Connecticut 2023 Regular Session

Connecticut House Bill HB06838 Latest Draft

Bill / Comm Sub Version Filed 04/03/2023

                             
 
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 Section 29-1b of the general statutes is repealed and the 1 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