2023 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.