Section 186. Disbursement of moneys from the fund  


Latest version.
  • 1. (a) Moneys in the
      account established by paragraph (a) of subdivision two of  section  one
      hundred   seventy-nine   of   this   part  shall  be  disbursed  by  the
      administrator, upon certification by the commissioner, for  the  purpose
      of costs incurred under section one hundred seventy-six of this article.
        (b)  Moneys in the account established by paragraph (b) of subdivision
      two of section one hundred  seventy-nine  of  this  part  shall,  within
      forty-five days of the close of each license fee period, be deposited by
      the administrator, in the hazardous waste remedial fund created pursuant
      to  section  ninety-seven-b  of  the  state  finance law for expenditure
      pursuant to such section; provided, however, that the state  comptroller
      shall  cause  the  administrator  to  reimburse the commissioner for the
      reasonable costs of collecting the surcharge during those times when the
      license fee is not imposed.
        2. Moneys in the account established by paragraph (a)  of  subdivision
      two  of section one hundred seventy-nine of this part shall be disbursed
      by the administrator, upon  certification  by  him,  for  the  following
      purposes:
        (a)  Damages  as  defined  in  section  one hundred eighty-one of this
      article;
        (b) Such sums as may be necessary for research on the  prevention  and
      the  effects  of  spills  of  petroleum  on  the  environment and on the
      development of  improved  cleanup  and  removal  operations  as  may  be
      appropriated by the legislature; provided, however, that such sums shall
      not  exceed  the  amount  of  interest  which is credited to the account
      established by paragraph (a) of subdivision two of section  one  hundred
      seventy-nine of this part;
        (c)  Such  sums  as may be necessary for the general administration of
      the  fund,  equipment  and  personnel  costs  of   the   department   of
      environmental  conservation  and  any  other state agency related to the
      enforcement of this article as may be appropriated by the legislature;
        (d) Such sums as may be appropriated by the legislature  for  research
      and  demonstration programs concerning the causes and abatement of ocean
      pollution; provided, however, that such sums shall not exceed the amount
      of interest which is credited to the account  established  by  paragraph
      (a) of subdivision two of section one hundred seventy-nine of this part.
        (e)  Such  sums  as  may  be necessary for the general administration,
      equipment  and  personnel  costs  of  the  department  of  environmental
      conservation  related  to  the  administration  and  enforcement  of the
      petroleum bulk storage program established  pursuant  to  title  ten  of
      article seventeen of the environmental conservation law.
        3.  Moneys  shall be disbursed from the fund only for the purposes set
      forth in subdivisions one and two of this section.
        4. The state comptroller may invest and reinvest any  moneys  in  said
      fund  in  obligations  in  which the comptroller is authorized to invest
      pursuant to the  provisions  of  section  ninety-eight-a  of  the  state
      finance  law.  Any income or interest derived from such investment shall
      be included in the fund.