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A10519 Summary:

A10519 Actions:

A10519 Floor Votes:

A10519 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10519
 
                   IN ASSEMBLY
 
                                      June 1, 2012
                                       ___________
 
        Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Sweeney,
          Latimer) -- read once and referred to the Committee  on  Environmental
          Conservation
 
        AN ACT to amend the environmental conservation law and the state finance
          law, in relation to requiring retained deposits on unredeemed contain-
          ers to be deposited into the environmental protection fund
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 5  of  section  27-1012  of  the  environmental
     2  conservation  law, as added by section 8 of part SS of chapter 59 of the
     3  laws of 2009, is amended to read as follows:
     4    5. [All] a. The monies collected or  received  by  the  department  of
     5  taxation  and  finance  pursuant to this title shall be deposited to the
     6  credit of the comptroller with such responsible banks, banking houses or
     7  trust companies as may be designated by the comptroller.  Such  deposits
     8  shall be kept separate and apart from all other moneys in the possession
     9  of the comptroller. The comptroller shall require adequate security from
    10  all  such  depositories. Of the total revenue collected, the comptroller

    11  shall retain the amount determined by the commissioner of  taxation  and
    12  finance  to  be  necessary for refunds out of which the comptroller must
    13  pay any refunds to which a deposit  initiator  may  be  entitled.  After
    14  reserving  the amount to pay refunds, the comptroller must, by the tenth
    15  day of each month, pay into the state treasury  to  the  credit  of  the
    16  general  fund  or  into the environmental protection fund, in accordance
    17  with the schedule listed below, the revenue deposited under this  subdi-
    18  vision  during  the  preceding calendar month and remaining to the comp-
    19  troller's credit on the last day of that preceding month. The portion of
    20  the revenue to be deposited into the environmental protection fund after
    21  the amount to pay refunds has been reserved shall be:

    22    (i) ten million dollars of the revenue in  fiscal  year  two  thousand
    23  thirteen-two thousand fourteen;
    24    (ii) twenty million dollars of the revenue in fiscal year two thousand
    25  fourteen-two thousand fifteen;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16102-01-2
        A. 10519                            2
 
     1    (iii)  thirty  million dollars of the revenue in fiscal year two thou-
     2  sand fifteen-two thousand sixteen;
     3    (iv)  forty million dollars of the revenue in fiscal year two thousand
     4  sixteen-two thousand seventeen;

     5    (v) fifty million dollars in fiscal year  two  thousand  seventeen-two
     6  thousand eighteen; and
     7    (vi)  fifty-six  million dollars in fiscal year two thousand eighteen-
     8  two thousand nineteen and every year thereafter.
     9    b. The monies allocated to the environmental protection fund  by  this
    10  subdivision  shall be in addition to any other money allocated or appro-
    11  priated to the fund.
    12    § 2. Subdivision 3 of section  92-s  of  the  state  finance  law,  as
    13  amended  by  section  2  of part T of chapter 59 of the laws of 2009, is
    14  amended to read as follows:
    15    3. Such fund shall consist of the amount of revenue  collected  within
    16  the  state  from the amount of revenue, interest and penalties deposited
    17  pursuant to section fourteen hundred twenty-one  of  the  tax  law,  the

    18  amount  of fees and penalties received from easements or leases pursuant
    19  to subdivision fourteen of section seventy-five of the public lands  law
    20  and  the  money  received  as annual service charges pursuant to section
    21  four hundred four-l of the vehicle and traffic law, all moneys  required
    22  to  be  deposited  therein from the contingency reserve fund pursuant to
    23  section two hundred ninety-four of chapter fifty-seven of  the  laws  of
    24  nineteen  hundred  ninety-three,  all  moneys  required  to be deposited
    25  pursuant to section thirteen of chapter six hundred ten of the  laws  of
    26  nineteen  hundred  ninety-three,  repayments  of  loans made pursuant to
    27  section 54-0511 of the environmental conservation law, all moneys to  be
    28  deposited from the Northville settlement pursuant to section one hundred
    29  twenty-four  of  chapter  three  hundred  nine  of  the laws of nineteen

    30  hundred ninety-six, provided however, that such  moneys  shall  only  be
    31  used  for  the cost of the purchase of private lands in the core area of
    32  the central Suffolk pine barrens pursuant to a consent  order  with  the
    33  Northville  industries  signed  on  October thirteenth, nineteen hundred
    34  ninety-four and the related resource restoration and  replacement  plan,
    35  the  amount  of  penalties  required  to be deposited therein by section
    36  71-2724 of the environmental conservation law, all moneys required to be
    37  deposited pursuant to article thirty-three of the environmental  conser-
    38  vation  law, all fees collected pursuant to subdivision eight of section
    39  70-0117 of the environmental conservation law[, as added by a chapter of
    40  the laws of two thousand nine], all moneys collected pursuant  to  title

    41  thirty-three  of article fifteen of the environmental conservation law[,
    42  as added by a chapter of the laws of  two  thousand  nine],  all  moneys
    43  required  to  be  deposited  pursuant to section 27-1012 of the environ-
    44  mental conservation law and all other  moneys  credited  or  transferred
    45  thereto  from any other fund or source pursuant to law. All such revenue
    46  shall be initially deposited into the environmental protection fund, for
    47  application as provided in subdivision five of this section.
    48    § 3. This act shall take effect immediately.