* § 97-oo. Clean air fund. 1. There is hereby established in the joint
custody of the state comptroller and the commissioner of taxation and
finance a fund to be known as the "clean air fund" which shall consist
of an "operating permit program account" and a "mobile source account".

2. The operating permit program account shall consist of the
following:

a. monies collected pursuant to section 72-0303 of the environmental
conservation law;

b. all fines and penalties collected pursuant to subdivision twelve of
section 72-0201 of the environmental conservation law for the nonpayment
of fees; and

* c. all interest accrued on any such monies deposited into the
account.

* NB Repealed January 1, 2025

3. Monies in the operating permit program account shall be available,
following appropriation by the legislature, to pay the reasonable direct
and indirect costs of developing and implementing the operating permit
program established pursuant to section 19-0311 of the environmental
conservation law. Such reasonable direct and indirect costs shall
include:

a. reviewing and acting upon any application for an operating permit
or permit revision issued pursuant to section 19-0311 of the
environmental conservation law;

b. implementing and enforcing the terms and conditions of any
operating permit or permit revision issued pursuant to section 19-0311
of the environmental conservation law;

c. emissions and ambient monitoring, including auditing and inspecting
source-operated monitoring programs, related to operating permits or
permit revisions issued pursuant to section 19-0311 of the environmental
conservation law;

d. preparing generally applicable regulations and non-enforceable
guidance;

e. modelling, analyses and demonstrations;

f. preparing inventories and tracking emissions;

g. developing and implementing the small business stationary source
technical and environmental compliance assistance program established
pursuant to section 19-0313 of the environmental conservation law;

h. providing support to the small business stationary source
compliance advisory panel established pursuant to section 19-0315 of the
environmental conservation law;

i. developing and implementing the small business stationary source
ombudsman program established pursuant to section one hundred
thirty-seven of the economic development law; and

j. providing loans to the mobile source account, provided that any
such loan shall be repaid from such account.

4. The mobile source account shall consist of monies collected
pursuant to section three hundred one-b of the vehicle and traffic law,
paragraph two of subdivision (a) of section three hundred five of the
vehicle and traffic law, any monies collected pursuant to paragraph K of
subdivision seven of section four hundred one of the vehicle and traffic
law and subdivision four of section 71-2103 of the environmental
conservation law, and all interest accrued on any such monies deposited
into the account.

5. Monies in the mobile source account shall be available, following
appropriation by the legislature, to pay the reasonable direct and
indirect costs of developing and implementing the mobile source program
including inspection and maintenance, SIP planning and preparation
relating to mobile sources, fuels, preparing generally applicable
regulations and guidance, and other such additional reasonable costs
attributable to the mobile source program.

* NB There are 2 § 97-oo's