S T A T E O F N E W Y O R K
________________________________________________________________________
7137--A
2011-2012 Regular Sessions
I N A S S E M B L Y
April 13, 2011
___________
Introduced by M. of A. LATIMER, PAULIN, SCHIMEL, LUPARDO, ROSENTHAL,
JAFFEE, REILLY, ROBERTS, ABINANTI, ENGLEBRIGHT, MILLMAN, COLTON --
Multi-Sponsored by -- M. of A. BOYLAND, CASTELLI, CROUCH, MURRAY,
THIELE, TITONE -- read once and referred to the Committee on Environ-
mental Conservation -- recommitted to the Committee on Environmental
Conservation in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the environmental conservation law and the state finance
law, in relation to requiring retained deposits on unredeemed contain-
ers to be deposited into the environmental protection fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 5 of section 27-1012 of the environmental
2 conservation law, as added by section 8 of part SS of chapter 59 of the
3 laws of 2009, is amended to read as follows:
4 5. [All] A. THE monies collected or received by the department of
5 taxation and finance pursuant to this title shall be deposited to the
6 credit of the comptroller with such responsible banks, banking houses or
7 trust companies as may be designated by the comptroller. Such deposits
8 shall be kept separate and apart from all other moneys in the possession
9 of the comptroller. The comptroller shall require adequate security from
10 all such depositories. Of the total revenue collected, the comptroller
11 shall retain the amount determined by the commissioner of taxation and
12 finance to be necessary for refunds out of which the comptroller must
13 pay any refunds to which a deposit initiator may be entitled. After
14 reserving the amount to pay refunds, the comptroller must, by the tenth
15 day of each month, pay into the state treasury to the credit of the
16 general fund OR INTO THE ENVIRONMENTAL PROTECTION FUND, IN ACCORDANCE
17 WITH THE SCHEDULE LISTED BELOW, the revenue deposited under this subdi-
18 vision during the preceding calendar month and remaining to the comp-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10516-04-1
A. 7137--A 2
1 troller's credit on the last day of that preceding month. THE PORTION OF
2 THE REVENUE TO BE DEPOSITED INTO THE ENVIRONMENTAL PROTECTION FUND AFTER
3 THE AMOUNT TO PAY REFUNDS HAS BEEN RESERVED SHALL BE:
4 (I) TWENTY-FIVE PERCENT OF THE REVENUE IN FISCAL YEAR TWO THOUSAND
5 THIRTEEN-TWO THOUSAND FOURTEEN;
6 (II) FIFTY PERCENT OF THE REVENUE IN FISCAL YEAR TWO THOUSAND FOUR-
7 TEEN-TWO THOUSAND FIFTEEN;
8 (III) SEVENTY-FIVE PERCENT OF THE REVENUE IN FISCAL YEAR TWO THOUSAND
9 FIFTEEN-TWO THOUSAND SIXTEEN; AND
10 (IV) ONE HUNDRED PERCENT OF THE REVENUE IN FISCAL YEAR TWO THOUSAND
11 SIXTEEN-TWO THOUSAND SEVENTEEN AND EVERY YEAR THEREAFTER.
12 B. THE MONIES ALLOCATED TO THE ENVIRONMENTAL PROTECTION FUND BY THIS
13 SUBDIVISION SHALL BE IN ADDITION TO ANY OTHER MONEY ALLOCATED OR APPRO-
14 PRIATED TO THE FUND AND SHALL NOT REDUCE ANY APPROPRIATIONS TO THE FUND.
15 S 2. Subdivision 3 of section 92-s of the state finance law, as added
16 by section 2 of part T of chapter 59 of the laws of 2009, is amended to
17 read as follows:
18 3. Such fund shall consist of the amount of revenue collected within
19 the state from the amount of revenue, interest and penalties deposited
20 pursuant to section fourteen hundred twenty-one of the tax law, the
21 amount of fees and penalties received from easements or leases pursuant
22 to subdivision fourteen of section seventy-five of the public lands law
23 and the money received as annual service charges pursuant to section
24 four hundred four-l of the vehicle and traffic law, all moneys required
25 to be deposited therein from the contingency reserve fund pursuant to
26 section two hundred ninety-four of chapter fifty-seven of the laws of
27 nineteen hundred ninety-three, all moneys required to be deposited
28 pursuant to section thirteen of chapter six hundred ten of the laws of
29 nineteen hundred ninety-three, repayments of loans made pursuant to
30 section 54-0511 of the environmental conservation law, all moneys to be
31 deposited from the Northville settlement pursuant to section one hundred
32 twenty-four of chapter three hundred nine of the laws of nineteen
33 hundred ninety-six, provided however, that such moneys shall only be
34 used for the cost of the purchase of private lands in the core area of
35 the central Suffolk pine barrens pursuant to a consent order with the
36 Northville industries signed on October thirteenth, nineteen hundred
37 ninety-four and the related resource restoration and replacement plan,
38 the amount of penalties required to be deposited therein by section
39 71-2724 of the environmental conservation law, all moneys required to be
40 deposited pursuant to article thirty-three of the environmental conser-
41 vation law, all fees collected pursuant to subdivision eight of section
42 70-0117 of the environmental conservation law[, as added by a chapter of
43 the laws of two thousand nine], all moneys collected pursuant to title
44 thirty-three of article fifteen of the environmental conservation law[,
45 as added by a chapter of the laws of two thousand nine], ALL MONEYS
46 REQUIRED TO BE DEPOSITED PURSUANT TO SECTION 27-1012 OF THE ENVIRON-
47 MENTAL CONSERVATION LAW and all other moneys credited or transferred
48 thereto from any other fund or source pursuant to law. All such revenue
49 shall be initially deposited into the environmental protection fund, for
50 application as provided in subdivision five of this section.
51 S 3. This act shall take effect immediately.