S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5180
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Environmental Conservation
 
 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 NINETEEN, 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-FOUR, FOR PAST TRANSFERS MADE FROM  THE
 ENVIRONMENTAL 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:
   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.
              

                                                            LBD02662-01-7

 A. 5180                             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.  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  SEVENTY-SEVEN  MILLION  DOLLARS SHALL BE DEPOSITED IN SUCH
 FUND FOR THE FISCAL YEAR BEGINNING APRIL FIRST, TWO  THOUSAND  EIGHTEEN;
 THE AMOUNT OF TWO HUNDRED TWO MILLION DOLLARS SHALL BE DEPOSITED IN SUCH
 FUND  FOR  THE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND NINETEEN;
 THE AMOUNT OF TWO HUNDRED THIRTY-TWO MILLION DOLLARS SHALL BE  DEPOSITED
 IN  SUCH  FUND  FOR  THE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND
 TWENTY; THE AMOUNT OF TWO HUNDRED SIXTY-TWO  MILLION  DOLLARS  SHALL  BE
 DEPOSITED  IN  SUCH  FUND FOR THE FISCAL YEAR BEGINNING APRIL FIRST, TWO
 THOUSAND TWENTY-ONE; AND THE AMOUNT OF TWO  HUNDRED  NINETY-TWO  MILLION
 DOLLARS  SHALL  BE  DEPOSITED IN SUCH FUND FOR THE FISCAL YEAR BEGINNING
 APRIL FIRST, TWO THOUSAND TWENTY-TWO; and for each fiscal year thereaft-
 er. 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 depos-
 ited 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-seven-bbb of  the  state  finance
 law,  all  moneys  remaining  from  such  taxes,  interest and penalties

 A. 5180                             3
 
 collected that  are  not  required  for  deposit  in  the  environmental
 protection fund.
   §  5.  This act shall take effect April 1, 2018; 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, 2018.