S T A T E   O F   N E W   Y O R K
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                                  3041

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 7, 2011
                               ___________

Introduced  by  Sen.  KRUGER -- 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,  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-
cals and consequent exposure is to avoid the use  of  chlorine  and  its
compounds in manufacturing processes.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04979-01-1
              

S. 3041                             2

  (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 FOURTEEN,  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 SIXTEEN, 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 EIGHTEEN, NO PERSON IN
THE STATE SHALL MANUFACTURE, USE  OR  SELL  ANY  AMOUNT  OF  CHLORINATED
SOLVENT FOR ANY PURPOSE INCLUDING CHEMICAL PROCESSING, ELECTRONICS, FILM
PROCESSING 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 TWELVE, 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
INJURY  TO  HEALTH  OR  THE ENVIRONMENT AND WHICH MAY BE SUBSTITUTED FOR
SUCH CHLORINATED SOLVENT.

S. 3041                             3

  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
TWELVE, ISSUE REGULATIONS PRESCRIBING THE REPORTING REQUIREMENTS OF THIS
SUBDIVISION.
  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 TWELVE, 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-
RIDE, PERCHLOROETHYLENE (TETRACHLOROETHYLENE), TRICHLOROETHYLENE  AND/OR
METHYL  CHLOROFORM.  PERSONS  OPERATING  AT MORE THAN ONE LOCATION SHALL

S. 3041                             4

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 A  RETAIL  DEALER,  SHALL  SEPARATELY  STATE  THE  AMOUNT  OF  SUCH
SURCHARGE PAID ON ANY CHARGE TICKET, SALES SLIP, INVOICE OR OTHER TANGI-
BLE  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
IS  OF  A  CONTINUING  NATURE,  EACH DAY DURING WHICH IT CONTINUES SHALL
CONSTITUTE AN ADDITIONAL, SEPARATE AND DISTINCT OFFENSE.

S. 3041                             5

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
WARRANT  OF  THE  COMPTROLLER  ON  VOUCHERS CERTIFIED OR APPROVED BY THE
ADMINISTRATOR OF THE ACCOUNT.

S. 3041                             6

  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.