S T A T E O F N E W Y O R K
________________________________________________________________________
2594--A
2017-2018 Regular Sessions
I N S E N A T E
January 13, 2017
___________
Introduced by Sens. MARCELLINO, AVELLA, CARLUCCI, HOYLMAN, PHILLIPS,
SERINO, SERRANO -- read twice and ordered printed, and when printed to
be committed to the Committee on Environmental Conservation -- recom-
mitted to the Committee on Environmental Conservation in accordance
with Senate Rule 6, sec. 8 -- reported favorably from said committee
and committed to the Committee on Finance -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
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.
§ 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 TWENTY, 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-FIVE, FOR PAST TRANSFERS MADE FROM THE ENVI-
RONMENTAL PROTECTION FUND INTO THE GENERAL FUND.
§ 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.
LBD02662-04-8
S. 2594--A 2
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.
§ 4. Section 1421 of the tax law, as amended by chapter 99 of the laws
of 2010, is amended to read as follows:
§ 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 NINETY-THREE MILLION SIX HUNDRED EIGHTY THOUSAND DOLLARS
SHALL BE DEPOSITED IN SUCH FUND FOR THE FISCAL YEAR BEGINNING APRIL
FIRST, TWO THOUSAND NINETEEN; THE AMOUNT OF TWO HUNDRED SIXTY-EIGHT
MILLION TWO HUNDRED SIXTY THOUSAND DOLLARS SHALL BE DEPOSITED IN SUCH
FUND FOR THE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND TWENTY; THE
AMOUNT OF THREE HUNDRED FORTY-TWO MILLION EIGHT HUNDRED FORTY THOUSAND
DOLLARS SHALL BE DEPOSITED IN SUCH FUND FOR THE FISCAL YEAR BEGINNING
APRIL FIRST, TWO THOUSAND TWENTY-ONE; THE AMOUNT OF FOUR HUNDRED SEVEN-
TEEN MILLION FOUR HUNDRED TWENTY THOUSAND DOLLARS SHALL BE DEPOSITED IN
SUCH FUND FOR THE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND TWEN-
TY-TWO; AND THE AMOUNT OF FOUR HUNDRED NINETY-TWO MILLION DOLLARS SHALL
BE DEPOSITED IN SUCH FUND FOR THE FISCAL YEAR BEGINNING APRIL FIRST, TWO
THOUSAND TWENTY-THREE; 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 four-
teen 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
S. 2594--A 3
is required to be made. In the event such amount of taxes, interest and
penalties so remaining to the 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 avail-
able. Beginning April first, nineteen hundred ninety-seven, the comp-
troller shall transfer monthly to the clean water/clean air fund estab-
lished pursuant to section ninety-seven-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.
§ 5. This act shall take effect April 1, 2019; 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, 2019.