NY State Fin L § 54-E (2021)
2021 New York Laws STF - State Finance Article 4-A - State Assistance to Local Government 54-E - State Assistance to Reimburse Municipalities for Firefighting Costs.

§  54-e. State assistance to reimburse municipalities for firefighting   costs. 1. As used in this section, unless otherwise expressly stated:a. "Normal operating expenses" shall  mean  those  costs,  losses  and   expenses   which   are   ordinarily  associated  with  the  maintenance,   administration and day-to-day operations of the  fire  department  of  a   municipality.  Such  expenses  shall include, but not be limited to, the   ordinary wages of firefighters, administrative and other overhead costs,   depreciation, the costs  of  litigation  and  the  costs  of  employee's   benefits, including insurance, disability, death, or health care whether   or  not  such  costs are incurred as the result of firefighting services   rendered to property under the jurisdiction of the state of New York.b. "Firefighting costs" shall mean those  expenses  and  losses  which   would  not  have been incurred had not the fire in question taken place.   Such costs shall include, but not be limited to, salaries for  specially   employed  personnel,  costs  of supplies expended, and the lesser of (1)   the cost of repairing any destroyed or  damaged  equipment  or  (2)  the   value  of  such  equipment  immediately preceding the fire. Firefighting   costs shall not include: normal operating expenses  as  defined  herein,   any  firefighting  cost for which the municipality is reimbursed under a   policy  of  insurance  or  any  costs  associated  with  false   alarms,   regardless of cause.c. "Claim" shall mean that amount which is equal to those firefighting   costs  incurred  by  a municipality to the extent that such costs exceed   the sum of two hundred fifty dollars.d. "Fire" shall mean any  instance  of  destructive  and  uncontrolled   burning  on  property  under  the  jurisdiction of the state of New York   including scorch burns and explosions of  combustible  dust  or  solids,   flammable liquids and gases.e.  "Municipality"  shall mean any county, city, village, town or fire   district, having a fire department consisting  of  personnel,  apparatus   and   equipment  which  has  as  its  purpose  protecting  property  and   maintaining the safety and welfare of the public  from  the  dangers  of   fire, or, in the case of a fire protection district or that portion of a   town  outside  a  village or fire district, a fire company as defined in   section three of the volunteer firefighters' benefit law. The  personnel   of  any  such fire department may be paid employees or unpaid volunteers   or any combination thereof.f. "Property under the jurisdiction of the state of  New  York"  shall   mean real property and improvements thereon and appurtenances thereto in   which  the  state  of New York holds legal fee simple title and further,   any real property conveyed or made  available  to  the  New  York  state   housing  finance  agency  or the dormitory authority of the state of New   York under agreements for the financing and construction  of  facilities   for  the  state  university  of  New  York;  provided  however, with the   exception of property occupied by the state university of New York, such   property shall not include leasehold interest;  provided  further,  such   property  shall  not  include  any  property  for  which  a municipality   receives any payments-in-lieu of taxes or any other payments,  including   real  property  taxes,  that  are  or  may  be  used  for providing fire   protection to such property.2. Any municipality whose fire department has responded to a  fire  on   property under the jurisdiction of the state of New York:a.  shall,  within  thirty days after such fire, submit a report, on a   form prescribed by the office of fire prevention  and  control,  to  the   office  of  fire  prevention  and control stating the location of such a   fire and the firefighting costs incurred while fighting such a fire; andb. may, within thirty days after such a fire, submit  a  claim,  on  a   form  prescribed  by  the  office  of fire prevention and control to the    office of fire prevention and control pursuant to the provisions of this   section.3.  The  office of fire prevention and control shall review each claim   to determine if such  claim  shall  be  approved,  reduced,  amended  or   rejected and shall notify the municipality, within sixty days of receipt   of  such  claim,  as to his determination. The municipality shall notify   the office of fire prevention  and  control  within  thirty  days  after   receipt  of the office of fire prevention and control's notification, as   to its acceptance or rejection of  such  determination.  Failure  to  so   notify  the  office  of  fire prevention and control shall constitute an   acceptance of the determination. If accepted by the  municipality,  such   acceptance  shall  constitute the final and conclusive determination for   such claim.  If rejected by the municipality,  such  municipality  shall   resubmit  its  claim,  within thirty days after receipt of the office of   fire prevention and control's notification, together  with  its  reasons   for  objection  and  any  additional documentation which may justify its   claim.  Upon  receipt  of  a  resubmitted  claim,  the  office  of  fire   prevention  and control shall review such claim and within sixty days of   receipt of such resubmitted claim, make a final determination as to  the   amount  to be approved for such claim. If the municipality shall dispute   such final determination it may commence an action, within sixty days of   such final determination, in  the  court  of  claims  which  shall  have   jurisdiction  to adjudicate the claim and enter judgment, which judgment   shall be a final determination for purposes of this section and shall be   payable in accordance with the provisions of subdivisions four and  five   of this section.4.  The office of fire prevention and control shall certify all claims   for which a final determination  has  been  made.  The  office  of  fire   prevention  and  control  shall  submit  all claims certified during the   preceding year to the comptroller of the department of audit and control   on or before April first of each year. Any claim that has been  received   prior  to  April  first of such year, but for which no certification has   been made, shall, for purposes of payment, be considered as a claim  for   the year in which such certification is made.5.  All  claims certified by the office of fire prevention and control   shall be paid annually and  shall  be  paid  upon  a  warrant  from  the   comptroller from funds appropriated in the local assistance fund. In the   event  such appropriation is insufficient to permit the aggregate annual   payments authorized under this section, each municipality's payment  for   any  claim  or  claims  certified  during  the  preceding  year shall be   decreased proportionally until the  total  payments  are  equal  to  the   amount appropriated.6.  The chief fiscal officer of the municipality shall pay the amounts   received under this section into the fund or  funds  from  which  moneys   were   expended  to  provide  the  firefighting  services  for  which  a   reimbursement was made under this section.7. This section shall not in any  way  impair,  limit  or  modify  the   rights and obligations of any insurer under any policy of insurance.8.  The office of fire prevention and control shall annually prepare a   report on the effectiveness of this section and shall submit such report   to the legislature. Such report shall include the number and location of   any fire on property under the jurisdiction of the state  of  New  York,   the number of claims and the amount of each such claim filed pursuant to   this  section  and further, the total amount of all claims filed and the   total amount of payments made under the provisions of this section.  The   first  such  report  shall  be submitted to the legislature on or before   June first, nineteen hundred seventy-nine.