§ 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.