Section 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
  secretary of state 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  secretary  of  state, on recommendation of the emergency
  services loan board, 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   two   hundred
  twenty-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 four
  hundred 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 one
  hundred fifty 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 two
  hundred sixty-five 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  one  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 one 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
  seventy-five  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 one
  hundred thirty-five 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  seventy-five  thousand  dollars;  provided,
  however,  that loans issued in response to a joint application shall not
  exceed one hundred thirty-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  one
  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  two  hundred  sixty-five
  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 three 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  five  hundred  twenty-five  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 one hundred fifty
  thousand dollars or seventy-five percent of the  cost  of  construction,
  provided, however, joint applications shall not exceed the lesser of two
  hundred  sixty-five 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 secretary of state  for
  deposit in the account and shall not be credited as payment of principal
  or interest on the loan. The secretary of state 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  secretary  of  state  may  make  loans under this section
  subject to such other terms and conditions the secretary deems proper.
    (c) The secretary of state 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 secretary of state 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 secretary
  of state. 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  emergency  services loan board 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 emergency
  services loan board 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 and whose budget for the fiscal  year  immediately  preceding
  did not exceed one hundred thousand dollars.
    (d)  An  application  or  joint  application  shall be referred by the
  secretary of state to the emergency services loan board. The board shall
  consist of the following thirteen members: the secretary  of  state,  as
  chair,  or  the secretary's designee, the state fire administrator, five
  members  appointed  by  the  governor,  two  members  appointed  by  the
  temporary  president of the senate, two members appointed by the speaker
  of the assembly, one member appointed by  the  minority  leader  of  the
  senate, and one member appointed by the minority leader of the assembly.
  Each  member  of the board shall serve at the pleasure of the appointing
  official. Members of the board shall serve without salary  or  per  diem
  allowance,  but  shall  be  entitled  to  reimbursement  for  actual and
  necessary expenses incurred in the performance of official duties  under
  this  section, provided, however, that such members are not, at the time
  such expenses are incurred, public employees otherwise entitled to  such
  reimbursement.  Notwithstanding  any  inconsistent  provisions  of  law,
  general, special or local, no officer  or  employee  of  the  state,  or
  political  subdivision  of  the state, any governmental entity operating
  any public school or college or other public agency  or  instrumentality
  or unit of government which exercises governmental powers under the laws
  of the state, shall forfeit office or employment by reason of acceptance
  or  appointment  as a member, representative, officer, employee or agent
  of the board nor shall service as such member, representative,  officer,
  employee  or  agent  of  the board be deemed incompatible or in conflict
  with such office or employment.
    (e) 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.
    (f)  The  emergency  services  loan board 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.