SB 138 — An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, 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.

PRINTER'S NO.   84

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 138
                                               Session of
                                                 2025

     INTRODUCED BY MASTRIANO, COSTA, FONTANA, PENNYCUICK AND STEFANO,
        JANUARY 22, 2025

     REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
        JANUARY 22, 2025


                                    AN ACT
 1   Amending Title 35 (Health and Safety) of the Pennsylvania
 2      Consolidated Statutes, in incentives for municipal volunteers
 3      of fire companies and nonprofit emergency medical services
 4      agencies, further providing for definitions, for volunteer
 5      service credit program, for service record, for certification
 6      and for duties of State Fire Commissioner.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    The definitions of "active volunteer" and
10   "volunteer" in section 79A03 of Title 35 of the Pennsylvania
11   Consolidated Statutes are amended and the section is amended by
12   adding a definition to read:
13   § 79A03.   Definitions.
14      The following words and phrases when used in this chapter
15   shall have the meanings given to them in this section unless the
16   context clearly indicates otherwise:
17      "Active volunteer."    A volunteer for a volunteer fire company
18   [or], nonprofit emergency medical services agency or volunteer
19   HAZMAT Team who has complied with the requirements of the
 1   volunteer service credit program and who is certified under
 2   section 79A23 (relating to certification).
 3      * * *
 4      "HAZMAT Team."     As the term "certified hazardous material
 5   response team" is defined in section 103 of the act of December
 6   7, 1990 (P.L.639, No.165), known as the Hazardous Material
 7   Emergency Planning and Response Act.
 8      * * *
 9      "Volunteer."     A member of a volunteer fire company [or], a
10   nonprofit emergency medical services agency or a volunteer
11   HAZMAT Team.
12      * * *
13      Section 2.     Sections 79A21, 79A22, 79A23(a) and (c) and
14   79A33(1) of Title 35 are amended to read:
15   § 79A21.    Volunteer service credit program.
16      (a)     Establishment.--The governing body may establish a
17   volunteer service credit program that establishes the annual
18   requirements for the certification of a volunteer in active
19   service at a volunteer fire company [or], a nonprofit emergency
20   medical services agency or a volunteer HAZMAT Team.
21      (b)     Activities.--The volunteer service credit program shall
22   consider the following activities in determining credit toward a
23   certification of active service:
24            (1)   The number of emergency calls to which a volunteer
25      responds.
26            (2)   The level of training and participation in formal
27      training and drills for a volunteer.
28            (3)   The total amount of time expended by a volunteer on
29      administrative and other support services, including
30      fundraising and facility or equipment maintenance.

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 1            (4)   The involvement in other events or projects that aid
 2      the financial viability, emergency response or operational
 3      readiness of a volunteer fire company [or], a nonprofit
 4      emergency medical services agency or a volunteer HAZMAT Team.
 5      (c)     Guidelines.--The governing body shall, with the advice
 6   of the chief of a volunteer fire company and the supervisor or
 7   chief of a nonprofit emergency medical services agency or the
 8   head of the volunteer HAZMAT Team or their designees, adopt
 9   guidelines, including forms and applications, necessary to
10   implement this section.
11      (d)     Eligibility list.--A notarized list of eligible active
12   volunteers shall be submitted to the governing body, no later
13   than 45 days before tax notices are to be distributed, by the
14   following:
15            (1)   The chief of a volunteer fire company, where
16      applicable.
17            (2)   The supervisor or chief of a nonprofit emergency
18      medical services agency, where applicable.
19            (3)   The head of a volunteer HAZMAT Team.
20      (e)     Exclusion.--An eligible active volunteer may only
21   receive a tax credit under this subchapter once for each
22   governing body.
23      (f)     HAZMAT.--In order to receive a tax credit under this
24   section, an eligible active volunteer of a volunteer HAZMAT team
25   must do all of the following:
26            (1)   Maintain HAZMAT Operations or a Technician
27      certificate.
28            (2)   Attend a minimum of four HAZMAT drills or exercises
29      per year.
30   § 79A22.    Service record.

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 1      (a)     Log.--The chief of a volunteer fire company [or], the
 2   supervisor or chief of a nonprofit emergency medical services
 3   agency or the head of the volunteer HAZMAT Team or their
 4   designees shall establish and maintain a service log that
 5   documents the activities of each volunteer that qualify for
 6   credit toward active service under the volunteer service credit
 7   program and the calculation of the total credits earned for each
 8   volunteer in the volunteer fire company [or], nonprofit
 9   emergency medical services agency or volunteer HAZMAT Team.
10      (b)     Review.--Service logs established and maintained by
11   volunteer fire companies [or], nonprofit emergency medical
12   services agencies or volunteer HAZMAT Teams shall be subject to
13   periodic review by the commissioner, the Auditor General, the
14   governing body where the volunteer fire company [or], nonprofit
15   emergency medical services agency or volunteer HAZMAT Team is
16   located and the governing body where the volunteer fire company
17   [or], nonprofit emergency medical services agency or volunteer
18   HAZMAT Team provides services.
19   § 79A23.    Certification.
20      (a)     Self-certification.--The active volunteer shall sign and
21   submit an application for certification to the chief of the
22   volunteer fire company [or], the supervisor or chief of the
23   nonprofit emergency medical services agency or head of the
24   volunteer HAZMAT Team where the volunteer serves.
25      * * *
26      (c)     Local sign-off.--The chief and another officer of the
27   volunteer fire company [and], the supervisor or chief and
28   another officer of the nonprofit emergency medical services
29   agency and the head of the volunteer HAZMAT Team shall sign the
30   application attesting to the individual's status as an active

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 1   volunteer or that the individual can no longer serve as an
 2   active volunteer due to injury. The application shall then be
 3   forwarded to the municipality, as appropriate, for final review
 4   and processing.
 5   § 79A33.   Duties of State Fire Commissioner.
 6      The State Fire Commissioner shall:
 7          (1)   Establish guidelines for municipalities, volunteer
 8      fire companies [and], nonprofit EMS agencies and volunteer
 9      HAZMAT Teams regarding the tax credit and post the guidelines
10      online.
11          * * *
12      Section 3.     This act shall take effect in 60 days.




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