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

                                  3517

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 11, 2015
                               ___________

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 SEVENTEEN, 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-TWO, FOR PAST TRANSFERS MADE  FROM  THE
ENVIRONMENTAL 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.
                                                           LBD08861-01-5
              

S. 3517                             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 SEVENTY-TWO MILLION DOLLARS SHALL BE DEPOSITED IN SUCH  FUND
FOR  THE  FISCAL  YEAR  BEGINNING APRIL FIRST, TWO THOUSAND SIXTEEN; THE
AMOUNT OF TWO HUNDRED TWO MILLION DOLLARS SHALL  BE  DEPOSITED  IN  SUCH
FUND  FOR THE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND SEVENTEEN;
THE AMOUNT OF TWO HUNDRED THIRTY-TWO MILLION DOLLARS SHALL BE  DEPOSITED
IN  SUCH  FUND  FOR  THE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND
EIGHTEEN; THE AMOUNT OF TWO HUNDRED SIXTY-TWO MILLION DOLLARS  SHALL  BE
DEPOSITED  IN  SUCH  FUND FOR THE FISCAL YEAR BEGINNING APRIL FIRST, TWO
THOUSAND NINETEEN; 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; 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 depos-
ited 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 comp-
troller, 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

S. 3517                             3

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, 2016; 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, 2016.

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

                                 3517--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 11, 2015
                               ___________

Introduced by Sens. MARCELLINO, AVELLA, HANNON, HOYLMAN, LATIMER, PANEP-
  INTO,  SERRANO,  VALESKY  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- reported favorably from said committee and committed to the Commit-
  tee  on  Finance  --  committee  discharged,  bill  amended,   ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on  Environmental  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 EIGHTEEN, 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-THREE, FOR PAST TRANSFERS MADE FROM THE
ENVIRONMENTAL 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08861-08-6
              

S. 3517--B                          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.
  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  SEVENTY-SEVEN  MILLION  DOLLARS SHALL BE DEPOSITED IN SUCH
FUND FOR THE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND  SEVENTEEN;
THE AMOUNT OF TWO HUNDRED TWO MILLION DOLLARS SHALL BE DEPOSITED IN SUCH
FUND  FOR  THE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND EIGHTEEN;
THE AMOUNT OF TWO HUNDRED THIRTY-TWO MILLION DOLLARS SHALL BE  DEPOSITED
IN  SUCH  FUND  FOR  THE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND
NINETEEN; 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; 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-ONE; 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

S. 3517--B                          3

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
collected  that  are  not  required  for  deposit  in  the environmental
protection fund.
  S 5. This act shall take effect April 1, 2017; 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, 2017.