§ 92-S — Environmental protection fund

New York § 92-S

• Jurisdiction: New York
• Law STF: State Finance
• Art. 6: Funds of the State

Text

§ 92-s. Environmental protection fund. 1. There is hereby established\nin the joint custody of the comptroller and the commissioner of taxation\nand finance a special fund to be known as the "environmental protection\nfund".\n 2. a. The comptroller shall establish the following separate and\ndistinct accounts within the environmental protection fund:\n (i) solid waste account;\n (ii) parks, recreation and historic preservation account;\n (iii) open space account;\n (iv) climate change mitigation and adaptation account; and\n (v) environmental protection transfer account.\n b. All monies received by the comptroller for deposit in the\nenvironmental protection fund shall be deposited first to the credit of\nthe environmental protection transfer account. No monies shall be\nexpended from any such account for any project except pursuant to\nappropriation by the legislature.\n 3. Such fund shall consist of the amount of revenue collected within\nthe state from the amount of revenue, interest and penalties deposited\npursuant to section fourteen hundred twenty-one of the tax law, the\namount of fees and penalties received from easements or leases pursuant\nto subdivision fourteen of section seventy-five of the public lands law\nand the money received as annual service charges pursuant to section\nfour hundred four-n of the vehicle and traffic law, all moneys required\nto be deposited therein from the contingency reserve fund pursuant to\nsection two hundred ninety-four of chapter fifty-seven of the laws of\nnineteen hundred ninety-three, all moneys required to be deposited\npursuant to section thirteen of chapter six hundred ten of the laws of\nnineteen hundred ninety-three, repayments of loans made pursuant to\nsection 54-0511 of the environmental conservation law, all moneys to be\ndeposited from the Northville settlement pursuant to section one hundred\ntwenty-four of chapter three hundred nine of the laws of nineteen\nhundred ninety-six, provided however, that such moneys shall only be\nused for the cost of the purchase of private lands in the core area of\nthe central Suffolk pine barrens pursuant to a consent order with the\nNorthville industries signed on October thirteenth, nineteen hundred\nninety-four and the related resource restoration and replacement plan,\nthe amount of penalties required to be deposited therein by section\n71-2724 of the environmental conservation law, all moneys required to be\ndeposited pursuant to article thirty-three of the environmental\nconservation law, all fees collected pursuant to subdivision eight of\nsection 70-0117 of the environmental conservation law, all moneys\ncollected pursuant to title thirty-three of article fifteen of the\nenvironmental conservation law, beginning with the fiscal year\ncommencing on April first, two thousand thirteen, nineteen million\ndollars, and all fiscal years thereafter, twenty-three million dollars\nplus all funds received by the state each fiscal year in excess of the\ngreater of the amount received from April first, two thousand twelve\nthrough March thirty-first, two thousand thirteen or one hundred\ntwenty-two million two hundred thousand dollars, from the payments\ncollected pursuant to subdivision four of section 27-1012 of the\nenvironmental conservation law and all funds collected pursuant to\nsection 27-1015 of the environmental conservation law, all moneys\nrequired to be deposited pursuant to sections 27-2805 and 27-2807 of the\nenvironmental conservation law, all moneys collected pursuant to section\n71-2730 of the environmental conservation law, all moneys required to be\ndeposited pursuant to section seven hundred sixty-five of the general\nbusiness law, all moneys required to be deposited pursuant to section\n27-3205 of the environmental conservation law, and all other moneys\ncredited or transferred thereto from any other fund or source pursuant\nto law. All such revenue shall be initially deposited into the\nenvironmental protection fund, for application as provided in\nsubdivision five of this section.\n 5. Revenues in the environmental protection fund shall be kept\nseparate and shall not be commingled with any other moneys in the\ncustody of the comptroller. All deposits of such revenues shall, if\nrequired by the comptroller, be secured by obligations of the United\nStates or of the state having a market value equal at all times to the\namount of such deposits and all banks and trust companies are authorized\nto give security for such deposits. Any such revenues in such fund may,\nupon the discretion of the comptroller, be invested in obligations in\nwhich the comptroller is authorized to invest pursuant to section\nninety-eight-a of this article.\n 6. (a) All moneys heretofore and hereafter deposited in the\nenvironmental protection transfer account shall be transferred by the\ncomptroller to the solid waste account, the parks, recreation and\nhistoric preservation account, the climate change mitigation and\nadaptation account or the open space account upon the request of the\ndirector of the budget.\n (b) Moneys from the solid waste account shall be available, pursuant\nto appropriation and upon certificate of approval of availability by the\ndirector of the budget, for any non-hazardous municipal landfill closure\nproject; municipal waste reduction or recycling project, as defined in\narticle fifty-four of the environmental conservation law; for the\npurposes of section two hundred sixty-one and section two hundred\nsixty-four of the economic development law; any project for the\ndevelopment, updating or revision of local solid waste management plans\npursuant to sections 27-0107 and 27-0109 of the environmental\nconservation law; environmental justice projects and grants and for the\ndevelopment of the pesticide sales and use data base pursuant to title\ntwelve of article thirty-three of the environmental conservation law.\n (c) Moneys from the parks, recreation and historic preservation\naccount shall be available, pursuant to appropriation, for any municipal\npark project, historic preservation project, urban cultural park\nproject, waterfront revitalization program, coastal rehabilitation\nproject.\n (d) Moneys from the open space account shall be available, pursuant to\nappropriation, for any open space land conservation project,\nbio-diversity stewardship and research pursuant to chapter five hundred\nfifty-four of the laws of nineteen hundred ninety-three, for the\npurposes of agricultural and farmland protection activities as\nauthorized by article twenty-five-AAA of the agriculture and markets\nlaw, non-point source abatement and control projects pursuant to section\n17-1409 of the environmental conservation law and section eleven-b of\nthe soil and water conservation districts law, for Long Island Central\nPine Barrens area planning or Long Island south shore estuary reserve\nplanning pursuant to title thirteen of article fifty-four of the\nenvironmental conservation law, and for operation and management of the\nAlbany Pine Bush preserve commission pursuant to subdivision two of\nsection 54-0303 of the environmental conservation law.\n (e) The governor shall include a specific line appropriation in the\ncapital projects budget describing individual open space land\nconservation projects proposed to be undertaken by the department of\nenvironmental conservation and/or the office of parks, recreation and\nhistoric preservation pursuant to title three of article fifty-four of\nthe environmental conservation law and listed in the state open space\nland acquisition plan prepared pursuant to title two of article\nforty-nine of the environmental conservation law.\n (f) Moneys from the climate change account shall be available,\npursuant to appropriation and upon certificate of approval of\navailability by the director of the budget, for climate smart\ncommunities projects pursuant to title fifteen of article fifty-four of\nthe environmental conservation law.\n 7. Notwithstanding any other provision of law, no state assistance\npayment authorized under this section or article fifty-four of the\nenvironmental conservation law may be applied, with respect to any\nproject located within the area of New York county bounded by (a) the\nnorthern boundary of Fifty-ninth street and Fifty-ninth street extended;\n(b) the United States pierhead line; (c) the northern boundary of the\narea known as Battery Park City; and (d) eight hundred feet inland\neasterly from the United States bulkhead line:\n (i) for, other than for recreational use or access inland of the\nexisting bulkhead line, any roads, bridges, ramps or parking facilities\nor sewers or water mains;\n (ii) for any site improvement, including sewers or water mains, to\nsupport residential, industrial or commercial development;\n (iii) to excavate, place fill or plantings in, or place any piling,\nplatform or structure, including a floating structure, in the Hudson\nriver;\n (iv) to plan, evaluate or study any project involving such excavation\nor placement as described in subparagraph (iii) of this paragraph; or\n (v) for any purpose or project except where the commissioner of\nenvironmental conservation, with the approval of the director of the\nbudget, enters into a contract with the city of New York or a state\nagency, but not with any public benefit corporation or public authority\nor any other person or entity, for the undertaking of the purpose or\nproject. No part of the purpose or project may be subcontracted to any\npublic benefit corporation, public authority, not-for-profit\ncorporation, or municipality other than the city of New York, nor shall\nany such state assistance payment be paid to, on behalf of, or pursuant\nto any agreement with any such entity.\n 8. All payments of moneys from the fund shall be made on the audit and\nwarrant of the comptroller.\n 9. Notwithstanding any other law to the contrary and in accordance\nwith section four of this chapter, the comptroller is hereby authorized\nat the direction of the director of the division of the budget to\ntransfer moneys from the general fund to the environmental protection\nfund for the purpose of maintaining the solvency of the environmental\nprotection fund. If, in any fiscal year, moneys in the environmental\nprotection fund are deemed insufficient by the director of the division\nof the budget to meet actual and anticipated disbursements from enacted\nappropriations or reappropriations made pursuant to this section, the\ncomptroller shall at the direction of the director of the division of\nthe budget, transfer from the general fund to the environmental\nprotection fund moneys sufficient to meet such disbursements. Such\ntransfers shall be made only upon certification of need by the director\nof the division of the budget, with copies of such certification filed\nwith the chairperson of the senate finance committee, the chairperson of\nthe assembly ways and means committee and the state comptroller. The\naggregate amount of all transfers shall not exceed four hundred\nforty-seven million one hundred seventy-one thousand dollars.\n