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This entry was published on 2015-04-24
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SECTION 186
Disbursement of moneys from the fund
Navigation (NAV) CHAPTER 37, ARTICLE 12, PART 3
§ 186. Disbursement of moneys from the fund. 1. (a) Moneys in the
account established by paragraph (a) of subdivision two of section one
hundred seventy-nine of this part shall be disbursed by the
administrator, upon certification by the commissioner, for the purpose
of costs incurred under section one hundred seventy-six of this article.
(i) Beginning in state fiscal year two thousand fifteen--two thousand
sixteen, up to two million one hundred thousand dollars per year shall
be appropriated to the department for use only for the oil spill
prevention and training purposes authorized in subdivision three of this
section.

(b) Moneys in the account established by paragraph (b) of subdivision
two of section one hundred seventy-nine of this part shall, within
forty-five days of the close of each license fee period, be deposited by
the administrator, in the hazardous waste remedial fund created pursuant
to section ninety-seven-b of the state finance law for expenditure
pursuant to such section; provided, however, that the state comptroller
shall cause the administrator to reimburse the commissioner for the
reasonable costs of collecting the surcharge during those times when the
license fee is not imposed.

2. Moneys in the account established by paragraph (a) of subdivision
two of section one hundred seventy-nine of this part shall be disbursed
by the administrator, upon certification by him, for the following
purposes:

(a) Damages as defined in section one hundred eighty-one of this
article;

(b) Such sums as may be necessary for research on the prevention and
the effects of spills of petroleum on the environment and on the
development of improved cleanup and removal operations as may be
appropriated by the legislature; provided, however, that such sums shall
not exceed the amount of interest which is credited to the account
established by paragraph (a) of subdivision two of section one hundred
seventy-nine of this part;

(c) Such sums as may be necessary for the general administration of
the fund, equipment and personnel costs of the department of
environmental conservation and any other state agency related to the
enforcement of this article as may be appropriated by the legislature;

(d) Such sums as may be appropriated by the legislature for research
and demonstration programs concerning the causes and abatement of ocean
pollution; provided, however, that such sums shall not exceed the amount
of interest which is credited to the account established by paragraph
(a) of subdivision two of section one hundred seventy-nine of this part.

(e) Such sums as may be necessary for the general administration,
equipment and personnel costs of the department of environmental
conservation related to the administration and enforcement of the
petroleum bulk storage program established pursuant to title ten of
article seventeen of the environmental conservation law.

3. Moneys appropriated to the department pursuant to subparagraph (i)
of paragraph (a) of subdivision one of this section, up to two million
one hundred thousand dollars, shall be disbursed only for the following
purposes:

(a) Such sums as may be necessary for the acquisition and maintenance
of petroleum spill prevention, response or personal safety equipment and
supplies and training for state and local government entities, including
emergency services agencies and personnel.

(b) Such sums as may be necessary for petroleum spill response drills
and exercises.

(c) Such sums as may be necessary for identification, mapping, and
analysis of populations, environmentally sensitive areas, and resources
at risk from spills of petroleum and related impacts; and the
development, implementation, and updating of contingency plans,
including geographic response plans, to protect those populations,
sensitive environments, and resources in the event of a spill of
petroleum or related impacts.

(d) Spending pursuant to this subdivision shall be included in the
annual report required by section one hundred ninety-six of this
article.

4. Moneys shall be disbursed from the fund only for the purposes set
forth in subdivisions one, two and three of this section.

5. The state 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-a of the state
finance law. Any income or interest derived from such investment shall
be included in the fund.