NY State Fin L § 97-PP (2021)
2021 New York Laws STF - State Finance Article 6 - Funds of the State 97-PP - New York State Emergency Services Revolving Loan Account.

§  97-pp. New York state emergency services revolving loan account. 1. There  is  hereby  established  within  the  combined  expendable  trust fund-020  in  the  custody  of the state comptroller a new account to be known as the "New York state emergency services revolving loan account".   2. The account shall  consist  of  all  moneys  appropriated  for  its purpose, all moneys transferred to such account pursuant to law, and all moneys  required  by  this  section  or any other law to be paid into or credited to this account, including all moneys received by  the  account or  donated to it, payments of principal and interest on loans made from the account, and  any  interest  earnings  which  may  accrue  from  the investment or reinvestment of moneys from the account.   3.  Moneys  of  the account, when allocated, shall be available to the commissioner of the division of homeland security and emergency services to make loans as provided in this section. Up to  five  percent  of  the moneys  of  the account or two hundred fifty thousand dollars, whichever is less, may be used to pay the expenses, including personal service and maintenance and operation, in connection with the administration of such loans.   4. (a) The commissioner of  the  division  of  homeland  security  and emergency  services,  on recommendation of the state fire administrator, may make, upon application duly made, up to  the  amounts  available  by appropriation, loans for:  (i)  Purchasing  fire  fighting  apparatus. A loan for purchasing fire fighting  apparatus  shall  not  exceed  the  lesser  of  three  hundred seventy-five thousand dollars or seventy-five percent of the cost of the fire  fighting  apparatus;  provided,  however,  that  loans  issued  in response to a joint application shall not  exceed  the  lesser  of  five hundred  fifty  thousand  dollars or seventy-five percent of the cost of the fire fighting apparatus.  (ii) Purchasing ambulances or rescue vehicles. A loan  for  purchasing an  ambulance  or  a  rescue  vehicle shall not exceed the lesser of two hundred twenty-five thousand dollars or seventy-five percent of the cost of the ambulance or rescue vehicle; provided, however, that loans issued in response to a joint application shall not exceed the lesser of  three hundred  fifty  thousand  dollars or seventy-five percent of the cost of the ambulance or rescue vehicle.  (iii) Purchasing protective equipment or  communication  equipment.  A loan  for  purchasing protective equipment or communication equipment or both shall  not  exceed  two  hundred  thousand  dollars.  Communication equipment  purchased  with  such  loan  shall,  to  the  maximum  extent practicable, be compatible with the communication equipment of  adjacent services  and  jurisdictions;  provided,  however,  that loans issued in response to a joint application shall not exceed two hundred  sixty-five thousand dollars.  (iv)  Repairing or rehabilitating fire fighting apparatus, ambulances, or rescue vehicles. A loan for repairing or rehabilitating fire fighting apparatus, ambulances, or rescue vehicles shall not exceed the lesser of two hundred thousand dollars or one hundred percent of the cost  of  the repair  or  rehabilitation;  provided,  however,  that  loans  issued in response to a joint application shall not  exceed  the  lesser  of  four hundred  thousand  dollars  or  one  hundred  percent of the cost of the repair or rehabilitation.  (v) Purchasing accessory equipment. A loan  for  purchasing  accessory equipment  shall  not  exceed  one hundred twenty-five thousand dollars; provided, however, that loans issued in response to a joint  application shall not exceed one hundred seventy-five thousand dollars.  (vi)  Renovating,  rehabilitating  or  repairing facilities that house firefighting  equipment,  ambulances,  rescue   vehicles   and   related  equipment.  A  loan  for this purpose shall not exceed the lesser of two hundred fifty thousand dollars or seventy-five percent of  the  cost  of the project; provided, however, that loans issued in response to a joint application shall not exceed the lesser of five hundred thousand dollars or seventy-five percent of the cost of the project.  (vii)   Construction   costs  associated  with  the  establishment  of facilities  that  house  firefighting  equipment,   ambulances,   rescue vehicles and related equipment. A loan for this purpose shall not exceed the  lesser  of five hundred thousand dollars or seventy-five percent of the cost of the construction, or be used for the  payment  of  fees  for design,  planning,  preparation  of  applications  or  other  costs  not directly attributable to land acquisitions  or  construction;  provided, however,  that loans issued in response to a joint application shall not exceed  the  lesser  of  seven  hundred  fifty   thousand   dollars   or seventy-five percent of the cost of the construction, or be used for the payment  of  fees  for  design, planning, preparation of applications or other  costs  not  directly  attributable  to   land   acquisitions   or construction.  (viii)   Construction  costs  associated  with  the  establishment  of facilities for the purpose of  live  fire  training.  A  loan  for  this purpose  shall  not be granted if another live fire training facility is located within the boundaries of the county or within twenty-five miles. A loan for this purpose shall not exceed the lesser of two hundred fifty thousand dollars or seventy-five percent of the  cost  of  construction, provided,  however,  joint  applications  shall not exceed the lesser of four hundred thousand dollars or seventy-five percent  of  the  cost  of construction  or  be  used for the payment of fees for design, planning, preparation of applications or other costs not directly attributable  to land acquisitions or construction.  (b)  No  loan  authorized  by this section shall have an interest rate exceeding two and one-half percent. No applicant shall  receive  a  loan for  any  purpose under paragraph (a) of this subdivision more than once in any five-year period; provided, however, that  joint  applicants  may receive  up  to two loans in any five year period. The minimum amount of any loan shall be five thousand dollars. The period of  any  loan  shall not  exceed  the  period  of  probable usefulness, prescribed by section 11.00 of the local finance  law,  for  the  emergency  equipment  to  be purchased  with  the  proceeds  of  the  loan  or, if no period be there prescribed, five years. The total amount of any interest earned  by  the investment  or  reinvestment of all or part of the principal of any loan made under this section shall be returned to  the  commissioner  of  the division  of homeland security and emergency services for deposit in the account and shall not be credited as payment of principal or interest on the loan. The commissioner of the  division  of  homeland  security  and emergency services may require security for any loan and may specify the priority  of  liens  against any emergency equipment wholly or partially purchased with moneys loaned under this section. The commissioner of the division of homeland security and  emergency  services  may  make  loans under  this  section  subject  to  such  other  terms and conditions the commissioner of the division of homeland security and emergency services deems proper.  (c)  The  commissioner  of  the  division  of  homeland  security  and emergency  services  shall  have  the  power  to  make  such  rules  and regulations as may be necessary and proper to effectuate the purposes of this section.  (d)  The  commissioner  of  the  division  of  homeland  security  and emergency  services  shall  annually  report  by  March fifteenth to the governor and the legislature describing the activities and operation  of  the loan program authorized by this section. Such report shall set forth the  number  of  loan  applications received and approved; the number of joint applications received and approved; the names of counties, cities, towns,  villages  and  fire  districts receiving loans together with the amount and purpose of the loan,  the  interest  rate  charged,  and  the outstanding  balance;  and  the  balance remaining in the New York state emergency services revolving loan account, along with fund revenues  and expenditures  for  the  previous fiscal year, and projected revenues and expenditures for the current and following fiscal years.   5. (a) Application for loans may be made by  a  town,  village,  city, fire  district,  fire  protection  district, independent, not-for-profit fire and ambulance corporation or county, other  than  a  county  wholly contained  within  a  city,  provided  that the application is otherwise consistent  with  its  respective  powers.  Applications  may  also   be submitted  jointly  by multiple applicants provided that the application is otherwise consistent with each applicant's respective powers.  (b)  Every  application  shall  be  in  a  form  acceptable   to   the commissioner   of  the  division  of  homeland  security  and  emergency services. Every application  shall  accurately  reflect  the  conditions which  give  rise to the proposed expenditure and accurately reflect the ability of the  applicant  to  make  such  an  expenditure  without  the proceeds of a loan under this section.  (c)  (i)  The  commissioner  of  the division of homeland security and emergency services shall give preference  to  those  applications  which demonstrate   the  greatest  need,  joint  applications,  and  to  those applications the proceeds of which  will  be  applied  toward  attaining compliance   with   federal  and  state  laws  and  may  disapprove  any application which contains no adequate demonstration of  need  or  which would  result  in  inequitable  or  inefficient use of the moneys in the account.  (ii) In making determinations on loan applications,  the  commissioner of the division of homeland security and emergency services shall assure that loan fund moneys are equitably distributed among all sectors of the emergency  services  community  and all geographical areas of the state. Loans for the purpose  of  personal  protective  firefighting  equipment shall  be  given  preference for a period of two years from the date the first loan is made. Not less than fifty percent of  the  loans  annually made  shall  be  made  to  applicants whose fire protection or ambulance service is provided by a fire  department  or  ambulance  service  whose membership is comprised exclusively of volunteers.  (d) An application or joint application shall not be approved:  (i)  if  the  applicant or applicants are in arrears on any prior loan under this section,  (ii) if it shall be shown that at any time in the prior ten years  the applicant  or  applicants  used  state funds to repay all or part of any loan made under this section.  (e)  The  commissioner  of  the  division  of  homeland  security  and emergency services shall, to the maximum extent feasible, and consistent with  the  other  provisions of this section, seek to provide that loans authorized  by  this   section   reflect   an   appropriate   geographic distribution,   are   distributed   equitably   and  encourage  regional cooperation.   6. For purposes of this section, the following terms  shall  have  the accompanying meanings:  (a)  "Fire  companies"  means (i) a fire company, the members of which are firefighters, volunteer, paid or both,  of  a  county,  city,  town, village,  fire  district or fire department, or (ii) a fire corporation, the  members  of  which  are  firefighters,  volunteer,  paid  or  both,  providing  fire protection pursuant to a fire protection contract within a fire protection district of a town.  (b)  "Volunteer  ambulance  service" means an individual, partnership, association, corporation, municipality or any legal or public entity  or subdivision  thereof engaged in providing emergency medical services and the transportation  of  sick,  disabled  or  injured  persons  by  motor vehicle,  aircraft or other form of transportation to or from facilities providing hospital services which is (i)  operating  not  for  pecuniary profit  or  financial  gain, and (ii) no part of the assets or income of which is distributable to, or inures to the  benefit  of,  its  members, directors or officers.  (c)   "Ambulance"   means  a  motor  vehicle  designed,  appropriately equipped, and used for carrying sick or injured persons.  (d) "Accessory equipment" means equipment  necessary  to  support  the ordinary  functions  of  fire  fighting,  emergency medical services, or rescue  activities  other  than  communication   equipment,   protective equipment,   and   motor  vehicles  together  with  their  fixtures  and appointments.  (e) "Account" means the New York state  emergency  services  revolving loan  account established by this section within the combined expendable trust fund-020.  (f) "Communication equipment" means any voice or original transmission system or telemetry system used to enhance fire fighter  safety  on  the grounds of a fire or other emergency.  (g)   "Emergency  equipment"  means  any  or  all  of  the  following: ambulances, accessory equipment, communication equipment, fire  fighting apparatus, protective equipment, and rescue vehicles.  (h)  "Fire  fighting  apparatus"  means  elevated  equipment, pumpers, tankers, ladder trucks, hazardous materials emergency response vehicles, or  other  such  specially  equipped  motor  vehicles  used   for   fire protection,  together  with  the  fixtures and appointments necessary to support their functions.  (i) "Joint application" means an application submitted by two or  more towns,  villages,  cities,  fire  districts,  fire protection districts, not-for-profit fire and ambulance corporations or counties, other than a county wholly contained within a city,  for  any  purposes  provided  in subdivision four of this section.  (j)  "Protective equipment" means any clothing and devices that comply with occupational safety and health  administration  standards  (federal occupational   safety  and  health  act  regulations)  used  to  protect personnel who provide emergency services from  injury  while  performing their  functions,  including, but not limited to, helmets, coats, boots, eyeshields, gloves and self contained respiratory protection devices.  (k) "Rescue vehicle" means a motor vehicle, other than an ambulance or fire fighting apparatus, appropriately equipped and used to support fire department operations and includes a vehicle specifically  for  carrying accessory equipment.