§ 92-s. Environmental protection fund. 1. There is hereby established
in the joint custody of the comptroller and the commissioner of taxation
and finance a special fund to be known as the "environmental protection
fund".

2. a. The comptroller shall establish the following separate and
distinct accounts within the environmental protection fund:

(i) solid waste account;

(ii) parks, recreation and historic preservation account;

(iii) open space account;

(iv) climate change mitigation and adaptation account; and

(v) environmental protection transfer account.

b. All monies received by the comptroller for deposit in the
environmental protection fund shall be deposited first to the credit of
the environmental protection transfer account. No monies shall be
expended from any such account for any project except pursuant to
appropriation by the legislature.

3. Such fund shall consist of the amount of revenue collected within
the state from the amount of revenue, interest and penalties deposited
pursuant to section fourteen hundred twenty-one of the tax law, the
amount of fees and penalties received from easements or leases pursuant
to subdivision fourteen of section seventy-five of the public lands law
and the money received as annual service charges pursuant to section
four hundred four-n of the vehicle and traffic law, all moneys required
to be deposited therein from the contingency reserve fund pursuant to
section two hundred ninety-four of chapter fifty-seven of the laws of
nineteen hundred ninety-three, all moneys required to be deposited
pursuant to section thirteen of chapter six hundred ten of the laws of
nineteen hundred ninety-three, repayments of loans made pursuant to
section 54-0511 of the environmental conservation law, all moneys to be
deposited from the Northville settlement pursuant to section one hundred
twenty-four of chapter three hundred nine of the laws of nineteen
hundred ninety-six, provided however, that such moneys shall only be
used for the cost of the purchase of private lands in the core area of
the central Suffolk pine barrens pursuant to a consent order with the
Northville industries signed on October thirteenth, nineteen hundred
ninety-four and the related resource restoration and replacement plan,
the amount of penalties required to be deposited therein by section
71-2724 of the environmental conservation law, all moneys required to be
deposited pursuant to article thirty-three of the environmental
conservation law, all fees collected pursuant to subdivision eight of
section 70-0117 of the environmental conservation law, all moneys
collected pursuant to title thirty-three of article fifteen of the
environmental conservation law, beginning with the fiscal year
commencing on April first, two thousand thirteen, nineteen million
dollars, and all fiscal years thereafter, twenty-three million dollars
plus all funds received by the state each fiscal year in excess of the
greater of the amount received from April first, two thousand twelve
through March thirty-first, two thousand thirteen or one hundred
twenty-two million two hundred thousand dollars, from the payments
collected pursuant to subdivision four of section 27-1012 of the
environmental conservation law and all funds collected pursuant to
section 27-1015 of the environmental conservation law, all moneys
required to be deposited pursuant to sections 27-2805 and 27-2807 of the
environmental conservation law, all moneys collected pursuant to section
71-2730 of the environmental conservation law, all moneys required to be
deposited pursuant to section 27-3205 of the environmental conservation
law, and all other moneys credited or transferred thereto from any other
fund or source pursuant to law. All such revenue shall be initially
deposited into the environmental protection fund, for application as
provided in subdivision five of this section.

5. Revenues in the environmental protection fund shall be kept
separate and shall not be commingled with any other moneys in the
custody of the comptroller. All deposits of such revenues shall, if
required by the comptroller, be secured by obligations of the United
States or of the state having a market value equal at all times to the
amount of such deposits and all banks and trust companies are authorized
to give security for such deposits. Any such revenues in such fund may,
upon the discretion of the comptroller, be invested in obligations in
which the comptroller is authorized to invest pursuant to section
ninety-eight-a of this article.

6. (a) All moneys heretofore and hereafter deposited in the
environmental protection transfer account shall be transferred by the
comptroller to the solid waste account, the parks, recreation and
historic preservation account, the climate change mitigation and
adaptation account or the open space account upon the request of the
director of the budget.

(b) Moneys from the solid waste account shall be available, pursuant
to appropriation and upon certificate of approval of availability by the
director of the budget, for any non-hazardous municipal landfill closure
project; municipal waste reduction or recycling project, as defined in
article fifty-four of the environmental conservation law; for the
purposes of section two hundred sixty-one and section two hundred
sixty-four of the economic development law; any project for the
development, updating or revision of local solid waste management plans
pursuant to sections 27-0107 and 27-0109 of the environmental
conservation law; environmental justice projects and grants and for the
development of the pesticide sales and use data base pursuant to title
twelve of article thirty-three of the environmental conservation law.

(c) Moneys from the parks, recreation and historic preservation
account shall be available, pursuant to appropriation, for any municipal
park project, historic preservation project, urban cultural park
project, waterfront revitalization program, coastal rehabilitation
project.

(d) Moneys from the open space account shall be available, pursuant to
appropriation, for any open space land conservation project,
bio-diversity stewardship and research pursuant to chapter five hundred
fifty-four of the laws of nineteen hundred ninety-three, for the
purposes of agricultural and farmland protection activities as
authorized by article twenty-five-AAA of the agriculture and markets
law, non-point source abatement and control projects pursuant to section
17-1409 of the environmental conservation law and section eleven-b of
the soil and water conservation districts law, for Long Island Central
Pine Barrens area planning or Long Island south shore estuary reserve
planning pursuant to title thirteen of article fifty-four of the
environmental conservation law, and for operation and management of the
Albany Pine Bush preserve commission pursuant to subdivision two of
section 54-0303 of the environmental conservation law.

(e) The governor shall include a specific line appropriation in the
capital projects budget describing individual open space land
conservation projects proposed to be undertaken by the department of
environmental conservation and/or the office of parks, recreation and
historic preservation pursuant to title three of article fifty-four of
the environmental conservation law and listed in the state open space
land acquisition plan prepared pursuant to title two of article
forty-nine of the environmental conservation law.

(f) Moneys from the climate change account shall be available,
pursuant to appropriation and upon certificate of approval of
availability by the director of the budget, for climate smart
communities projects pursuant to title fifteen of article fifty-four of
the environmental conservation law.

7. Notwithstanding any other provision of law, no state assistance
payment authorized under this section or article fifty-four of the
environmental conservation law may be applied, with respect to any
project located within the area of New York county bounded by (a) the
northern boundary of Fifty-ninth street and Fifty-ninth street extended;
(b) the United States pierhead line; (c) the northern boundary of the
area known as Battery Park City; and (d) eight hundred feet inland
easterly from the United States bulkhead line:

(i) for, other than for recreational use or access inland of the
existing bulkhead line, any roads, bridges, ramps or parking facilities
or sewers or water mains;

(ii) for any site improvement, including sewers or water mains, to
support residential, industrial or commercial development;

(iii) to excavate, place fill or plantings in, or place any piling,
platform or structure, including a floating structure, in the Hudson
river;

(iv) to plan, evaluate or study any project involving such excavation
or placement as described in subparagraph (iii) of this paragraph; or

(v) for any purpose or project except where the commissioner of
environmental conservation, with the approval of the director of the
budget, enters into a contract with the city of New York or a state
agency, but not with any public benefit corporation or public authority
or any other person or entity, for the undertaking of the purpose or
project. No part of the purpose or project may be subcontracted to any
public benefit corporation, public authority, not-for-profit
corporation, or municipality other than the city of New York, nor shall
any such state assistance payment be paid to, on behalf of, or pursuant
to any agreement with any such entity.

8. All payments of moneys from the fund shall be made on the audit and
warrant of the comptroller.

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
transfer 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 million one hundred seventy-one thousand dollars.