35 Pa. C.S. § 7389

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 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.

35 Pa.C.S. § 7389

Added by P.L. TBD 2022 No. 104, § 4, eff. 11/3/2022.