2023 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.