR

[$450,000] $1,000,000, WHICHEVER IS LESS, AND A NOTARIZED

FINANCIAL STATEMENT FILED UNDER SUBSECTION (C) SHALL SHOW

THAT THE APPLICANT HAS AVAILABLE 20% OF THE TOTAL COST OF THE

FACILITIES IN UNOBLIGATED FUNDS. PROCEEDS OF THE LOAN SHALL

BE USED ONLY FOR PURPOSES OF STRUCTURE OR LAND ACQUISITION OR

RENOVATION OR CONSTRUCTION AND SHALL NOT BE USED FOR PAYMENT

OF FEES FOR DESIGN, PLANNING, PREPARATION OF APPLICATIONS OR

ANY OTHER COST NOT DIRECTLY ATTRIBUTABLE TO STRUCTURE OR LAND

ACQUISITION OR RENOVATION OR CONSTRUCTION.

(2) PURCHASING FIREFIGHTING APPARATUS, AMBULANCES OR

RESCUE VEHICLES. THE AMOUNT OF A LOAN MADE FOR PURCHASING

FIREFIGHTING APPARATUS TO ANY ONE FIRE COMPANY SHALL NOT

EXCEED [$250,000] $500,000 FOR ANY SINGLE FIREFIGHTING

APPARATUS EQUIPMENT OR UTILITY OR SPECIAL SERVICE VEHICLE OR

HEAVY DUTY RESCUE VEHICLE AS DEFINED BY REGULATION OR

GUIDELINE, OR 50% OF THE TOTAL COST OF THE EQUIPMENT OR

VEHICLE, WHICHEVER IS LESS, EXCEPT FOR LOANS FOR AERIAL

APPARATUS AS DEFINED BY REGULATION OR GUIDELINE, WHICH SHALL

NOT EXCEED [$350,000] $500,000. THE AMOUNT OF A LOAN MADE TO

ANY ONE FIRE COMPANY OR EMS COMPANY FOR ANY AMBULANCE OR

LIGHT DUTY RESCUE VEHICLE AS DEFINED BY REGULATION OR

GUIDELINE SHALL NOT EXCEED [$125,000] $250,000 AND FOR A

WATERCRAFT RESCUE VEHICLE SHALL NOT EXCEED [$35,000] $100,000

OR 50% OF THE COST OF THE AMBULANCE OR RESCUE VEHICLE,

WHICHEVER IS LESS, AND A NOTARIZED FINANCIAL STATEMENT FILED

UNDER SUBSECTION (C) SHALL SHOW THAT THE APPLICANT HAS

AVAILABLE 20% OF THE TOTAL COST OF THE VEHICLE IN UNOBLIGATED

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FUNDS.

(3) PURCHASING PROTECTIVE, ACCESSORY OR COMMUNICATION

EQUIPMENT. NO FIRE COMPANY OR EMS COMPANY SHALL RECEIVE A

LOAN FOR PROTECTIVE, ACCESSORY OR COMMUNICATIVE EQUIPMENT

MORE THAN ONCE IN ANY FIVE-YEAR PERIOD. EACH FIRE COMPANY OR

EMS COMPANY MAY APPLY FOR A LOAN FOR A MOBILE AND PORTABLE

RADIO UNIT FOR EACH EXISTING SERVICEABLE APPARATUS EQUIPMENT,

AMBULANCE OR RESCUE VEHICLE. RADIO EQUIPMENT OBTAINED THROUGH

LOANS UNDER THIS SUBCHAPTER SHALL BE EQUIPPED WITH A

FREQUENCY OR FREQUENCIES LICENSED BY THE FEDERAL

COMMUNICATIONS COMMISSION FOR FIREFIGHTING OR EMERGENCY

RESPONSE PURPOSES. A NOTARIZED FINANCIAL STATEMENT SHALL BE

FILED AND LOANS UNDER THIS SUBCHAPTER FOR THE PURCHASE OF

PROTECTIVE, ACCESSORY OR COMMUNICATIVE EQUIPMENT SHALL NOT

EXCEED [$25,000] $150,000.

(4) REFINANCING DEBT INCURRED OR CONTRACTS ENTERED INTO

AFTER NOVEMBER 4, 1975, AND USED FOR THE PURCHASE OF

APPARATUS EQUIPMENT OR FOR THE CONSTRUCTION OR MODERNIZATION

OF FACILITIES OR FOR MODIFICATION OF APPARATUS EQUIPMENT IN

ORDER TO COMPLY WITH NATIONAL FIRE PROTECTION ASSOCIATION

STANDARDS.

(5) REPAIR OR REHABILITATION OF APPARATUS EQUIPMENT.

WHERE IT HAS BEEN DETERMINED THAT EXISTING APPARATUS

EQUIPMENT NO LONGER MEETS THE STANDARDS OF THE NATIONAL FIRE

PROTECTION ASSOCIATION AND THE REPAIR OR REHABILITATION OF

SUCH EQUIPMENT WILL BRING IT IN COMPLIANCE WITH NATIONAL FIRE

PROTECTION ASSOCIATION STANDARDS, LOANS FOR THE REPAIR OR

REHABILITATION FOR A SINGLE APPARATUS EQUIPMENT SHALL BE FOR

AT LEAST $3,000 BUT SHALL NOT EXCEED THE LESSER OF [$80,000]

$150,000 OR 80% OF THE TOTAL COST OF REPAIR OR

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REHABILITATION.

(6) PURCHASING OF USED FIREFIGHTING APPARATUS,

EQUIPMENT, USED AMBULANCES, USED RESCUE VEHICLES, USED

COMMUNICATIONS EQUIPMENT, USED ACCESSORY EQUIPMENT OR USED

PROTECTIVE EQUIPMENT, EXCEPT THAT THE USED VEHICLES AND

EQUIPMENT SHALL MEET THE NATIONAL FIRE PROTECTION ASSOCIATION

(NFPA) STANDARDS AND LOANS FOR THE PURCHASE OF A USED SINGLE

APPARATUS EQUIPMENT SHALL NOT EXCEED [$200,000] $350,000 OR

80% OF THE TOTAL COST OF THE EQUIPMENT, WHICHEVER IS LESS.

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(B) LOANS.--LOANS MADE BY THE OFFICE IN THE AMOUNT OF

$50,000 OR LESS SHALL BE FOR A PERIOD OF NOT MORE THAN TEN

YEARS. LOANS IN EXCESS OF $50,000 BUT NOT IN EXCESS OF $300,000

SHALL BE FOR A PERIOD OF NOT MORE THAN [15] 20 YEARS. THE

PAYBACK PERIOD OF ANY LOAN IN EXCESS OF $300,000 SHALL NOT

EXCEED [20] 30 YEARS. LOANS SHALL BE SUBJECT TO THE PAYMENT OF

INTEREST AT 2% PER YEAR AND SHALL BE SUBJECT TO SUCH SECURITY AS

SHALL BE DETERMINED BY THE COMMISSIONER. THE TOTAL AMOUNT OF

INTEREST EARNED BY THE INVESTMENT OR REINVESTMENT OF ALL OR ANY

PART OF THE PRINCIPAL OF ANY LOAN SHALL BE RETURNED TO THE

OFFICE AND TRANSFERRED TO THE FIRE AND EMERGENCY MEDICAL

SERVICES LOAN FUND AND SHALL NOT BE CREDITED AS PAYMENT OF

PRINCIPAL OR INTEREST ON THE LOAN. EXCEPT AS PROVIDED IN

SUBSECTION (A)(5) AND (7), THE MINIMUM AMOUNT OF ANY LOAN SHALL

BE $25,000.

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SECTION 2. THE DEFINITIONS OF "ACTIVE VOLUNTEER" AND

"VOLUNTEER" IN SECTION 79A03 OF TITLE 35 ARE AMENDED AND THE

SECTION IS AMENDED BY ADDING A DEFINITION TO READ:

§ 79A03. Definitions.

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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:

"Active volunteer." A volunteer for a volunteer fire company

[or], nonprofit emergency medical services agency or volunteer

HAZMAT Team who has complied with the requirements of the

volunteer service credit program and who is certified under

section 79A23 (relating to certification).

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"HAZMAT Team." As the term "certified hazardous material

response team" is defined in section 103 of the act of December

7, 1990 (P.L.639, No.165), known as the Hazardous Material

Emergency Planning and Response Act.

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"Volunteer." A member of a volunteer fire company [or], a

nonprofit emergency medical services agency or a volunteer

HAZMAT Team.

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Section 2 3. Sections 79A21, 79A22, 79A23(a) and (c) and

79A33(1) of Title 35 are amended to read:

§ 79A21. Volunteer service credit program.

(a) Establishment.--The governing body may establish a

volunteer service credit program that establishes the annual

requirements for the certification of a volunteer in active

service at a volunteer fire company [or], a nonprofit emergency

medical services agency or a volunteer HAZMAT Team.

(b) Activities.--The volunteer service credit program shall

consider the following activities in determining credit toward a

certification of active service:

(1) The number of emergency calls to which a volunteer

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responds.

(2) The level of training and participation in formal

training and drills for a volunteer.

(3) The total amount of time expended by a volunteer on

administrative and other support services, including

fundraising and facility or equipment maintenance.

(4) The involvement in other events or projects that aid

the financial viability, emergency response or operational

readiness of a volunteer fire company [or], a nonprofit

emergency medical services agency or a volunteer HAZMAT Team.

of the chief of a volunteer fire company and the supervisor or

chief of a nonprofit emergency medical services agency or the

head of the volunteer HAZMAT Team or their designees, adopt

guidelines, including forms and applications, necessary to

implement this section.

(d) Eligibility list.--A notarized list of eligible active

volunteers shall be submitted to the governing body, no later

than 45 days before tax notices are to be distributed, by the

following:

(1) The chief of a volunteer fire company, where

applicable.

(2) The supervisor or chief of a nonprofit emergency

medical services agency, where applicable.

(3) The head of a volunteer HAZMAT Team.

(e) Exclusion.--An eligible active volunteer may only

receive a tax credit under this subchapter once for each

governing body.

(F) HAZMAT.--IN ORDER TO RECEIVE A TAX CREDIT UNDER THIS

SECTION, AN ELIGIBLE ACTIVE VOLUNTEER OF A VOLUNTEER HAZMAT TEAM

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MUST DO ALL OF THE FOLLOWING:

(1) MAINTAIN HAZMAT OPERATIONS OR A TECHNICIAN

CERTIFICATE.

(2) ATTEND A MINIMUM OF FOUR HAZMAT DRILLS OR EXERCISES

PER YEAR.

§ 79A22. Service record.

(a) Log.--The chief of a volunteer fire company [or], the

supervisor or chief of a nonprofit emergency medical services

agency or the head of the volunteer HAZMAT Team or their

designees shall establish and maintain a service log that

documents the activities of each volunteer that qualify for

credit toward active service under the volunteer service credit

program and the calculation of the total credits earned for each

volunteer in the volunteer fire company [or], nonprofit

emergency medical services agency or volunteer HAZMAT Team.

(b) Review.--Service logs established and maintained by

volunteer fire companies [or], nonprofit emergency medical

services agencies or volunteer HAZMAT Teams shall be subject to

periodic review by the commissioner, the Auditor General, the

governing body where the volunteer fire company [or], nonprofit

emergency medical services agency or volunteer HAZMAT Team is

located and the governing body where the volunteer fire company

[or], nonprofit emergency medical services agency or volunteer

HAZMAT Team provides services.

§ 79A23. Certification.

(a) Self-certification.--The active volunteer shall sign and

submit an application for certification to the chief of the

volunteer fire company [or], the supervisor or chief of the

nonprofit emergency medical services agency or head of the

volunteer HAZMAT Team where the volunteer serves.

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volunteer fire company [and], the supervisor or chief and

another officer of the nonprofit emergency medical services

agency and the head of the volunteer HAZMAT Team shall sign the

application attesting to the individual's status as an active

volunteer or that the individual can no longer serve as an

active volunteer due to injury. The application shall then be

forwarded to the municipality, as appropriate, for final review

and processing.

§ 79A33. Duties of State Fire Commissioner.

The State Fire Commissioner shall:

(1) Establish guidelines for municipalities, volunteer

fire companies [and], nonprofit EMS agencies and volunteer

HAZMAT Teams regarding the tax credit and post the guidelines

online.

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Section 3 4. This act shall take effect in 60 days.

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