S T A T E O F N E W Y O R K
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4278
2023-2024 Regular Sessions
I N A S S E M B L Y
February 14, 2023
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Introduced by M. of A. GUNTHER, BUTTENSCHON -- read once and referred to
the Committee on Health
AN ACT to amend the public health law, in relation to creating the rural
emergency responder live training program revolving capital fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
3003-c to read as follows:
§ 3003-C. RURAL EMERGENCY RESPONDER LIVE TRAINING PROGRAM REVOLVING
CAPITAL FUND. 1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE FOLLOWING MEANINGS:
(A) "PARTICIPATING GRANTEE" OR "GRANTEE" SHALL MEAN A FIRST RESPONDER
AND SHALL BE DEFINED AS LOCAL POLICE, FIRE, EMERGENCY SERVICES, HOSPITAL
OR CLINICAL STAFF, OR ORGANIZATIONS OR CORPORATIONS COMPRISED OF THE
SAME;
(B) "REVOLVING CAPITAL FUND" SHALL MEAN THE RURAL EMERGENCY RESPONDER
LIVE TRAINING PROGRAM REVOLVING CAPITAL FUND AUTHORIZED TO BE ESTAB-
LISHED BY THE DEPARTMENT AND ADMINISTERED PURSUANT TO THIS SECTION;
(C) "LIVE TRAINING PROGRAM" SHALL MEAN ANY TRAINING PROGRAM OR SESSION
AT LEAST HALF OF WHICH IS SCENARIO BASED AND TAKES PLACE OUTSIDE OF A
CLASSROOM SETTING; AND
(D) "FARMEDIC PROGRAM" SHALL MEAN THE PROGRAM UTILIZED FOR TRAINING
FIRST RESPONDERS AND MEDICAL STAFF IN AGRICULTURAL AND RURAL INCIDENT
RESPONSE WITH A SAFETY FIRST APPROACH THROUGH A COMBINATION OF CLASSROOM
INSTRUCTION, FIELD EXERCISES AND EXPOSURE TO THE KINDS OF MACHINERY,
CHEMICALS, AND STRUCTURES COMMON TO RURAL OR AGRICULTURAL AREAS.
2. REVOLVING CAPITAL FUND. (A) THE DEPARTMENT, WITHIN AMOUNTS APPRO-
PRIATED, SHALL ESTABLISH THE RURAL EMERGENCY RESPONDER LIVE TRAINING
PROGRAM REVOLVING CAPITAL FUND.
(B) MONIES IN THE REVOLVING CAPITAL FUND SHALL BE UTILIZED FOR THE
PURPOSE OF MAKING GRANTS TO QUALIFYING PARTICIPATING GRANTEES TO PARTIC-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09044-01-3
A. 4278 2
IPATE IN THE NATIONAL FARMEDIC TRAINING PROGRAM, OR OTHER SIMILAR
PROGRAM AS DETERMINED BY THE DEPARTMENT.
(C) FUNDS SHALL BE TRANSFERRED BY THE COMMISSIONER OF TAXATION AND
FINANCE TO THE DEPARTMENT FOR DEPOSIT IN THE REVOLVING CAPITAL FUND IN
AN AMOUNT AS AUTHORIZED BY APPROPRIATION.
(D) MONIES IN THE FUND SHALL BE: (I) HELD BY THE DEPARTMENT PURSUANT
TO THIS SECTION AS CUSTODIAN PURSUANT TO AN AGREEMENT WITH THE COMMIS-
SIONER OF TAXATION AND FINANCE UNTIL TRANSFERRED TO THE GRANTEE PURSUANT
TO THIS SECTION, AND (II) INVESTED BY THE DEPARTMENT IN ACCORDANCE WITH
THE INVESTMENT GUIDELINES OF THE COMPTROLLER DURING SAID CUSTODIAL PERI-
OD. ALL INVESTMENT INCOME SHALL BE CREDITED TO, AND SHALL BE DEPOSITED
IN, THE REVOLVING CAPITAL FUND.
3. ADMINISTRATION AGREEMENT. (A) THE COMMISSIONER OF TAXATION AND
FINANCE AND THE DEPARTMENT SHALL ENTER INTO AN AGREEMENT, SUBJECT TO THE
APPROVAL OF THE DIRECTOR OF THE BUDGET, FOR THE PURPOSE OF ADMINISTERING
THE FUNDS IN THE REVOLVING CAPITAL FUND.
(B) A COPY OF SUCH AGREEMENT, AND ANY AMENDMENTS THERETO, SHALL BE
PROVIDED TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE DIRECTOR OF
THE DIVISION OF THE BUDGET, AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS
COMMITTEE.
(C) THE AGREEMENT SHALL SPECIFY THAT THE DEPARTMENT SHALL ADMINISTER
THE REVOLVING CAPITAL FUND IN A MANNER THAT WILL BENEFIT THE PUBLIC
HEALTH BY ENCOURAGING ENROLLMENT IN THE FARMEDIC PROGRAM, OR SIMILAR
PROGRAM, IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, REGULATIONS AND
OTHER REQUIREMENTS.
4. SPECIFIC PROVISIONS REQUIRED. UPON THE EFFECTIVE DATE OF THE AGREE-
MENT, CUSTODY OF, AND RESPONSIBILITY FOR, THE REVOLVING CAPITAL FUND
SHALL BE TAKEN UP BY THE DEPARTMENT, SUBJECT TO THE REQUIREMENTS OF ITS
AGREEMENT WITH THE COMMISSIONER OF TAXATION AND FINANCE. SUCH AGREEMENT
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING PROVISIONS:
(A) THE DEPARTMENT SHALL BE RESPONSIBLE FOR THE RECEIPT, MANAGEMENT
AND EXPENDITURE OF MONIES HELD IN THE REVOLVING CAPITAL FUND;
(B) THE DEPARTMENT SHALL MAINTAIN BOOKS AND RECORDS PERTAINING TO ALL
MONIES RECEIVED AND DISBURSED PURSUANT TO THIS SECTION AND THE AGREE-
MENT;
(C) MONIES IN SUCH REVOLVING CAPITAL FUND SHALL BE UTILIZED FOR THE
PURPOSE OF MAKING GRANTS TO QUALIFYING PARTICIPATING GRANTEES, TO
PROVIDE PARTICIPATING GRANTEES WITH IMPROVED ACCESS TO AFFORDABLE CAPI-
TAL TO INCREASE ENROLLMENT IN FARMEDIC OR A SIMILAR TRAINING PROGRAM;
(D) PARTICIPATING GRANTEES SHALL BE CHOSEN BY THE DEPARTMENT THROUGH
AN APPLICATION PROCESS APPROVED BY THE DEPARTMENT AND THE COMPTROLLER;
(E) ELIGIBLE USES OF FUNDS SO GRANTED TO PARTICIPATING GRANTEES SHALL
INCLUDE BUT NOT BE LIMITED TO: (I) ELIGIBLE COSTS AS DESCRIBED IN PARA-
GRAPH (F) OF THIS SUBDIVISION, ATTRIBUTABLE TO THE PROPOSED PROGRAM, AND
(II) RESERVES FOR CREDIT ENHANCEMENT INCLUDING LOAN GUARANTEES IF
REQUIRED TO ALLOW GRANTEE TO PARTICIPATE IN RELEVANT TRAINING PROGRAMS;
(F) ELIGIBLE COSTS UNDER THIS SECTION SHALL INCLUDE, BUT NOT BE LIMIT-
ED TO, ALL MATERIAL ACQUISITION COSTS, WAGES AND FEES, FURNITURE,
FIXTURES, AND EQUIPMENT;
(G) THE DEPARTMENT ADMINISTERING THE REVOLVING CAPITAL FUND SHALL
REPORT QUARTERLY ON THE TRANSACTIONS IN THE REVOLVING CAPITAL FUND IN A
FORM AND MANNER SPECIFIED BY THE COMPTROLLER IN CONSULTATION WITH THE
COMMISSIONER OF TAXATION AND FINANCE, INCLUDING BUT NOT LIMITED TO:
RECEIPTS OR DEPOSITS TO THE FUND; DISBURSEMENTS; LOANS OR CREDIT
ENHANCEMENT MADE FROM THE FUND; INVESTMENT INCOME; AND THE BALANCE ON
HAND AS OF THE END OF THE MONTH FOR EACH SUCH QUARTER;
A. 4278 3
(H) THE DEPARTMENT SHALL BE REQUIRED TO INVEST MONIES ON DEPOSIT IN
THE FUND IN ACCORDANCE WITH INVESTMENT GUIDELINES MEETING THE REQUIRE-
MENTS OF THE COMPTROLLER, AND ALL INVESTMENT INCOME SHALL BE CREDITED TO
THE REVOLVING CAPITAL FUND, AND SPENT THEREFROM ONLY FOR THE PURPOSES
SET FORTH IN THIS SECTION;
(I) REVOLVING CAPITAL FUND MONIES SHALL BE HELD IN TRUST AND USED FOR
THE BENEFIT OF ELIGIBLE GRANTEES; AND
(J) ANY OTHER TERM OR CONDITION AS DETERMINED BY THE DEPARTMENT, IN
CONSULTATION WITH THE COMMISSIONER OF TAXATION AND FINANCE.
5. GRANT DOCUMENTATION. GRANTS FROM THE REVOLVING CAPITAL FUND SHALL
BE MADE PURSUANT TO A WRITTEN AGREEMENT BETWEEN THE DEPARTMENT AND THE
PARTICIPATING GRANTEE, SPECIFYING THE TERMS OF THE GRANT. THE GRANT
AGREEMENT SHALL BE IN SUCH FORM AND CONTENT AS SHALL BE ACCEPTABLE TO
THE COMPTROLLER AND THE DEPARTMENT, AND MAY INCLUDE SUCH OTHER WRITTEN
DOCUMENTATION AND/OR AGREEMENTS AS SHALL BE REQUIRED IN THE JUDGMENT OF
THE COMPTROLLER AND THE DEPARTMENT. TERMS MAY INCLUDE RESCISSION OF
GRANTS IF A GRANTEE DOES NOT USE GRANT FUNDS IN ACCORDANCE WITH THIS
SECTION OR THE TERMS OF THE GRANTEE'S AGREEMENT WITH THE DEPARTMENT.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the commissioner of health, in
consultation with the commissioner of taxation and finance, is author-
ized to promulgate any rules or regulations necessary for the implemen-
tation of this act on or before such effective date.