NY Tax L § 1299-H (2021)
2021 New York Laws TAX - Tax Article 29-C - Congestion Surcharge 1299-H - Deposit and Disposition of Revenue.

§  1299-H.  Deposit  and  disposition  of  revenue. (a) Any surcharge, interest, and penalties collected or received by the commissioner  shall be  deposited daily with such responsible banks, banking houses or trust companies, as may be designated by the comptroller, to the credit of the comptroller in trust for the metropolitan transportation  authority.  An account  may  be  established  in one or more of such depositories. Such deposits will be kept separate and apart from all  other  money  in  the possession  of  the  comptroller. The comptroller shall require adequate security from all such depositories. Of the total revenue  collected  or received under this article, the comptroller shall retain such amount as the  commissioner  may  determine to be necessary for refunds under this article. The commissioner is authorized and directed to deduct from  the amounts  it  receives  under this article, before deposit into the trust accounts designated by the comptroller, a reasonable amount necessary to effectuate refunds of appropriations of the department to reimburse  the department  for the costs incurred to administer, collect and distribute the surcharge, interest, and penalties imposed by this article.  (b) On or before the twelfth day of each month, after  reserving  such amount  for  such  refunds and deducting such amounts for such costs, as provided for in subdivision (a) of this section, the commissioner  shall certify to the comptroller the amount of revenues so received during the prior  month  as  a  result  of the surcharge, interest and penalties so imposed. Notwithstanding any provision of law  to  the  contrary,  after deducting  the  amounts  specified  in  the previous sentence, the first three  hundred  sixty-two  million  dollars  collected  or  received  in calendar year two thousand nineteen, the first three hundred one million dollars  collected or received in calendar year two thousand twenty, and the first three hundred million dollars collected or  received  in  each calendar year thereafter, shall be deposited by the comptroller, without appropriation,  pursuant  to  subdivision  (c) of this section. The next fifty million  dollars  collected  or  received  in  calendar  year  two thousand  nineteen,  and  in  each  year  thereafter, in excess of funds collected and deposited pursuant to subdivision  (c)  of  this  section, shall  be  deposited by the comptroller, without appropriation, pursuant to  subdivision  (d)  of  this  section,  provided,  however,  that  any uncommitted  fund  balance  at the end of each calendar year through the approval  process  of  subdivision  three  of  section  twelve   hundred seventy-i of the public authorities law shall be transferred on the last business  day  of  the  calendar year by the metropolitan transportation authority from the outer borough transportation account to  the  general transportation  account  of  the New York city transportation assistance fund  created  by  section  twelve  hundred  seventy-i  of  the   public authorities  law.  Any  amounts collected or received, in any year, that are in excess of the amounts deposited pursuant to subdivisions (c)  and (d)  of  this  section,  shall  be deposited by the comptroller, without appropriation, pursuant to subdivision (e) of this section.  (c) The amount of revenues so certified shall  be  paid  over  by  the fifteenth  business  day  of  each  succeeding  month from such account, without appropriation, into the subway action plan account  of  the  New York city transportation assistance fund established pursuant to section twelve hundred seventy-i of the public authorities law.  (d)  The  amount  of  revenues  so certified that are in excess of the amounts deposited as provided in subdivision (c) of this section,  shall be paid over by the fifteenth business day of each succeeding month from such   account,   without   appropriation,   into   the   outer  borough transportation account of the New York  city  transportation  assistance fund  established  pursuant  to  section twelve hundred seventy-i of the public authorities law.  (e) The amount of revenues so certified that  are  in  excess  of  the amounts  deposited  as  provided  in  subdivisions  (c)  and (d) of this section, shall be paid over  by  the  fifteenth  business  day  of  each succeeding  month  from  such  account,  without appropriation, into the general  transportation  account  of  the  New  York city transportation assistance fund established pursuant to section twelve hundred seventy-i of the public authorities law.  (f)  Notwithstanding  any  provision  of  law  to  the  contrary,  any surcharge  imposed  by  this  article  that  is  paid in connection with transportation provided to persons eligible for medical  assistance  who are  transported  pursuant  to section three hundred sixty-five-h of the social services law shall be transferred on a quarterly basis  from  the account  specified  in  paragraph  (a)  of  this section to the Medicaid management information system escrow fund. The  commissioner  of  health shall collect the Medicaid transportation data necessary to determine an amount  to  be transferred each quarter; provided that such amount shall be reconciled in the  subsequent  quarter  to  reflect  actual  Medicaid surcharge expenditures; and further provided that any difference between the  amount  transferred  and the reconciled amount shall be added to or subtracted from the amount transferred in the following quarter.