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.