S T A T E   O F   N E W   Y O R K
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                                 7647--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2013
                               ___________

Introduced by M. of A. FAHY, ROZIC, MILLMAN, SKARTADOS, RAIA, MONTESANO,
  LUPINACCI,  CAHILL,  HOOPER -- Multi-Sponsored by -- M. of A. BRENNAN,
  COOK, GLICK, McDONALD, McLAUGHLIN, SEPULVEDA,  THIELE,  WEISENBERG  --
  read  once and referred to the Committee on Environmental Conservation
  -- recommitted to  the  Committee  on  Environmental  Conservation  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend the environmental conservation law, the state finance
  law and the tax law, in relation to transfers from  the  environmental
  protection fund to the general fund

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 54-0109 of the environmental  conservation  law  is
amended by adding a new closing paragraph to read as follows:
  IN  ADDITION,  THE  DIVISION  OF  THE BUDGET, IN CONSULTATION WITH THE
STATE COMPTROLLER, SHALL DEVELOP A COURSE OF ACTION  FOR  THE  REPAYMENT
OVER  THE  NEXT  FIVE YEARS OF MONIES TRANSFERRED FROM THE ENVIRONMENTAL
PROTECTION FUND TO THE GENERAL FUND. SUCH  COURSE  OF  ACTION  SHALL  BE
INCLUDED IN THE REPORT.
  S  2. Section 92-s of the state finance law is amended by adding a new
subdivision 10 to read as follows:
  10. NO LATER THAN APRIL FIRST, TWO THOUSAND SIXTEEN, DEPOSITS SHALL BE
COMMENCED IN ACCORDANCE WITH THE COURSE OF ACTION SET FORTH  IN  SECTION
54-0109  OF  THE  ENVIRONMENTAL  CONSERVATION  LAW AND CONCLUDE BY APRIL
FIRST, TWO THOUSAND TWENTY-ONE, FOR PAST TRANSFERS MADE FROM  THE  ENVI-
RONMENTAL PROTECTION FUND INTO THE GENERAL FUND.
  S  3.  Subdivision  9  of  section  92-s  of the state finance law, as
amended by section 1 of part B of chapter 59 of the  laws  of  2008,  is
amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10101-03-4

              

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  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 trans-
fer  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]  FIVE  HUNDRED  SEVEN  million  one  hundred seventy-one thousand
dollars.  FOR THE PURPOSES OF THIS SUBDIVISION,  THE  TERM  INSUFFICIENT
SHALL  MEAN  THAT  THERE  IS NOT AN ADEQUATE CASH BALANCE TO FINANCE ALL
CURRENT FISCAL YEAR APPROPRIATIONS AND ANY OUTSTANDING PRIOR YEAR  OBLI-
GATIONS.
  S 4. Section 1421 of the tax law, as amended by chapter 99 of the laws
of 2010, is amended to read as follows:
  S 1421. Deposit and dispositions of revenues. From the taxes, interest
and  penalties attributable to the tax imposed pursuant to section four-
teen hundred two of this article, the amount of one hundred  ninety-nine
million  three  hundred thousand dollars shall be deposited by the comp-
troller in the environmental protection  fund  established  pursuant  to
section ninety-two-s of the state finance law for the fiscal year begin-
ning  April first, two thousand nine; the amount of one hundred nineteen
million one hundred thousand dollars shall be deposited in such fund for
the fiscal year beginning April first, two thousand ten; THE  AMOUNT  OF
ONE  HUNDRED  FORTY-NINE MILLION DOLLARS SHALL BE DEPOSITED IN SUCH FUND
FOR THE FISCAL YEAR BEGINNING APRIL FIRST,  TWO  THOUSAND  FIFTEEN;  THE
AMOUNT OF ONE HUNDRED SEVENTY-NINE MILLION DOLLARS SHALL BE DEPOSITED IN
SUCH  FUND  FOR  THE  FISCAL  YEAR  BEGINNING  APRIL FIRST, TWO THOUSAND
SIXTEEN; THE AMOUNT OF TWO HUNDRED NINE MILLION DOLLARS SHALL BE  DEPOS-
ITED  IN  SUCH FUND FOR THE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOU-
SAND SEVENTEEN; THE AMOUNT OF TWO HUNDRED  THIRTY-NINE  MILLION  DOLLARS
SHALL  BE  DEPOSITED  IN SUCH FUND FOR FOUR FISCAL YEARS BEGINNING APRIL
FIRST, TWO THOUSAND EIGHTEEN; AND THE AMOUNT OF TWO HUNDRED  SEVENTY-TWO
MILLION  DOLLARS  SHALL  BE  DEPOSITED  IN SUCH FUND FOR THE FISCAL YEAR
BEGINNING APRIL FIRST, TWO THOUSAND NINETEEN; and for each  fiscal  year
thereafter.  On or before June twelfth, nineteen hundred ninety-five and
on or before the twelfth day of each  month  thereafter  (excepting  the
first  and  second  months  of  each fiscal year), the comptroller shall
deposit into such fund from the taxes, interest and penalties  collected
pursuant to such section fourteen hundred two of this article which have
been  deposited  and  remain  to  the comptroller's credit in the banks,
banking houses or trust companies referred to  in  section  one  hundred
seventy-one-a  of  this chapter at the close of business on the last day
of the preceding month, an amount  equal  to  one-tenth  of  the  annual
amount  required  to  be deposited in such fund pursuant to this section
for the fiscal year in which such deposit is required to be made. In the
event such amount of taxes, interest and penalties so remaining  to  the

A. 7647--A                          3

comptroller's credit is less than the amount required to be deposited in
such  fund by the comptroller, an amount equal to the shortfall shall be
deposited in such fund by the comptroller with subsequent  deposits,  as
soon  as  the  revenue  is  available.  Beginning  April first, nineteen
hundred ninety-seven, the comptroller  shall  transfer  monthly  to  the
clean  water/clean  air fund established pursuant to section ninety-sev-
en-bbb of the state finance law, all moneys remaining from  such  taxes,
interest  and  penalties  collected that are not required for deposit in
the environmental protection fund.
  S 5. This act shall take effect April 1, 2015; provided,  however,  if
this  act  shall become a law after such date it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after April 1, 2015.