NY Tax L § 1210-A (2021)
2021 New York Laws TAX - Tax Article 29 - Taxes Authorized for Cities, Counties and School Districts Part 1 - Authority to Impose Taxes Sub Part B - Taxes Administered by State Tax Commission 1210-A - Sales and Compensating Use Tax for Purposes of the Suffolk County Drinking Water Protection Program.

§  1210-A.  Sales and compensating use tax for purposes of the Suffolk county drinking water protection program. (a) In addition to  the  taxes imposed  by  section  twelve  hundred ten or any other provision of this article, the county of Suffolk is hereby  authorized  and  empowered  to adopt and amend a local law, ordinance or resolution imposing within the territorial  limits  of said county an additional sales and compensating use tax at the rate  of  one-quarter  of  one  percent  for  the  period beginning  December  first,  nineteen  hundred  eighty-four  and  ending November thirtieth, two thousand thirty, which tax shall be identical to the tax imposed by said county pursuant to section twelve hundred ten of this article. Except as hereinafter provided,  all  provisions  of  this article,  including  the  definition  and  exemption  provisions and the provisions relating to the administration, collection  and  distribution by the commissioner, shall apply for purposes of the tax imposed by this section  in the same manner and with the same force and effect as if the language of this article had been incorporated in full in  this  section and had expressly referred to the tax imposed by this section; provided, however,  that  any  provision  relating  to  a  maximum  rate  shall be calculated without reference to the additional  sales  and  compensating use  tax  herein  authorized.  For  purposes of part IV of this article, relating to the disposition of revenues resulting from  taxes  collected and   administered   by  the  commissioner,  the  additional  sales  and compensating use tax herein provided shall be deemed to be imposed under the authority of section twelve hundred ten  of  this  article  and  all provisions  relating  to  the deposit, administration and disposition of taxes, penalties and interest relating to a  tax  imposed  by  a  county under the authority of section twelve hundred ten of this article shall, except  as otherwise specifically provided in this section, apply to the additional sales and compensating  use  tax  imposed  pursuant  to  this section.  (b)  Notwithstanding  any  other  provision  of  this  article  to the contrary,  the  net  collections  from  the  tax  imposed  pursuant   to subdivision (a) of this section for the period beginning December first, nineteen  hundred  eighty-four  and  ending November thirtieth, nineteen hundred eighty-eight shall, upon payment to the county of  Suffolk,  and moneys  due  said  fund  pursuant  to  subdivisions  (c) and (d) of this section, be deposited  in  a  special  fund,  to  be  designated  as  an assessment  stabilization  reserve  fund,  to  be created by said county therefor separate and apart from any other funds  and  accounts  of  the county. Moneys in such fund shall be deposited and secured in the manner provided   by   section  ten  of  the  general  municipal  law.  Pending expenditure from such fund, moneys therein may be invested in the manner provided in section eleven of the general municipal  law.  Any  interest earned  or  capital gain realized on the moneys so deposited or invested shall accrue to and become part of such fund. Moneys in said fund may be appropriated from and transferred to or expended in any fiscal year only for the purposes and in the order as follows:  (i) to an account or accounts for the Southwest Sewer District of said county in such amount or amounts as shall be determined  by  the  county executive  of said county and approved by the county legislature of said county as necessary to stabilize assessments in such sewer  district  in any given year;  (ii)   to  an  account  or  accounts  for  any  other  sewer  district established by the county of Suffolk in such amount or amounts as  shall be determined by the county executive of said county and approved by the county  legislature of said county as necessary to stabilize assessments in any such sewer district in any given year; and  (iii) for distribution to the towns and villages  within  said  county which have established or created a sewer district or benefitted area to provide sewer improvements or constructed or are constructing a sewer or sewerage  system in such amount or amounts as shall be determined by the county  executive  of said county and approved by the county legislature of said county as necessary to stabilize assessments or  taxes,  as  the case  may  be,  in any such sewer district or benefitted area or for any such sewer system in any given year.  (c) To the extent necessary to continue the tax stabilization of those sewer districts receiving appropriations pursuant to subdivision (b)  of this  section,  the  net  collections  from  the tax imposed pursuant to subdivision (a) of this section for the period beginning December first, nineteen hundred eighty-eight and ending  November  thirtieth,  nineteen hundred  eighty-nine,  together with interest thereon at a rate equal to the interest rate for one year United States Treasury bills  as  of  the date such funds were invested, shall constitute a guarantee and shall be made available and paid to the assessment stabilization reserve fund set forth  in subdivision (b) of this section on a first priority basis from all of the net collections of the tax imposed pursuant to this section.  (d) Notwithstanding  any  other  provision  of  this  article  to  the contrary,   the  net  collections  from  the  tax  imposed  pursuant  to subdivision (a) of this section for the period beginning December first, nineteen  hundred  eighty-eight  and  ending  November  thirtieth,   two thousand  thirty  shall,  upon  payment  to  the  county  of Suffolk, be deposited in a special fund,  to  be  designated  as  a  drinking  water protection  reserve fund, to be created by said county therefor separate and apart from any other funds and accounts of  the  county.  Moneys  in such  fund  shall  be  deposited  in  one  or more of the banks or trust companies designated, in the manner provided by law, as a depository  of the  funds  of  such  county. Pending expenditure from such fund, moneys therein may be invested in the manner provided in section eleven of  the general  municipal  law. Any interest earned or capital gain realized on the moneys so deposited or invested shall accrue to and become  part  of such  fund. Moneys in said fund may be appropriated from and transferred to or expended in any fiscal  year  only  for  the  purposes  of  making payments  pursuant  to  subdivisions (b) and (c) of this section for the period beginning December first, nineteen hundred eighty-eight,  to  the extent  that  moneys  in  said  fund are remaining, and if authorized by local law, for the following purposes:  (i) for the purposes of specific environmental protection (acquisition of: farmland development rights; open space, wetlands,  woodlands,  pine barrens  and other lands for passive recreational uses; lands for hamlet greens, hamlet parks, pocket parks, historic parks, cultural  parks  and other  lands  for active/parkland recreational uses; lands necessary for maintaining and protecting the quality of surface water, groundwater and coastal resources);  (ii) for  a  water  quality  protection  and  restoration  program  or programs and land stewardship initiatives;  (iii) for the purposes of county-wide property tax protection; and  (iv) for the purpose of sewer taxpayer protection.   Notwithstanding  any  special  or  local  law,  resolution  or charter provision to the contrary, moneys in  said  fund  which  have  not  been appropriated  from and transferred to or expended in any fiscal year for the purposes of making payments pursuant to subdivisions (b) and (c)  of this  section,  may  alternatively  be  appropriated for the purposes of paying debt service on any new indebtedness incurred after the effective date of the chapter of the laws of two thousand one  that  enacted  this paragraph  pursuant  to the local finance law in order to effectuate the  purposes described in paragraph (i) or (ii) of this subdivision. For the purpose of allocating moneys in said fund pursuant to  local  law  among the  purposes  described in paragraphs (i), (ii), (iii) and (iv) of this subdivision,  moneys  applied  to  the payment of debt service under the authority of the previous sentence shall be considered by said county to have been expended for the purposes  for  which  such  indebtedness  was incurred.