NY State Fin L § 97-B (2021)
2021 New York Laws STF - State Finance Article 6 - Funds of the State 97-B - Hazardous Waste Remedial Fund.

§ 97-b. Hazardous waste remedial fund.  1. There is hereby established in  the  custody of the state comptroller a nonlapsing revolving fund to be known as the "hazardous waste remedial fund", which shall consist  of a  "site  investigation  and  construction  account",  an  "industry fee transfer  account",  an  "environmental  restoration  project  account", "hazardous  waste  cleanup  account", and a "hazardous waste remediation oversight and assistance account".   2. Such fund shall consist of all of the following:  (a) moneys appropriated for transfer to the fund's site  investigation and  construction  account;  (b) all fines and other sums accumulated in the fund prior to April first, nineteen hundred eighty-eight pursuant to section 71-2725 of the environmental conservation law for deposit in the fund's site investigation  and  construction  account;  (c)  all  moneys collected or received by the department of taxation and finance pursuant to  section 27-0923 of the environmental conservation law for deposit in the fund's industry fee transfer account; (d) all moneys paid  into  the fund  pursuant  to section 72-0201 of the environmental conservation law which shall be deposited in the fund's industry  fee  transfer  account; (e)  all  moneys  paid  into  the  fund  pursuant  to  paragraph  (b) of subdivision one of section one hundred eighty-six of the navigation  law which  shall  be  deposited in the fund's industry fee transfer account; (f) all moneys recovered under sections 56-0503, 56-0505 and 56-0507  of the   environmental  conservation  law  into  the  fund's  environmental restoration project account; (g) all fees paid into the fund pursuant to section 72-0402 of the environmental conservation  law  which  shall  be deposited  in  the  fund's  industry  fee transfer account; (h) payments received for all state costs incurred in negotiating and overseeing  the implementation  of  brownfield site cleanup agreements pursuant to title fourteen of article twenty-seven of the environmental  conservation  law shall  be  deposited  in  the  hazardous waste remediation oversight and assistance account;(j) other moneys credited or transferred thereto from any other fund or source for deposit in the  fund's  site  investigation and construction account.   3.  Moneys  of the hazardous waste remedial fund, except monies in the industry fee transfer account, when allocated, shall be available to the departments of  environmental  conservation,  health  and  law  for  the following purposes:  (a)  inactive hazardous waste disposal site remedial programs pursuant to section 27-1313 of the environmental  conservation  law  and  section thirteen hundred eighty-nine-b of the public health law;  (b)  cleaning  up  or  restoring  to its original state any area where hazardous wastes were disposed of or possessed unlawfully  in  violation of  article  twenty-seven of the environmental conservation law. For the purposes of this section "the original state of the area" shall mean the reasonably ascertainable condition of the property immediately prior  to the  unlawful  disposal  or,  if  it  is impracticable to determine such condition, then it is the reasonable environmentally sound condition  of the area;  (c)  inactive hazardous waste site identification, classification, and investigation actions including testing, analyses, record searches,  and other  expenditures  necessary  to  develop the state inactive hazardous waste disposal site remedial plan required pursuant to  section  27-1305 of the environmental conservation law;  (d)  financing  the non-federal share of the cost of clean up and site remediation  activities,  as  well   as   post-closure   operation   and maintenance  costs,  pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980;  (e) emergency response action to clean up spills or abate other public health or environmental hazards involving hazardous wastes, except those provided for under the New York state environmental protection and spill compensation fund;  (f)   to  undertake  such  remedial  measures  as  the  department  of environmental conservation may determine necessary due to  environmental conditions  related  to  the property subject to an agreement to provide state assistance or contract under title five of  article  fifty-six  of the  environmental conservation law that were unknown to such department at the time  of  its  approval  of  such  agreement  or  contract  which indicates   that  conditions  on  such  property  are  not  sufficiently protective of human health for its reasonably anticipated uses or due to information received, in whole  or  in  part,  after  such  department's approval of such agreement's final engineering report and certification, which  indicates  that  such  agreement's  remedial  activities  are not sufficiently protective of human health for such  property's  reasonably anticipated  uses;  and, shall provide state assistance under title five of article fifty-six of the environmental conservation law;  (g)  with  respect  to  moneys  in  the  hazardous  waste  remediation oversight  and  assistance account, to pay the reasonable costs incurred by the state in negotiating and overseeing implementation of  brownfield site  cleanup agreements and conducting remediation under title fourteen of article twenty-seven of the environmental conservation law;  (h)  with  respect  to  moneys  in  the  hazardous  waste  remediation oversight  and  assistance account, to provide state assistance pursuant to section nine hundred seventy-r of the general municipal law;  (i)  with  respect  to  moneys  in  the  hazardous  waste  remediation oversight  and  assistance  account,  non-bondable costs associated with hazardous waste remediation projects. Such costs  shall  be  limited  to agency   staff   costs  associated  with  the  administration  of  state assistance for brownfield opportunity areas  pursuant  to  section  nine hundred  seventy-r  of  the  general  municipal  law, agency staff costs associated  with  the  administration  of  technical  assistance  grants pursuant  to titles thirteen and fourteen of article twenty-seven of the environmental  conservation  law,  and  costs  of  the   department   of environmental  conservation related to the geographic information system required by section 3-0315 of the environmental conservation law;  (j)  with  respect  to  moneys  in  the  hazardous  waste  remediation oversight  and  assistance account, technical assistance grants pursuant to  titles  thirteen  and  fourteen  of  article  twenty-seven  of   the environmental conservation law;   4.  No  moneys  shall be available from the fund pursuant to paragraph (a) of subdivision three of this  section  unless  the  commissioner  of environmental  conservation  finds that all reasonable efforts to secure voluntary agreement to pay the costs of necessary remedial actions  from owners   or  operators  of  inactive  hazardous  waste  sites  or  other responsible persons have been made  except  where  the  commissioner  of environmental  conservation has made findings pursuant to paragraph b of subdivision three of section 27-1313 of the  environmental  conservation law  or  where  the  commissioner  of  health  has  declared a condition dangerous to life or health and made findings pursuant to paragraph  (b) of subdivision three of section one thousand three hundred eighty-nine-b of the public health law.   6.  The  commissioner  of the department of environmental conservation shall make all reasonable efforts to recover  the  full  amount  of  any funds expended from the fund pursuant to paragraph (a) and paragraph (l) of  subdivision  three of this section through litigation or cooperative agreements with responsible persons. Any and  all  moneys  recovered  or  reimbursed  pursuant  to  this  section  through voluntary agreements or court orders shall be deposited with the comptroller and credited to the account of such fund from which such expenditures were made.   7.  Notwithstanding  the  provisions of any general or special law, no moneys  shall  be  available  from  the  fund  until  a  certificate  of allocation and a schedule of amounts to be available therefor shall have been  issued  by  the  director  of  the  budget,  and  a  copy  of such certificate filed with the  comptroller,  the  chairman  of  the  senate finance  committee  and  the  chairman  of  the  assembly ways and means committee. Such certificate may be amended from  time  to  time  by  the director  of the budget and a copy of each such amendment shall be filed with the comptroller, the chairman of the senate finance  committee  and the chairman of the assembly ways and means committee.   8.  The  moneys,  when allocated, shall be paid out of the fund on the audit and warrant of the comptroller on vouchers certified  or  approved by  the  commissioner of the department of environmental conservation or his duly designated officer.   9. All  repayments  and  other  sums  collected  or  received  by  the department  pursuant  to  loan agreements entered into pursuant to title five of article fifty-two of the environmental conservation law shall be deposited daily to the credit of the comptroller with  such  responsible banks,  banking  houses  or  trust companies as may be designated by the comptroller. The comptroller shall require adequate  security  from  all such  depositories. The comptroller shall, on or before the tenth day of each month,  pay  all  moneys  collected  pursuant  to  such  title  and remaining to his credit in such banks, banking houses or trust companies at the close of business on the last day of the preceding month into the site  investigation  and  construction  account  of  the hazardous waste remedial fund. In the event  a  municipality  shall  fail  to  make  any payment  due  to  the  state pursuant to such title and the commissioner shall have certified that such municipality  has  failed  to  make  such payment,  the  comptroller  is  authorized  and shall withhold from such municipality any state aid payable to it to the extent necessary to meet the certified amount of principal and surcharge due the commissioner and shall immediately pay over to the design and construction account of the hazardous waste remedial fund the amount so withheld.   10. No moneys of the fund derived from any form of tax or fee  imposed by  title  nine  of  article  twenty-seven or article seventy-two of the environmental conservation law or section one  hundred  seventy-four  of the  navigation  law  shall  be  used for any purpose if such use, under federal law, would preclude the collection of such tax or fee.   11.  The  industry  fee  transfer  account,  established  pursuant  to subdivision  one  of  this  section,  is to provide for an equal sharing between the state and industry of the costs of debt  service  for  bonds and  notes  issued  to  finance hazardous waste remedial work other than those costs  attributable  to  or  payable  by  responsible  parties,  a municipality  or  the federal government. Such sharing shall be provided fifty percent from moneys of the general fund  and  fifty  percent  from fees and surcharges designated for this purpose pursuant to subdivisions two and fourteen of this section. When debt service is paid on bonds and notes  authorized by the environmental quality bond act of 1986 and sold to provide moneys for hazardous waste site  remediation  or  by  section twelve   hundred  eighty-five-q  of  the  public  authorities  law,  the comptroller shall transfer from the industry fee transfer account to the general fund an amount equal to  fifty  percent  of  such  debt  service payment.   12.  (a)  The  comptroller  shall,  on  July  first,  nineteen hundred eighty-eight and on each succeeding July first until such  time  as  the  surcharges required pursuant to subdivision fourteen of this section are imposed,  estimate the amount of revenues to be received by the industry fee transfer account of this fund in the next succeeding  twenty  months and  the  transfers  which  will  be required to be made during the same period. When calculating the estimate of industry fee  transfer  account revenues  available  for  the  purpose  of  certifying, pursuant to this subdivision, when such account's balance will be  insufficient  to  make the  transfer  required  by  subdivision  eleven  of  this  section, the comptroller shall add to the amount estimated to actually  be  available an  additional  credit  factor  as  determined  by paragraph (b) of this subdivision.  If  the  comptroller  determines  that  the  industry  fee transfer  account  will,  at any time during the succeeding twenty month period,  lack  sufficient  funds  to  make  the  transfer  required   by subdivision  eleven of this section, the comptroller shall so certify to the state super fund  management  board,  created  pursuant  to  section 27-1319  of  the environmental conservation law, and to the governor and the legislature.  (b) The additional credit factor required by  paragraph  (a)  of  this subdivision shall be the sum of the following:  (i)  prior  to  March  thirty-first, nineteen hundred ninety-eight, an amount equal to an amount estimated by the comptroller to be transferred from the industry fee transfer account to the general  fund  during  the period   March  thirty-first,  nineteen  hundred  ninety  through  March thirty-first,  nineteen  hundred  ninety-eight,  pursuant   to   chapter forty-one  of  the laws of nineteen hundred ninety as amended by chapter one hundred sixty-six  of  the  laws  of  nineteen  hundred  ninety-one, chapter  fifty-five  of the laws of nineteen hundred ninety-two, chapter fifty-seven of the laws of nineteen hundred  ninety-three,  chapter  one hundred  seventy  of  the  laws of nineteen hundred ninety-four, chapter eighty-three of the laws of nineteen hundred ninety-five, chapter  three hundred nine of the laws of nineteen hundred ninety-six and a chapter of the  laws  of  nineteen  hundred  ninety-seven  entitled  "An act making appropriations for the support of government and to amend chapter 63  of the  laws  of  1996 relating to making appropriations for the support of government, in relation to extending the effectiveness thereof; to amend chapter 30 of the laws of 1996, relating to a retirement  incentive,  in relation  to payment schedules; to amend chapter 41 of the laws of 1990, relating to authorizing and directing the transfer  of  hazardous  waste remedial fund industry fee transfer account balances and receipts to the general  fund,  and  the  state finance law, in relation to industry fee surcharges and the calculations relating thereto; to amend chapter 83 of the laws of 1995, amending the state finance law and other laws relating to state finances, in relation to the deposit of funds; and to authorize the transfer and deposit of various  moneys,"  which  is  in  excess  of amounts  estimated  to  be  needed  to  make  the  transfers required by subdivision eleven of this section during the  same  period  and,  after March  thirty-first,  nineteen  hundred ninety-eight, an amount equal to the amount actually transferred from the industry fee  transfer  account to  the  general  fund  during  the  period March thirty-first, nineteen hundred   ninety   through   March   thirty-first,   nineteen    hundred ninety-eight,  pursuant  to  chapter  forty-one  of the laws of nineteen hundred ninety, as amended by chapter one hundred sixty-six of the  laws of  nineteen  hundred  ninety-one,  chapter  fifty-five  of  the laws of nineteen hundred ninety-two, chapter fifty-seven of the laws of nineteen hundred ninety-three,  chapter  one  hundred  seventy  of  the  laws  of nineteen  hundred  ninety-four,  chapter  eighty-three  of  the  laws of nineteen hundred ninety-five, chapter three hundred nine of the laws  of nineteen  hundred  ninety-six  and  a  chapter  of  the laws of nineteen  hundred ninety-seven entitled "AN  ACT  making  appropriations  for  the support  of  government  and  to  amend  chapter  63 of the laws of 1996 relating to making appropriations for  the  support  of  government,  in relation  to extending the effectiveness thereof; to amend chapter 30 of the laws of 1996, relating to a retirement  incentive,  in  relation  to payment  schedules; to amend chapter 41 of the laws of 1990, relating to authorizing and directing the transfer of hazardous waste remedial  fund industry fee transfer account balances and receipts to the general fund, and  the  state  finance law, in relation to industry fee surcharges and the calculations relating thereto; to amend chapter 83 of  the  laws  of 1995,  amending  the  state finance law and other laws relating to state finances, in relation to the deposit of  funds;  and  to  authorize  the transfer  and  deposit  of  various  moneys," which was in excess of the amount required to be transferred during the  same  period  pursuant  to subdivision  eleven  of  this section; except that the comptroller shall reduce this amount by an amount equal to the  amount  which  would  have been debited against such calculated balance during the prior estimating periods for transfers pursuant to subdivision eleven of this section, if the  amount  transferred  from  the industry fee transfer account to the general fund pursuant to chapter  forty-one  of  the  laws  of  nineteen hundred  ninety, as amended by chapter one hundred sixty-six of the laws of nineteen hundred  ninety-one,  chapter  fifty-five  of  the  laws  of nineteen hundred ninety-two, chapter fifty-seven of the laws of nineteen hundred  ninety-three,  chapter  one  hundred  seventy  of  the  laws of nineteen hundred  ninety-four,  chapter  eighty-three  of  the  laws  of nineteen  hundred ninety-five, chapter three hundred nine of the laws of nineteen hundred ninety-six and  a  chapter  of  the  laws  of  nineteen hundred  ninety-seven  entitled  "AN  ACT  making appropriations for the support of government and to amend  chapter  63  of  the  laws  of  1996 relating  to  making  appropriations  for  the support of government, in relation to extending the effectiveness thereof; to amend chapter 30  of the  laws  of  1996,  relating to a retirement incentive, in relation to payment schedules; to amend chapter 41 of the laws of 1990, relating  to authorizing  and directing the transfer of hazardous waste remedial fund industry fee transfer account balances and receipts to the general fund, and the state finance law, in relation to industry  fee  surcharges  and the  calculations  relating  thereto; to amend chapter 83 of the laws of 1995, amending the state finance law and other laws  relating  to  state finances,  in  relation  to  the  deposit of funds; and to authorize the transfer and deposit of various moneys," had been left on deposit in the industry fee transfer account, and had been the only amount available to cover the transfers which would have been made pursuant  to  subdivision eleven  of  this  section if an actual balance had been available in the industry fee transfer account at such time.  (ii) an amount, as estimated by the comptroller, equal to  the  amount of  interest  which  would  otherwise  have  been  earned  on the amount determined by subparagraph (i) of this paragraph,  if  such  amount  had been  left  on  deposit in the industry fee transfer account and accrued through the period for which the comptroller is estimating the available account balances pursuant to paragraph (a) of this subdivision.   13.  Upon  the  receipt  of  a  certification  provided  pursuant   to subdivision twelve of this section, the state superfund management board shall  review  and analyze the historical pattern of revenue received by the industry fee transfer account and the long term projection of future transfers from such account, and shall  report  on  or  before  December first   of   such   year   to  the  governor  and  the  legislature  its recommendations, if any, as to the sources of additional revenues  which could  be used to supplement the revenues to be received by such fund in  order to achieve the equal sharing of debt service costs as  implemented in subdivision nine of this section.   14.  In the absence of further direction by law, effective April first of the fiscal  year  immediately  following  the  certification  by  the comptroller  made  pursuant  to  subdivision  twelve  of  this  section, surcharges in the following amount shall  be  imposed:  (a)  twenty-five percent  of  the  fees  imposed  by  sections 72-0402 and 72-0502 of the environmental conservation law. Notwithstanding any other  provision  of law  to  the  contrary,  moneys  collected  from such surcharge shall be deposited in  their  entirety  to  the  industry  fee  transfer  account established  pursuant  to  subdivision  one  of  this section; (b) fifty percent of the fees imposed by  section  27-0923  of  the  environmental conservation  law, except for those fees contained in paragraphs b and c of subdivision one, and paragraph b of subdivision two of such  section, which  shall  be  exempt from such surcharge. Moneys collected from such surcharge shall be  deposited  to  the  industry  fee  transfer  account established pursuant to subdivision one of this section.   15. On and after the date of such certification, the comptroller shall maintain  records  with  respect  to such account to reflect each unpaid transfer for the period during which it is unpaid.  On  and  after  such date,  any  deposits  in  the  industry  fee  transfer  account shall be immediately transferred to the general fund of the state until an amount equal to the total of any  unpaid  transfers  and  accumulated  interest shall have been transferred to the general fund.