2010 New York Code
PBH - Public Health
Article 30 - (3000 - 3032) EMERGENCY MEDICAL SERVICES
3008 - Applications for determinations of public need.

§  3008.  Applications  for  determinations of public need.   1. Every
  application for a determination of public need shall be made in  writing
  to the appropriate regional council, shall specify the primary territory
  within  which the applicant requests to operate, be verified under oath,
  and shall be in such form and contain such information  as  required  by
  the rules and regulations promulgated pursuant to this article.
    2.  Notice  of  the  application  shall  be forwarded by registered or
  certified  mail  by  the  appropriate  regional  council  to  the  chief
  executive  officers  of  all  general hospitals, ambulance services, and
  municipalities operating within the same county or  counties  where  the
  services  seeks  to  operate.  The  notice shall provide opportunity for
  comment.
    3. Notice pursuant to this section shall  be  deemed  filed  with  the
  ambulance  service and municipality upon being mailed by the appropriate
  regional or state council by registered or certified mail.
    4. The appropriate regional council or the state  council  shall  make
  its  determination of public need within sixty days after receipt of the
  application.
    5. The applicant or any concerned party may appeal  the  determination
  of  the  appropriate regional council to the state council within thirty
  days after the regional council makes its determination.
    6. In the case of an application for certification under this  article
  by   a  municipal  ambulance  service  to  serve  the  area  within  the
  municipality, and the  municipal  ambulance  service  meets  appropriate
  training,   staffing   and   equipment  standards,  there  should  be  a
  presumption in favor of approving the application.
    7. (a) Notwithstanding any other provision of law and subject  to  the
  provisions  of this article, any municipality within this state, or fire
  district acting on behalf of any such municipality, and  acting  through
  its  local legislative body, is hereby authorized and empowered to adopt
  and amend local laws, ordinances or resolutions to establish and operate
  advanced life support first responder services  or  municipal  ambulance
  services   within  the  municipality,  upon  meeting  or  exceeding  all
  standards set by the department for appropriate training,  staffing  and
  equipment,  and  upon  filing  with the New York state emergency medical
  services council, a written request for such  authorization.  Upon  such
  filing,  such municipal advanced life support first responder service or
  municipal ambulance service shall be deemed to have  satisfied  any  and
  all  requirements for determination of public need for the establishment
  of additional emergency medical services pursuant to this article for  a
  period  of  two years following the date of such filing. Nothing in this
  article shall be deemed to exclude the municipal advanced  life  support
  first  responder service or municipal ambulance service authorized to be
  established and operated pursuant to this article  from  complying  with
  any  other  requirement  or  provision  of  this  article  or  any other
  applicable provision of law.
    (b) In the case of an application for certification pursuant  to  this
  subdivision,   for  a  municipal  advanced  life  support  or  municipal
  ambulance service, to serve the area within the municipality, where  the
  proposed service meets or exceeds the appropriate training, staffing and
  equipment  standards,  there  shall  be a strong presumption in favor of
  approving the application.