LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06838-R01- HB.docx 1 of 12 General Assembly Substitute Bill No. 6838 January Session, 2023 AN ACT ESTABLISHING A DIVISION OF FIRE SERVICES ADMINISTRATION WITHIN THE DEPARTMENT OF EMERGENCY SERVICES AND PUBLIC PROTECTION, REVISING THE POWERS AND DUTIES OF THE COMMISSION ON FIRE PREVENTION AND CONTROL AND REQUIRING A STUDY OF THE FIRE SERVICE IN THE STATE. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 29-1b of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective October 1, 2023): 2 (a) There shall be within the Department of Emergency Services and 3 Public Protection a Division of State Police. The Commissioner of 4 Emergency Services and Public Protection shall serve as administrative 5 head and commanding officer of the State Police Division. As 6 administrative head, said commanding officer of the Division of State 7 Police shall delegate said commanding officer's jurisdiction of the affairs 8 of the Division of State Police to a deputy commissioner who shall have 9 the powers and privileges conferred by statute upon a state policeman. 10 (b) There shall be within said department a Division of Emergency 11 Management and Homeland Security. The commissioner shall serve as 12 administrative head of said division. As administrative head, said 13 commissioner shall delegate said commissioner's jurisdiction of the 14 Division of Emergency Management and Homeland Security to a 15 Substitute Bill No. 6838 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06838- R01-HB.docx } 2 of 12 deputy commissioner. The deputy commissioner shall possess 16 professional training and knowledge consisting of not less than five 17 years of managerial or strategic planning experience in matters relating 18 to public safety, security, emergency services and emergency response. 19 No person possessing a record of any criminal, unlawful or unethical 20 conduct shall be eligible for or hold such position. Any person with any 21 present or past political activities or financial interests that may 22 substantially conflict with the duties of the deputy commissioner or 23 expose such person to potential undue influence or compromise such 24 person's ability to be entrusted with necessary state or federal security 25 clearances or information shall be deemed unqualified for such position 26 and shall not be eligible to hold such position. 27 (c) (1) There shall be within said department a Division of Fire 28 Services Administration. The commiss ioner shall serve as 29 administrative head of said division. As administrative head, said 30 commissioner shall delegate said commissioner's jurisdiction of the 31 Division of Fire Services Administration to a deputy commissioner. The 32 deputy commissioner shall possess professional training and 33 knowledge consisting of not less than five years of managerial or 34 strategic planning experience in matters relating to the fire services. 35 (2) The functions, powers, duties and personnel of the former Office 36 of State Fire Administrator shall be transferred to the Division of Fire 37 Services Administration pursuant to the provisions of sections 4-38d 38 and 4-39. 39 (3) The Division of Fire Services Administration shall constitute the 40 successor to the Office of State Fire Administrator in accordance with 41 the provisions of sections 4-38d, 4-38e and 4-39. Wherever the words 42 "State Fire Administrator" are used in the general statutes, the words 43 "Deputy Director of the Division of Fire Services Administration within 44 the Department of Emergency Services and Public Protection" shall be 45 substituted in lieu thereof. Wherever the words "Office of State Fire 46 Administrator" are used in the general statutes, the words "Division of 47 Fire Services Administration within the Department of Emergency 48 Substitute Bill No. 6838 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06838- R01-HB.docx } 3 of 12 Services and Public Protection" shall be substituted in lieu thereof. Any 49 order or regulation of the former Office of State Fire Administrator that 50 is in force on the effective date of this section shall continue in force and 51 effect as an order or regulation of the Division of Fire Services 52 Administration within the Department of Emergency Services and 53 Public Protection until amended, repealed or superseded pursuant to 54 law. 55 Sec. 2. Section 7-323l of the general statutes is repealed and the 56 following is substituted in lieu thereof (Effective October 1, 2023): 57 (a) The commission shall: 58 (1) Recommend minimum standards of education and physical 59 condition required of each candidate for any firefighter position; 60 (2) Establish standards for [a] fire service training and education 61 [program, on a voluntary basis] programs, and develop and conduct an 62 examination program to certify those fire service personnel who 63 satisfactorily demonstrate their ability to meet the requirements of the 64 fire service training and education program standards; 65 (3) Establish an optional fire service training and education program 66 in the handling of incidents, such as wandering, that involve juveniles 67 and adults with autism spectrum disorder, cognitive impairment or 68 nonverbal learning disorder, provided the curriculum for such 69 techniques is made available at no cost from (A) institutions of higher 70 education, health care professionals or advocacy organizations that are 71 concerned with juveniles and adults with autism spectrum disorder, 72 cognitive impairment or nonverbal learning disorder, or (B) 73 collaborations of such institutions, professionals or organizations; 74 (4) Conduct fire fighting training and education programs designed 75 to assist firefighters in developing and maintaining their skills and 76 keeping abreast of technological advances in fire suppression, fire 77 protection, fire prevention and related fields; 78 Substitute Bill No. 6838 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06838- R01-HB.docx } 4 of 12 (5) Recommend standards for promotion to the various ranks of fire 79 departments; 80 (6) Be authorized, with the approval of the Commissioner of 81 Emergency Services and Public Protection, to apply for, receive and 82 distribute any state, federal or private funds or contributions available 83 for training and education of fire fighting personnel; 84 (7) Recommend that the Commissioner of Emergency Services and 85 Public Protection approve or reject the establishment of, or, when 86 appropriate, suspend or revoke the approval of, regional fire schools in 87 accordance with section 7-323u; [and] 88 (8) Distribute any state, federal or private funds or contributions for 89 the daily operation of the state fire school and regional fire schools; 90 (9) Coordinate activities with the deputy commissioner of the 91 Division of State Fire Services Administration within the Department of 92 Emergency Services and Public Protection; 93 (10) Annually submit proposals for legislation to promote firefighter 94 training to the Commissioner of Emergency Services and Public 95 Protection and provide testimony to the General Assembly; and 96 [(8)] (11) Submit to the Governor, the [Joint Legislative Management 97 Committee of the General Assembly] joint standing committee of the 98 General Assembly having cognizance of matters relating to public safety 99 and security, in accordance with the provisions of section 11-4a, and the 100 Commissioner of Emergency Services and Public Protection an annual 101 report (A) relating to the activities, recommendations and 102 accomplishments of the commission, and (B) making recommendations 103 on the funding necessary for the operation of, the maintenance of and 104 capital improvements to the state fire school and regional fire schools. 105 (b) The commission may recommend, and the Commissioner of 106 Emergency Services and Public Protection may adopt, regulations in 107 accordance with the provisions of chapter 54 as necessary to implement 108 Substitute Bill No. 6838 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06838- R01-HB.docx } 5 of 12 the provisions of this section. 109 Sec. 3. Section 7-323n of the general statutes is repealed and the 110 following is substituted in lieu thereof (Effective October 1, 2023): 111 [There is established an Office of State Fire Administration, which 112 office] The Division of State Fire Services Administration within the 113 Department of Emergency Services and Public Protection shall: (a) 114 Carry out the provisions of this part; (b) administer the state's 115 responsibilities under federal laws relevant to fire service; (c) develop a 116 master plan for fire prevention and control; and (d) carry out any other 117 function which the commission may devise. [Subject to the provisions 118 of chapter 67, the commission may appoint such clerical and other 119 assistants as it may deem necessary to carry out the provisions of this 120 section.] 121 Sec. 4. Section 7-323o of the general statutes is repealed and the 122 following is substituted in lieu thereof (Effective October 1, 2023): 123 (a) [There is established the position of State Fire Administrator who 124 shall be recommended by the Commission on Fire Prevention and 125 Control and appointed by the Commissioner of Emergency Services and 126 Public Protection and who] The deputy commissioner of the Division of 127 Fire Services Administration shall: 128 (1) Carry out the requirements of section 7-323n, as amended by this 129 act; 130 (2) [administer] Administer federal funds and grants allocated to the 131 fire services of the state; 132 (3) [provide] Provide technical assistance and guidance to fire 133 fighting forces of any state or municipal agency; 134 (4) [develop] Develop a centralized information and audiovisual 135 library regarding fire prevention and control; 136 Substitute Bill No. 6838 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06838- R01-HB.docx } 6 of 12 (5) [accumulate] Accumulate, disseminate and analyze fire 137 prevention data; 138 (6) [recommend] Recommend specifications of fire service materials 139 and equipment and assist in the purchasing thereof; 140 (7) [assist] Assist in mutual aid coordination; 141 (8) [coordinate] Coordinate fire programs with those of the other 142 states; 143 (9) [assist] Assist in communications coordination; 144 (10) [establish] Establish and maintain a fire service information 145 program; [and] 146 (11) [review] Review the purchase of fire apparatus or equipment at 147 state institutions, facilities and properties; [and, on and after July 1, 1985, 148 coordinate the training and education of fire service personnel at such 149 institutions, facilities and properties.] 150 (12) Prepare, recommend and provide reports on revisions, 151 consolidations or compilations of statutes relating to firefighter training 152 and fire prevention and control; 153 (13) Advise and assist the Commission on Fire Prevention and 154 Control regarding legislative proposals; 155 (14) Encourage the expansion and improvement of existing local 156 firefighter training facilities in cooperation with the Commission on Fire 157 Prevention and Control; 158 (15) Administer the state fire school; 159 (16) Administer certification examinations, testing procedures and 160 reciprocity recognition for credentials in the fire service disciplines; and 161 (17) Make recommendations to the Commission on Fire Prevention 162 Substitute Bill No. 6838 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06838- R01-HB.docx } 7 of 12 and Control pertaining to the operational funding of the state fire school 163 and regional fire schools. 164 (b) The provisions of this section shall not be construed to apply to 165 forest fire prevention and control programs administered by the 166 Commissioner of Energy and Environmental Protection pursuant to 167 sections 23-33 to 23-57, inclusive. 168 Sec. 5. Section 7-313m of the general statutes is repealed and the 169 following is substituted in lieu thereof (Effective October 1, 2023): 170 (a) Not later than January 1, 2022, and annually thereafter, the chief 171 of a volunteer fire department for a distressed municipality, as defined 172 in section 32-9p, shall submit to the [State Fire Administrator] deputy 173 commissioner of the Division of Fire Services Administration within the 174 Department of Emergency Services and Public Protection a report on 175 the yearly average of the number of volunteer firefighters from such 176 municipality's volunteer fire department who enrolled in Firefighter I 177 certification and recruit training based on the preceding four years, 178 except the year commencing January 1, 2020, shall not be included in 179 any such four preceding years for purposes of calculating such average. 180 (b) For the fiscal year ending June 30, 2022, and each fiscal year 181 thereafter, the [State Fire Administrator] Division of Fire Services 182 Administration shall award a grant to any distressed municipality with 183 a volunteer fire department for the purposes of covering costs related to 184 the provision of Firefighter I certification and recruit training for 185 volunteer firefighters at regional fire schools. The amount of such grant 186 award for each such distressed municipality shall be equal to the 187 product of (1) the average cost of a Firefighter I certification and recruit 188 training program at a regional fire school, and (2) the average number 189 of volunteer firefighters from such distressed municipality's volunteer 190 fire department who enrolled at a regional fire school for such 191 certification and training. 192 (c) Not later than February 1, 2022, and annually thereafter, the [State 193 Substitute Bill No. 6838 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06838- R01-HB.docx } 8 of 12 Fire Administrator] Division of Fire Services Administration shall 194 submit, in accordance with the provisions of section 11-4a, to the joint 195 standing committee of the General Assembly having cognizance of 196 matters relating to appropriations and the budgets of state agencies a 197 report on the (1) reports submitted by the chiefs of volunteer fire 198 departments of distressed municipalities pursuant to subsection (a) of 199 this section, and (2) average cost of a Firefighter I certification and 200 recruit training program at a regional fire school. 201 Sec. 6. Section 7-323s of the general statutes is repealed and the 202 following is substituted in lieu thereof (Effective October 1, 2023): 203 (a) The [State Fire Administrator] deputy commissioner of the 204 Division of Fire Services Administration within the Department of 205 Emergency Services and Public Protection , within available 206 appropriations, shall develop model guidelines, on or before January 1, 207 2007, to be used by municipalities with paid municipal emergency 208 personnel and municipalities with volunteer emergency personnel in 209 entering into agreements authorizing volunteer emergency personnel to 210 serve during personal time. 211 (b) A municipality with paid municipal emergency personnel and a 212 municipality with volunteer emergency personnel may enter into an 213 agreement authorizing paid emergency personnel to serve during 214 personal time as active members of a volunteer fire department in the 215 municipality in which they reside. In developing such agreements, such 216 municipalities shall consider the model guidelines developed by the 217 [State Fire Administrator] deputy commissioner of the Division of Fire 218 Services Administration within the Department of Emergency Services 219 and Public Protection pursuant to subsection (a) of this section. 220 (c) The municipalities that are parties to an agreement entered into 221 under subsection (b) of this section may request the Labor 222 Commissioner to provide assistance, within available appropriations, in 223 resolving such issues arising out of the agreement as the commissioner 224 deems appropriate. 225 Substitute Bill No. 6838 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06838- R01-HB.docx } 9 of 12 Sec. 7. Section 7-323v of the general statutes is repealed and the 226 following is substituted in lieu thereof (Effective October 1, 2023): 227 (a) The [State Fire Administrator] deputy commissioner of the 228 Division of Fire Services Administration within the Department of 229 Emergency Services and Public Protection shall, within available 230 appropriations, pay five hundred dollars to each volunteer fire 231 company for each call to which it responds on (1) a limited access 232 highway, designated pursuant to section 13b-27, (2) the section of the 233 highway known as the Berlin Turnpike, which begins at the end of the 234 existing Wilbur Cross Parkway in the town of Meriden and extends 235 northerly along Route 15 to the beginning of a section of limited access 236 highway in the town of Wethersfield known as South Meadows 237 Expressway, or (3) the section of Route 8 in the town of Beacon Falls 238 which is within the boundaries of the Naugatuck State Forest. 239 (b) No municipality that provides funds to a volunteer fire company 240 may reduce such funding based on the payments that such company 241 receives, or is anticipated to receive, under subsection (a) of this section. 242 Sec. 8. Subsection (a) of section 22a-601 of the general statutes is 243 repealed and the following is substituted in lieu thereof (Effective October 244 1, 2023): 245 (a) There is established a Connecticut Emergency Response 246 Commission which shall be within the Department of Energy and 247 Environmental Protection. The commission shall consist of eighteen 248 members as follows: The Commissioners of Energy and Environmental 249 Protection, Emergency Services and Public Protection, Public Health 250 and Transportation, the Labor Commissioner, the Secretary of the Office 251 of Policy and Management, the Adjutant General of the Military 252 Department, the State Fire Marshal, and the [State Fire Administrator] 253 deputy commissioner of the Division of Fire Services Administration 254 within the Department of Emergency Services and Public Protection, or 255 their designees or a designee, and nine members appointed by the 256 Governor, four of whom shall represent the public, three of whom shall 257 Substitute Bill No. 6838 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06838- R01-HB.docx } 10 of 12 represent owners or operators of facilities, one of whom shall be the fire 258 chief of a municipal fire department whose employees are compensated 259 for their services and one of whom shall be the fire chief of a volunteer 260 fire department. Members of the commission appointed by the 261 Governor shall serve for two years. The Governor shall fill any vacancy 262 in the office of an appointed member for the unexpired portion of the 263 term. Members of the commission shall serve without compensation but 264 shall be reimbursed for necessary expenses incurred in the performance 265 of their duties. The chairperson of the commission shall be appointed by 266 the Governor and shall serve at his pleasure. 267 Sec. 9. Section 28-29a of the general statutes is repealed and the 268 following is substituted in lieu thereof (Effective October 1, 2023): 269 (a) There is established an E 9-1-1 Commission to (1) advise the 270 division in the planning, design, implementation and coordination of 271 the state-wide emergency 9-1-1 telephone system created pursuant to 272 sections 28-25 to 28-29b, inclusive, and (2) in consultation with the 273 Coordinating Advisory Board established pursuant to section 29-1t, 274 advise the Commissioner of Emergency Services and Public Protection 275 in the planning, design, implementation, coordination and governance 276 of the public safety data network established pursuant to section 29-1j. 277 (b) The commission shall be appointed by the Governor and shall 278 consist of the following members: (1) One representative from the 279 technical support services unit of the Division of State Police within the 280 Department of Emergency Services and Public Protection; (2) the [State 281 Fire Administrator] deputy commissioner of the Division of Fire 282 Services Administration within the Department of Emergency Services 283 and Public Protection; (3) one representative from the Office of 284 Emergency Medical Services; (4) one representative from the Division 285 of Emergency Management and Homeland Security within the 286 Department of Emergency Services and Public Protection; (5) the 287 Commissioner of Public Health, or the commissioner's designee; (6) the 288 Commissioner of Mental Health and Addiction Services, or the 289 commissioner's designee; (7) the Commissioner of Children and 290 Substitute Bill No. 6838 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06838- R01-HB.docx } 11 of 12 Families, or the commissioner's designee; (8) one municipal police chief; 291 (9) one municipal fire chief; (10) one volunteer fireman; (11) one 292 representative of the Connecticut Conference of Municipalities; (12) one 293 representative of the Council of Small Towns; (13) one representative of 294 telecommunicators, as defined in section 28-30; (14) one representative 295 of the public; (15) one manager or coordinator of 9-1-1 public safety 296 answering points serving areas of differing population concentration; 297 and (16) one representative of providers of commercial mobile radio 298 services, as defined in 47 Code of Federal Regulations 20.3, as amended. 299 Each member shall serve for a term of three years from the date of his 300 or her appointment or until a successor has been appointed and 301 qualified. No member of the commission shall receive compensation for 302 such member's services. 303 Sec. 10. (Effective July 1, 2023) Not later than October 1, 2023, the 304 Commissioner of Emergency Services and Public Protection shall 305 choose a contractor to study issues facing the fire service in the state and 306 develop a strategic master plan to address such issues and prepare the 307 state for the future. Not later than January 1, 2025, the commissioner 308 shall report the results of such study to the Governor and the joint 309 standing committee of the General Assembly having cognizance of 310 matters relating to public safety and security, in accordance with the 311 provisions of section 11-4a of the general statutes. 312 Sec. 11. (Effective July 1, 2023) The sum of two hundred fifty thousand 313 dollars is appropriated to the Department of Emergency Services and 314 Public Protection from the General Fund, for the fiscal year ending June 315 30, 2024, for purposes of conducting the study required by section 10 of 316 this act. 317 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2023 29-1b Sec. 2 October 1, 2023 7-323l Sec. 3 October 1, 2023 7-323n Substitute Bill No. 6838 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06838- R01-HB.docx } 12 of 12 Sec. 4 October 1, 2023 7-323o Sec. 5 October 1, 2023 7-313m Sec. 6 October 1, 2023 7-323s Sec. 7 October 1, 2023 7-323v Sec. 8 October 1, 2023 22a-601(a) Sec. 9 October 1, 2023 28-29a Sec. 10 July 1, 2023 New section Sec. 11 July 1, 2023 New section Statement of Legislative Commissioners: In Section 2(a)(8), "Be authorized to distribute" was changed to "Distribute" for conciseness; and Section 10(b) was changed to Section 11 for consistency with standard drafting conventions. PS Joint Favorable Subst. -LCO