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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
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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:
§ 79A03. 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 fire company
[or], nonprofit emergency medical services agency or volunteer
HAZMAT Team who has complied with the requirements of the
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volunteer service credit program and who is certified under
section 79A23 (relating to certification).
* * *
"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.
* * *
"Volunteer." A member of a volunteer fire company [or], a
nonprofit emergency medical services agency or a volunteer
HAZMAT Team.
* * *
Section 2. 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
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.
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(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.
(c) Guidelines.--The governing body shall, with the advice
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
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.
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(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.
* * *
(c) Local sign-off.--The chief and another officer of the
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
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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.
* * *
Section 3. This act shall take effect in 60 days.
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