Senate Bill S6804

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

                                  6804

                            I N  S E N A T E

                            February 9, 2010
                               ___________

Introduced  by  Sens.  MARCELLINO, HANNON, PADAVAN, VOLKER -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Environmental Conservation

AN ACT to amend the environmental conservation law and the state finance
  law, in relation to a course of action for  the  repayment  of  monies
  transferred  from  the  environmental  protection  fund to the general
  fund; and to amend the tax law, in relation to the deposit and  dispo-
  sition of revenues in the environmental protection fund

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

  Section 1. Section 54-0109 of the environmental  conservation  law  is
amended by adding a new closing paragraph to read as follows:
  IN  ADDITION,  THE  DIVISION  OF  THE BUDGET, IN CONSULTATION WITH THE
STATE COMPTROLLER, SHALL DEVELOP A COURSE OF ACTION  FOR  THE  REPAYMENT
OVER  THE  NEXT  FIVE YEARS OF MONIES TRANSFERRED FROM THE ENVIRONMENTAL
PROTECTION FUND TO THE GENERAL FUND. SUCH  COURSE  OF  ACTION  SHALL  BE
INCLUDED IN THE REPORT.
  S  2. Section 92-s of the state finance law is amended by adding a new
subdivision 10 to read as follows:
  10. NO LATER THAN APRIL FIRST, TWO THOUSAND TWELVE, DEPOSITS SHALL  BE
COMMENCED  IN  ACCORDANCE WITH THE COURSE OF ACTION SET FORTH IN SECTION
54-0109 OF THE ENVIRONMENTAL CONSERVATION  LAW  AND  CONCLUDE  BY  APRIL
FIRST, TWO THOUSAND SEVENTEEN, FOR PAST TRANSFERS MADE FROM THE ENVIRON-
MENTAL PROTECTION FUND INTO THE GENERAL FUND.
  S  3.  Subdivision  9  of  section  92-s  of the state finance law, as
amended by section 1 of part B of chapter 59 of the  laws  of  2008,  is
amended to read as follows:
  9.  Notwithstanding  any  other  law to the contrary and in accordance
with section four of this chapter, the comptroller is hereby  authorized
at the direction of the director of the division of the budget to trans-
fer  moneys  from  the general fund to the environmental protection fund
for the  purpose  of  maintaining  the  solvency  of  the  environmental
protection  fund.  If,  in  any fiscal year, moneys in the environmental
protection fund are deemed insufficient by the director of the  division

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

                                                           LBD15472-02-0

S. 6804                             2

of  the budget to meet actual and anticipated disbursements from enacted
appropriations or reappropriations made pursuant to  this  section,  the
comptroller  shall  at  the direction of the director of the division of
the  budget,  transfer  from  the  general  fund  to  the  environmental
protection fund moneys  sufficient  to  meet  such  disbursements.  Such
transfers  shall be made only upon certification of need by the director
of the division of the budget, with copies of such  certification  filed
with the chairperson of the senate finance committee, the chairperson of
the  assembly  ways  and  means committee and the state comptroller. The
aggregate amount of all transfers shall not exceed [four hundred  forty-
seven]  FIVE  HUNDRED  SEVEN  million  one  hundred seventy-one thousand
dollars.
  S 4. Section 1421 of the tax law, as amended by section 1 of part T of
chapter 59 of the laws of 2009, is amended to read as follows:
  S 1421. Deposit and dispositions of revenues. From the taxes, interest
and penalties attributable to the tax imposed pursuant to section  four-
teen  hundred  two  of this article, the amount of thirty-three and one-
half million dollars shall be deposited by the comptroller in the  envi-
ronmental  protection  fund established pursuant to section ninety-two-s
of the state finance law for the  fiscal  year  beginning  April  first,
nineteen hundred ninety-five; the amount of eighty-seven million dollars
shall  be  deposited  in  such fund for the fiscal years beginning April
first, nineteen hundred ninety-six and  nineteen  hundred  ninety-seven;
the  amount  of one hundred twelve million dollars shall be deposited in
such fund for the fiscal years beginning April first,  nineteen  hundred
ninety-eight,  nineteen  hundred ninety-nine, two thousand, two thousand
one, two thousand two, two thousand three, two  thousand  four  and  two
thousand  five;  the  amount of one hundred thirty-seven million dollars
shall be deposited in such fund for  the  fiscal  year  beginning  April
first,  two  thousand  six;  the  amount  of  two hundred twelve million
dollars shall be deposited in such fund for the  fiscal  year  beginning
April  first, two thousand seven; the amount of two hundred thirty-seven
million dollars shall be deposited in such  fund  for  the  fiscal  year
beginning  April  first,  two  thousand eight; the amount of one hundred
ninety-nine million three hundred thousand dollars shall be deposited in
such fund for four fiscal years  beginning  April  first,  two  thousand
nine;  AND  THE AMOUNT OF TWO HUNDRED EIGHTY-SEVEN MILLION DOLLARS SHALL
BE DEPOSITED IN SUCH FUND FOR THE FISCAL YEAR BEGINNING APRIL FIRST, TWO
THOUSAND TWELVE; and for each fiscal year thereafter;  provided  however
that  at  the  direction  of  the  director of the budget, an additional
amount of up to twenty-five million dollars may  be  deposited  in  such
fund  for  the fiscal year beginning April first, two thousand seven and
ending March  thirty-first,  two  thousand  eight,  for  disposition  as
provided under such section. On or before June twelfth, nineteen hundred
ninety-five  and  on  or before the twelfth day of each month thereafter
(excepting the first and second months of each fiscal year),  the  comp-
troller shall deposit into such fund from the taxes, interest and penal-
ties  collected  pursuant  to  such section fourteen hundred two of this
article which have been deposited and remain to the comptroller's credit
in the banks, banking houses or trust companies referred to  in  section
one  hundred  seventy-one-a  of this chapter at the close of business on
the last day of the preceding month, an amount equal to one-tenth of the
annual amount required to be deposited in such  fund  pursuant  to  this
section  for  the  fiscal  year  in which such deposit is required to be
made. In the event such amount  of  taxes,  interest  and  penalties  so
remaining  to  the comptroller's credit is less than the amount required

S. 6804                             3

to be deposited in such fund by the comptroller, an amount equal to  the
shortfall shall be deposited in such fund by the comptroller with subse-
quent  deposits,  as  soon  as the revenue is available. Beginning April
first,  nineteen  hundred  ninety-seven,  the comptroller shall transfer
monthly to the  clean  water/clean  air  fund  established  pursuant  to
section  ninety-seven-bbb of the state finance law, all moneys remaining
from such taxes, interest and penalties collected that are not  required
for deposit in the environmental protection fund.
  S  5.  This act shall take effect April 1, 2010; provided, however, if
this act shall become a law after such date it shall take  effect  imme-
diately and shall be deemed to have been in full force and effect on and
after April 1, 2010.