Session of 2022
No. 2022-10
 
SB 739
 
AN ACT
 
Amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in
            Commonwealth services, further providing for definitions and for assistance to fire
            companies and EMS companies; in grants to fire companies and emergency medical services
            companies, establishing the Emergency Medical Services COVID-19 Recovery Grant Program
            and providing for expiration of authority relating to Emergency Medical Services COVID-19
            Recovery Grant Program; and making editorial changes.
         
 
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
 
Section 1.  Section 5721.1 of Title 35 of the Pennsylvania Consolidated Statutes is renumbered
            to read:
         
 [5721.1] 5725.  Contract service providers.
         
(a)  General rule.--Each school entity may renegotiate a contract for contract service
            providers to ensure contracted personnel and fixed costs, including administrative
            and equipment, are maintained during the period of school closure. During the period
            of school closure, the contract service providers shall submit weekly documentation
            to the school entity that its complement levels remain at or above the level on March
            13, 2020, in order to continue being paid.
         
(b)  Definitions.--As used in this section, the term "school entity" shall have the same
            meaning as in section 1501.8(n) of the act of March 10, 1949 (P.L.30, No.14), known
            as the Public School Code of 1949.
         
Section 2.  The definition of "fire company" in section 7363 of Title 35 is amended to read:
 7363.  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 company."  [A volunteer fire company.] A volunteer nonprofit chartered fire company or municipal-owned fire company or department.
* * *
Section 3.  Section 7364(c.1) of Title 35 is amended by adding paragraphs to read:
 7364.  Assistance to fire companies and EMS companies.
* * *
(c.1)  Application review committee.--The office shall establish an application review committee
            to review loan applications and recommendations on loan applications under this section.
            The application review committee shall regularly meet at least quarterly to review
            loan applications and make recommendations on loan applications to the office. The
            application review committee shall be chaired by the commissioner or the commissioner's
            designee and include the following members:
         
* * *
(10)  A representative of the Pennsylvania Professional Fire Fighters Association.
(11)  A representative of the Pennsylvania Career Fire Chiefs Association.
(12)  The Secretary of Community and Economic Development or the secretary's designee.
(13)  The Secretary of Conservation and Natural Resources or the secretary's designee.
* * *
Section 4.  Sections 7823.1, 7823.2 and 7823.3 of Title 35 are renumbered to read:
 [7823.1] 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.
         
 [7823.2] 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.
         
 [7823.3] 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.
(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.
         
Section 5.  Chapter 78 of Title 35 is amended by adding a subchapter to read:
SUBCHAPTER E
EMERGENCY MEDICAL SERVICES
COVID-19 RECOVERY GRANT PROGRAM
Sec.
7841.  Establishment.
7842.  Award of grants.
7843.  Funding and costs.
7844.  Report.
 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 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.
         
 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).
         
 7843.  Funding and costs.
(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.
         
 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 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 6.  The heading of Subchapter E of Chapter 78 of Title 35 is amended to read:
SUBCHAPTER [E] J
MISCELLANEOUS PROVISIONS
Section 7.  Sections 7841 and 7841.1 of Title 35 are renumbered to read:
 [7841] 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)
            shall expire June 30, 2024.
         
 [7841.1] 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.
         
Section 8.  Title 35 is amended by adding a section to read:
 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 9.  Sections 7842 and 7843 of Title 35 are renumbered to read:
 [7842] 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.
         
(b)  Delinquency.--An applicant for a grant under this chapter who is delinquent in loan
            payments to the Pennsylvania Fire and Emergency Medical Services Loan Program must
            use its grant funds to pay any arrears to the Commonwealth or it will not be qualified
            to receive a grant. Any organization that fails to comply with this subsection shall
            be disqualified from applying to the grant program for a period of five years.
         
(c)  Demonstration.--An applicant for a grant under this chapter must demonstrate that
            it complied with all of the 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.
         
(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).
         
 [7843] 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 that were notified of the grant
            programs.
         
(2)  The total number of fire companies and EMS companies that submitted applications for
            the grant programs.
         
(3)  The total number of fire companies and EMS companies that were approved for grants.
(4)  An analysis of how the grants 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 municipal fire companies,
            volunteer fire companies, municipal emergency medical services companies and volunteer
            EMS companies.
         
(7)  A list of the different reasons why grants were not issued to fire companies and EMS
            companies, 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 utilized the grants to pay off
            loans under the Pennsylvania Fire and Emergency Medical Services Loan Program.
         
(b)  Submission.--The commissioner shall submit the annual report by October 1, 2020, and
            by October 1 of each year thereafter, 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 and Emergency Preparedness 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 10.  This act shall take effect as follows:
(1)  The amendment of the definition of "fire company" in 35 Pa.C.S.  7363 and 7364(c.1)
            shall take effect in 60 days.
         
(2)  The remainder of this act shall take effect immediately.
 
APPROVED--The 10th day of February, A.D. 2022.
 
TOM WOLF