NY Nav L § 186 (2021)
2021 New York Laws NAV - Navigation Article 12 - Oil Spill Prevention, Control, and Compensation Part 3 - New York Environmental Protection and Spill Compensation Fund; Liability; Third Party Compensation 186 - Disbursement of Moneys From the Fund.

§ 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.