NY State Fin L § 92-S (2021)
2021 New York Laws STF - State Finance Article 6 - Funds of the State 92-S - Environmental Protection Fund.

§  92-s. Environmental protection fund. 1. There is hereby established in the joint custody of the comptroller and the commissioner of taxation and finance a special fund to be known as the "environmental  protection fund".   2.  a.  The  comptroller  shall  establish  the following separate and distinct accounts within the environmental protection fund:  (i) solid waste account;  (ii) parks, recreation and historic preservation account;  (iii) open space account;  (iv) climate change mitigation and adaptation account; and  (v) environmental protection transfer account.   b.  All  monies  received  by  the  comptroller  for  deposit  in  the environmental  protection fund shall be deposited first to the credit of the environmental  protection  transfer  account.  No  monies  shall  be expended  from  any  such  account  for  any  project except pursuant to appropriation by the legislature.   3. Such fund shall consist of the amount of revenue  collected  within the  state  from the amount of revenue, interest and penalties deposited pursuant to section fourteen hundred twenty-one  of  the  tax  law,  the amount  of fees and penalties received from easements or leases pursuant to subdivision fourteen of section seventy-five of the public lands  law and  the  money  received  as annual service charges pursuant to section four hundred four-n of the vehicle and traffic law, all moneys  required to  be  deposited  therein from the contingency reserve fund pursuant to section two hundred ninety-four of chapter fifty-seven of  the  laws  of nineteen  hundred  ninety-three,  all  moneys  required  to be deposited pursuant to section thirteen of chapter six hundred ten of the  laws  of nineteen  hundred  ninety-three,  repayments  of  loans made pursuant to section 54-0511 of the environmental conservation law, all moneys to  be deposited from the Northville settlement pursuant to section one hundred twenty-four  of  chapter  three  hundred  nine  of  the laws of nineteen hundred ninety-six, provided however, that such  moneys  shall  only  be used  for  the cost of the purchase of private lands in the core area of the central Suffolk pine barrens pursuant to a consent  order  with  the Northville  industries  signed  on  October thirteenth, nineteen hundred ninety-four and the related resource restoration and  replacement  plan, the  amount  of  penalties  required  to be deposited therein by section 71-2724 of the environmental conservation law, all moneys required to be deposited  pursuant  to  article  thirty-three  of   the   environmental conservation  law,  all  fees collected pursuant to subdivision eight of section 70-0117  of  the  environmental  conservation  law,  all  moneys collected  pursuant  to  title  thirty-three  of  article fifteen of the environmental  conservation  law,  beginning  with   the   fiscal   year commencing  on  April  first,  two  thousand  thirteen, nineteen million dollars, and all fiscal years thereafter, twenty-three  million  dollars plus  all  funds received by the state each fiscal year in excess of the greater of the amount received from April  first,  two  thousand  twelve through  March  thirty-first,  two  thousand  thirteen  or  one  hundred twenty-two million two  hundred  thousand  dollars,  from  the  payments collected  pursuant  to  subdivision  four  of  section  27-1012  of the environmental conservation law  and  all  funds  collected  pursuant  to section  27-1015  of  the  environmental  conservation  law,  all moneys required to be deposited pursuant to sections 27-2805 and 27-2807 of the environmental conservation law, all moneys collected pursuant to section 71-2730 of the environmental conservation  law,  and  all  other  moneys credited  or  transferred thereto from any other fund or source pursuant to  law.  All  such  revenue  shall  be  initially  deposited  into  the  environmental   protection   fund,   for   application  as  provided  in subdivision five of this section.   5.  Revenues  in  the  environmental  protection  fund  shall  be kept separate and shall not be  commingled  with  any  other  moneys  in  the custody  of  the  comptroller.  All  deposits of such revenues shall, if required by the comptroller, be secured by  obligations  of  the  United States  or  of the state having a market value equal at all times to the amount of such deposits and all banks and trust companies are authorized to give security for such deposits. Any such revenues in such fund  may, upon  the  discretion  of the comptroller, be invested in obligations in which the comptroller  is  authorized  to  invest  pursuant  to  section ninety-eight-a of this article.   6.   (a)   All  moneys  heretofore  and  hereafter  deposited  in  the environmental protection transfer account shall be  transferred  by  the comptroller  to  the  solid  waste  account,  the  parks, recreation and historic  preservation  account,  the  climate  change  mitigation   and adaptation  account  or  the  open space account upon the request of the director of the budget.  (b) Moneys from the solid waste account shall be  available,  pursuant to appropriation and upon certificate of approval of availability by the director of the budget, for any non-hazardous municipal landfill closure project;  municipal  waste reduction or recycling project, as defined in article fifty-four  of  the  environmental  conservation  law;  for  the purposes  of  section  two  hundred  sixty-one  and  section two hundred sixty-four  of  the  economic  development  law;  any  project  for  the development,  updating or revision of local solid waste management plans pursuant  to  sections  27-0107  and  27-0109   of   the   environmental conservation  law; environmental justice projects and grants and for the development of the pesticide sales and use data base pursuant  to  title twelve of article thirty-three of the environmental conservation law.  (c)  Moneys  from  the  parks,  recreation  and  historic preservation account shall be available, pursuant to appropriation, for any municipal park  project,  historic  preservation  project,  urban  cultural   park project,   waterfront  revitalization  program,  coastal  rehabilitation project.  (d) Moneys from the open space account shall be available, pursuant to appropriation,  for  any   open   space   land   conservation   project, bio-diversity  stewardship and research pursuant to chapter five hundred fifty-four of  the  laws  of  nineteen  hundred  ninety-three,  for  the purposes   of   agricultural   and  farmland  protection  activities  as authorized by article twenty-five-AAA of  the  agriculture  and  markets law, non-point source abatement and control projects pursuant to section 17-1409  of  the  environmental conservation law and section eleven-b of the soil and water conservation districts law, for Long  Island  Central Pine  Barrens  area  planning or Long Island south shore estuary reserve planning pursuant  to  title  thirteen  of  article  fifty-four  of  the environmental  conservation law, and for operation and management of the Albany Pine Bush preserve commission  pursuant  to  subdivision  two  of section 54-0303 of the environmental conservation law.  (e)  The  governor  shall include a specific line appropriation in the capital  projects  budget  describing   individual   open   space   land conservation  projects  proposed  to  be undertaken by the department of environmental conservation and/or the office of  parks,  recreation  and historic  preservation  pursuant to title three of article fifty-four of the environmental conservation law and listed in the  state  open  space land  acquisition  plan  prepared  pursuant  to  title  two  of  article forty-nine of the environmental conservation law.  (f) Moneys  from  the  climate  change  account  shall  be  available, pursuant   to   appropriation   and  upon  certificate  of  approval  of availability  by  the  director  of  the  budget,  for   climate   smart communities  projects pursuant to title fifteen of article fifty-four of the environmental conservation law.   7.  Notwithstanding  any  other  provision of law, no state assistance payment authorized under this  section  or  article  fifty-four  of  the environmental  conservation  law  may  be  applied,  with respect to any project located within the area of New York county bounded  by  (a)  the northern boundary of Fifty-ninth street and Fifty-ninth street extended; (b)  the  United  States pierhead line; (c) the northern boundary of the area known as Battery Park City;  and  (d)  eight  hundred  feet  inland easterly from the United States bulkhead line:  (i)  for,  other  than  for  recreational  use or access inland of the existing bulkhead line, any roads, bridges, ramps or parking  facilities or sewers or water mains;  (ii)  for  any  site  improvement, including sewers or water mains, to support residential, industrial or commercial development;  (iii) to excavate, place fill or plantings in, or  place  any  piling, platform  or  structure,  including  a floating structure, in the Hudson river;  (iv) to plan, evaluate or study any project involving such  excavation or placement as described in subparagraph (iii) of this paragraph; or  (v)  for  any  purpose  or  project  except  where the commissioner of environmental conservation, with the approval of  the  director  of  the budget,  enters  into  a  contract  with the city of New York or a state agency, but not with any public benefit corporation or public  authority or  any  other  person  or entity, for the undertaking of the purpose or project. No part of the purpose or project may be subcontracted  to  any public    benefit    corporation,   public   authority,   not-for-profit corporation, or municipality other than the city of New York, nor  shall any  such state assistance payment be paid to, on behalf of, or pursuant to any agreement with any such entity.   8. All payments of moneys from the fund shall be made on the audit and warrant of the comptroller.   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 transfer  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 million one hundred seventy-one thousand dollars.