N.Y. State Finance Law § 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.