Bill Text: NY A05180 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to transfers from the environmental protection fund to the general fund.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2018-01-03 - referred to environmental conservation [A05180 Detail]

Download: New_York-2017-A05180-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5180
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 6, 2017
                                       ___________
        Introduced  by  M. of A. FAHY -- 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 transfers from the environmental
          protection fund to the general fund
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  54-0109 of the environmental conservation law is
     2  amended by adding a new closing paragraph to read as follows:
     3    In addition, the division of the  budget,  in  consultation  with  the
     4  state  comptroller,  shall  develop a course of action for the repayment
     5  over the next five years of monies transferred  from  the  environmental
     6  protection  fund  to  the  general  fund. Such course of action shall be
     7  included in the report.
     8    § 2. Section 92-s of the state finance law is amended by adding a  new
     9  subdivision 10 to read as follows:
    10    10.  No  later than April first, two thousand nineteen, deposits shall
    11  be commenced in accordance with  the  course  of  action  set  forth  in
    12  section  54-0109  of  the environmental conservation law and conclude by
    13  April first, two thousand twenty-four, for past transfers made from  the
    14  environmental protection fund into the general fund.
    15    §  3.  Subdivision  9  of  section  92-s  of the state finance law, as
    16  amended by section 1 of part B of chapter 59 of the  laws  of  2008,  is
    17  amended to read as follows:
    18    9.  Notwithstanding  any  other  law to the contrary and in accordance
    19  with section four of this chapter, the comptroller is hereby  authorized
    20  at the direction of the director of the division of the budget to trans-
    21  fer  moneys  from  the general fund to the environmental protection fund
    22  for the  purpose  of  maintaining  the  solvency  of  the  environmental
    23  protection  fund.  If,  in  any fiscal year, moneys in the environmental
    24  protection fund are deemed insufficient by the director of the  division
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02662-01-7
        A. 5180                             2
     1  of  the budget to meet actual and anticipated disbursements from enacted
     2  appropriations or reappropriations made pursuant to  this  section,  the
     3  comptroller  shall  at  the direction of the director of the division of
     4  the  budget,  transfer  from  the  general  fund  to  the  environmental
     5  protection fund moneys  sufficient  to  meet  such  disbursements.  Such
     6  transfers  shall be made only upon certification of need by the director
     7  of the division of the budget, with copies of such  certification  filed
     8  with the chairperson of the senate finance committee, the chairperson of
     9  the  assembly  ways  and  means committee and the state comptroller. The
    10  aggregate amount of all transfers shall not exceed [four hundred  forty-
    11  seven]  five  hundred  seven  million  one  hundred seventy-one thousand
    12  dollars.  For the purposes of this subdivision,  the  term  insufficient
    13  shall  mean  that  there  is not an adequate cash balance to finance all
    14  current fiscal year appropriations and any outstanding prior year  obli-
    15  gations.
    16    § 4. Section 1421 of the tax law, as amended by chapter 99 of the laws
    17  of 2010, is amended to read as follows:
    18    § 1421. Deposit and dispositions of revenues. From the taxes, interest
    19  and  penalties attributable to the tax imposed pursuant to section four-
    20  teen hundred two of this article, the amount of one hundred  ninety-nine
    21  million  three  hundred thousand dollars shall be deposited by the comp-
    22  troller in the environmental protection  fund  established  pursuant  to
    23  section ninety-two-s of the state finance law for the fiscal year begin-
    24  ning  April first, two thousand nine; the amount of one hundred nineteen
    25  million one hundred thousand dollars shall be deposited in such fund for
    26  the fiscal year beginning April first, two thousand ten; the  amount  of
    27  one  hundred  seventy-seven  million  dollars shall be deposited in such
    28  fund for the fiscal year beginning April first, two  thousand  eighteen;
    29  the amount of two hundred two million dollars shall be deposited in such
    30  fund  for  the fiscal year beginning April first, two thousand nineteen;
    31  the amount of two hundred thirty-two million dollars shall be  deposited
    32  in  such  fund  for  the fiscal year beginning April first, two thousand
    33  twenty; the amount of two hundred sixty-two  million  dollars  shall  be
    34  deposited  in  such  fund for the fiscal year beginning April first, two
    35  thousand twenty-one; and the amount of two  hundred  ninety-two  million
    36  dollars  shall  be  deposited in such fund for the fiscal year beginning
    37  April first, two thousand twenty-two; and for each fiscal year thereaft-
    38  er. On or before June twelfth, nineteen hundred ninety-five  and  on  or
    39  before the twelfth day of each month thereafter (excepting the first and
    40  second  months  of each fiscal year), the comptroller shall deposit into
    41  such fund from the taxes, interest and penalties collected  pursuant  to
    42  such section fourteen hundred two of this article which have been depos-
    43  ited and remain to the comptroller's credit in the banks, banking houses
    44  or  trust  companies referred to in section one hundred seventy-one-a of
    45  this chapter at the close of business on the last day of  the  preceding
    46  month,  an amount equal to one-tenth of the annual amount required to be
    47  deposited in such fund pursuant to this section for the fiscal  year  in
    48  which  such  deposit is required to be made. In the event such amount of
    49  taxes, interest and penalties so remaining to the  comptroller's  credit
    50  is  less  than  the  amount required to be deposited in such fund by the
    51  comptroller, an amount equal to the shortfall shall be deposited in such
    52  fund by the comptroller with subsequent deposits, as soon as the revenue
    53  is available. Beginning April first, nineteen hundred ninety-seven,  the
    54  comptroller  shall  transfer  monthly  to the clean water/clean air fund
    55  established pursuant to section ninety-seven-bbb of  the  state  finance
    56  law,  all  moneys  remaining  from  such  taxes,  interest and penalties
        A. 5180                             3
     1  collected that  are  not  required  for  deposit  in  the  environmental
     2  protection fund.
     3    §  5.  This act shall take effect April 1, 2018; provided, however, if
     4  this act shall become a law after such date it shall take  effect  imme-
     5  diately and shall be deemed to have been in full force and effect on and
     6  after April 1, 2018.