Pennsylvania Act 2003-17 — VOLUNTEER FIRE COMPANY AND VOLUNTEER AMBULANCE SERVICE GRANT ACT

act-2003-0-172003 Pa. Act 17Law

Act text
VOLUNTEER FIRE COMPANY AND VOLUNTEER AMBULANCE SERVICE GRANT ACT
                  Act of Jul. 31, 2003, P.L. 73, No. 17               Cl. 35
                                  AN ACT

     Establishing a grant program for volunteer fire companies and
        volunteer ambulance services; and providing for grant
        funding.

                             TABLE OF CONTENTS

     Chapter 1.  Preliminary Provisions

     Section 101.  Short title.
     Section 102.  Definitions.

     Chapter 3.  Volunteer Fire Company Grant Program

     Section 301.  Establishment.
     Section 302.  Guidelines and procedures (Repealed).
     Section 302.1. Publication and notice.
     Section 303.  Award of grants.
     Section 304.  Consolidation incentive.

     Chapter 5.  Volunteer Ambulance Service Grant Program

     Section 501.  Establishment.
     Section 502.  Guidelines and procedures (Repealed).
     Section 502.1. Publication and notice.
     Section 503.  Award of grants.

     Chapter 7.  Grant Funding Provisions

     Section 701.  Volunteer Fire Company Grant Program.
     Section 702.  Volunteer Ambulance Service Grant Program.
     Section 703.  Allocation of appropriated funds.

     Chapter 9.  Miscellaneous Provisions

     Section 901.  Expiration of authority.
     Section 901.1. Special provisions.
     Section 902.  Declaration (Deleted by amendment).
     Section 903.  Effective date.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

                                CHAPTER 1
                          PRELIMINARY PROVISIONS
     Section 101.  Short title.
        This act shall be known and may be cited as the Volunteer
     Fire Company and Volunteer Ambulance Service Grant Act.
     Section 102. Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Advanced life support services."  The term shall have the
     meaning given to it in the act of July 3, 1985 (P.L.164, No.45),
     known as the Emergency Medical Services Act.
        "Agency."  The Pennsylvania Emergency Management Agency.
        "Basic life support services."  The term shall have the
     meaning given to it in the act of July 3, 1985 (P.L.164, No.45),
     known as the Emergency Medical Services Act.
        "Commissioner."  The State Fire Commissioner.
        "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.
        "Grant program."  The Volunteer Fire Company Grant Program
     established in Chapter 3 or the Volunteer Ambulance Service
     Grant Program established in Chapter 5.
        "Invalid coach."  The term shall have the meaning given to it
     in the act of July 3, 1985 (P.L.164, No.45), known as the
     Emergency Medical Services Act.
        "Volunteer ambulance service."  Any nonprofit chartered
     corporation, association or organization located in this
     Commonwealth, which is licensed by the Pennsylvania Department
     of Health and is not associated or affiliated with any hospital
     and which 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 § 1005.1 (relating to general provisions). 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. (Def.
     amended June 28, 2007, P.L.36, No.10)
        "Volunteer fire company."  A nonprofit chartered corporation,
     association or organization located in this Commonwealth which
     provides fire protection or rescue services and which may offer
     other voluntary emergency within this Commonwealth. Voluntary
     emergency services provided by a volunteer fire company may
     include voluntary ambulance and voluntary rescue services.
        "Volunteer rescue company."  A nonprofit chartered
     corporation, association or organization located in this
     Commonwealth that provides rescue services as part of the
     response to fires and/or vehicle accidents within this
     Commonwealth.
                                CHAPTER 3
                   VOLUNTEER FIRE COMPANY GRANT PROGRAM

        Compiler's Note:  See sections 8.1, 8.2 and 9 of Act 10 of
            2007 in the appendix to this act for special provisions
            relating to payment of grants and performance review of
            program.
     Section 301.  Establishment.
        The Volunteer Fire Company Grant Program is hereby
     established and shall be administered by the agency in
     consultation with the commissioner. Grants provided under this
     program shall be used to improve and enhance the capabilities of
     the volunteer fire company to provide firefighting, ambulance
     and rescue services.
        Section 302. Guidelines and procedures. (302 repealed June
     28, 2007, P.L.36, No.10)
     Section 302.1.  Publication and notice.
        The agency shall publish notice of the grant program
     availability through the Legislative Reference Bureau for
     publication in the Pennsylvania Bulletin:
            (1)  within 30 days of the effective date of this section
        for the fiscal years beginning July 1, 2006, and July 1,
        2007; and
            (2)  by August 8 for fiscal years beginning after June
        30, 2008.
        (302.1 added June 28, 2007, P.L.36, No.10)
     Section 303.  Award of grants.
        (a)  Authorization.--The agency is hereby authorized to make
     a grant award to each eligible volunteer fire company for the
     following:
            (1)  Construction and/or renovation of the fire company's
        facility and purchase or repair of fixtures and furnishings
        necessary to maintain or improve the capability of the
        company to provide fire, ambulance and rescue services.
            (2)  Repair of firefighting, ambulance or rescue
        equipment or purchase thereof.
            (3)  Debt reduction associated with paragraph (1) or (2).
            (4)  Training and certification of members.
        (b)  Limits.--
            (1)  Except as provided in paragraph (3), grants shall be
        not less than $2,500 and not more than $15,000 per volunteer
        fire company.
            (2)  Grants may be awarded on a pro rata basis if the
        total dollar amount of approved applications exceeds the
        amount of funds appropriated by the General Assembly for this
        purpose.
            (3)  In a municipality where there are two or more
        volunteer fire companies and if two or more fire companies
        consolidated their use of equipment, firefighters and
        services within five years preceding the date of the current
        year application submission deadline, the consolidated entity
        shall be deemed eligible to receive a grant not to exceed the
        amount of the combined total for which the individual
        companies would have been eligible had they not consolidated.
        (c)  Time for filing application and department action.--
            (1)  Within 30 days of the effective date of this
        paragraph for the fiscal years beginning July 1, 2006, and
        July 1, 2007, and by September 1 of each year thereafter, the
        agency shall provide written instructions for grants under
        this act to the fire chief and president of every volunteer
        fire company in this Commonwealth.
            (2)  Within 45 days of the effective date of this
        paragraph for the fiscal years beginning July 1, 2006, and
        July 1, 2007, and by September 8 of each year thereafter, the
        agency shall provide applications to the fire chief and
        president of every volunteer fire company. The application
        for the fiscal years commencing July 1, 2006, and July 1,
        2007, shall be a combined application. Volunteer fire
        companies seeking grants under this act shall submit
        completed applications to the agency. The 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 agency within 60
        days after the close of the application period each year
        shall be deemed approved.
        (d)  Eligibility.--To receive grant funds under this act, a
     volunteer fire company shall have actively responded to one or
     more fire or rescue emergencies during the previous calendar
     year and must have signed and be under an agreement to actively
     participate in the Pennsylvania Fire Information Reporting
     System which is administered by the agency.
        (303 amended June 28, 2007, P.L.36, No.10)
     Section 304.  Consolidation incentive.
        If, after the effective date of this act, two or more
     volunteer fire companies consolidate their use of facilities,
     equipment, firefighters and services, the consolidated entity
     may, upon notification of the agency, 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 Volunteer Companies
     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. The reduction
     in the interest rate payable shall be from 2% to 1%. Upon
     receipt of such notification, the agency, in conjunction with
     the State Fire Commissioner, shall determine and verify that the
     consolidated entity is in fact a bona fide consolidated
     volunteer fire company. If the agency determines that the
     consolidated entity is a bona fide consolidated volunteer fire
     company, it shall reduce the interest rate payable on any
     outstanding principal balance owed to the Volunteer Companies
     Loan Fund for loans made under the Volunteer Fire Company,
     Ambulance Service and Rescue Squad Assistance Act for which the
     consolidating companies or the consolidated entity may be
     individually or jointly responsible. The agency may promulgate
     such rules and regulations as may be necessary to carry out the
     provisions of this section.
                                CHAPTER 5
                VOLUNTEER AMBULANCE SERVICE GRANT PROGRAM
     Section 501.  Establishment.
        The Volunteer Ambulance Service Grant Program is hereby
     established and shall be administered by the agency. Grants
     provided under this program shall be used to improve and enhance
     the capabilities of the volunteer ambulance services to provide
     ambulance, emergency medical, basic life support and advanced
     life support services.
        Section 502.  Guidelines and procedures. (502 repealed June
     28, 2007, P.L.36 , No.10)
     Section 502.1.  Publication and notice.
        The agency shall publish notice of the grant program
     availability through the Legislative Reference Bureau for
     publication in the Pennsylvania Bulletin:
            (1)  within 30 days of the effective date of this section
        for the fiscal years beginning July 1, 2006, and July 1,
        2007; and
            (2)  by August 8 for fiscal years beginning after June
        30, 2008.
        (502.1 added June 28, 2007, P.L.36, No.10)
     Section 503.  Award of grants.
        (a)  Authorization.--The agency is hereby authorized to make
     a grant award to each eligible volunteer ambulance service for
     the following:
            (1)  Construction and/or renovation of the volunteer
        ambulance service's facility and purchase or repair of
        fixtures, furnishings, office equipment and support services
        necessary to maintain or improve the capability of the
        ambulance service to provide ambulance, emergency medical,
        basic life support and advanced life support services.
            (2)  Repair of ambulance equipment or purchase thereof.
            (3)  Debt reduction associated with paragraph (1) or (2).
            (4)  Training and certification of members.
        (b)  Limits.--
            (1)  Grants shall be not less than $2,500 and not more
        than $10,000 per volunteer ambulance service.
            (2)  Grants may be awarded on a pro rata basis if the
        total dollar amount of approved applications exceeds the
        amount of funds appropriated by the General Assembly for this
        purpose.
            (3)  If two or more volunteer ambulance services
        consolidated their use of equipment, personnel and services
        within five years preceding the date of the current year
        application submission deadline, the consolidated entity
        shall be deemed eligible to receive a grant not to exceed the
        amount of the combined total for which the individual
        companies would have been eligible had they not consolidated.
        (c)  Time for filing application and department action.--
            (1)  Within 30 days of the effective date of this
        paragraph for the fiscal years commencing July 1, 2006, and
        July 1, 2007, and by September 1 of each year thereafter, the
        agency shall provide written instructions for grants under
        this act to the president of every volunteer ambulance
        service in this Commonwealth.
            (2)  Within 45 days of the effective date of this
        paragraph for the fiscal years commencing July 1, 2006, and
        July 1, 2007, and by September 8 of each year, the agency
        shall provide applications to the president of every
        volunteer ambulance service. The application for the fiscal
        years commencing July 1, 2006, and July 1, 2007, shall be a
        combined application. Volunteer ambulance services seeking
        grants under this act shall submit completed applications to
        the agency. The 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 agency within 60 days after the close
        of the application period each year shall be deemed approved.
        (503 amended June 28, 2007, P.L.  , No.10)
                                CHAPTER 7
                         GRANT FUNDING PROVISIONS
     Section 701.  Volunteer Fire Company Grant Program.
        The sum of $22,000,000 of the amount appropriated to the
     agency for volunteer company grants under section 225 of the act
     of March 20, 2003 (P.L.463, No.1A), known as the General
     Appropriation Act of 2003, shall be expended for the purpose of
     making grants to eligible volunteer fire companies pursuant to
     Chapter 3.
     Section 702.  Volunteer Ambulance Service Grant Program.
        The sum of $3,000,000 of the amount appropriated to the
     agency for volunteer company grants under section 225 of the act
     of March 20, 2003 (P.L.463, No.1A), known as the General
     Appropriation Act of 2003, shall be expended for the purpose of
     making grants to eligible volunteer ambulance companies pursuant
     to Chapter 5.
     Section 703.  Allocation of appropriated funds.
        (a)  Prohibition.--No moneys from the appropriation for
     volunteer company grants shall be used for expenses or costs
     incurred by the agency for the administration of the grant
     programs authorized under Chapters 3 and 5.
        (b)  Grant allocation.--Unless otherwise expressly stated,
     moneys appropriated to the agency for purposes of volunteer
     company grants shall be allocated as follows:
            (1)  88% of the amount appropriated shall be used for
        making grants to eligible volunteer fire companies under
        Chapter 3.
            (2)  12% of the amount appropriated shall be used for
        making grants to eligible volunteer ambulance companies under
        Chapter 5.
        (703 amended July 15, 2004, P.L.712 , No.80)
                                CHAPTER 9
                         MISCELLANEOUS PROVISIONS
     Section 901.  Expiration of authority.
        The authority of the agency to award grants under Chapters 3
     and 5 shall expire June 30, 2012.
        (901 amended June 28, 2007, P.L.36, No.10)
     Section 901.1.  Special provisions.
        (a)  Claim.--An applicant for a grant under this act 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 act
     who is delinquent in loan payments to the Pennsylvania Volunteer
     Loan Assistance Program established 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, shall agree
     to use its grant funds to pay any arrears to the Commonwealth or
     it will not be qualified to receive a grant. Any organization
     agreeing to this arrangement who fails to make the payment to
     the Commonwealth shall be disqualified from applying to the
     grant program for a period of three years.
        (c)  Demonstration.--An applicant for a grant under this act
     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
     303(a) or 503(a).
        (901.1 added June 28, 2007, P.L.36, No.10)
     Section 902. "Declaration". (902 deleted by amendment July 15,
        2004, P.L.712 , No.80.)
     Section 903.  Effective date.
        This act shall take effect July 1, 2003, or immediately,
     whichever is later.

                                 APPENDIX

                                 -------
             Supplementary Provisions of Amendatory Statutes
                                 -------

                       2007, JUNE 28, P.L.36, NO.10

        Section 8.1.  Notwithstanding the provisions of section 1720-
     C(c) of the act of April 9, 1929 (P.L.343, No.176), known as The
     Fiscal Code, moneys appropriated to the Volunteer Fire Company
     Grant Program by section 1720-C(c) of The Fiscal Code shall be
     utilized for payment of grants under Chapters 3 and 5.
        Compiler's Note:  Act 10 amended, added or repealed sections
            102, 302, 302.1, 303, 502, 502.1, 503, 901 and 901.1 of
            Act 17.
        Section 8.2.  For the fiscal year commencing July 1, 2006,
     payments of grants shall commence on or after December 14, 2007.
     For the fiscal year commencing July 1, 2007, payments of grants
     shall commence on or after January 15, 2008.
        Section 9.  The Legislative Budget and Finance Committee
     shall conduct a performance review of the program authorized by
     this act and shall submit its evaluation of and recommendations
     regarding the program to the General Assembly no later than
     February 28, 2012.

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