§ 97-PP — New York state emergency services revolving loan account

§ 97-pp. New York state emergency services revolving loan account. 1.\nThere is hereby established within the combined expendable trust\nfund-020 in the custody of the state comptroller a new account to be\nknown as the "New York state emergency services revolving loan account".\n 2. The account shall consist of all moneys appropriated for its\npurpose, all moneys transferred to such account pursuant to law, and all\nmoneys required by this section or any other law to be paid into or\ncredited to this account, including all moneys received by the account\nor donated to it, payments of principal and interest on loans made from\nthe account, and any interest earnings which may accrue from the\ninvestment or reinvestment of moneys from the account.\n 3. Moneys of the account, when allocated, shall be available to the\ncommissioner of the division of homeland security and emergency services\nto make loans as provided in this section. Up to five percent of the\nmoneys of the account or two hundred fifty thousand dollars, whichever\nis less, may be used to pay the expenses, including personal service and\nmaintenance and operation, in connection with the administration of such\nloans.\n 4. (a) The commissioner of the division of homeland security and\nemergency services, on recommendation of the state fire administrator,\nmay make, upon application duly made, up to the amounts available by\nappropriation, loans for:\n (i) Purchasing fire fighting apparatus. A loan for purchasing fire\nfighting apparatus shall not exceed the lesser of three hundred\nseventy-five thousand dollars or seventy-five percent of the cost of the\nfire fighting apparatus; provided, however, that loans issued in\nresponse to a joint application shall not exceed the lesser of five\nhundred fifty thousand dollars or seventy-five percent of the cost of\nthe fire fighting apparatus.\n (ii) Purchasing ambulances or rescue vehicles. A loan for purchasing\nan ambulance or a rescue vehicle shall not exceed the lesser of two\nhundred twenty-five thousand dollars or seventy-five percent of the cost\nof the ambulance or rescue vehicle; provided, however, that loans issued\nin response to a joint application shall not exceed the lesser of three\nhundred fifty thousand dollars or seventy-five percent of the cost of\nthe ambulance or rescue vehicle.\n (iii) Purchasing protective equipment or communication equipment. A\nloan for purchasing protective equipment or communication equipment or\nboth shall not exceed two hundred thousand dollars. Communication\nequipment purchased with such loan shall, to the maximum extent\npracticable, be compatible with the communication equipment of adjacent\nservices and jurisdictions; provided, however, that loans issued in\nresponse to a joint application shall not exceed two hundred sixty-five\nthousand dollars.\n (iv) Repairing or rehabilitating fire fighting apparatus, ambulances,\nor rescue vehicles. A loan for repairing or rehabilitating fire fighting\napparatus, ambulances, or rescue vehicles shall not exceed the lesser of\ntwo hundred thousand dollars or one hundred percent of the cost of the\nrepair or rehabilitation; provided, however, that loans issued in\nresponse to a joint application shall not exceed the lesser of four\nhundred thousand dollars or one hundred percent of the cost of the\nrepair or rehabilitation.\n (v) Purchasing accessory equipment. A loan for purchasing accessory\nequipment shall not exceed one hundred twenty-five thousand dollars;\nprovided, however, that loans issued in response to a joint application\nshall not exceed one hundred seventy-five thousand dollars.\n (vi) Renovating, rehabilitating or repairing facilities that house\nfirefighting equipment, ambulances, rescue vehicles and related\nequipment. A loan for this purpose shall not exceed the lesser of two\nhundred fifty thousand dollars or seventy-five percent of the cost of\nthe project; provided, however, that loans issued in response to a joint\napplication shall not exceed the lesser of five hundred thousand dollars\nor seventy-five percent of the cost of the project.\n (vii) Construction costs associated with the establishment of\nfacilities that house firefighting equipment, ambulances, rescue\nvehicles and related equipment. A loan for this purpose shall not exceed\nthe lesser of five hundred thousand dollars or seventy-five percent of\nthe cost of the construction, or be used for the payment of fees for\ndesign, planning, preparation of applications or other costs not\ndirectly attributable to land acquisitions or construction; provided,\nhowever, that loans issued in response to a joint application shall not\nexceed the lesser of seven hundred fifty thousand dollars or\nseventy-five percent of the cost of the construction, or be used for the\npayment of fees for design, planning, preparation of applications or\nother costs not directly attributable to land acquisitions or\nconstruction.\n (viii) Construction costs associated with the establishment of\nfacilities for the purpose of live fire training. A loan for this\npurpose shall not be granted if another live fire training facility is\nlocated within the boundaries of the county or within twenty-five miles.\nA loan for this purpose shall not exceed the lesser of two hundred fifty\nthousand dollars or seventy-five percent of the cost of construction,\nprovided, however, joint applications shall not exceed the lesser of\nfour hundred thousand dollars or seventy-five percent of the cost of\nconstruction or be used for the payment of fees for design, planning,\npreparation of applications or other costs not directly attributable to\nland acquisitions or construction.\n (b) No loan authorized by this section shall have an interest rate\nexceeding two and one-half percent. No applicant shall receive a loan\nfor any purpose under paragraph (a) of this subdivision more than once\nin any five-year period; provided, however, that joint applicants may\nreceive up to two loans in any five year period. The minimum amount of\nany loan shall be five thousand dollars. The period of any loan shall\nnot exceed the period of probable usefulness, prescribed by section\n11.00 of the local finance law, for the emergency equipment to be\npurchased with the proceeds of the loan or, if no period be there\nprescribed, five years. The total amount of any interest earned by the\ninvestment or reinvestment of all or part of the principal of any loan\nmade under this section shall be returned to the commissioner of the\ndivision of homeland security and emergency services for deposit in the\naccount and shall not be credited as payment of principal or interest on\nthe loan. The commissioner of the division of homeland security and\nemergency services may require security for any loan and may specify the\npriority of liens against any emergency equipment wholly or partially\npurchased with moneys loaned under this section. The commissioner of the\ndivision of homeland security and emergency services may make loans\nunder this section subject to such other terms and conditions the\ncommissioner of the division of homeland security and emergency services\ndeems proper.\n (c) The commissioner of the division of homeland security and\nemergency services shall have the power to make such rules and\nregulations as may be necessary and proper to effectuate the purposes of\nthis section.\n (d) The commissioner of the division of homeland security and\nemergency services shall annually report by March fifteenth to the\ngovernor and the legislature describing the activities and operation of\nthe loan program authorized by this section. Such report shall set forth\nthe number of loan applications received and approved; the number of\njoint applications received and approved; the names of counties, cities,\ntowns, villages and fire districts receiving loans together with the\namount and purpose of the loan, the interest rate charged, and the\noutstanding balance; and the balance remaining in the New York state\nemergency services revolving loan account, along with fund revenues and\nexpenditures for the previous fiscal year, and projected revenues and\nexpenditures for the current and following fiscal years.\n 5. (a) Application for loans may be made by a town, village, city,\nfire district, fire protection district, independent, not-for-profit\nfire and ambulance corporation or county, other than a county wholly\ncontained within a city, provided that the application is otherwise\nconsistent with its respective powers. Applications may also be\nsubmitted jointly by multiple applicants provided that the application\nis otherwise consistent with each applicant's respective powers.\n (b) Every application shall be in a form acceptable to the\ncommissioner of the division of homeland security and emergency\nservices. Every application shall accurately reflect the conditions\nwhich give rise to the proposed expenditure and accurately reflect the\nability of the applicant to make such an expenditure without the\nproceeds of a loan under this section.\n (c) (i) The commissioner of the division of homeland security and\nemergency services shall give preference to those applications which\ndemonstrate the greatest need, joint applications, and to those\napplications the proceeds of which will be applied toward attaining\ncompliance with federal and state laws and may disapprove any\napplication which contains no adequate demonstration of need or which\nwould result in inequitable or inefficient use of the moneys in the\naccount.\n (ii) In making determinations on loan applications, the commissioner\nof the division of homeland security and emergency services shall assure\nthat loan fund moneys are equitably distributed among all sectors of the\nemergency services community and all geographical areas of the state.\nLoans for the purpose of personal protective firefighting equipment\nshall be given preference for a period of two years from the date the\nfirst loan is made. Not less than fifty percent of the loans annually\nmade shall be made to applicants whose fire protection or ambulance\nservice is provided by a fire department or ambulance service whose\nmembership is comprised exclusively of volunteers.\n (d) An application or joint application shall not be approved:\n (i) if the applicant or applicants are in arrears on any prior loan\nunder this section,\n (ii) if it shall be shown that at any time in the prior ten years the\napplicant or applicants used state funds to repay all or part of any\nloan made under this section.\n (e) The commissioner of the division of homeland security and\nemergency services shall, to the maximum extent feasible, and consistent\nwith the other provisions of this section, seek to provide that loans\nauthorized by this section reflect an appropriate geographic\ndistribution, are distributed equitably and encourage regional\ncooperation.\n 6. For purposes of this section, the following terms shall have the\naccompanying meanings:\n (a) "Fire companies" means (i) a fire company, the members of which\nare firefighters, volunteer, paid or both, of a county, city, town,\nvillage, fire district or fire department, or (ii) a fire corporation,\nthe members of which are firefighters, volunteer, paid or both,\nproviding fire protection pursuant to a fire protection contract within\na fire protection district of a town.\n (b) "Volunteer ambulance service" means an individual, partnership,\nassociation, corporation, municipality or any legal or public entity or\nsubdivision thereof engaged in providing emergency medical services and\nthe transportation of sick, disabled or injured persons by motor\nvehicle, aircraft or other form of transportation to or from facilities\nproviding hospital services which is (i) operating not for pecuniary\nprofit or financial gain, and (ii) no part of the assets or income of\nwhich is distributable to, or inures to the benefit of, its members,\ndirectors or officers.\n (c) "Ambulance" means a motor vehicle designed, appropriately\nequipped, and used for carrying sick or injured persons.\n (d) "Accessory equipment" means equipment necessary to support the\nordinary functions of fire fighting, emergency medical services, or\nrescue activities other than communication equipment, protective\nequipment, and motor vehicles together with their fixtures and\nappointments.\n (e) "Account" means the New York state emergency services revolving\nloan account established by this section within the combined expendable\ntrust fund-020.\n (f) "Communication equipment" means any voice or original transmission\nsystem or telemetry system used to enhance fire fighter safety on the\ngrounds of a fire or other emergency.\n (g) "Emergency equipment" means any or all of the following:\nambulances, accessory equipment, communication equipment, fire fighting\napparatus, protective equipment, and rescue vehicles.\n (h) "Fire fighting apparatus" means elevated equipment, pumpers,\ntankers, ladder trucks, hazardous materials emergency response vehicles,\nor other such specially equipped motor vehicles used for fire\nprotection, together with the fixtures and appointments necessary to\nsupport their functions.\n (i) "Joint application" means an application submitted by two or more\ntowns, villages, cities, fire districts, fire protection districts,\nnot-for-profit fire and ambulance corporations or counties, other than a\ncounty wholly contained within a city, for any purposes provided in\nsubdivision four of this section.\n (j) "Protective equipment" means any clothing and devices that comply\nwith occupational safety and health administration standards (federal\noccupational safety and health act regulations) used to protect\npersonnel who provide emergency services from injury while performing\ntheir functions, including, but not limited to, helmets, coats, boots,\neyeshields, gloves and self contained respiratory protection devices.\n (k) "Rescue vehicle" means a motor vehicle, other than an ambulance or\nfire fighting apparatus, appropriately equipped and used to support fire\ndepartment operations and includes a vehicle specifically for carrying\naccessory equipment.\n