Bill Text: NY A03084 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the environmental conservation law, the state finance law and the tax law, in relation to the establishment of the airport community redevelopment enterprise program
Spectrum: Moderate Partisan Bill (Democrat 12-2)
Status: (Introduced - Dead) 2010-01-06 - referred to environmental conservation [A03084 Detail]
Download: New_York-2009-A03084-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3084
2009-2010 Regular Sessions
I N A S S E M B L Y
January 22, 2009
___________
Introduced by M. of A. PHEFFER, WEISENBERG, CANESTRARI, ORTIZ, GABRYSZAK
-- Multi-Sponsored by -- M. of A. ALFANO, BARRA, CLARK, DelMONTE,
GIANARIS, MAYERSOHN, MILLMAN, SCARBOROUGH, SWEENEY -- read once and
referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, the state finance
law and the tax law, in relation to the establishment of the airport
community redevelopment enterprise program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The environmental conservation law is amended by adding a
2 new article 48 to read as follows:
3 ARTICLE 48
4 AIRPORT COMMUNITY REDEVELOPMENT ENTERPRISE PROGRAM
5 SECTION 48-0101. LEGISLATIVE FINDINGS AND INTENT.
6 48-0103. DEFINITIONS.
7 48-0105. DISTRIBUTION OF FUNDS.
8 48-0107. COMMUNITY ENRICHMENT FUNCTIONS.
9 48-0109. AIRPORT CATASTROPHE FUND DISTRIBUTION.
10 S 48-0101. LEGISLATIVE FINDINGS AND INTENT.
11 THE LEGISLATURE FINDS THAT AIR TRAVEL, PARTICULARLY TO AND FROM LARGE
12 AIRPORTS, IMPOSES COST ON RESIDENTS AND BUSINESSES IN SURROUNDING AREAS.
13 AIR TRAVEL INHERENTLY CREATES POLLUTION, NOISE, AND TRAFFIC CONGESTION.
14 THEREFORE, IT IS THE INTENT OF THE LEGISLATURE TO HELP ALLEVIATE THE
15 INHERENT PROBLEMS BY CREATING THE AIRPORT COMMUNITY REDEVELOPMENT ENTER-
16 PRISE (ACRE) PROGRAM. THIS PROGRAM IS INTENDED TO IMPROVE NEIGHBORHOODS
17 THAT SERVE LARGE VOLUME AIRPORTS AND THAT BEAR THE PROBLEMS CREATED BY
18 THE AIRPORTS.
19 S 48-0103. DEFINITIONS.
20 FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING WORDS SHALL HAVE THE
21 FOLLOWING MEANINGS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04475-01-9
A. 3084 2
1 1. "AIRPORT ZONE" SHALL MEAN THE APPROPRIATE AREA AROUND AN AIRPORT
2 SERVING AT LEAST 1.5 MILLION PASSENGERS PER YEAR, CONSISTING OF ONE
3 PRIMARY TARGETED ZONE AND ONE SECONDARY TARGETED ZONE.
4 2. "AUXILIARY ORGANIZATION" SHALL MEAN POLICE DEPARTMENTS, FIRE
5 DEPARTMENTS, AMBULANCE SERVICES, AND ANY OTHER ORGANIZATION USED PRIMA-
6 RILY AS A SERVICE FOR PUBLIC BENEFIT IN TARGETED ZONES.
7 3. "PRIMARY TARGETED ZONE" SHALL MEAN THAT AREA WITHIN A TEN MILE
8 RADIUS OF AN AIRPORT.
9 4. "SECONDARY TARGETED ZONE" SHALL MEAN THAT AREA IN A RADIUS OF MORE
10 THAN TEN BUT LESS THAN TWENTY-FIVE MILES OF AN AIRPORT.
11 S 48-0105. DISTRIBUTION OF FUNDS.
12 ALL MONEYS IN THE AIRPORT COMMUNITY REDEVELOPMENT ENTERPRISE FUND, AS
13 DEFINED IN SECTION EIGHTY-NINE-H OF THE STATE FINANCE LAW, SHALL BE
14 DISTRIBUTED AS FOLLOWS:
15 1. TWENTY-FIVE PERCENT OF THE MONIES COLLECTED SHALL BE USED TO SUBSI-
16 DIZE AUXILIARY ORGANIZATIONS.
17 2. FIVE PERCENT OF THE MONIES COLLECTED SHALL BE TRANSFERRED TO THE
18 AIRPORT CATASTROPHE FUND, AS DEFINED IN SECTION EIGHTY-NINE-I OF THE
19 STATE FINANCE LAW.
20 3. THIRTY-FIVE PERCENT OF THE MONIES COLLECTED SHALL BE USED IN PRIMA-
21 RY TARGETED ZONES AND THIRTY-FIVE PERCENT OF THE MONIES COLLECTED SHALL
22 BE USED IN SECONDARY TARGETED ZONES.
23 4. ALL MONIES DISTRIBUTED PURSUANT TO SUBDIVISION THREE OF THIS
24 SECTION SHALL BE DISTRIBUTED EQUALLY AMONG ALL QUALIFYING AIRPORT ZONES.
25 S 48-0107. COMMUNITY ENRICHMENT FUNCTIONS.
26 ALL MONIES DISTRIBUTED PURSUANT TO SUBDIVISION THREE OF SECTION
27 48-0105 OF THIS ARTICLE SHALL BE USED TO ACCOMPLISH THE FOLLOWING TASKS:
28 1. PROVIDE REAL PROPERTY TAX ABATEMENTS TO PROPERTY OWNERS LOCATED
29 WITHIN TARGETED ZONES.
30 2. PROVIDE EDUCATIONAL AND TRAINING PROGRAMS TO BENEFIT THE MEMBERS OF
31 COMMUNITIES LOCATED WITHIN TARGETED ZONES.
32 3. FUND PUBLIC WORKS PROJECTS WITHIN TARGETED ZONES TO ENHANCE THE
33 AESTHETIC BEAUTY OF THE COMMUNITIES WITHIN SUCH ZONES.
34 S 48-0109. AIRPORT CATASTROPHE FUND DISTRIBUTION.
35 ALL MONIES DEPOSITED INTO THE AIRPORT CATASTROPHE FUND SHALL BE USED
36 FOR VICTIM COMPENSATION AND REHABILITATION OF AREAS AFFECTED BY AN
37 AIRPORT DISASTER.
38 S 2. The state finance law is amended by adding two new sections 89-h
39 and 89-i to read as follows:
40 S 89-H. AIRPORT COMMUNITY REDEVELOPMENT ENTERPRISE FUND. 1. THERE IS
41 HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION
42 AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE
43 "AIRPORT COMMUNITY REDEVELOPMENT ENTERPRISE FUND".
44 2. SUCH FUND SHALL CONSIST OF ALL MONEYS RECEIVED BY THE STATE PURSU-
45 ANT TO SECTION THREE HUNDRED ONE-E OF THE TAX LAW.
46 3. MONEYS IN THE AIRPORT COMMUNITY REDEVELOPMENT ENTERPRISE FUND SHALL
47 BE KEPT SEPARATE AND APART AND SHALL NOT BE COMMINGLED WITH ANY OTHER
48 MONEYS IN THE CUSTODY OF THE COMPTROLLER.
49 4. THE MONEYS IN SUCH FUND SHALL BE EXPENDED ONLY FOR THE PURPOSES
50 SPELLED OUT IN ARTICLE FORTY-EIGHT OF THE ENVIRONMENTAL CONSERVATION
51 LAW.
52 5. IF A CITY RECEIVING MONEY PURSUANT TO ARTICLE FORTY-EIGHT OF THE
53 ENVIRONMENTAL CONSERVATION LAW FAILS TO MEET ITS OBLIGATIONS OR SPENDS
54 SUCH FUNDS IN A MANNER INCONSISTENT WITH THE PROVISIONS SET FORTH IN
55 SUCH ARTICLE, THEN THE COMPTROLLER IS AUTHORIZED TO WITHHOLD ANY ADDI-
56 TIONAL MONIES TO SUCH CITY.
A. 3084 3
1 S 89-I. AIRPORT CATASTROPHE FUND. 1. THERE IS HEREBY ESTABLISHED IN
2 THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE
3 COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "AIRPORT CATASTROPHE
4 FUND".
5 2. SUCH FUND SHALL CONSIST OF ALL MONEYS TRANSFERRED BY THE STATE
6 PURSUANT TO SUBDIVISION TWO OF SECTION 48-0105 OF THE ENVIRONMENTAL
7 CONSERVATION LAW.
8 3. MONEYS IN THE AIRPORT CATASTROPHE FUND SHALL BE KEPT SEPARATE AND
9 APART AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY
10 OF THE COMPTROLLER.
11 4. THE MONEYS IN SUCH FUND SHALL BE EXPENDED ONLY FOR THE PURPOSES
12 SPELLED OUT IN SECTION 48-0109 OF THE ENVIRONMENTAL CONSERVATION LAW.
13 S 3. Subdivision (b) of section 312 of the tax law, as amended by
14 section 8 of part EE of chapter 63 of the laws of 2000, is amended to
15 read as follows:
16 (b) Of all of the taxes collected or received by the commissioner on
17 or before March thirty-first, nineteen hundred ninety-one under the
18 taxes imposed by sections three hundred one-a and three hundred one-e of
19 this article, and all interest and penalties relating thereto, eighty-
20 seven and five-hundredths percent of such collections shall be deposited
21 and disposed of pursuant to the provisions of section one hundred seven-
22 ty-one-a of this chapter and the balance thereof shall be deposited in
23 the mass transportation operating assistance fund to the credit of the
24 metropolitan mass transportation operating assistance account and the
25 public transportation systems operating assistance account thereof in
26 the manner provided by subdivision eleven of section one hundred eight-
27 y-two-a of this chapter. Of all taxes, interest and penalties collected
28 or received after March thirty-first, nineteen hundred ninety-one, and
29 before April first, nineteen hundred ninety-three, from the taxes
30 imposed by sections three hundred one-a and three hundred one-e of this
31 article, initially thirty-five percent shall be deposited and disposed
32 of pursuant to such section one hundred seventy-one-a. The balance ther-
33 eof shall then be disposed of as follows: seventy-two and seven-tenths
34 percent shall be deposited and disposed of pursuant to such section one
35 hundred seventy-one-a and twenty-seven and three-tenths percent shall be
36 deposited in such mass transportation operating assistance fund as
37 prescribed in the aforestated manner. Except as otherwise provided, of
38 all taxes, interest and penalties collected or received after March
39 thirty-first, nineteen hundred ninety-three, and before April first,
40 nineteen hundred ninety-four AND BEFORE SEPTEMBER FIRST, NINETEEN
41 HUNDRED NINETY-FOUR, from the taxes imposed by sections three hundred
42 one-a and three hundred one-e of this article, (i) initially fifty-four
43 percent shall be deposited, as prescribed by subdivision (d) of section
44 three hundred one-j of this [chapter] ARTICLE, (ii) twenty-eight and
45 three-tenths percent shall be deposited and disposed of pursuant to such
46 section one hundred seventy-one-a of this chapter in the general fund
47 and (iii) seventeen and seven-tenths percent shall be deposited in such
48 mass transportation operating assistance fund as prescribed in the
49 aforestated manner. Provided, however, that, prior to such deposit, from
50 the amounts so collected or received during the period commencing on
51 January first, nineteen hundred ninety-four and ending on March thirty-
52 first, nineteen hundred ninety-four, an amount equal to the portion of
53 the taxes, interest and penalties so received or collected resulting
54 from the amendments made by sections forty-two, forty-three and forty-
55 four of chapter fifty-seven of the laws of nineteen hundred ninety-three
56 shall be deposited and disposed of pursuant to the provisions of subdi-
A. 3084 4
1 vision one of section one hundred seventy-one-a of this chapter. Except
2 as otherwise provided, of all taxes, interest and penalties collected or
3 received on or after April first, nineteen hundred ninety-four, from the
4 taxes imposed by sections three hundred one-a and three hundred one-e of
5 this article, (i) initially fifty-four percent shall be deposited, as
6 prescribed by subdivision (d) of section three hundred one-j of this
7 article, (ii) twenty-eight and three-tenths percent shall be deposited
8 and disposed of pursuant to such section one hundred seventy-one-a of
9 this chapter in the general fund, (iii) seven and nine hundred sixty-
10 five thousandths percent shall be deposited in such mass transportation
11 operating assistance fund as prescribed in the aforestated manner and
12 (iv) nine and seven hundred thirty-five thousandths percent shall be
13 deposited in the revenue accumulation fund. Except as otherwise
14 provided, of all taxes, interest and penalties collected or received on
15 or after September first, nineteen hundred ninety-four and before
16 September first, nineteen hundred ninety-five, from the taxes imposed by
17 sections three hundred one-a and three hundred one-e of this article,
18 (i) initially fifty-nine percent shall be deposited, as prescribed by
19 subdivision (d) of section three hundred one-j of this article, (ii)
20 twenty-two and four-tenths percent shall be deposited and disposed of
21 pursuant to such section one hundred seventy-one-a of this chapter in
22 the general fund, (iii) eight and three hundred seventy thousandths
23 percent shall be deposited in such mass transportation operating assist-
24 ance fund as prescribed in the aforestated manner and (iv) ten and two
25 hundred thirty thousandths percent shall be deposited in the revenue
26 accumulation fund. Except as otherwise provided, of all taxes, interest
27 and penalties, collected or received on or after September first, nine-
28 teen hundred ninety-five and before April first, nineteen hundred nine-
29 ty-six from the taxes imposed by sections three hundred one-a and three
30 hundred one-e of this article, (i) initially sixty-two and eight-tenths
31 percent shall be deposited as prescribed by subdivision (d) of section
32 three hundred one-j of this article, (ii) eighteen percent shall be
33 deposited and disposed of pursuant to section one hundred seventy-one-a
34 of this chapter in the general fund, (iii) eight and six hundred forty
35 thousandths percent shall be deposited in such mass transportation oper-
36 ating assistance fund as prescribed in the aforestated manner and (iv)
37 ten and five hundred sixty thousandths percent shall be deposited in the
38 revenue accumulation fund. Except as otherwise provided, of all taxes,
39 interest and penalties collected or received on or after April first,
40 nineteen hundred ninety-six, and before January first, nineteen hundred
41 ninety-seven from the taxes imposed by sections three hundred one-a and
42 three hundred one-e of this article, (i) initially sixty-three and
43 three-tenths percent shall be deposited, as prescribed by subdivision
44 (d) of section three hundred one-j of this article, (ii) seventeen and
45 four-tenths percent shall be deposited and disposed of pursuant to such
46 section one hundred seventy-one-a of this chapter in the general fund
47 and (iii) nineteen and three-tenths percent shall be deposited in such
48 mass transportation operating assistance fund as prescribed in the
49 aforestated manner. Except as otherwise provided, of all taxes, inter-
50 est and penalties collected or received on or after January first, nine-
51 teen hundred ninety-seven and before January first, nineteen hundred
52 ninety-eight from the taxes imposed by sections three hundred one-a and
53 three hundred one-e of this article, (i) initially sixty-six and two-
54 tenths percent shall be deposited, as prescribed by subdivision (d) of
55 section three hundred one-j of this article, (ii) fourteen and one-half
56 percent shall be deposited and disposed of pursuant to such section one
A. 3084 5
1 hundred seventy-one-a of this chapter in the general fund and (iii)
2 nineteen and three-tenths percent shall be deposited in such mass trans-
3 portation operating assistance fund as prescribed in the aforestated
4 manner. Except as otherwise provided, of all taxes, interest and penal-
5 ties collected or received on or after January first, nineteen hundred
6 ninety-eight and before April first, nineteen hundred ninety-nine from
7 the taxes imposed by sections three hundred one-a and three hundred
8 one-e of this article, (i) initially sixty-eight and one-tenth percent
9 shall be deposited, as prescribed by subdivision (d) of section three
10 hundred one-j of this article, (ii) twelve and four-tenths percent shall
11 be deposited and disposed of pursuant to such section one hundred seven-
12 ty-one-a of this chapter in the general fund and (iii) nineteen and
13 one-half percent shall be deposited in such mass transportation operat-
14 ing assistance fund as prescribed in the aforestated manner. Except as
15 otherwise provided, of all taxes, interest and penalties collected or
16 received on or after April first, nineteen hundred ninety-nine AND
17 BEFORE APRIL FIRST, TWO THOUSAND NINE, from the taxes imposed by
18 sections three hundred one-a and three hundred one-e of this article,
19 (i) initially sixty-nine and eight-tenths percent shall be deposited, as
20 prescribed by subdivision (d) of section three hundred one-j of this
21 article, (ii) ten and seven-tenths percent shall be deposited and
22 disposed of pursuant to such section one hundred seventy-one-a of this
23 chapter in the general fund and (iii) nineteen and one-half percent
24 shall be deposited in such mass transportation operating assistance fund
25 as prescribed in the aforestated manner. Except as otherwise provided,
26 of all taxes, interest and penalties collected or received on or after
27 April first, two thousand one, from the taxes imposed by [sections]
28 SECTION three hundred one-a [and three hundred one-e] of this article,
29 (i) initially eighty and three-tenths percent shall be deposited, as
30 prescribed by subdivision (d) of section three hundred one-j of this
31 article and (ii) nineteen and seven-tenths percent shall be deposited in
32 such mass transportation operating assistance fund as prescribed in the
33 aforestated manner.
34 Provided, further, that on or before the twenty-fifth day of each
35 month commencing with October, nineteen hundred ninety and terminating
36 with the month of March, two thousand one, the comptroller shall deduct
37 the amount of six hundred twenty-five thousand dollars prior to any
38 deposit or disposition of the taxes, interest and penalties collected or
39 received pursuant to such sections three hundred one-a and three hundred
40 one-e and shall pay such amount to the state treasury to the credit of
41 the general fund. Provided, further that on or before the twenty-fifth
42 day of each month commencing with April, two thousand one, the comp-
43 troller shall deduct the amount of six hundred twenty-five thousand
44 dollars prior to any deposit or disposition of the taxes, interest, and
45 penalties collected or received pursuant to such [sections] SECTION
46 three hundred one-a [and three hundred one-e] and shall deposit such
47 amount in the dedicated fund accounts pursuant to subdivision (d) of
48 section three hundred one-j of this article. Provided, further, that
49 commencing January fifteenth, nineteen hundred ninety-one, and on or
50 before the tenth day of March and the fifteenth day of June and Septem-
51 ber of such year, the commissioner shall, based on information supplied
52 by taxpayers and other appropriate sources, estimate the amount of the
53 utility credit authorized by section three hundred one-d of this article
54 which has been accrued to reduce tax liability under section one hundred
55 eighty-six-a of this chapter during the period covered by such estimate
56 and certify to the state comptroller such estimated amount. The comp-
A. 3084 6
1 troller shall forthwith, after receiving such certificate, deduct the
2 amount of such credit so certified by the commissioner prior to any
3 deposit or disposition of the taxes, interest and penalties collected or
4 received pursuant to such sections three hundred one-a and three hundred
5 one-e and shall pay such amount so certified and deducted into the state
6 treasury to the credit of the general fund. As soon as practicable after
7 April first, nineteen hundred ninety-one, nineteen hundred ninety-two
8 and nineteen hundred ninety-three, but before June fifteenth of each
9 such year, the commissioner shall determine the amount of the utility
10 tax credit which has been actually used to reduce tax liability under
11 such section one hundred eighty-six-a and shall certify the difference
12 between such actual amount and the earlier estimated amount. Also,
13 subsequently, during the fiscal year when the commissioner becomes aware
14 of changes or modifications with respect to actual credit usage, the
15 commissioner shall, as soon as practicable, issue a certification
16 setting forth the amount of any required adjustment to the amount of
17 actual credit usage previously certified. After receiving the certif-
18 icate of the commissioner with respect to actual credit usage or modifi-
19 cation of the same, the comptroller shall forthwith adjust general fund
20 receipts and the revenues to be deposited or disposed of under this
21 article to reflect the difference so certified by the commissioner. The
22 commissioner shall not be liable for any overestimate or underestimate
23 of the amount of the utility credit which has been accrued to reduce tax
24 liability under such section one hundred eighty-six-a. Nor shall the
25 commissioner be liable for any inaccuracy in any certificate with
26 respect to the amount of such credit actually used or any required
27 adjustment with respect to actual credit usage, but the commissioner
28 shall as soon as practicable after discovery of any error adjust the
29 next certification under this section to reflect any such error.
30 On or before July thirty-first, nineteen hundred ninety-two and on or
31 before July thirty-first, nineteen hundred ninety-three, the commission-
32 er shall conduct the following reconciliation with respect to the
33 preceding fiscal year: he shall multiply the total of all taxes, penal-
34 ties and interest, after refunds and reimbursements, which are derived
35 from the motor fuel component, the automotive-type diesel motor fuel
36 component and the aviation gasoline component by twenty fifty-fifths;
37 the total of all taxes, penalties and interest, after refunds and
38 reimbursements, which are derived from the nonautomotive-type diesel
39 motor fuel component (excluding taxes, penalties and interest which are
40 derived from product with respect to which the credit or reimbursement
41 provided by section three hundred one-d OF THIS ARTICLE is taken) by
42 twenty-fiftieths; and all taxes, penalties and interest, after refunds
43 and reimbursements, which are derived from the residual petroleum prod-
44 uct component (excluding taxes, penalties and interest which are derived
45 from product with respect to which the credit or reimbursement provided
46 by section three hundred one-d OF THIS ARTICLE is taken) by twenty-for-
47 tieths. The products of the foregoing multiplications shall be added
48 together and the resulting sum of such products shall be compared with
49 the total of the amounts initially distributed during such fiscal year
50 with respect to such components (excluding receipts derived from product
51 with respect to which the credit or reimbursement provided by section
52 three hundred one-d OF THIS ARTICLE is taken and excluding any amount
53 which represents a reconciliation adjustment pursuant to this paragraph)
54 pursuant to section one hundred seventy-one-a of this chapter which
55 represented thirty-five percent of the total, after refunds and
56 reimbursements, of all taxes, penalties and interest collected or
A. 3084 7
1 received during such fiscal year under sections three hundred one-a and
2 three hundred one-e OF THIS ARTICLE during the months of such fiscal
3 year with respect to such components. The commissioner shall then certi-
4 fy the amount of such difference to the comptroller. If the amounts
5 initially distributed in such fiscal year are greater than the sum of
6 such products, the comptroller shall withhold an amount equal to twen-
7 ty-seven and three-tenths percent of such difference from the first
8 moneys otherwise payable to the general fund pursuant to this subdivi-
9 sion and shall pay such amount to the mass transportation operating
10 assistance fund to the credit of the metropolitan mass transportation
11 operating assistance account and the public transportation systems oper-
12 ating assistance account thereof in the aforestated manner. If the
13 amounts initially distributed in such fiscal year are less than the sum
14 of such products, the comptroller shall withhold an amount equal to
15 twenty-seven and three-tenths percent of such difference from the first
16 moneys otherwise payable to the mass transportation operating assistance
17 fund pursuant to this subdivision and shall pay such amount to the
18 general fund.
19 When the commissioner becomes aware of changes or modifications with
20 respect to the distribution of revenue under this article, the commis-
21 sioner shall, as soon as practicable, issue a certification setting
22 forth the amount of any required adjustment. After receiving the certif-
23 icate of the commissioner with respect to any adjustments, the comp-
24 troller shall forthwith adjust general fund receipts and the revenues to
25 be deposited or disposed of under this article to reflect the difference
26 so certified by the commissioner. The commissioner shall not be liable
27 for any overestimate or underestimate of the amount of the distribution.
28 Nor shall the commissioner be liable for any inaccuracy in any certif-
29 icate with respect to the amount of the distribution or any required
30 adjustment with respect to the distribution, but the commissioner shall
31 as soon as practicable after discovery of any error adjust the next
32 certification under this section to reflect any such error.
33 Prior to making deposits as provided in this subdivision, the comp-
34 troller shall retain such amount as the commissioner may determine to be
35 necessary, subject to the approval of the director of the budget, for
36 reasonable costs of the department in administering and collecting the
37 taxes deposited pursuant to this subdivision and for refunds and
38 reimbursements with respect to such taxes, out of which the comptroller
39 shall pay any refunds or reimbursements of such taxes to which taxpayers
40 shall be entitled.
41 S 4. This act shall take effect immediately and shall apply to any
42 taxes imposed on or after April 1, 2009.
