S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2594--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sens.  MARCELLINO,  AVELLA, CARLUCCI, HOYLMAN, PHILLIPS,
   SERINO, SERRANO -- read twice and ordered printed, and when printed to
   be committed to the Committee on Environmental Conservation --  recom-
   mitted  to  the  Committee on Environmental Conservation in accordance
   with Senate Rule 6, sec. 8 -- reported favorably from  said  committee
   and  committed  to  the  Committee on Finance -- 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.
   §  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 TWENTY, 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-FIVE, FOR PAST TRANSFERS MADE FROM THE ENVI-
 RONMENTAL PROTECTION FUND INTO THE GENERAL FUND.
   § 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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02662-04-8
              

 S. 2594--A                          2
 
   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
 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.
   § 4. Section 1421 of the tax law, as amended by chapter 99 of the laws
 of 2010, is amended to read as follows:
   § 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  NINETY-THREE  MILLION  SIX HUNDRED EIGHTY THOUSAND DOLLARS
 SHALL BE DEPOSITED IN SUCH FUND FOR  THE  FISCAL  YEAR  BEGINNING  APRIL
 FIRST,  TWO  THOUSAND  NINETEEN;  THE  AMOUNT OF TWO HUNDRED SIXTY-EIGHT
 MILLION TWO HUNDRED SIXTY THOUSAND DOLLARS SHALL BE  DEPOSITED  IN  SUCH
 FUND FOR THE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND TWENTY; THE
 AMOUNT  OF  THREE HUNDRED FORTY-TWO MILLION EIGHT HUNDRED FORTY THOUSAND
 DOLLARS SHALL BE DEPOSITED IN SUCH FUND FOR THE  FISCAL  YEAR  BEGINNING
 APRIL  FIRST, TWO THOUSAND TWENTY-ONE; THE AMOUNT OF FOUR HUNDRED SEVEN-
 TEEN MILLION FOUR HUNDRED TWENTY THOUSAND DOLLARS SHALL BE DEPOSITED  IN
 SUCH  FUND FOR THE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND TWEN-
 TY-TWO; AND THE AMOUNT OF FOUR HUNDRED NINETY-TWO MILLION DOLLARS  SHALL
 BE DEPOSITED IN SUCH FUND FOR THE FISCAL YEAR BEGINNING APRIL FIRST, TWO
 THOUSAND TWENTY-THREE; 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 four-
 teen 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

 S. 2594--A                          3
 
 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  avail-
 able.  Beginning  April  first, nineteen hundred ninety-seven, the comp-
 troller shall transfer monthly to the clean water/clean air fund  estab-
 lished  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.
   §  5.  This act shall take effect April 1, 2019; 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, 2019.