S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3045
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. JENSEN -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT to amend the executive law, in relation to establishing the fire
   station construction grant program; to amend the state finance law, in
   relation to establishing  the  fire  station  construction  fund;  and
   making an appropriation therefor

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section 719 to
 read as follows:
   § 719. FIRE STATION CONSTRUCTION GRANT PROGRAM.  1.  THERE  IS  HEREBY
 ESTABLISHED  WITHIN  THE  DIVISION  OF  HOMELAND  SECURITY AND EMERGENCY
 SERVICES A FIRE STATION CONSTRUCTION GRANT PROGRAM TO BE ADMINISTERED BY
 THE COMMISSIONER FOR THE PURPOSE OF AWARDING GRANTS TO FIRE  DEPARTMENTS
 TO  ASSIST IN DEFRAYING THE COSTS OF ELIGIBLE FIRE STATION PROJECTS. THE
 COMMISSIONER IS AUTHORIZED, WITHIN AMOUNTS FROM ANY SOURCE  APPROPRIATED
 OR OTHERWISE PROVIDED FOR SUCH PURPOSE, TO MAKE GRANTS FOR SUCH PURPOSE.
   2.  PROJECT  GRANTS  SHALL BE AWARDED ON A COMPETITIVE BASIS THROUGH A
 REQUEST FOR PROPOSAL PROCESS WHICH SHALL SET FORTH THE STANDARDS FOR THE
 SELECTION PROCESS, THE REQUIRED PROJECT PROPOSAL FORMAT, COSTS  ELIGIBLE
 FOR  FUNDING,  PROJECT  IMPLEMENTATION  REQUIREMENTS, REPORTING REQUIRE-
 MENTS, AND SUCH OTHER PROVISIONS AS THE COMMISSIONER MAY DEEM  NECESSARY
 OR  BENEFICIAL IN IMPLEMENTING THE PROGRAM. THE GOVERNING BODY OF A FIRE
 DEPARTMENT SEEKING TO APPLY FOR A GRANT SHALL SUBMIT AN  APPLICATION  ON
 BEHALF OF THE FIRE DEPARTMENT TO THE COMMISSIONER. ALL SUCH APPLICATIONS
 SHALL  HAVE BEEN REVIEWED, FINALIZED AND APPROVED BY THE GOVERNING BOARD
 OF THE FIRE DEPARTMENT PRIOR TO SUBMISSION  TO  THE  COMMISSIONER.  EACH
 SUCH APPLICATION SHALL:
   (A) DEMONSTRATE A SPECIFIC NEED GRANT FUNDS;
   (B)  DEMONSTRATE  THAT  RESOURCES ARE OR SHALL BE AVAILABLE TO PROVIDE
 FOR MAXIMUM UTILIZATION OF THE PROJECT IF THE GRANT IS APPROVED;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06567-01-3
              

 A. 3045                             2
 
   (C) CONTAIN VERIFICATION IN SUCH FORM AS  MAY  BE  ACCEPTABLE  TO  THE
 COMMISSIONER  THAT  THE  TOTAL  COST  OF THE PROJECT, EXCLUSIVE OF GRANT
 FUNDS, HAS BEEN OR WILL BE OBTAINED BY THE FIRE DEPARTMENT IN  A  TIMELY
 MANNER IN ORDER TO COMPLETE THE PROJECT;
   (D)  DEMONSTRATE  THAT  FIRE  STATION  OPERATIONS  WOULD  BE MADE MORE
 ECONOMICAL AS A CONSEQUENCE OF APPROVAL OF THE GRANT APPLICATION;
   (E) BE LIMITED TO ONE PROJECT CONCERNING A FIRE  DEPARTMENT  BUILDING,
 PROVIDED THAT NO BUILDING SHALL BE THE SUBJECT OF MORE THAN ONE APPLICA-
 TION PER YEAR; AND
   (F)  PROVIDE  SUCH OTHER INFORMATION AS MAY BE REQUIRED BY THE COMMIS-
 SIONER.
   3.  SUBJECT  TO  AVAILABILITY  OF  FUNDS  WITHIN  THE   FIRE   STATION
 CONSTRUCTION  FUND  ESTABLISHED  BY  SECTION NINETY-NINE-QQ OF THE STATE
 FINANCE LAW, THE COMMISSIONER MAY AWARD GRANTS FOR  UP  TO  SEVENTY-FIVE
 PERCENT OF THE TOTAL PROJECT APPROVED COSTS OF A PROJECT.
   4.  IN  APPROVING ANY APPLICATION, THE COMMISSIONER SHALL CONSIDER THE
 CONDITION OF THE EXISTING FIRE STATION BUILDING THAT IS THE  SUBJECT  OF
 THE APPLICATION AND, WHERE APPROPRIATE, THE NEEDS OF ISOLATED OR ECONOM-
 ICALLY DISADVANTAGED COMMUNITIES. NO APPLICATION SHALL BE APPROVED FOR A
 PROJECT  THAT IS DEEMED BY THE COMMISSIONER TO HAVE BEEN COMPLETED PRIOR
 TO THE DATE OF THE APPLICATION.
   5. AS USED IN THIS SECTION:
   (A) "FIRE DEPARTMENT" MEANS A PAID OR VOLUNTEER FIRE DEPARTMENT,  FIRE
 COMPANY  OR  FIRE  DISTRICT RESPONSIBLE FOR THE OPERATION OF ONE OR MORE
 MUNICIPAL FIRE STATIONS.
   (B) "ELIGIBLE FIRE STATION PROJECT" OR "PROJECT" MEANS A  PROJECT  FOR
 THE  ACQUISITION,  CONSTRUCTION, RENOVATION OR REHABILITATION, INCLUDING
 LEASEHOLD IMPROVEMENTS, OF  BUILDINGS  OWNED  AND  UTILIZED  BY  A  FIRE
 DEPARTMENT  IN  THE PROVISION OF SERVICES TO THE COMMUNITY SERVED BY THE
 FIRE DEPARTMENT OR AN  INFRASTRUCTURE  IMPROVEMENT  TO  SUCH  BUILDINGS.
 INFRASTRUCTURE  IMPROVEMENTS MAY INCLUDE UPGRADED ELECTRICAL OR COMMUNI-
 CATIONS EQUIPMENT. "ELIGIBLE FIRE STATION PROJECT" OR "PROJECT" DOES NOT
 INCLUDE FEASIBILITY STUDIES,  PLANS,  INVESTIGATIONS  OR  OTHER  SIMILAR
 UNDERTAKINGS.
   6. THE COMMISSIONER SHALL ADOPT RULES AND REGULATIONS TO CARRY OUT THE
 PURPOSES AND PROVISIONS OF THIS SECTION.
   § 2. The state finance law is amended by adding a new section 99-qq to
 read as follows:
   §  99-QQ.  FIRE  STATION  CONSTRUCTION FUND. 1. THERE IS HEREBY ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
 ER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES A SPECIAL
 FUND TO BE KNOWN AS THE "FIRE STATION CONSTRUCTION FUND".
   2. MONEYS OF THE FIRE STATION CONSTRUCTION FUND SHALL BE AVAILABLE  TO
 THE  COMMISSIONER  OF  THE  DIVISION  OF HOMELAND SECURITY AND EMERGENCY
 SERVICES FOR  THE  ADMINISTRATION  AND  PURPOSES  OF  THE  FIRE  STATION
 CONSTRUCTION GRANT PROGRAM ESTABLISHED BY SECTION SEVEN HUNDRED NINETEEN
 OF THE EXECUTIVE LAW.
   3.  THE  FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR ITS PURPOSE
 AND ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND
 OR SOURCE PURSUANT TO LAW.
   4. MONEYS IN THE FIRE STATION CONSTRUCTION FUND SHALL  BE  KEPT  SEPA-
 RATELY  FROM  AND  SHALL  NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE
 JOINT OR SOLE CUSTODY OF THE STATE COMPTROLLER OR  THE  COMMISSIONER  OF
 THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
   5.  MONEYS IN THE FIRE STATION CONSTRUCTION FUND SHALL BE PAYABLE FROM
 THE FUND ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER  ON  VOUCHERS
 A. 3045                             3
 
 APPROVED  AND  CERTIFIED BY THE COMMISSIONER OF THE DIVISION OF HOMELAND
 SECURITY AND EMERGENCY SERVICE.
   §  3. The sum of ten million dollars ($10,000,000), or so much thereof
 as may  be  necessary,  is  hereby  appropriated  to  the  fire  station
 construction fund out of any moneys in the state treasury in the general
 fund  to  the credit of the state purposes account, not otherwise appro-
 priated, and made immediately available, for the purpose of carrying out
 the provisions of this act.
   § 4. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.