S T A T E   O F   N E W   Y O R K
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                                 7137--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 13, 2011
                               ___________

Introduced  by  M.  of  A. LATIMER, PAULIN, SCHIMEL, LUPARDO, ROSENTHAL,
  JAFFEE, REILLY, ROBERTS, ABINANTI,  ENGLEBRIGHT,  MILLMAN,  COLTON  --
  Multi-Sponsored  by  --  M.  of  A. BOYLAND, CASTELLI, CROUCH, MURRAY,
  THIELE, TITONE -- read once and referred to the Committee on  Environ-
  mental  Conservation  -- recommitted to the Committee on Environmental
  Conservation in accordance with Assembly Rule 3, sec. 2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10516-04-1
              

A. 7137--A                          2

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)  TWENTY-FIVE  PERCENT  OF  THE REVENUE IN FISCAL YEAR TWO THOUSAND
THIRTEEN-TWO THOUSAND FOURTEEN;
  (II) FIFTY PERCENT OF THE REVENUE IN FISCAL YEAR  TWO  THOUSAND  FOUR-
TEEN-TWO THOUSAND FIFTEEN;
  (III)  SEVENTY-FIVE PERCENT OF THE REVENUE IN FISCAL YEAR TWO THOUSAND
FIFTEEN-TWO THOUSAND SIXTEEN; AND
  (IV) ONE HUNDRED PERCENT OF THE REVENUE IN FISCAL  YEAR  TWO  THOUSAND
SIXTEEN-TWO THOUSAND SEVENTEEN 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 AND SHALL NOT REDUCE ANY APPROPRIATIONS TO THE FUND.
  S  2. Subdivision 3 of section 92-s of the state finance law, as added
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.