Pennsylvania Consolidated & Unconsolidated Statutes
Act 104 - HEALTH AND SAFETY (35 PA.C.S.) - OMNIBUS AMENDMENTS

Session of 2022
No. 2022-104
 
HB 397
 
AN ACT
 
Amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in
Nonprofit Security Grant Fund, further providing for Nonprofit Security Grant Fund
and for expiration; in Commonwealth services, further providing for State Fire Commissioner
and for curriculum and training and providing for capital grants for municipal fire
departments, for capital grants for emergency service training centers, for money
for online training for firefighters and for money for reimbursement to Pennsylvania
bomb squads; in volunteer firefighters, further providing for fire relief formula
study; in grants to fire companies and emergency medical services companies, further
providing for award of grants for volunteer fire companies and for award of grants
for emergency medical services companies; in incentives for municipal volunteers of
fire companies and nonprofit emergency medical services agencies, further providing
for rejection and appeal; in emergency medical services, providing for tuition and
loan assistance for active volunteers and establishing the Active Volunteer Tuition
and Loan Assistance Program and the Active Volunteer Tuition and Loan Assistance Program
Fund; in emergency medical services system, providing for scholarships for recruitment,
training and retention; and establishing the EMS Training Fund.

 
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
 
Section 1.  Sections 5602(f) and 5604 of Title 35 of the Pennsylvania Consolidated Statutes are
amended to read:

§ 5602.  Nonprofit Security Grant Fund.
* * *
(f)  Lapse of funds.--All unexpended and unencumbered funds remaining in the fund as of
July 1, [2024] 2029, shall lapse and be transferred to the General Fund.

§ 5604.  Expiration.
This chapter shall expire July 1, [2024] 2029.

Section 2.  Section 7383 of Title 35 is amended by adding a subsection to read:
§ 7383.  State Fire Commissioner.
* * *
(d)  Fireworks safety education.--Money transferred under 3 Pa.C.S. § 1113(a)(7) (relating
to disposition of certain funds) shall be used by the commissioner for a public safety
campaign on the precautions that should be taken when using fireworks. The commissioner
may use up to $50,000 of the money transferred for administrative costs.

Section 3.  Section 7383.1 of Title 35 is amended to read:
§ 7383.1.  Curriculum [and], training and education certification management system.
(a)  Duty to establish guidelines.--The commissioner shall establish guidelines for the
development, delivery and maintenance of [a system of] fire and emergency services
training and an education certification management system.
(b)  Training.--Training shall be lecture-based, hands on or online. Training may be conducted
at the Pennsylvania State Fire Academy, a county training center, a community college[,
a local fire station or other appropriate area] or other approved educational training agency. The training records shall be incorporated into the [Train PA system or any other system]  training and education certification management system approved by the commissioner.

(c)  Certificate of completion.--The commissioner shall provide a certificate of completion
to an individual who successfully completes a fire or emergency services training
program. The training and education certification management system shall include a method by which the trainee can download and print the certificate.
[(d)  Publication.--The commissioner shall post a complete listing of the available fire
and emergency services training courses on the office's publicly accessible Internet
website.]

(e)  Accessibility.--The commissioner shall facilitate access to each available fire and
emergency services training course through a publicly accessible Internet website
or portal. The Internet website or portal shall record firefighter training and certification.
The commissioner shall establish and maintain or participate in an existing electronic
database or portal that meets all of the following criteria:

(1)  Allows for user registration for an individual trainee or an accredited provider.
(2)  Allows a user to register for courses offered through the database or portal and in
any other format authorized under this section.

(3)  Establishes a course completion transcript and certificate for a registered user.
(4)  Facilitates communication and access to training materials between an accredited provider
and a registered trainee using the database or portal.

(f)  Fees.--The commissioner may establish a fee of no more than $1 per course on the training
and education certification management system, which shall be used for administrative
costs within the Office of the State Fire Commissioner.

(g)  Annual reports.--
(1)  The commissioner shall prepare an annual report on the training and education certification management system.
The report shall include all of the following information:
(i)  The total number of firefighters in the system, delineated between paid and volunteer
firefighter.

(ii)  The number of firefighters under subparagraph (i) who took a course on the system
during the previous year.

(iii)  The number of firefighters under subparagraph (i) who are certified as Firefighter
1, Firefighter 2, Fire Instructor 1 or Fire Officer 1.

(iv)  A summary of courses that were taken by firefighters under subparagraph (i).
(v)  A summary of how the funds under this section were expended.
(2)  The commissioner shall submit the annual report under paragraph (1) no later than
October 1, 2023, and by October 1 of each year thereafter, to all of the following:

(i)  The chair and minority chair of the Veterans Affairs and Emergency Preparedness Committee
of the Senate.

(ii)  The chair and minority chair of the Veterans Affairs and Emergency Preparedness Committee
of the House of Representatives.

(3)  The commissioner shall post the annual report under paragraph (1) on the Office of
the State Fire Commissioner's publicly accessible Internet website.

Section 4.  Title 35 is amended by adding sections to read:
§ 7385.1.  Capital grants for municipal fire departments.
(a)  Source.--Money transferred under 3 Pa.C.S. § 1113(a)(6) (relating to disposition of
certain funds) shall be utilized by the commissioner to administer capital grants.

(b)  Recipients.--Municipal and combination fire departments recognized by the commissioner
under standards developed through rules and guidelines in consultation with the State
Fire Advisory Board may be recipients of grants under subsection (a) upon application.

(c)  Purposes.--Capital grants administered to recipients under this section shall be used
to:

(1)  Establish or modernize facilities that house firefighting equipment, ambulances or
rescue vehicles.

(2)  Acquire or renovate existing structures to house firefighting equipment, ambulances
or rescue vehicles or for the construction or modernization of facilities.

(3)  Repair or purchase firefighting, ambulance or rescue equipment as necessary to provide
proper and adequate training.

(d)  Restrictions.--Capital grants administered under this section may not be used for:
(1)  Operating expenses.
(2)  Refinancing of renovated structures.
(3)  Refinancing the construction or modernization of facilities.
(4)  Apparatus equipment, communication equipment or accessory equipment.
(5)  Reduction of debt or other obligations issued prior to the effective date of this
section.

(e)  Applications.--The following apply:
(1)  Every application for a capital grant shall be accompanied by a notarized financial
statement of the entity making the application accompanied with information sufficient
to show need for the grant funding.

(2)  Applications shall be reviewed by the Application Review Committee utilizing criteria
established under subsection (b).

(f)  Amounts and criteria.--The following apply:
(1)  Capital grant amounts and the criteria for determining amounts shall be established
by the commissioner in consultation with the State Fire Advisory Board.

(2)  An entity may be awarded a capital grant, if available, for an approved project in
lieu of approved reimbursement payments or, if not available, shall receive payments
in the form of reimbursements.

(g)  Use.--Capital grants may be used in combination with the funding authorized under
section 7813(e) (relating to award of grants) if an applicant is officially proceeding
with an approved project evidenced by required documentation as determined by the
commissioner.

(h)  Administration.--The commissioner may use up to $50,000 of the funds available under
this section for administrative costs.

(i)  Annual reports.--
(1)  The commissioner shall prepare an annual report on the capital grants administered under this section. The report shall include all of the following information:
(i)  The total number of applications received for capital grants.
(ii)  The total number of applications approved and the amounts funded for each recipient.
(iii)  An analysis of how the grants were used by each recipient.
(2)  The commissioner shall submit the annual report under paragraph (1) no later than
October 1, 2023, and by October 1 of each year thereafter, to all of the following:

(i)  The chair and minority chair of the Veterans Affairs and Emergency Preparedness Committee
of the Senate.

(ii)  The chair and minority chair of the Veterans Affairs and Emergency Preparedness
Committee of the House of Representatives.

(3)  The commissioner shall post the annual report under paragraph (1) on the Office of
the State Fire Commissioner's publicly accessible Internet website.

§ 7385.2.  Capital grants for emergency service training centers.
(a)  Source.--Money transferred under 3 Pa.C.S. § 1113(a)(5) (relating to disposition of
certain funds) shall be utilized by the commissioner to administer capital grants.

(b)  Recipients.--Emergency services training centers, community colleges, county-owned
facilities, municipal or fire department-owned facilities or nonprofit countywide
associations recognized by the commissioner under standards developed through rules
and guidelines in consultation with the State Fire Advisory Board may be recipients
of grants under subsection (a) upon application. A privately owned facility shall
not be eligible for a grant under subsection (a).

(c)  Purposes.--Capital grants administered to recipients under this section shall be used
to:

(1)  Establish or modernize facilities that house firefighting equipment, ambulances or
rescue vehicles.

(2)  Acquire or renovate existing structures to house firefighting equipment, ambulances
or rescue vehicles or for the construction or modernization of facilities.

(3)  Repair or purchase firefighting, ambulance or rescue equipment as necessary to provide
proper and adequate training.

(d)  Restrictions.--Capital grants administered under this section may not be used for:
(1)  Operating expenses.
(2)  Refinancing of renovated structures.
(3)  Refinancing the construction or modernization of facilities.
(4)  Apparatus equipment, communication equipment or accessory equipment.
(5)  Reduction of debt or other obligations issued prior to the effective date of this
section.

(e)  Applications.--The following apply:
(1)  Every application for a capital grant shall be accompanied by a notarized financial
statement of the entity making the application accompanied with information sufficient
to show need for the grant funding.

(2)  Applications shall be reviewed by the Application Review Committee utilizing criteria
established under subsection (b).

(f)  Amounts and criteria.--The following apply:
(1)  Capital grant amounts and the criteria for determining amounts shall be established
by the commissioner in consultation with the State Fire Advisory Board.

(2)  An entity may be awarded a capital grant, if available, for an approved project in
lieu of approved reimbursement payments or, if not available, shall receive payments
in the form of reimbursements.

(g)  Use.--Capital grants may be used in combination with the funding authorized under
section 7813(e) (relating to award of grants) if an applicant is officially proceeding
with an approved project evidenced by required documentation as determined by the
commissioner.

(h)  Administration.--The commissioner may use up to $50,000 of the funds available under
this section for administrative costs.

(i)  Annual reports.--
(1)  The commissioner shall prepare an annual report on the capital grants administered under this section. The report shall include all of the following information:
(i)  The total number of applications received for capital grants.
(ii)  The total number of applications approved and the amounts funded for each recipient.
(iii)  An analysis of how the grants were used by each recipient.
(2)  The commissioner shall submit the annual report under paragraph (1) no later than
October 1, 2023, and by October 1 of each year thereafter, to all of the following:

(i)  The chair and minority chair of the Veterans Affairs and Emergency Preparedness Committee
of the Senate.

(ii)  The chair and minority chair of the Veterans Affairs and Emergency Preparedness Committee
of the House of Representatives.

(3)  The commissioner shall post the annual report under paragraph (1) on the Office of
the State Fire Commissioner's publicly accessible Internet website.

§ 7388.1.  Money for online training for firefighters.
Money transferred under 3 Pa.C.S. § 1113(a)(2) (relating to disposition of certain
funds) shall be utilized by the commissioner for the purposes under section 7388 (relating
to online training for firefighters).

§ 7389.  Money for reimbursement to Pennsylvania bomb squads.
(a)  Source.--Money transferred under 3 Pa.C.S. § 1113(a)(7.1) (relating to disposition of certain funds) shall be utilized by the commissioner to provide reimbursements to Pennsylvania bomb squads in accordance
with this section.
(b)  Recipients.--A Pennsylvania bomb squad accredited by the Federal Bureau of Investigation and certified in hazardous devices
training shall be eligible to receive a reimbursement under this section for costs associated with the removal, transportation, storage and destruction of
consumer fireworks, display fireworks or combustibles, including for any of the following:
(1)  Establishing, expanding or modernizing facilities that will store consumer fireworks, display fireworks or combustibles, including upfront costs for
safety and security improvements of the facilities.
(2)  The transportation of fireworks from the place of confiscation, to-and-from storage
facilities and to the place of destruction of consumer fireworks, display fireworks
or combustibles.

(3)  Personnel costs associated with the confiscation, transportation and destruction of
consumer fireworks, display fireworks or combustibles.

(4)  Equipment necessary for the removal, transportation, storage and destruction of consumer
fireworks, display fireworks or combustibles.

(5)  The destruction of consumer fireworks, display fireworks or combustibles.
(6)  Any other costs related to the removal, transportation, storage and destruction of
consumer fireworks, display fireworks or combustibles deemed appropriate by the commissioner.

(c)  Restrictions.--The commissioner shall only provide a reimbursement under this section when receipts are provided for the actual costs associated with the removal, transportation,
storage and destruction of consumer fireworks, display fireworks or combustibles and
either of the following apply:
(1)  The Pennsylvania bomb squad makes a good faith effort to recover any costs associated
with the removal, transportation, storage and destruction of consumer fireworks, display
fireworks or combustibles under 3 Pa.C.S. § 1115(b) (relating to removal, storage
and destruction) from the owner of the consumer fireworks and is unable to recover
the full or partial amount of the costs.

(2)  The costs are associated with the establishment, expansion or modernization of facilities
that will store consumer fireworks, display fireworks or combustibles.

(d)  Applications.--The commissioner shall develop an application form for the request
for reimbursements under this section.

(e)  Amounts and criteria.--Reimbursement amounts for actual costs and the criteria for
determining the amounts under this section shall be established by the commissioner.

(f)  Administration.--The commissioner may use up to 3% of the money transferred under
3 Pa.C.S. § 1113(a)(7.1) for administrative costs under this section.

(g)  Annual report.--
(1)  The commissioner shall prepare an annual report on the reimbursements provided under
this section. The report shall include all of the following information:

(i)  The total number of applications received.
(ii)  The total number of applications approved and the amounts funded for each recipient.
(iii)  An analysis of how the funds were used by each recipient.
(2)  The commissioner shall submit the annual report under paragraph (1) no later than
October 1, 2023, and by October 1 of each year thereafter, to all of the following:

(i)  The chair and minority chair of the Veterans Affairs and Emergency Preparedness Committee
of the Senate.

(ii)  The chair and minority chair of the Veterans Affairs and Emergency Preparedness Committee
of the House of Representatives.

(3)  The commissioner shall post the annual report under paragraph (1) on the Office of
the State Fire Commissioner's publicly accessible Internet website.

Section 5.  Section 7419.1(a)(6) introductory paragraph of Title 35 is amended to read:
§ 7419.1.  Fire relief formula study.
(a)  Study.--The State Fire Advisory Board shall have the following duties:
* * *
(6)  No later than [November 30, 2022] December 31, 2023, issue a report on the board's findings and recommendations regarding the fire relief
funding formula and fire relief services to all of the following:

* * *
Section 6.  Sections 7813(b)(1) and (3) and 7823(b)(1) and (3) of Title 35 are amended and the
subsections are amended by adding paragraphs to read:

§ 7813.  Award of grants.
* * *
(b)  Limits.--
(1)  Except as provided in paragraph (3), grants shall be not less than $2,500 and not
more than [$15,000] $20,000 per fire company.

* * *
(3)  In a municipality where there are two or more volunteer fire companies and if two
or more volunteer fire companies consolidated their use of equipment, firefighters
and services within [10] 20 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.

* * *
(5)  In a municipality where one volunteer fire company and one EMS company consolidate
their use of equipment, personnel and services within 20 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.

* * *
§ 7823.  Award of grants.
* * *
(b)  Limits.--
(1)  Grants shall be not less than $2,500 and not more than [$10,000] $15,000 per EMS company.
* * *
(3)  If two or more EMS companies consolidated their use of equipment, personnel and services
within [10] 20 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.

(4)  In a municipality where one volunteer fire company and one EMS company consolidate
their use of equipment, personnel and services within 20 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.

* * *
Section 7.  Section 79A24(a) of Title 35 is amended to read:
§ 79A24.  Rejection and appeal.
(a)  General rule.--A governing body that establishes a tax credit under this chapter shall
adopt, by ordinance or resolution, a process for rejecting a claim by an active volunteer who does not satisfy all
of the criteria established under this chapter for each type of tax credit provided
under this chapter.

* * *
Section 8.  Title 35 is amended by adding a chapter to read:
CHAPTER 79B
TUITION AND LOAN ASSISTANCE FOR ACTIVE VOLUNTEERS
Subchapter
A.  Preliminary Provisions
B.  Active Volunteer Tuition and Loan Assistance Program
SUBCHAPTER A
PRELIMINARY PROVISIONS
Sec.
79B01.  Definitions.
§ 79B01.  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:

"Active volunteer."  A volunteer for a volunteer organization who satisfies the eligibility criteria under
section 79B12(a) (relating to eligibility), receives a certificate of eligibility
and complies with the requirements of the program.

"Agency."  The Pennsylvania Higher Education Assistance Agency.
"Approved institution of higher learning."  An educational institution offering a postsecondary program of education located in
this Commonwealth and approved by the agency.

"Approved program of education."  A degree-granting or certificate-granting curriculum, course of study or training
program required for entrance into a specific career to be pursued on a full-time
or part-time basis or its equivalent as determined by the agency, at an approved institution
of higher learning.

"Certificate of eligibility."  A certificate issued by the agency under section 79B12(b) that certifies that an active
volunteer satisfies the eligibility criteria under section 79B12(a).

"Emergency medical services agency."  As defined in section 8103 (relating to definitions).
"Fund."  The Active Volunteer Tuition and Loan Assistance Program Fund established under section
79B21(a) (relating to Active Volunteer Tuition and Loan Assistance Program Fund).

"Program."  The Active Volunteer Tuition and Loan Assistance Program established under section
79B11 (relating to establishment).

"Qualified applicant."  An active volunteer who qualifies for tuition or loan assistance under Subchapter
B (relating to Active Volunteer Tuition and Loan Assistance Program).

"Tuition or loan assistance."  Reimbursement provided by the agency for tuition or loans under the program or in
a form of loan forgiveness.

"Volunteer fire company."  A nonprofit chartered corporation, association or organization located in this Commonwealth
that provides fire protection services and may offer other voluntary emergency services
within this Commonwealth.

"Volunteer organization."  A volunteer fire company or emergency medical services agency.
SUBCHAPTER B
ACTIVE VOLUNTEER TUITION AND LOAN ASSISTANCE PROGRAM
Sec.
79B11.  Establishment.
79B12.  Eligibility.
79B13.  Tuition or loan assistance.
79B14.  Promissory note.
79B15.  Amount of tuition or loan payments.
79B16.  Limitation on tuition or loan assistance.
79B17.  Recoupment of tuition or loan assistance payments.
79B18.  Service records.
79B19.  Verification of active volunteer status.
79B20.  Administrative costs.
79B21.  Active Volunteer Tuition and Loan Assistance Program Fund.
79B22.  Regulations.
§ 79B11.  Establishment.
The Active Volunteer Tuition and Loan Assistance Program is established within the
agency to provide tuition or loan assistance to active volunteers with volunteer organizations
who are students at approved institutions of higher learning.

§ 79B12.  Eligibility.
(a)  Criteria.--Upon submitting an application to participate in the program in accordance with the agency's regulations, rules or guidelines under section 79B22 (relating to regulations), an individual shall be eligible to receive tuition or loan assistance if the individual satisfies all of the following eligibility criteria:
(1)  Is a resident of this Commonwealth.
(2)  Is an active volunteer.
(3)  Has participated in not less than 30% or, if the individual was enrolled as a student
in a high school or in an approved program of education at an approved institution
of higher learning within the one-year period before the individual submitted an application
to the agency for tuition or loan assistance, not less than 15% of a volunteer organization's
activities within the one-year period before the individual submitted an application
to the agency for tuition or loan assistance. The activities may include, but not
be limited to, training, drills, emergency response calls, administrative and operational
support, fundraising or other events and projects that aid the financial viability
of the volunteer organization.

(4)  Has enrolled as a student in an approved program of education at an approved institution
of higher learning after the effective date of this section.

(5)  Accepts an obligation to serve as an active volunteer with a volunteer organization
for at least one year prior to enrolling in an approved program of education and at
least five years after completing an approved program of education.

(6)  Has signed a promissory note obligating the individual to repay the full amount of
tuition or loan assistance received by the individual if the individual fails to satisfy
the requirements under the program.

(7)  Is in good standing with the volunteer organization for which the individual is an
active volunteer.

(b)  Certificate.--The agency shall issue a certificate of eligibility to an individual
who satisfies the eligibility criteria under subsection (a).

§ 79B13.  Tuition or loan assistance.
From money appropriated for the program, tuition or loan assistance shall be provided
to eligible students to pursue approved programs of education on or after the effective
date of this section.

§ 79B14.  Promissory note.
Before participating in the program, an individual must sign a promissory note obligating
the individual to repay the full amount of the tuition or loan assistance received
by the individual if the individual fails to satisfy the requirements under the program
as specified under section 79B17 (relating to recoupment of tuition or loan assistance
payments).

§ 79B15.  Amount of tuition or loan payments.
(a)  Full-time students.--Payments of tuition or loan assistance to a full-time student
shall be $1,000 per academic year.

(b)  Part-time students.--Payments of tuition or loan assistance to a part-time student
shall not exceed $500 for an academic year.

(c)  First come, first served.--Tuition or loan assistance shall be granted on a first-come,
first-served basis.

§ 79B16.  Limitation on tuition or loan assistance.
An eligible student may not receive tuition or loan assistance for a total of more than five academic years or an equivalent amount of time as determined by the agency. Tuition or loan assistance must be used within seven years of graduation.
§ 79B17.  Recoupment of tuition or loan assistance payments.
(a)  Noncompliance.--An individual who fails to satisfy the requirements under the program
shall be liable to the Commonwealth for the full amount of tuition or loan assistance
received by the individual, unless the failure and inability to do so is a result
of an injury while responding to an emergency as an active volunteer that prevents
the individual from complying with the requirements under the program. The promissory
note under section 79B14 (relating to promissory note) shall be repaid by the individual
upon demand by the agency on a schedule as the agency may determine.

(b)  Notice.--A volunteer organization shall notify the agency if an active volunteer fails to satisfy the volunteer requirements under the program.
§ 79B18.  Service records.
(a)  Logs.--For the purpose of ensuring compliance with the requirements under the program,
the chief of a volunteer fire company or the supervisor or chief of an emergency medical services agency or their designees shall establish and maintain a service log that documents the services provided by an active volunteer participating in the program, including
a calculation of the amount of time the active volunteer conducts activities with
the volunteer organization.
(b)  Review.--Service logs under subsection (a) shall be subject to periodic review by
the agency and the Department of the Auditor General for the purpose of ensuring compliance
with the requirements under this subchapter.

§ 79B19.  Verification of active volunteer status.
(a)  Self-certification.--An individual shall sign and submit an application to the chief
of a volunteer fire company or the supervisor or chief of the emergency medical services
agency to attest that the individual is an active volunteer.

(b)  Injured volunteer.--Notwithstanding the volunteer  requirements under the program, an individual who was injured while responding to
an emergency as an active volunteer who can no longer serve as an active volunteer
because of the injury and who would otherwise be eligible for the program shall be
eligible to participate in the program for five years from the date of the injury
if able to do so or under subsection (a) or (b), as appropriate.

(c)  Local sign-off.--The chief and another officer of the volunteer fire company and the
supervisor or chief and another officer of the emergency medical services agency shall
sign the application attesting that the individual is an active volunteer under subsection
(a) or that the individual can no longer serve as an active volunteer due to injury
under subsection (b). The application shall then be forwarded to the agency for final
review and processing.

§ 79B20.  Administrative costs.
The administrative costs of the program for the fiscal year beginning July 1, 2022,
and each fiscal year thereafter shall not exceed 3.5% of the total amount of money
appropriated to the agency to implement the program.

§ 79B21.  Active Volunteer Tuition and Loan Assistance Program Fund.
(a)  Establishment.--The Active Volunteer Tuition and Loan Assistance Program Fund is established
as a nonlapsing restricted receipts account in the State Treasury in accordance with
the money transferred under 3 Pa.C.S. § 1113(a)(3) (relating to disposition of certain
funds).

(b)  Appropriation.--Money deposited or transferred into the fund, including any accrued
interest, is appropriated to the agency on a continuing basis to implement the program.

(c)  Administrative actions.--An administrative action may not prevent the deposit or transfer
of money into the fund.

(d)  Use.--Money in the fund may only be used to implement the program. Money in the fund
may not be diverted for any other purpose by administrative action.

§ 79B22.  Regulations.
The agency shall promulgate regulations and establish rules or guidelines to administer
this subchapter.

Section 9.  Title 35 is amended by adding a section to read:
§ 8112.1.  Scholarships for recruitment, training and retention.
(a)  Utilization.--Except as provided under subsection (d), money transferred under 3 Pa.C.S.
§ 1113(a)(4) (relating to disposition of certain funds) shall be utilized by the department's
Bureau of Emergency Medical Services to:

(1)  Issue scholarships to EMS providers who complete EMS training provided by an approved
entity under section 8105(b)(6) (relating to duties of department).

(2)  Reimburse EMS agencies for recruitment and retention costs, which are to be determined
by the department's Bureau of Emergency Medical Services.

(3)  Make available a pilot program for high school students with instruction through partnerships
between institutions of higher education in this Commonwealth and school entities
or nonpublic schools, or both, to increase the number of individuals capable of becoming
EMS providers. The pilot program shall be conducted in accordance with section 7 of
the act of October 24, 2012 (P.L.1209, No.151), known as the Child Labor Act. The
following shall apply:

(i)  The Bureau of Emergency Medical Services of the Department of Health shall accept proposals from institutions of higher education in this Commonwealth for the pilot program. From the proposals submitted, the Bureau of Emergency Medical Services of the Department of Health shall select three institutions of higher education to offer a pilot program. The Bureau of Emergency Medical Services of the Department of Health, to the greatest extent practicable, shall select one institution of higher education from each eastern, central and western region of this Commonwealth. Nothing in this paragraph shall be construed to prohibit an institution of higher education from incorporating fire instruction into the pilot program.
(ii)  An institution of higher education selected by the Bureau of Emergency Medical Services of the Department of Health under subparagraph (i) shall operate the pilot program by entering into an agreement with a school entity or nonpublic school, or both, for the provision of instruction to students who are in at least the ninth grade.
(iii)  The EMS Training Fund is established in the State Treasury. The Bureau of Emergency Medical Services of the Department of Health may accept monetary donations and other money for deposit into the EMS Training Fund from a person, business, foundation, tax-exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) or government entity on behalf of the Commonwealth.
(iv)  The Bureau of Emergency Medical Services of the Department of Health shall disburse no less than $50,000 from the EMS Training Fund to each institution of higher education operating the pilot program for each year of the pilot program. After the fourth year of operation of the pilot program, the Bureau of Emergency Medical Services of the Department of Health may not disburse money from the EMS Training Fund.
(v)  The State Treasurer shall transfer any money appropriated, transferred or donated
for the pilot program into the EMS Training Fund, and interest earned on the money
in the EMS Training Fund shall remain in the EMS Training Fund.

(b)  Application.--An individual shall submit an application for a scholarship to the department
on a form approved by the department.

(c)  Form.--The scholarships shall be in the form of:
(1)  Reimbursement to EMS providers who obtain certification upon successful completion
of EMS training by an approved provider.

(2)  Reimbursement to an EMS agency for recruitment and retention costs, which are to be
determined by the department's Bureau of Emergency Medical Services.

(d)  Administrative costs.--No more than $50,000 of the money transferred under 3 Pa.C.S.
§ 1113(a)(4) may be used by the Bureau of Emergency Medical Services for administrative
costs.

(e)  Annual reports.--
(1)  The Bureau of Emergency Medical Services of the Department of Health shall prepare an annual report on the scholarships under subsection (a)(1) and the pilot program under subsection (a)(3). The report shall include all of the following information:
(i)  The total number of scholarship applications received.
(ii)  The total number of scholarship applications approved and the amounts funded for each
recipient.

(iii)  An analysis of the classes taken and the levels of education obtained through the
scholarships.

(iv)  The number of applications received for the pilot program.
(v)  The applications approved for the pilot program.
(vi)  The number of high school students served by the pilot program.
(2)  The Bureau of Emergency Medical Services of the Department of Health shall submit the annual report under paragraph (1) no later than October 1, 2023, and by October 1 of each year thereafter, to all of the following:
(i)  The chair and minority chair of the Veterans Affairs and Emergency Preparedness Committee
of the Senate.

(ii)  The chair and minority chair of the Veterans Affairs and Emergency Preparedness Committee
of the House of Representatives.

(3)  The Secretary of Health shall post the annual report under paragraph (1) on the department's
publicly accessible Internet website.

Section 10.  This act shall take effect as follows:
(1)  The amendment of 35 Pa.C.S. §§ 7813(b)(3) and 7823(b)(3) shall take effect in 60 days.
(2)  The remainder of this act shall take effect immediately.
 
APPROVED--The 3rd day of November, A.D. 2022.
 
TOM WOLF

Structure Pennsylvania Consolidated & Unconsolidated Statutes