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

                                  1658

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. COLTON -- read once and referred to the Committee
  on Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  restricting the use of chlorinated solvents in this state

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

  Section 1. The legislature finds and declares that:
  (a) Virtually all chlorinated organic compounds that have been studied
exhibit  at  least  one of a wide range of serious toxic effects such as
endocrine dysfunction, developmental impairment, birth  defects,  repro-
ductive dysfunction and infertility, hormonal disruption, immunosuppres-
sion, and cancer, often at extremely low doses.
  (b) Stratospheric ozone depletion caused in part by the use of chlori-
nated  compounds  including  chlorinated  solvents  is expected to cause
millions of additional cases of human skin cancer, cataracts and  immune
suppression,  as  well  as major effects on aquatic and terrestrial food
chains.
  (c) The use  of  chlorinated  solvents  such  as  methylene  chloride,
trichloroethylene  and perchloroethylene in industrial and manufacturing
processes has been recognized as posing significant workplace hazards.
  (d) The weight of scientific evidence indicates that exposure  to  all
organochlorines  should be presumed to pose a health risk, and therefore
policies to protect public health should be directed  toward  eventually
achieving no exposure to chlorinated organic chemicals as a class rather
than focusing on a series of individual chemicals.
  (e)  Numerous  public health and environmental organizations including
the American Public  Health  Association  and  the  International  Joint
Commission  have recommended that the only feasible and prudent approach
to eliminating the release and discharge of chlorinated  organic  chemi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01328-01-9
              

A. 1658                             2

cals  and  consequent  exposure  is to avoid the use of chlorine and its
compounds in manufacturing processes.
  (f)  The  implementation  of  such a goal should proceed with priority
being given to industry sectors causing severe organochlorine pollution.
  (g) Chlorinated solvents have been identified  in  numerous  hazardous
waste  sites  in  the state and are considered major contributors to the
toxic contamination of many of the state's public and  private  drinking
water sources.
  (h)  Alternative  processes and substitute chemicals already exist for
most uses of chlorinated solvents.
  S 2. The environmental conservation law is amended  by  adding  a  new
article 48 to read as follows:
                                ARTICLE 48
                          CHLORINATED SOLVENTS
SECTION 48-0101. DEFINITION.
        48-0103. RESTRICTIONS ON THE USE, MANUFACTURE OR SALE OF CHLORI-
                   NATED SOLVENTS.
        48-0105. SAFE ALTERNATIVES POLICY.
        48-0107. SURCHARGE IMPOSED.
        48-0109. REVOLVING LOAN PROGRAM.
        48-0111. CHLORINATED SOLVENT PHASE-OUT REVOLVING LOAN ACCOUNT.
S 48-0101. DEFINITION.
  AS  USED  IN  THIS  ARTICLE, "CHLORINATED SOLVENT" MEANS THE FOLLOWING
CHLORINE-BASED   CHEMICALS:   METHYLENE   CHLORIDE,   PERCHLOROETHYLENE,
TRICHLOROETHYLENE AND METHYL CHLOROFORM.
S 48-0103.  RESTRICTIONS ON THE USE, MANUFACTURE OR SALE OF CHLORINATED
              SOLVENTS.
  1. EXCEPT AS PROVIDED UNDER SUBDIVISION TWO OR THREE OF THIS SECTION:
  (A)  ON AND AFTER JANUARY FIRST, TWO THOUSAND TWELVE, NO PERSON IN THE
STATE SHALL MANUFACTURE, USE OR SELL ANY AMOUNT OF  CHLORINATED  SOLVENT
FOR  THE  FOLLOWING PURPOSES: METAL CLEANING OPERATIONS, PAINT REMOVERS,
INDUSTRIAL  SOLVENTS,  FOAM  BLOWING,  PAINTS  AND  COATINGS,  AEROSOLS,
SYNTHETIC PESTICIDES, AND FOOD PROCESSING;
  (B)  ON  AND  AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN, NO PERSON IN
THE STATE SHALL MANUFACTURE, USE  OR  SELL  ANY  AMOUNT  OF  CHLORINATED
SOLVENT FOR THE FOLLOWING PURPOSES: DRY CLEANING AND TEXTILE PROCESSING;
  (C) ON AND AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, NO PERSON IN THE
STATE  SHALL  MANUFACTURE, USE OR SELL ANY AMOUNT OF CHLORINATED SOLVENT
FOR ANY PURPOSE INCLUDING CHEMICAL PROCESSING, ELECTRONICS,  FILM  PROC-
ESSING AND FIBERS.
  ALL  PRODUCERS,  USERS  OR SELLERS OF CHLORINATED SOLVENTS OR PRODUCTS
CONTAINING ANY CHLORINATED SOLVENT SHALL ANNUALLY PROVIDE TO THE COMMIS-
SIONER AN INVENTORY AND DESCRIPTION OF THEIR PRODUCTION, USE AND SALE OF
CHLORINATED SOLVENTS WITHIN THE STATE. THE COMMISSIONER SHALL, NO  LATER
THAN  JANUARY FIRST, TWO THOUSAND TEN, ISSUE REGULATIONS PRESCRIBING THE
REPORTING REQUIREMENTS OF THIS SUBDIVISION.
  2. ANY PERSON MAY PETITION THE COMMISSIONER FOR AN EXEMPTION FROM  THE
REQUIREMENTS  OF  SUBDIVISION  ONE OF THIS SECTION, AND THE COMMISSIONER
MAY GRANT BY RULE SUCH AN EXEMPTION IF THE COMMISSIONER FINDS THAT:
  (A) THE CONTINUED USE OF THE CHLORINATED SOLVENT SERVES  A  COMPELLING
PUBLIC NEED;
  (B)  AN UNREASONABLE RISK OF INJURY TO HEALTH OR ENVIRONMENT WOULD NOT
RESULT; AND
  (C) GOOD FAITH EFFORTS HAVE BEEN MADE TO DEVELOP AN ALTERNATIVE  PROC-
ESS OR CHEMICAL SUBSTANCE WHICH DOES NOT PRESENT AN UNREASONABLE RISK OF

A. 1658                             3

INJURY  TO  HEALTH  OR  THE ENVIRONMENT AND WHICH MAY BE SUBSTITUTED FOR
SUCH CHLORINATED SOLVENT.
  AN  EXEMPTION  GRANTED UNDER THIS SUBDIVISION SHALL BE SUBJECT TO SUCH
TERMS AND CONDITIONS AS THE COMMISSIONER MAY PRESCRIBE AND SHALL  BE  IN
EFFECT  FOR SUCH PERIOD (BUT NOT MORE THAN TWO YEARS FROM THE DATE WHICH
IT IS GRANTED) AS THE COMMISSIONER  MAY  PRESCRIBE.  SUCH  AN  EXEMPTION
SHALL NOT BE RENEWED MORE THAN ONCE.
  3.  EDUCATIONAL/MEDICAL  USERS  SHALL BE EXEMPT FROM THE PROVISIONS OF
SUBDIVISION ONE OF THIS SECTION, PROVIDED THAT SAID  EDUCATIONAL/MEDICAL
USERS  SHALL  ANNUALLY  PROVIDE  TO  THE  COMMISSIONER  AN INVENTORY AND
DESCRIPTION OF THEIR USE OF ANY CHLORINATED SOLVENT  WITHIN  THE  STATE.
SAID  EDUCATIONAL/MEDICAL  USERS  SHALL  USE  ANY SUCH SUBSTANCE ONLY IN
CONNECTION WITH INSTRUCTION, EDUCATION, RESEARCH OR  MEDICAL  TREATMENT.
THE  COMMISSIONER  SHALL, NO LATER THAN JANUARY FIRST, TWO THOUSAND TEN,
ISSUE REGULATIONS PRESCRIBING THE REPORTING REQUIREMENTS OF THIS  SUBDI-
VISION.
  4.  THE  DEPARTMENT  AND  THE ENVIRONMENTAL FACILITIES CORPORATION, IN
COOPERATION WITH USERS AND  PRODUCERS  OF  CHLORINATED  SOLVENTS,  SHALL
ESTABLISH  AN  INTENSIVE  TECHNOLOGY  TRANSFER,  RESEARCH  AND TECHNICAL
ASSISTANCE PROGRAM TO DISSEMINATE INFORMATION REGARDING AVAILABLE ALTER-
NATIVES TO THE USE OF CHLORINATED SOLVENTS AND TO DEVELOP NEW  TECHNOLO-
GIES THAT MAY BE SUBSTITUTED FOR CHLORINATED SOLVENT USE.
  5.  THE  COMMISSIONER  SHALL, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF
THIS ARTICLE, ESTABLISH  AN  ADVISORY  TASK  FORCE  TO  INVESTIGATE  AND
ANALYZE THE IMPACT OF THIS ARTICLE ON THE WORK FORCE AND INDUSTRY OF THE
STATE.  IN  ADDITION, THE TASK FORCE SHALL RECOMMEND MEASURES TO PROVIDE
TRAINING FOR AFFECTED WORKERS, TO ATTRACT NEW BUSINESSES TO THE STATE IN
THE AREA OF  ALTERNATIVE  TECHNOLOGIES,  AND  TO  OTHERWISE  ASSIST  THE
STATE'S  LABOR  FORCE IN ADAPTING TO THE PROVISIONS OF THIS ARTICLE. THE
TASK FORCE SHALL CONSIST OF NINE MEMBERS  INCLUDING  THREE  REPRESENTING
THE  PUBLIC  HEALTH SECTOR AND TWO EACH REPRESENTING THE LABOR, BUSINESS
AND ENVIRONMENTAL SECTORS.
S 48-0105. SAFE ALTERNATIVES POLICY.
  NO FACILITY SHALL REPLACE THE MANUFACTURE, PROCESSING, USE OR SALE  OF
ANY  CHLORINATED  SOLVENT  WITH ANY SUBSTITUTE TOXIC SUBSTANCE THAT IS A
KNOWN OR PROBABLE CARCINOGEN, TERATOGEN OR MUTAGEN, OR WITH ANY ALTERNA-
TIVE PRODUCT OR PROCESS THAT CREATES AN UNREASONABLE  RISK  OF  HARM  TO
PUBLIC  HEALTH,  WORKERS,  CONSUMERS  OR  ANY PART OF THE ENVIRONMENT AS
DETERMINED BY THE COMMISSIONER.
S 48-0107. SURCHARGE IMPOSED.
  1. ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, A  SURCHARGE  SHALL  BE
LEVIED ON THE PRIVILEGE OF PRODUCING IN, IMPORTING INTO OR CAUSING TO BE
IMPORTED  INTO  THE  STATE METHYLENE CHLORIDE, PERCHLOROETHYLENE (TETRA-
CHLOROETHYLENE), TRICHLOROETHYLENE OR METHYL CHLOROFORM. A SURCHARGE  OF
FIVE  DOLLARS  PER  GALLON  SHALL  BE LEVIED ON EACH GALLON OF METHYLENE
CHLORIDE, PERCHLOROETHYLENE (TETRACHLOROETHYLENE), TRICHLOROETHYLENE AND
METHYL CHLOROFORM WHEN FIRST IMPORTED INTO OR PRODUCED IN THE STATE. THE
SURCHARGE SHALL BE IMPOSED WHEN TRANSFER  OF  TITLE  OR  POSSESSION,  OR
BOTH, OF THE PRODUCT OCCURS IN THIS STATE OR WHEN THE PRODUCT COMMINGLES
WITH THE GENERAL MASS OF THIS STATE.
  2.  ANY  PERSON PRODUCING IN, IMPORTING INTO OR CAUSING TO BE IMPORTED
INTO THIS STATE METHYLENE CHLORIDE, PERCHLOROETHYLENE  (TETRACHLOROETHY-
LENE),  TRICHLOROETHYLENE  AND/OR  METHYL  CHLOROFORM  FOR  SALE, USE OR
OTHERWISE SHALL REGISTER WITH THE COMMISSIONER AND BECOME  LICENSED  FOR
THE  PURPOSE  OF  REMITTING THE SURCHARGE PURSUANT TO THIS SECTION. SUCH
PERSON MUST REGISTER AS EITHER A PRODUCER OR IMPORTER OF METHYLENE CHLO-

A. 1658                             4

RIDE, PERCHLOROETHYLENE (TETRACHLOROETHYLENE), TRICHLOROETHYLENE  AND/OR
METHYL  CHLOROFORM.  PERSONS  OPERATING  AT MORE THAN ONE LOCATION SHALL
ONLY BE REQUIRED TO HAVE A SINGLE REGISTRATION. EACH SUCH  PERSON  SHALL
PAY AN ANNUAL REGISTRATION FEE OF THIRTY DOLLARS.
  3. THE SURCHARGE IMPOSED BY THIS SECTION SHALL BE DUE ON THE FIRST DAY
OF  THE MONTH SUCCEEDING THE MONTH OF PRODUCTION, IMPORTATION OR REMOVAL
FROM A STORAGE FACILITY AND MUST BE PAID ON OR BEFORE THE  TWENTIETH  OF
EACH  MONTH.  THE  SURCHARGE  SHALL  BE  REPORTED ON FORMS IN THE MANNER
PRESCRIBED BY THE COMMISSIONER.
  4. ANY PERSON SUBJECT TO THE  SURCHARGE  UNDER  THIS  SECTION  OR  ANY
PERSON  WHO  SELLS  SURCHARGE-PAID METHYLENE CHLORIDE, PERCHLOROETHYLENE
(TETRACHLOROETHYLENE), TRICHLOROETHYLENE AND/OR METHYL CHLOROFORM, OTHER
THAN RETAIL DEALER, SHALL SEPARATELY STATE THE AMOUNT OF SUCH  SURCHARGE
PAID  ON  ANY  CHARGE  TICKET,  SALES  SLIP,  INVOICE  OR OTHER TANGIBLE
EVIDENCE OF THE SALE OR MUST CERTIFY ON  THE  SALES  DOCUMENT  THAT  THE
SURCHARGE REQUIRED PURSUANT TO THIS SECTION HAS BEEN PAID.
  5.  ALL  METHYLENE  CHLORIDE, PERCHLOROETHYLENE (TETRACHLOROETHYLENE),
TRICHLOROETHYLENE AND METHYL CHLOROFORM IMPORTED, PRODUCED  OR  SOLD  IN
THIS  STATE  IS  PRESUMED TO BE SUBJECT TO THE SURCHARGE IMPOSED BY THIS
SECTION. ANY PERSON, EXCEPT THE FINAL RETAIL CONSUMER, WHO HAS PURCHASED
METHYLENE CHLORIDE, PERCHLOROETHYLENE (TETRACHLOROETHYLENE), TRICHLOROE-
THYLENE OR METHYL CHLOROFORM MUST DOCUMENT THAT THE SURCHARGE IMPOSED BY
THIS SECTION HAS BEEN PAID OR MUST PAY SUCH SURCHARGE  DIRECTLY  TO  THE
DEPARTMENT IN ACCORDANCE WITH THIS SECTION.
  6.  THE  DEPARTMENT  MAY AUTHORIZE A QUARTERLY RETURN AND PAYMENT WHEN
THE SURCHARGE REMITTED BY THE LICENSEE FOR A PRECEDING QUARTER  DID  NOT
EXCEED  ONE  HUNDRED  DOLLARS;  MAY  AUTHORIZE  A  SEMIANNUAL RETURN AND
PAYMENT WHEN THE SURCHARGE REMITTED BY THE LICENSEE  FOR  THE  PRECEDING
SIX  MONTHS  DID  NOT  EXCEED  TWO HUNDRED DOLLARS; AND MAY AUTHORIZE AN
ANNUAL RETURN AND PAYMENT WHEN THE SURCHARGE REMITTED  BY  THE  LICENSEE
FOR THE PRECEDING TWELVE MONTHS DID NOT EXCEED FOUR HUNDRED DOLLARS.
  7.  THE  SURCHARGE  IMPOSED  BY  THIS SECTION SHALL BE REPORTED TO THE
DEPARTMENT. THE PAYMENT SHALL  BE  ACCOMPANIED  BY  SUCH  FORMS  AS  THE
DEPARTMENT  PRESCRIBES.  THE  PROCEEDS OF THE SURCHARGE, AFTER DEDUCTING
THE ADMINISTRATIVE COSTS INCURRED BY THE  DEPARTMENT  IN  ADMINISTERING,
AUDITING,  COLLECTING, DISTRIBUTING AND ENFORCING THE SURCHARGE SHALL BE
TRANSFERRED BY THE DEPARTMENT INTO  THE  CHLORINATED  SOLVENT  PHASE-OUT
REVOLVING  LOAN ACCOUNT AND SHALL BE USED IN ACCORDANCE WITH THE REVOLV-
ING LOAN PROGRAM ESTABLISHED IN SECTION 48-0109 OF THIS ARTICLE.
  8. FOR THE PURPOSES OF THIS SECTION, THE  PROCEEDS  OF  THE  SURCHARGE
SHALL  INCLUDE FUNDS COLLECTED AND RECEIVED BY THE DEPARTMENT, INCLUDING
INTEREST AND PENALTIES ON DELINQUENT SURCHARGES.
  9.  METHYLENE   CHLORIDE,   PERCHLOROETHYLENE   (TETRACHLOROETHYLENE),
TRICHLOROETHYLENE  AND METHYL CHLOROFORM EXPORTED FROM THE FIRST STORAGE
FACILITY AT WHICH IT IS HELD IN THIS STATE BY THE PRODUCER  OR  IMPORTER
SHALL  BE  EXEMPT  FROM  THE  SURCHARGE PURSUANT TO THIS SECTION. ANYONE
EXPORTING METHYLENE CHLORIDE,  PERCHLOROETHYLENE  (TETRACHLOROETHYLENE),
TRICHLOROETHYLENE  AND  METHYL  CHLOROFORM ON WHICH A SURCHARGE HAS BEEN
PAID MAY APPLY FOR A REFUND OR CREDIT. THE COMMISSIONER MAY REQUIRE SUCH
INFORMATION AS HE OR SHE DEEMS NECESSARY IN ORDER TO APPROVE THE  REFUND
OR CREDIT.
  10.  ANY PERSON WHO FAILS TO TIMELY REGISTER OR WHO KNOWINGLY GIVES OR
CAUSES TO BE GIVEN ANY FALSE INFORMATION AS A PART OF  THE  REGISTRATION
OR  APPLICATION FOR FINANCIAL ASSISTANCE OR FAILS TO REMIT THE SURCHARGE
IN A TIMELY FASHION SHALL BE LIABLE FOR A PENALTY OF NOT MORE  THAN  TEN
THOUSAND  DOLLARS IN A COURT OF COMPETENT JURISDICTION. IF THE VIOLATION

A. 1658                             5

IS OF A CONTINUING NATURE, EACH DAY  DURING  WHICH  IT  CONTINUES  SHALL
CONSTITUTE AN ADDITIONAL, SEPARATE AND DISTINCT OFFENSE.
S 48-0109. REVOLVING LOAN PROGRAM.
  THE  ENVIRONMENTAL  FACILITIES  CORPORATION,  IN CONSULTATION WITH THE
COMMISSIONER, SHALL ESTABLISH A REVOLVING LOAN PROGRAM TO BE  FUNDED  BY
APPROPRIATIONS  FROM  THE  CHLORINATED  SOLVENT PHASE-OUT REVOLVING LOAN
ACCOUNT ESTABLISHED PURSUANT TO  SECTION  48-0111  OF  THIS  ARTICLE  TO
PROVIDE  FINANCIAL  ASSISTANCE TO ANY PERSON TO MEET COSTS IN SATISFYING
THE REQUIREMENTS AS PROVIDED IN THIS SECTION.  UPON  CERTIFICATION  FROM
THE  ENVIRONMENTAL  FACILITIES  CORPORATION  AND  THE  COMMISSIONER, THE
ADMINISTRATOR MAY PROVIDE SUCH LOAN TO A PERSON UPON RECEIPT OF A  WRIT-
TEN  AGREEMENT  PROVIDING  REASONABLE  ASSURANCES  OF  REPAYMENT THAT IS
SATISFACTORY TO THE COMPTROLLER. SUCH LOAN SHALL NOT  BEAR  INTEREST  ON
THE  REPAYMENT  OF SUCH LOAN PROVIDED THAT THE TERM OF THE LOAN DOES NOT
EXCEED ONE YEAR. THE AMOUNT OF THE LOAN SHALL  NOT  EXCEED  ONE  HUNDRED
THOUSAND  DOLLARS.  THE  ENVIRONMENTAL  FACILITIES  CORPORATION  AND THE
COMMISSIONER SHALL ONLY CERTIFY SUCH LOANS AFTER  A  FINDING  THAT  SUCH
PERSON  HAS A PLAN TO MEET THE REQUIREMENTS AS PROVIDED IN THIS SECTION.
THE  ENVIRONMENTAL  FACILITIES  CORPORATION  AND  THE  DEPARTMENT,  WITH
CONSULTATION  FROM  THE  COMPTROLLER,  SHALL  PROMULGATE RULES AND REGU-
LATIONS WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE FOR THE
OPERATION OF THE CHLORINATED SOLVENT PHASE-OUT  REVOLVING  LOAN  ACCOUNT
WHICH  SHALL  INCLUDE, BUT NOT BE LIMITED TO, THE CRITERIA TO BE USED IN
DETERMINING ELIGIBILITY FOR ASSISTANCE; A PROCEDURE  AND  ANY  NECESSARY
INFORMATION THAT ANY PERSON NEEDS TO SUBMIT APPLICATIONS FOR A LOAN FROM
THE CHLORINATED SOLVENT PHASE-OUT REVOLVING LOAN ACCOUNT; AND A SCHEDULE
OF REVIEWING SUCH APPLICATIONS, NOT TO EXCEED THIRTY DAYS, AND NOTIFICA-
TION  TO AN APPLICANT OF APPROVAL OR DISAPPROVAL OF SUCH APPLICATION FOR
FUNDING AND ANY OTHER REQUIREMENTS DEEMED NECESSARY BY THE  COMPTROLLER.
THE  ENVIRONMENTAL  FACILITIES  CORPORATION  AND  THE COMMISSIONER SHALL
COMPILE AND MAKE AVAILABLE INFORMATION REGARDING  THE  AVAILABILITY  AND
APPLICATION FOR SUCH LOANS.
S 48-0111. CHLORINATED SOLVENT PHASE-OUT REVOLVING LOAN ACCOUNT.
  1.  THE CHLORINATED SOLVENT PHASE-OUT REVOLVING LOAN ACCOUNT IS HEREBY
ESTABLISHED TO CARRY OUT THE PURPOSES  OF  THIS  ARTICLE.  SUCH  ACCOUNT
SHALL  CONSIST OF ALL FINES, PENALTIES, JUDGMENTS, RECOVERIES, AND OTHER
FEES AND  CHARGES  COLLECTED  FOR  NONREMITTANCE  OF  THE  SURCHARGE  AS
REQUIRED  BY SECTION 48-0107 OF THIS ARTICLE, SURCHARGE REVENUES LEVIED,
COLLECTED AND CREDITED PURSUANT TO THE  SURCHARGE  PROVIDED  IN  SECTION
48-0107  OF  THIS ARTICLE, INTEREST RECEIVED ON SUCH MONEY AND ANY MONEY
MADE AVAILABLE PURSUANT TO APPROPRIATION. THE COMPTROLLER SHALL  APPOINT
AND  SUPERVISE  AN ADMINISTRATOR OF THE FUND. THE ADMINISTRATOR SHALL BE
THE CHIEF EXECUTIVE OF THE FUND AND SHALL DISBURSE MONEY FROM  THE  FUND
PURSUANT  TO CERTIFICATION FROM THE ENVIRONMENTAL FACILITIES CORPORATION
AND THE COMMISSIONER.
  2. THE COMPTROLLER MAY INVEST AND REINVEST ANY MONEYS IN SAID FUND  IN
OBLIGATIONS IN WHICH THE COMPTROLLER IS AUTHORIZED TO INVEST PURSUANT TO
THE  PROVISIONS  OF  SECTION  NINETY-EIGHT OF THE STATE FINANCE LAW. ANY
INCOME OR INTEREST DERIVED FROM SUCH INVESTMENT SHALL BE INCLUDED IN THE
ACCOUNT.
  3. MONIES WITHIN THE  CHLORINATED  SOLVENT  PHASE-OUT  REVOLVING  LOAN
ACCOUNT,  UPON APPROPRIATION BY THE LEGISLATURE, SHALL BE MADE AVAILABLE
TO THE ENVIRONMENTAL FACILITIES CORPORATION  FOR  THE  PURPOSE  OF  THIS
ARTICLE.  NO  MONIES  WITHIN  THIS  ACCOUNT  SHALL BE USED TO FUND STATE
PERSONNEL. MONIES SHALL BE PAID OUT OF THE  ACCOUNT  ON  THE  AUDIT  AND

A. 1658                             6

WARRANT  OF  THE  COMPTROLLER  ON  VOUCHERS CERTIFIED OR APPROVED BY THE
ADMINISTRATOR OF THE ACCOUNT.
  S  3.  Severability.  The provisions of this act are severable, and if
any of its provisions or an application thereof shall be held  unconsti-
tutional  by  any  court of competent jurisdiction, the decision of such
court shall not affect or impair any  of  the  remaining  provisions  or
other applications thereof.
  S 4. This act shall take effect immediately.