senate Bill S2979

Allows temporary inter-fund advances by river regulating districts

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 04 / Feb / 2011
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 04 / Jan / 2012
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Allows temporary inter-fund advances by river regulating districts.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A4520
Versions:
S2979
Legislative Cycle:
2011-2012
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง15-2141, En Con L
Versions Introduced in 2009-2010 Legislative Cycle:
A10135, S7010, A10135

Sponsor Memo

BILL NUMBER:S2979

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to inter-fund
advances by river regulating districts

PURPOSE:
To specifically authorize the Hudson River-Black River
Regulating District to temporarily advance monies between funds,
thereby enabling the District to pay the real property taxes it
currently owes to local school districts.

SUMMARY OF PROVISIONS:
This bill adds a new subdivision 3 to Section
15-2141 of the Environmental Conservation Law. This new subdivision
authorizes the Hudson River-Black River Regulating District to
temporarily advance monies held in any fund to any other fund of the
district.
It also provides that such transfers shall be authorized by resolution
of the Board and approved by the State Comptroller. The bill further
provides that such moneys shall be repaid as soon as available (but
in no event later than the close of the next succeeding budget
cycle), and that such amount shall include an amount reasonably
estimated to be the additional amount that would have been earned on
the investment of such moneys had the advance not been made.

EXISTING LAW:
Current law is devoid of specific authority permitting
the advance of monies from one fund of a regulating district to
another fund maintained by that same regulating district.

JUSTIFICATION:
This bill would authorize the Hudson River-Black River
Regulating District to temporarily advance monies between its accounts.

This legislation is necessary to enable the District to pay the real
property taxes it owes to several schools located around the Great
Sacandaga Lake and its watershed. The District has not yet paid its
school taxes for the current year, and this is placing a significant
strain and burden on these school districts.

A recent federal court decision has resulted in a temporary disruption
in the revenue stream for the Regulating District's Hudson River
operations. In order to address this temporary disruption and be able
to pay its bills -- especially its real property taxes to local
schools -- the District sought to make a temporary transfer of funds
between accounts. In the past, the District had made such an advance
to assist the Black River operations, and it sought to make a similar
transfer this time in order to assist the Hudson River operations.
However, the State Comptroller's Office raised questions about the
authority to make such transfers.

Instead, the Comptroller's Office suggested that the District seek
legislation to specifically authorize such fund transfers. This bill


would provide specific legal authority for such transfers, subject to
the approval of the State Comptroller's Office.

PRIOR LEGISLATIVE HISTORY:
A.10135 (2009-2010)

FISCAL IMPLICATIONS:
None to the State.

LOCAL FISCAL IMPLICATIONS:
This legislation is necessary to ensure that
local school districts are paid the property taxes. they are owed by
the Regulating District.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2979                                                  A. 4520

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 4, 2011
                               ___________

IN  SENATE  --  Introduced  by  Sens.  FARLEY,  LITTLE -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Environmental Conservation

IN ASSEMBLY -- Introduced by M. of A. BUTLER -- Multi-Sponsored by -- M.
  of  A.  SAYWARD -- read once and referred to the Committee on Environ-
  mental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  inter-fund advances by river regulating districts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.   Section 15-2141 of the  environmental  conservation  law,
subdivision  2  as amended by chapter 55 of the laws of 1992, is amended
to read as follows:
S 15-2141. Hudson River Regulating District and Black  River  Regulating
             District: funds of the board.
  1.  Notwithstanding  the  consolidation of the Hudson River Regulating
District and the Black River Regulating District into a single district,
effectuated by this title, or any other provision of THIS title  [21  of
this  article],  moneys  constituting  the  respective "general fund" or
"debt service fund" or other fund or funds of either  the  Hudson  River
Regulating  Board  or  District  or  the Black River Regulating Board or
District, shall remain and be kept  separate  and  apart  and  shall  be
applied  for  the  cost  of maintenance and operation in the area of the
appropriate district and to pay the debts and obligations of the  appro-
priate board or district, on whose account such moneys were received.
  2.  Notwithstanding  any  provision of sections 15-2137 and 15-2139 or
any other provision of THIS title [21 of this article], all moneys here-
after received by the Hudson River-Black River Regulating  District  and
its board, as consolidated, by reason of assessments or from the sale of
obligations  issued  or  from  other source, all for the purposes of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08420-01-1

S. 2979                             2                            A. 4520

respective areas  heretofore  comprising  the  Hudson  River  Regulating
District  or the Black River Regulating District, shall be kept separate
and apart and shall constitute "general funds" and "debt service  funds"
and  other fund or funds with the same force and effect as funds hereto-
fore constituted by the Hudson River Regulating Board or District and by
the Black River Regulating Board or District and shall be applied solely
for the cost of maintenance and operation in the respective  areas  from
which  the  moneys  were  received  and to pay the debts and obligations
accrued or as they become due in the areas where  the  debts  and  obli-
gations  were  incurred,  provided,  however,  that  the expenses of the
board, as consolidated by this part, and of its officers  and  employees
shall  be  paid from the appropriate "general funds" in the same propor-
tion as moneys are annually collected from  the  respective  areas.  The
provisions  of section 15-2129, in so far as the same are applicable and
not inconsistent herewith, shall apply as they relate  to  the  "general
fund", "debt service fund", and to the fund or funds of the district.
  3.  THE  HUDSON RIVER-BLACK RIVER REGULATING DISTRICT, NOTWITHSTANDING
THIS SECTION, OR ANY OTHER PROVISIONS OF  THIS  TITLE,  MAY  TEMPORARILY
ADVANCE  MONIES  HELD  IN  ANY  FUND TO ANY OTHER FUND OF THE REGULATING
DISTRICT. ANY SUCH TEMPORARY ADVANCE SHALL BE AUTHORIZED  BY  RESOLUTION
OF  THE  BOARD AND APPROVED BY THE STATE COMPTROLLER. MONEYS TEMPORARILY
ADVANCED PURSUANT TO THIS SECTION SHALL BE REPAID TO THE FUND FROM WHICH
THEY WERE ADVANCED AS SOON AS AVAILABLE, BUT IN NO EVENT LATER THAN  THE
CLOSE  OF THE NEXT SUCCEEDING REGULATING DISTRICT BUDGET CYCLE FOLLOWING
THE CLOSE OF THE BUDGET CYCLE IN WHICH THE ADVANCE WAS MADE.  IF  MONEYS
FROM  A  FUND  WHICH,  IF  RAISED BY TAXES, SPECIAL AD VALOREM LEVIES OR
SPECIAL ASSESSMENTS, WOULD BE RAISED  FROM  TAXES,  SPECIAL  AD  VALOREM
LEVIES  OR  SPECIAL  ASSESSMENTS  ON A DIFFERENT BASE OF PROPERTIES THAN
THOSE FOR WHICH TAXES, AD VALOREM LEVIES OR SPECIAL ASSESSMENTS WOULD BE
RAISED FOR THE FUND TO WHICH THE ADVANCE IS MADE,  THE  REPAYMENT  SHALL
INCLUDE  AN AMOUNT REASONABLY ESTIMATED TO BE THE ADDITIONAL AMOUNT THAT
WOULD HAVE BEEN EARNED ON THE INVESTMENT OF MONEYS IN  THE  FUND  MAKING
THE ADVANCE HAD THE ADVANCE NOT BEEN MADE.
  S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.