§ 97-B — Hazardous waste remedial fund

§ 97-b. Hazardous waste remedial fund. 1. There is hereby established\nin the custody of the state comptroller a nonlapsing revolving fund to\nbe known as the "hazardous waste remedial fund", which shall consist of\na "site investigation and construction account", an "industry fee\ntransfer account", an "environmental restoration project account", a\n"hazardous waste cleanup account", and a "hazardous waste remediation\noversight and assistance account".\n 2. Such fund shall consist of all of the following:\n (a) moneys appropriated for transfer to the fund's site investigation\nand construction account; (b) all fines and other sums accumulated in\nthe fund prior to April first, nineteen hundred eighty-eight pursuant to\nsection 71-2725 of the environmental conservation law for deposit in the\nfund's site investigation and construction account; (c) all moneys\ncollected or received by the department of taxation and finance pursuant\nto section 27-0923 of the environmental conservation law for deposit in\nthe fund's industry fee transfer account; (d) all moneys paid into the\nfund pursuant to section 72-0201 of the environmental conservation law\nwhich shall be deposited in the fund's industry fee transfer account;\n(e) all moneys paid into the fund pursuant to paragraph (b) of\nsubdivision one of section one hundred eighty-six of the navigation law\nwhich shall be deposited in the fund's industry fee transfer account;\n(f) all moneys recovered under sections 56-0503, 56-0505 and 56-0507 of\nthe environmental conservation law into the fund's environmental\nrestoration project account; (g) all fees paid into the fund pursuant to\nsection 72-0402 of the environmental conservation law which shall be\ndeposited in the fund's industry fee transfer account; (h) payments\nreceived for all state costs incurred in negotiating and overseeing the\nimplementation of brownfield site cleanup agreements pursuant to title\nfourteen of article twenty-seven of the environmental conservation law\nshall be deposited in the hazardous waste remediation oversight and\nassistance account;(j) other moneys credited or transferred thereto from\nany other fund or source for deposit in the fund's site investigation\nand construction account.\n 3. Moneys of the hazardous waste remedial fund, except monies in the\nindustry fee transfer account, when allocated, shall be available to the\ndepartments of environmental conservation, health and law for the\nfollowing purposes:\n (a) inactive hazardous waste disposal site remedial programs pursuant\nto section 27-1313 of the environmental conservation law and section\nthirteen hundred eighty-nine-b of the public health law;\n (b) cleaning up or restoring to its original state any area where\nhazardous wastes were disposed of or possessed unlawfully in violation\nof article twenty-seven of the environmental conservation law. For the\npurposes of this section "the original state of the area" shall mean the\nreasonably ascertainable condition of the property immediately prior to\nthe unlawful disposal or, if it is impracticable to determine such\ncondition, then it is the reasonable environmentally sound condition of\nthe area;\n (c) inactive hazardous waste site identification, classification, and\ninvestigation actions including testing, analyses, record searches, and\nother expenditures necessary to develop the state inactive hazardous\nwaste disposal site remedial plan required pursuant to section 27-1305\nof the environmental conservation law;\n (d) financing the non-federal share of the cost of clean up and site\nremediation activities, as well as post-closure operation and\nmaintenance costs, pursuant to the federal Comprehensive Environmental\nResponse, Compensation and Liability Act of 1980;\n (e) emergency response action to clean up spills or abate other public\nhealth or environmental hazards involving hazardous wastes, except those\nprovided for under the New York state environmental protection and spill\ncompensation fund;\n (f) to undertake such remedial measures as the department of\nenvironmental conservation may determine necessary due to environmental\nconditions related to the property subject to an agreement to provide\nstate assistance or contract under title five of article fifty-six of\nthe environmental conservation law that were unknown to such department\nat the time of its approval of such agreement or contract which\nindicates that conditions on such property are not sufficiently\nprotective of human health for its reasonably anticipated uses or due to\ninformation received, in whole or in part, after such department's\napproval of such agreement's final engineering report and certification,\nwhich indicates that such agreement's remedial activities are not\nsufficiently protective of human health for such property's reasonably\nanticipated uses; and, shall provide state assistance under title five\nof article fifty-six of the environmental conservation law;\n (g) with respect to moneys in the hazardous waste remediation\noversight and assistance account, to pay the reasonable costs incurred\nby the state in negotiating and overseeing implementation of brownfield\nsite cleanup agreements and conducting remediation under title fourteen\nof article twenty-seven of the environmental conservation law;\n (h) with respect to moneys in the hazardous waste remediation\noversight and assistance account, to provide state assistance pursuant\nto section nine hundred seventy-r of the general municipal law;\n (i) with respect to moneys in the hazardous waste remediation\noversight and assistance account, non-bondable costs associated with\nhazardous waste remediation projects. Such costs shall be limited to\nagency staff costs associated with the administration of state\nassistance for brownfield opportunity areas pursuant to section nine\nhundred seventy-r of the general municipal law, agency staff costs\nassociated with the administration of technical assistance grants\npursuant to titles thirteen and fourteen of article twenty-seven of the\nenvironmental conservation law, and costs of the department of\nenvironmental conservation related to the geographic information system\nrequired by section 3-0315 of the environmental conservation law;\n (j) with respect to moneys in the hazardous waste remediation\noversight and assistance account, technical assistance grants pursuant\nto titles thirteen and fourteen of article twenty-seven of the\nenvironmental conservation law;\n 4. With respect to moneys in the hazardous waste cleanup account, no\nmoneys shall be available from the fund pursuant to paragraph (a) of\nsubdivision three of this section unless the commissioner of\nenvironmental conservation finds that all reasonable efforts to secure\nvoluntary agreement to pay the costs of necessary remedial actions from\nowners or operators of inactive hazardous waste sites or other\nresponsible persons have been made except where the commissioner of\nenvironmental conservation has made findings pursuant to paragraph b of\nsubdivision three of section 27-1313 of the environmental conservation\nlaw or where; the commissioner of health has declared a condition\ndangerous to life or health and made findings pursuant to paragraph (b)\nof subdivision three of section one thousand three hundred eighty-nine-b\nof the public health law.\n 6. The commissioner of the department of environmental conservation\nshall make all reasonable efforts to recover the full amount of any\nfunds expended from the fund pursuant to paragraph (a) and paragraph (l)\nof subdivision three of this section through litigation or cooperative\nagreements with responsible persons. Any and all moneys recovered or\nreimbursed pursuant to this section through voluntary agreements or\ncourt orders shall be deposited with the comptroller and credited to the\naccount of such fund from which such expenditures were made.\n 7. Notwithstanding the provisions of any general or special law, no\nmoneys shall be available from the fund until a certificate of\nallocation and a schedule of amounts to be available therefor shall have\nbeen issued by the director of the budget, and a copy of such\ncertificate filed with the comptroller, the chairman of the senate\nfinance committee and the chairman of the assembly ways and means\ncommittee. Such certificate may be amended from time to time by the\ndirector of the budget and a copy of each such amendment shall be filed\nwith the comptroller, the chairman of the senate finance committee and\nthe chairman of the assembly ways and means committee.\n 8. The moneys, when allocated, shall be paid out of the fund on the\naudit and warrant of the comptroller on vouchers certified or approved\nby the commissioner of the department of environmental conservation or\nhis duly designated officer.\n 9. All repayments and other sums collected or received by the\ndepartment pursuant to loan agreements entered into pursuant to title\nfive of article fifty-two of the environmental conservation law shall be\ndeposited daily to the credit of the comptroller with such responsible\nbanks, banking houses or trust companies as may be designated by the\ncomptroller. The comptroller shall require adequate security from all\nsuch depositories. The comptroller shall, on or before the tenth day of\neach month, pay all moneys collected pursuant to such title and\nremaining to his credit in such banks, banking houses or trust companies\nat the close of business on the last day of the preceding month into the\nsite investigation and construction account of the hazardous waste\nremedial fund. In the event a municipality shall fail to make any\npayment due to the state pursuant to such title and the commissioner\nshall have certified that such municipality has failed to make such\npayment, the comptroller is authorized and shall withhold from such\nmunicipality any state aid payable to it to the extent necessary to meet\nthe certified amount of principal and surcharge due the commissioner and\nshall immediately pay over to the design and construction account of the\nhazardous waste remedial fund the amount so withheld.\n 10. No moneys of the fund derived from any form of tax or fee imposed\nby title nine of article twenty-seven or article seventy-two of the\nenvironmental conservation law or section one hundred seventy-four of\nthe navigation law shall be used for any purpose if such use, under\nfederal law, would preclude the collection of such tax or fee.\n 11. The industry fee transfer account, established pursuant to\nsubdivision one of this section, is to provide for an equal sharing\nbetween the state and industry of the costs of debt service for bonds\nand notes issued to finance hazardous waste remedial work other than\nthose costs attributable to or payable by responsible parties, a\nmunicipality or the federal government. Such sharing shall be provided\nfifty percent from moneys of the general fund and fifty percent from\nfees and surcharges designated for this purpose pursuant to subdivisions\ntwo and fourteen of this section. When debt service is paid on bonds and\nnotes authorized by the environmental quality bond act of 1986 and sold\nto provide moneys for hazardous waste site remediation or by section\ntwelve hundred eighty-five-q of the public authorities law, the\ncomptroller shall transfer from the industry fee transfer account to the\ngeneral fund an amount equal to fifty percent of such debt service\npayment.\n 12. (a) The comptroller shall, on July first, nineteen hundred\neighty-eight and on each succeeding July first until such time as the\nsurcharges required pursuant to subdivision fourteen of this section are\nimposed, estimate the amount of revenues to be received by the industry\nfee transfer account of this fund in the next succeeding twenty months\nand the transfers which will be required to be made during the same\nperiod. When calculating the estimate of industry fee transfer account\nrevenues available for the purpose of certifying, pursuant to this\nsubdivision, when such account's balance will be insufficient to make\nthe transfer required by subdivision eleven of this section, the\ncomptroller shall add to the amount estimated to actually be available\nan additional credit factor as determined by paragraph (b) of this\nsubdivision. If the comptroller determines that the industry fee\ntransfer account will, at any time during the succeeding twenty month\nperiod, lack sufficient funds to make the transfer required by\nsubdivision eleven of this section, the comptroller shall so certify to\nthe state super fund management board, created pursuant to section\n27-1319 of the environmental conservation law, and to the governor and\nthe legislature.\n (b) The additional credit factor required by paragraph (a) of this\nsubdivision shall be the sum of the following:\n (i) prior to March thirty-first, nineteen hundred ninety-eight, an\namount equal to an amount estimated by the comptroller to be transferred\nfrom the industry fee transfer account to the general fund during the\nperiod March thirty-first, nineteen hundred ninety through March\nthirty-first, nineteen hundred ninety-eight, pursuant to chapter\nforty-one of the laws of nineteen hundred ninety as amended by chapter\none hundred sixty-six of the laws of nineteen hundred ninety-one,\nchapter fifty-five of the laws of nineteen hundred ninety-two, chapter\nfifty-seven of the laws of nineteen hundred ninety-three, chapter one\nhundred seventy of the laws of nineteen hundred ninety-four, chapter\neighty-three of the laws of nineteen hundred ninety-five, chapter three\nhundred nine of the laws of nineteen hundred ninety-six and a chapter of\nthe laws of nineteen hundred ninety-seven entitled "An act making\nappropriations for the support of government and to amend chapter 63 of\nthe laws of 1996 relating to making appropriations for the support of\ngovernment, in relation to extending the effectiveness thereof; to amend\nchapter 30 of the laws of 1996, relating to a retirement incentive, in\nrelation to payment schedules; to amend chapter 41 of the laws of 1990,\nrelating to authorizing and directing the transfer of hazardous waste\nremedial fund industry fee transfer account balances and receipts to the\ngeneral fund, and the state finance law, in relation to industry fee\nsurcharges and the calculations relating thereto; to amend chapter 83 of\nthe laws of 1995, amending the state finance law and other laws relating\nto state finances, in relation to the deposit of funds; and to authorize\nthe transfer and deposit of various moneys," which is in excess of\namounts estimated to be needed to make the transfers required by\nsubdivision eleven of this section during the same period and, after\nMarch thirty-first, nineteen hundred ninety-eight, an amount equal to\nthe amount actually transferred from the industry fee transfer account\nto the general fund during the period March thirty-first, nineteen\nhundred ninety through March thirty-first, nineteen hundred\nninety-eight, pursuant to chapter forty-one of the laws of nineteen\nhundred ninety, as amended by chapter one hundred sixty-six of the laws\nof nineteen hundred ninety-one, chapter fifty-five of the laws of\nnineteen hundred ninety-two, chapter fifty-seven of the laws of nineteen\nhundred ninety-three, chapter one hundred seventy of the laws of\nnineteen hundred ninety-four, chapter eighty-three of the laws of\nnineteen hundred ninety-five, chapter three hundred nine of the laws of\nnineteen hundred ninety-six and a chapter of the laws of nineteen\nhundred ninety-seven entitled "AN ACT making appropriations for the\nsupport of government and to amend chapter 63 of the laws of 1996\nrelating to making appropriations for the support of government, in\nrelation to extending the effectiveness thereof; to amend chapter 30 of\nthe laws of 1996, relating to a retirement incentive, in relation to\npayment schedules; to amend chapter 41 of the laws of 1990, relating to\nauthorizing and directing the transfer of hazardous waste remedial fund\nindustry fee transfer account balances and receipts to the general fund,\nand the state finance law, in relation to industry fee surcharges and\nthe calculations relating thereto; to amend chapter 83 of the laws of\n1995, amending the state finance law and other laws relating to state\nfinances, in relation to the deposit of funds; and to authorize the\ntransfer and deposit of various moneys," which was in excess of the\namount required to be transferred during the same period pursuant to\nsubdivision eleven of this section; except that the comptroller shall\nreduce this amount by an amount equal to the amount which would have\nbeen debited against such calculated balance during the prior estimating\nperiods for transfers pursuant to subdivision eleven of this section, if\nthe amount transferred from the industry fee transfer account to the\ngeneral fund pursuant to chapter forty-one of the laws of nineteen\nhundred ninety, as amended by chapter one hundred sixty-six of the laws\nof nineteen hundred ninety-one, chapter fifty-five of the laws of\nnineteen hundred ninety-two, chapter fifty-seven of the laws of nineteen\nhundred ninety-three, chapter one hundred seventy of the laws of\nnineteen hundred ninety-four, chapter eighty-three of the laws of\nnineteen hundred ninety-five, chapter three hundred nine of the laws of\nnineteen hundred ninety-six and a chapter of the laws of nineteen\nhundred ninety-seven entitled "AN ACT making appropriations for the\nsupport of government and to amend chapter 63 of the laws of 1996\nrelating to making appropriations for the support of government, in\nrelation to extending the effectiveness thereof; to amend chapter 30 of\nthe laws of 1996, relating to a retirement incentive, in relation to\npayment schedules; to amend chapter 41 of the laws of 1990, relating to\nauthorizing and directing the transfer of hazardous waste remedial fund\nindustry fee transfer account balances and receipts to the general fund,\nand the state finance law, in relation to industry fee surcharges and\nthe calculations relating thereto; to amend chapter 83 of the laws of\n1995, amending the state finance law and other laws relating to state\nfinances, in relation to the deposit of funds; and to authorize the\ntransfer and deposit of various moneys," had been left on deposit in the\nindustry fee transfer account, and had been the only amount available to\ncover the transfers which would have been made pursuant to subdivision\neleven of this section if an actual balance had been available in the\nindustry fee transfer account at such time.\n (ii) an amount, as estimated by the comptroller, equal to the amount\nof interest which would otherwise have been earned on the amount\ndetermined by subparagraph (i) of this paragraph, if such amount had\nbeen left on deposit in the industry fee transfer account and accrued\nthrough the period for which the comptroller is estimating the available\naccount balances pursuant to paragraph (a) of this subdivision.\n 13. Upon the receipt of a certification provided pursuant to\nsubdivision twelve of this section, the state superfund management board\nshall review and analyze the historical pattern of revenue received by\nthe industry fee transfer account and the long term projection of future\ntransfers from such account, and shall report on or before December\nfirst of such year to the governor and the legislature its\nrecommendations, if any, as to the sources of additional revenues which\ncould be used to supplement the revenues to be received by such fund in\norder to achieve the equal sharing of debt service costs as implemented\nin subdivision nine of this section.\n 14. In the absence of further direction by law, effective April first\nof the fiscal year immediately following the certification by the\ncomptroller made pursuant to subdivision twelve of this section,\nsurcharges in the following amount shall be imposed: (a) twenty-five\npercent of the fees imposed by sections 72-0402 and 72-0502 of the\nenvironmental conservation law. Notwithstanding any other provision of\nlaw to the contrary, moneys collected from such surcharge shall be\ndeposited in their entirety to the industry fee transfer account\nestablished pursuant to subdivision one of this section; (b) fifty\npercent of the fees imposed by section 27-0923 of the environmental\nconservation law, except for those fees contained in paragraphs b and c\nof subdivision one, and paragraph b of subdivision two of such section,\nwhich shall be exempt from such surcharge. Moneys collected from such\nsurcharge shall be deposited to the industry fee transfer account\nestablished pursuant to subdivision one of this section.\n 15. On and after the date of such certification, the comptroller shall\nmaintain records with respect to such account to reflect each unpaid\ntransfer for the period during which it is unpaid. On and after such\ndate, any deposits in the industry fee transfer account shall be\nimmediately transferred to the general fund of the state until an amount\nequal to the total of any unpaid transfers and accumulated interest\nshall have been transferred to the general fund.\n