2023 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.