S T A T E   O F   N E W   Y O R K
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                                  10519

                          I N  A S S E M B L Y

                              June 1, 2012
                               ___________

Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Sweeney,
  Latimer) -- read once and referred to the Committee  on  Environmental
  Conservation

AN ACT to amend the environmental conservation law and the state finance
  law, in relation to requiring retained deposits on unredeemed contain-
  ers to be deposited into the environmental protection fund

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

  Section 1. Subdivision 5  of  section  27-1012  of  the  environmental
conservation  law, as added by section 8 of part SS of chapter 59 of the
laws of 2009, is amended to read as follows:
  5. [All] A. THE monies collected or  received  by  the  department  of
taxation  and  finance  pursuant to this title shall be deposited to the
credit of the comptroller with such responsible banks, banking houses or
trust companies as may be designated by the comptroller.  Such  deposits
shall be kept separate and apart from all other moneys in the possession
of the comptroller. The comptroller shall require adequate security from
all  such  depositories. Of the total revenue collected, the comptroller
shall retain the amount determined by the commissioner of  taxation  and
finance  to  be  necessary for refunds out of which the comptroller must
pay any refunds to which a deposit  initiator  may  be  entitled.  After
reserving  the amount to pay refunds, the comptroller must, by the tenth
day of each month, pay into the state treasury  to  the  credit  of  the
general  fund  OR  INTO THE ENVIRONMENTAL PROTECTION FUND, IN ACCORDANCE
WITH THE SCHEDULE LISTED BELOW, the revenue deposited under this  subdi-
vision  during  the  preceding calendar month and remaining to the comp-
troller's credit on the last day of that preceding month. THE PORTION OF
THE REVENUE TO BE DEPOSITED INTO THE ENVIRONMENTAL PROTECTION FUND AFTER
THE AMOUNT TO PAY REFUNDS HAS BEEN RESERVED SHALL BE:
  (I) TEN MILLION DOLLARS OF THE REVENUE IN  FISCAL  YEAR  TWO  THOUSAND
THIRTEEN-TWO THOUSAND FOURTEEN;
  (II) TWENTY MILLION DOLLARS OF THE REVENUE IN FISCAL YEAR TWO THOUSAND
FOURTEEN-TWO THOUSAND FIFTEEN;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16102-01-2
              

A. 10519                            2

  (III)  THIRTY  MILLION DOLLARS OF THE REVENUE IN FISCAL YEAR TWO THOU-
SAND FIFTEEN-TWO THOUSAND SIXTEEN;
  (IV)  FORTY MILLION DOLLARS OF THE REVENUE IN FISCAL YEAR TWO THOUSAND
SIXTEEN-TWO THOUSAND SEVENTEEN;
  (V) FIFTY MILLION DOLLARS IN FISCAL YEAR  TWO  THOUSAND  SEVENTEEN-TWO
THOUSAND EIGHTEEN; AND
  (VI)   FIFTY-SIX   MILLION   DOLLARS   IN  FISCAL  YEAR  TWO  THOUSAND
EIGHTEEN-TWO THOUSAND NINETEEN AND EVERY YEAR THEREAFTER.
  B. THE MONIES ALLOCATED TO THE ENVIRONMENTAL PROTECTION FUND  BY  THIS
SUBDIVISION  SHALL BE IN ADDITION TO ANY OTHER MONEY ALLOCATED OR APPRO-
PRIATED TO THE FUND.
  S 2. Subdivision 3 of section  92-s  of  the  state  finance  law,  as
amended  by  section  2  of part T of chapter 59 of the laws of 2009, is
amended to read as follows:
  3. Such fund shall consist of the amount of revenue  collected  within
the  state  from the amount of revenue, interest and penalties deposited
pursuant to section fourteen hundred twenty-one  of  the  tax  law,  the
amount  of fees and penalties received from easements or leases pursuant
to subdivision fourteen of section seventy-five of the public lands  law
and  the  money  received  as annual service charges pursuant to section
four hundred four-l of the vehicle and traffic law, all moneys  required
to  be  deposited  therein from the contingency reserve fund pursuant to
section two hundred ninety-four of chapter fifty-seven of  the  laws  of
nineteen  hundred  ninety-three,  all  moneys  required  to be deposited
pursuant to section thirteen of chapter six hundred ten of the  laws  of
nineteen  hundred  ninety-three,  repayments  of  loans made pursuant to
section 54-0511 of the environmental conservation law, all moneys to  be
deposited from the Northville settlement pursuant to section one hundred
twenty-four  of  chapter  three  hundred  nine  of  the laws of nineteen
hundred ninety-six, provided however, that such  moneys  shall  only  be
used  for  the cost of the purchase of private lands in the core area of
the central Suffolk pine barrens pursuant to a consent  order  with  the
Northville  industries  signed  on  October thirteenth, nineteen hundred
ninety-four and the related resource restoration and  replacement  plan,
the  amount  of  penalties  required  to be deposited therein by section
71-2724 of the environmental conservation law, all moneys required to be
deposited pursuant to article thirty-three of the environmental  conser-
vation  law, all fees collected pursuant to subdivision eight of section
70-0117 of the environmental conservation law[, as added by a chapter of
the laws of two thousand nine], all moneys collected pursuant  to  title
thirty-three  of article fifteen of the environmental conservation law[,
as added by a chapter of the laws of  two  thousand  nine],  ALL  MONEYS
REQUIRED  TO  BE  DEPOSITED  PURSUANT TO SECTION 27-1012 OF THE ENVIRON-
MENTAL CONSERVATION LAW and all other  moneys  credited  or  transferred
thereto  from any other fund or source pursuant to law. All such revenue
shall be initially deposited into the environmental protection fund, for
application as provided in subdivision five of this section.
  S 3. This act shall take effect immediately.