N.Y. STF Law § 97-OO*2 — New York Code / Act STF / Article 6 / Section 97-OO*2
Clean air fund
Status: in_force

* § 97-oo. Clean air fund. 1. There is hereby established in the joint\ncustody of the state comptroller and the commissioner of taxation and\nfinance a fund to be known as the "clean air fund" which shall consist\nof an "operating permit program account" and a "mobile source account".\n  2. The operating permit program account shall consist of the\nfollowing:\n  a. monies collected pursuant to section 72-0303 of the environmental\nconservation law;\n  b. all fines and penalties collected pursuant to subdivision twelve of\nsection 72-0201 of the environmental conservation law for the nonpayment\nof fees; and\n  3. Monies in the operating permit program account shall be available,\nfollowing appropriation by the legislature, to pay the reasonable direct\nand indirect costs of developing and implementing the operating permit\nprogram established pursuant to section 19-0311 of the environmental\nconservation law. Such reasonable direct and indirect costs shall\ninclude:\n  a. reviewing and acting upon any application for an operating permit\nor permit revision issued pursuant to section 19-0311 of the\nenvironmental conservation law;\n  b. implementing and enforcing the terms and conditions of any\noperating permit or permit revision issued pursuant to section 19-0311\nof the environmental conservation law;\n  c. emissions and ambient monitoring, including auditing and inspecting\nsource-operated monitoring programs, related to operating permits or\npermit revisions issued pursuant to section 19-0311 of the environmental\nconservation law;\n  d. preparing generally applicable regulations and non-enforceable\nguidance;\n  e. modelling, analyses and demonstrations;\n  f. preparing inventories and tracking emissions;\n  g. developing and implementing the small business stationary source\ntechnical and environmental compliance assistance program established\npursuant to section 19-0313 of the environmental conservation law;\n  h. providing support to the small business stationary source\ncompliance advisory panel established pursuant to section 19-0315 of the\nenvironmental conservation law;\n  i. developing and implementing the small business stationary source\nombudsman program established pursuant to section one hundred\nthirty-seven of the economic development law; and\n  j. providing loans to the mobile source account, provided that any\nsuch loan shall be repaid from such account.\n  4. The mobile source account shall consist of monies collected\npursuant to section three hundred one-b of the vehicle and traffic law,\nparagraph two of subdivision (a) of section three hundred five of the\nvehicle and traffic law, any monies collected pursuant to paragraph K of\nsubdivision seven of section four hundred one of the vehicle and traffic\nlaw and subdivision four of section 71-2103 of the environmental\nconservation law, and all interest accrued on any such monies deposited\ninto the account.\n  5. Monies in the mobile source account shall be available, following\nappropriation by the legislature, to pay the reasonable direct and\nindirect costs of developing and implementing the mobile source program\nincluding inspection and maintenance, SIP planning and preparation\nrelating to mobile sources, fuels, preparing generally applicable\nregulations and guidance, and other such additional reasonable costs\nattributable to the mobile source program.\n  * NB There are 2 § 97-oo's\n