Senate Bill S4492

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4492
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2023
                                ___________
 
 Introduced by Sens. GALLIVAN, OBERACKER -- read twice and ordered print-
   ed, and when printed to be committed 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
              

 S. 4492                             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;
 S. 4492                             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.