senate Bill S4440A

2013-2014 Legislative Session

Relates to transfers from the environmental protection fund to the general fund

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 13, 2014 reported and committed to finance
Jan 27, 2014 print number 4440a
amend and recommit to environmental conservation
Jan 08, 2014 referred to environmental conservation
Apr 30, 2013 reported and committed to finance
Apr 01, 2013 referred to environmental conservation

Votes

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May 13, 2014 - Environmental Conservation committee Vote

S4440A
12
0
committee
12
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Environmental Conservation committee vote details

Environmental Conservation Committee Vote: May 13, 2014

aye wr (1)

Apr 30, 2013 - Environmental Conservation committee Vote

S4440
10
0
committee
10
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 30, 2013

aye wr (2)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S4440 - Bill Details

See Assembly Version of this Bill:
A7647A
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §54-0109, En Con L; amd §92-s, St Fin L; amd §1421, Tax L

S4440 - Bill Texts

view summary

Relates to transfers from the environmental protection fund to the general fund.

view sponsor memo
BILL NUMBER:S4440

TITLE OF BILL: An act to amend the environmental conservation law,
the state finance law and the tax law, in relation to transfers from
the environmental protection fund to the general fund

PURPOSE:

Requires the Division of the Budget and the State Comptroller to
develop a plan for repayment to the Environmental Protection Fund
(EPF) for monies transferred from the EPF to the general fund over the
next 5 years.

SUMMARY OF PROVISIONS:

Adds a new paragraph to section 54-0109 of the Environmental
Conservation Law to require the Division of the Budget in consultation
with the State Comptroller to develop a plan of repayment for funds
that have been previously reallocated to the General Fund from the
Environmental Protection Fund.

Adds a subdivision 10 of Section 92-s of the State Finance Law that
requires that no later than April 1, 2015 deposits are made pursuant
to section 54-0109 and must be completed by April 1, 2020 for those
past transfers that were made from the Environmental Protection Fund
to the General Fund.

Subdivision 9 of section 92-s of the State Finance Law is amended to
define the aggregate amount of all transfers shall not exceed
$507,171,000.

Section 1421 of the Tax Law is amended to specify the amount from the
Real Estate Transfer Tax of $149 million will be deposited in the EPF
for the fiscal year beginning April 1, 2014; the amount $179 million
deposited in the EPF on April 1, 2015; the amount $190 million
deposited in the EPF on April 1, 2016; the amount $239 million
deposited in the EPF for four fiscal years beginning April 1, 2017 and
the amount of $272 million deposited in the EPF for the fiscal year
April 1, 2014 and each additional year thereafter.

JUSTIFICATION:

The Environmental Protection Fund is a treasured and vital money
source for hundreds of New York State environmental initiatives. Due
to state budgetary needs, funding that was allocated to the EPF has
been swept into the general fund, depleting the monies that so many
environmental programs rely upon greatly.

LEGISLATIVE HISTORY:

2008-09: S.7523 Passed Senate (similar legislation)

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


This law shall take effect April 1,2014; provided, however, if this
act shall become a law after such date it shall take effect
immediately and shall be deemed to have been in full force and effect
on and after April 1, 2014.

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

                                  4440

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 1, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

AN ACT to amend the environmental conservation law,  the  state  finance
  law  and  the tax law, in relation to transfers from the environmental
  protection fund to the general 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 FIFTEEN, 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  TWENTY, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10101-01-3

S. 4440                             2

protection  fund are deemed insufficient by the director of the division
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.    FOR  THE PURPOSES OF THIS SUBDIVISION, THE TERM INSUFFICIENT
SHALL MEAN THAT THERE IS NOT AN ADEQUATE CASH  BALANCE  TO  FINANCE  ALL
CURRENT  FISCAL YEAR APPROPRIATIONS AND ANY OUTSTANDING PRIOR YEAR OBLI-
GATIONS.
  S 4. Section 1421 of the tax law, as amended by chapter 99 of the laws
of 2010, 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 one hundred ninety-nine
million three hundred thousand dollars shall be deposited by  the  comp-
troller  in  the  environmental  protection fund established pursuant to
section ninety-two-s of the state finance law for the fiscal year begin-
ning April first, two thousand nine; the amount of one hundred  nineteen
million one hundred thousand dollars shall be deposited in such fund for
the  fiscal  year beginning April first, two thousand ten; THE AMOUNT OF
ONE HUNDRED FORTY-NINE MILLION DOLLARS SHALL BE DEPOSITED IN  SUCH  FUND
FOR  THE  FISCAL  YEAR BEGINNING APRIL FIRST, TWO THOUSAND FOURTEEN; THE
AMOUNT OF ONE HUNDRED SEVENTY-NINE MILLION DOLLARS SHALL BE DEPOSITED IN
SUCH FUND FOR THE  FISCAL  YEAR  BEGINNING  APRIL  FIRST,  TWO  THOUSAND
FIFTEEN;  THE AMOUNT OF TWO HUNDRED NINE MILLION DOLLARS SHALL BE DEPOS-
ITED IN SUCH FUND FOR THE FISCAL YEAR BEGINNING APRIL FIRST,  TWO  THOU-
SAND  SIXTEEN;  THE  AMOUNT  OF  TWO HUNDRED THIRTY-NINE MILLION DOLLARS
SHALL BE DEPOSITED IN SUCH FUND FOR FOUR FISCAL  YEARS  BEGINNING  APRIL
FIRST, TWO THOUSAND SEVENTEEN; AND THE AMOUNT OF TWO HUNDRED SEVENTY-TWO
MILLION  DOLLARS  SHALL  BE  DEPOSITED  IN SUCH FUND FOR THE FISCAL YEAR
BEGINNING APRIL FIRST, TWO THOUSAND EIGHTEEN; and for each  fiscal  year
thereafter.  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 comptroller shall
deposit into such fund from the taxes, interest and penalties  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 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 subsequent  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-sev-

S. 4440                             3

en-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, 2014; 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, 2014.

Co-Sponsors

S4440A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7647A
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §54-0109, En Con L; amd §92-s, St Fin L; amd §1421, Tax L

S4440A (ACTIVE) - Bill Texts

view summary

Relates to transfers from the environmental protection fund to the general fund.

view sponsor memo
BILL NUMBER:S4440A

TITLE OF BILL: An act to amend the environmental conservation law, the
state finance law and the tax law, in relation to transfers from the
environmental protection fund to the general fund

PURPOSE:

Requires the Division of the Budget and the State Comptroller to develop
a plan for repayment to the Environmental Protection Fund (EPF) for
monies transferred from the EPF to the general fund over the next 5
years.

SUMMARY OF PROVISIONS:

Adds a new paragraph to section 54-0109 of the Environmental Conserva-
tion Law to require the Division of the Budget in consultation with the
State Comptroller to develop a plan of repayment for funds that have
been previously reallocated to the General Fund from the Environmental
Protection Fund.

Adds a subdivision 10 of Section 92-s of the State Finance Law that
requires that no later than April 1, 2016 deposits are made pursuant to
section 54-0109 and must be completed by April 1, 2021 for those past
transfers that were made from the Environmental Protection Fund to the
General Fund.

Subdivision 9 of section 92-s of the State Finance Law is amended to
define the aggregate amount of all transfers shall not exceed
$507,171,000.

Section 1421 of the Tax Law is amended to specify the amount from the
Real Estate Transfer Tax of $149 million will be deposited in the EPF
for the fiscal year beginning April 1, 2015; the amount $179 million
deposited in the EPF on April 1, 2016; the amount $190 million deposited
in the EPF on April 1, 2017; the amount $239 million deposited in the
EPF for four fiscal years beginning April 1, 2018 and the amount of $272
million deposited in the EPF for the fiscal year April 1, 2019 and each
additional year thereafter.

JUSTIFICATION:

The Environmental Protection Fund is a treasured and vital money source
for hundreds of New York State environmental initiatives. Due to state
budgetary needs, funding that was allocated to the EPF has been swept
into the general fund, depleting the monies that so many environmental
programs rely upon greatly.

LEGISLATIVE HISTORY:

2008-09:S. 7523 Passed Senate (similar legislation)

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This law shall take effect April 1, 2015; provided, however, if this act
shall become a law after such date it shall take effect immediately and
shall be deemed to have been in full force and effect on and after April
1, 2015.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4440--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 1, 2013
                               ___________

Introduced  by  Sens.  MARCELLINO,  AVELLA,  GRISANTI  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Environmental Conservation -- recommitted to the Committee on Environ-
  mental  Conservation  in  accordance  with  Senate  Rule  6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend the environmental conservation law, the state finance
  law and the tax law, in relation to transfers from  the  environmental
  protection fund to the general 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 SIXTEEN, 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 TWENTY-ONE, FOR PAST TRANSFERS MADE FROM  THE  ENVI-
RONMENTAL 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10101-02-4

S. 4440--A                          2

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
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.  FOR THE PURPOSES OF THIS SUBDIVISION,  THE  TERM  INSUFFICIENT
SHALL  MEAN  THAT  THERE  IS NOT AN ADEQUATE CASH BALANCE TO FINANCE ALL
CURRENT FISCAL YEAR APPROPRIATIONS AND ANY OUTSTANDING PRIOR YEAR  OBLI-
GATIONS.
  S 4. Section 1421 of the tax law, as amended by chapter 99 of the laws
of 2010, 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 one hundred  ninety-nine
million  three  hundred thousand dollars shall be deposited by the comp-
troller in the environmental protection  fund  established  pursuant  to
section ninety-two-s of the state finance law for the fiscal year begin-
ning  April first, two thousand nine; the amount of one hundred nineteen
million one hundred thousand dollars shall be deposited in such fund for
the fiscal year beginning April first, two thousand ten; THE  AMOUNT  OF
ONE  HUNDRED  FORTY-NINE MILLION DOLLARS SHALL BE DEPOSITED IN SUCH FUND
FOR THE FISCAL YEAR BEGINNING APRIL FIRST,  TWO  THOUSAND  FIFTEEN;  THE
AMOUNT OF ONE HUNDRED SEVENTY-NINE MILLION DOLLARS SHALL BE DEPOSITED IN
SUCH  FUND  FOR  THE  FISCAL  YEAR  BEGINNING  APRIL FIRST, TWO THOUSAND
SIXTEEN; THE AMOUNT OF TWO HUNDRED NINE MILLION DOLLARS SHALL BE  DEPOS-
ITED  IN  SUCH FUND FOR THE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOU-
SAND SEVENTEEN; THE AMOUNT OF TWO HUNDRED  THIRTY-NINE  MILLION  DOLLARS
SHALL  BE  DEPOSITED  IN SUCH FUND FOR FOUR FISCAL YEARS BEGINNING APRIL
FIRST, TWO THOUSAND EIGHTEEN; AND THE AMOUNT OF TWO HUNDRED  SEVENTY-TWO
MILLION  DOLLARS  SHALL  BE  DEPOSITED  IN SUCH FUND FOR THE FISCAL YEAR
BEGINNING APRIL FIRST, TWO THOUSAND NINETEEN; and for each  fiscal  year
thereafter.  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 comptroller shall
deposit into such fund from the taxes, interest and penalties  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 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 subsequent  deposits,  as

S. 4440--A                          3

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-sev-
en-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, 2015; 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, 2015.

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