N.Y. NAV Law § 186 — New York Code / Act NAV / Article 12 / Part 3 / Section 186
Disbursement of moneys from the fund
Status: in_force

§ 186. Disbursement of moneys from the fund. 1. (a) Moneys in the\naccount established by paragraph (a) of subdivision two of section one\nhundred seventy-nine of this part shall be disbursed by the\nadministrator, upon certification by the commissioner, for the purpose\nof costs incurred under section one hundred seventy-six of this article.\n(i) Beginning in state fiscal year two thousand fifteen--two thousand\nsixteen, up to two million one hundred thousand dollars per year shall\nbe appropriated to the department for use only for the oil spill\nprevention and training purposes authorized in subdivision three of this\nsection.\n  (b) Moneys in the account established by paragraph (b) of subdivision\ntwo of section one hundred seventy-nine of this part shall, within\nforty-five days of the close of each license fee period, be deposited by\nthe administrator, in the hazardous waste remedial fund created pursuant\nto section ninety-seven-b of the state finance law for expenditure\npursuant to such section; provided, however, that the state comptroller\nshall cause the administrator to reimburse the commissioner for the\nreasonable costs of collecting the surcharge during those times when the\nlicense fee is not imposed.\n  2. Moneys in the account established by paragraph (a) of subdivision\ntwo of section one hundred seventy-nine of this part shall be disbursed\nby the administrator, upon certification by him, for the following\npurposes:\n  (a) Damages as defined in section one hundred eighty-one of this\narticle;\n  (b) Such sums as may be necessary for research on the prevention and\nthe effects of spills of petroleum on the environment and on the\ndevelopment of improved cleanup and removal operations as may be\nappropriated by the legislature; provided, however, that such sums shall\nnot exceed the amount of interest which is credited to the account\nestablished by paragraph (a) of subdivision two of section one hundred\nseventy-nine of this part;\n  (c) Such sums as may be necessary for the general administration of\nthe fund, equipment and personnel costs of the department of\nenvironmental conservation and any other state agency related to the\nenforcement of this article as may be appropriated by the legislature;\n  (d) Such sums as may be appropriated by the legislature for research\nand demonstration programs concerning the causes and abatement of ocean\npollution; provided, however, that such sums shall not exceed the amount\nof interest which is credited to the account established by paragraph\n(a) of subdivision two of section one hundred seventy-nine of this part.\n  (e) Such sums as may be necessary for the general administration,\nequipment and personnel costs of the department of environmental\nconservation related to the administration and enforcement of the\npetroleum bulk storage program established pursuant to title ten of\narticle seventeen of the environmental conservation law.\n  3. Moneys appropriated to the department pursuant to subparagraph (i)\nof paragraph (a) of subdivision one of this section, up to two million\none hundred thousand dollars, shall be disbursed only for the following\npurposes:\n  (a) Such sums as may be necessary for the acquisition and maintenance\nof petroleum spill prevention, response or personal safety equipment and\nsupplies and training for state and local government entities, including\nemergency services agencies and personnel.\n  (b) Such sums as may be necessary for petroleum spill response drills\nand exercises.\n  (c) Such sums as may be necessary for identification, mapping, and\nanalysis of populations, environmentally sensitive areas, and resources\nat risk from spills of petroleum and related impacts; and the\ndevelopment, implementation, and updating of contingency plans,\nincluding geographic response plans, to protect those populations,\nsensitive environments, and resources in the event of a spill of\npetroleum or related impacts.\n  (d) Spending pursuant to this subdivision shall be included in the\nannual report required by section one hundred ninety-six of this\narticle.\n  4. Moneys shall be disbursed from the fund only for the purposes set\nforth in subdivisions one, two and three of this section.\n  5. The state comptroller may invest and reinvest any moneys in said\nfund in obligations in which the comptroller is authorized to invest\npursuant to the provisions of section ninety-eight-a of the state\nfinance law.  Any income or interest derived from such investment shall\nbe included in the fund.\n