2006 New York Code - Hazardous Waste Remedial Fund.

 
    §  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  section  one  hundred
  eighty-six  of the navigation law which shall be deposited in the fund's
  industry fee transfer account; (f) all moneys  paid  into  the  fund  by
  municipalities  for repayment of landfill closure loans made pursuant to
  title five of article fifty-two of the  environmental  conservation  law
  for  deposit  in the fund's site investigation and construction account;
  (g) all monies recovered under sections 56-0503, 56-0505 and 56-0507  of
  the   environmental  conservation  law  into  the  fund's  environmental
  restoration project account; (h) all fees paid into the fund pursuant to
  section 72-0403 of the environmental conservation  law  which  shall  be
  deposited  in  the  fund's  industry  fee transfer account; (i) payments
  received for all state costs incurred in negotiating and overseeing  the
  implementation  of  brownfield site cleanup agreements pursuant to title
  fourteen of the environmental conservation law shall be deposited in the
  hazardous waste remediation oversight and assistance  account;  and  (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  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  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,  respecting  the  monies  in  the  environmental restoration
  project account in excess of ten million dollars,  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; and
    (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) 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.