Section 92-S. Environmental protection fund

1. There is hereby established
  in the joint custody of the comptroller and the commissioner of taxation
  and finance a special fund to be known as the "environmental  protection
  fund".
    2.  a.  The  comptroller  shall  establish  the following separate and
  distinct accounts within the environmental protection fund:
    (i) solid waste account;
    (ii) parks, recreation and historic preservation account;
    (iii) open space account; and
    (iv) environmental protection transfer account.
    b.  All  monies  received  by  the  comptroller  for  deposit  in  the
  environmental  protection fund shall be deposited first to the credit of
  the environmental  protection  transfer  account.  No  monies  shall  be
  expended  from  any  such  account  for  any  project except pursuant to
  appropriation by the legislature.
    3. Such fund shall consist of the amount of revenue  collected  within
  the  state  from the amount of revenue, interest and penalties deposited
  pursuant to section fourteen hundred twenty-one  of  the  tax  law,  the
  amount  of fees and penalties received from easements or leases pursuant
  to subdivision fourteen of section seventy-five of the public lands  law
  and  the  money  received  as annual service charges pursuant to section
  four hundred four-l of the vehicle and traffic law, all moneys  required
  to  be  deposited  therein from the contingency reserve fund pursuant to
  section two hundred ninety-four of chapter fifty-seven of  the  laws  of
  nineteen  hundred  ninety-three,  all  moneys  required  to be deposited
  pursuant to section thirteen of chapter six hundred ten of the  laws  of
  nineteen  hundred  ninety-three,  repayments  of  loans made pursuant to
  section 54-0511 of the environmental conservation law, all moneys to  be
  deposited from the Northville settlement pursuant to section one hundred
  twenty-four  of  chapter  three  hundred  nine  of  the laws of nineteen
  hundred ninety-six, provided however, that such  moneys  shall  only  be
  used  for  the cost of the purchase of private lands in the core area of
  the central Suffolk pine barrens pursuant to a consent  order  with  the
  Northville  industries  signed  on  October thirteenth, nineteen hundred
  ninety-four and the related resource restoration and  replacement  plan,
  the  amount  of  penalties  required  to be deposited therein by section
  71-2724 of the environmental conservation law, all moneys required to be
  deposited  pursuant  to  article  thirty-three  of   the   environmental
  conservation  law,  all  fees collected pursuant to subdivision eight of
  section 70-0117 of the environmental conservation law,  as  added  by  a
  chapter  of the laws of two thousand nine, all moneys collected pursuant
  to  title  thirty-three  of  article  fifteen   of   the   environmental
  conservation law, as added by a chapter of the laws of two thousand nine
  and all other moneys credited or transferred thereto from any other fund
  or source pursuant to law. All such revenue shall be initially deposited
  into  the  environmental protection fund, for application as provided in
  subdivision five of this section.
    5. Revenues  in  the  environmental  protection  fund  shall  be  kept
  separate  and  shall  not  be  commingled  with  any other moneys in the
  custody of the comptroller. All deposits  of  such  revenues  shall,  if
  required  by  the  comptroller,  be secured by obligations of the United
  States or of the state having a market value equal at all times  to  the
  amount of such deposits and all banks and trust companies are authorized
  to  give security for such deposits. Any such revenues in such fund may,
  upon the discretion of the comptroller, be invested  in  obligations  in
  which  the  comptroller  is  authorized  to  invest  pursuant to section
  ninety-eight-a of this article.

    6.  (a)  All  moneys  heretofore  and  hereafter  deposited   in   the
  environmental  protection  transfer  account shall be transferred by the
  comptroller to the  solid  waste  account,  the  parks,  recreation  and
  historic preservation account or the open space account upon the request
  of the director of the budget.
    (b)  Moneys  from the solid waste account shall be available, pursuant
  to appropriation and upon certificate of approval of availability by the
  director of the budget, for any non-hazardous municipal landfill closure
  project; municipal waste reduction or recycling project, as  defined  in
  article  fifty-four  of  the  environmental  conservation  law;  for the
  purposes of section  two  hundred  sixty-one  and  section  two  hundred
  sixty-four  of  the  economic  development  law;  any  project  for  the
  development, updating or revision of local solid waste management  plans
  pursuant   to   sections   27-0107  and  27-0109  of  the  environmental
  conservation law; and for the development of the pesticide sales and use
  data base in conjunction  with  Cornell  University  pursuant  to  title
  twelve of article thirty-three of the environmental conservation law.
    (c)  Moneys  from  the  parks,  recreation  and  historic preservation
  account shall be available, pursuant to appropriation, for any municipal
  park  project,  historic  preservation  project,  urban  cultural   park
  project,   waterfront  revitalization  program,  coastal  rehabilitation
  project.
    (d) Moneys from the open space account shall be available, pursuant to
  appropriation,  for  any   open   space   land   conservation   project,
  bio-diversity  stewardship and research pursuant to chapter five hundred
  fifty-four of  the  laws  of  nineteen  hundred  ninety-three,  for  the
  purposes   of   agricultural   and  farmland  protection  activities  as
  authorized by article twenty-five-AAA of  the  agriculture  and  markets
  law, non-point source abatement and control projects pursuant to section
  17-1409  of  the  environmental conservation law and section eleven-b of
  the soil and water conservation districts law, for Long  Island  Central
  Pine  Barrens  area  planning or Long Island south shore estuary reserve
  planning pursuant  to  title  thirteen  of  article  fifty-four  of  the
  environmental  conservation law, and for operation and management of the
  Albany Pine Bush preserve commission  pursuant  to  subdivision  two  of
  section 54-0303 of the environmental conservation law.
    (e)  The  governor  shall include a specific line appropriation in the
  capital  projects  budget  describing   individual   open   space   land
  conservation  projects  proposed  to  be undertaken by the department of
  environmental conservation and/or the office of  parks,  recreation  and
  historic  preservation  pursuant to title three of article fifty-four of
  the environmental conservation law and listed in the  state  open  space
  land  acquisition  plan  prepared  pursuant  to  title  two  of  article
  forty-nine of the environmental conservation law.
    7. Notwithstanding any other provision of  law,  no  state  assistance
  payment  authorized  under  this  section  or  article fifty-four of the
  environmental conservation law may  be  applied,  with  respect  to  any
  project  located  within  the area of New York county bounded by (a) the
  northern boundary of Fifty-ninth street and Fifty-ninth street extended;
  (b) the United States pierhead line; (c) the northern  boundary  of  the
  area  known  as  Battery  Park  City;  and (d) eight hundred feet inland
  easterly from the United States bulkhead line:
    (i) for, other than for recreational  use  or  access  inland  of  the
  existing  bulkhead line, any roads, bridges, ramps or parking facilities
  or sewers or water mains;
    (ii) for any site improvement, including sewers  or  water  mains,  to
  support residential, industrial or commercial development;

    (iii)  to  excavate,  place fill or plantings in, or place any piling,
  platform or structure, including a floating  structure,  in  the  Hudson
  river;
    (iv)  to plan, evaluate or study any project involving such excavation
  or placement as described in subparagraph (iii) of this paragraph; or
    (v) for any purpose  or  project  except  where  the  commissioner  of
  environmental  conservation,  with  the  approval of the director of the
  budget, enters into a contract with the city of  New  York  or  a  state
  agency,  but not with any public benefit corporation or public authority
  or any other person or entity, for the undertaking  of  the  purpose  or
  project.  No  part of the purpose or project may be subcontracted to any
  public   benefit   corporation,   public    authority,    not-for-profit
  corporation,  or municipality other than the city of New York, nor shall
  any such state assistance payment be paid to, on behalf of, or  pursuant
  to any agreement with any such entity.
    8. All payments of moneys from the fund shall be made on the audit and
  warrant of the comptroller.
    9.  Notwithstanding  any  other  law to the contrary and in accordance
  with section four of this chapter, the comptroller is hereby  authorized
  at  the  direction  of  the  director  of  the division of the budget to
  transfer moneys from the general fund to  the  environmental  protection
  fund  for  the  purpose of maintaining the solvency of the environmental
  protection fund. If, in any fiscal year,  moneys  in  the  environmental
  protection  fund are deemed insufficient by the director of the division
  of the budget to meet actual and anticipated disbursements from  enacted
  appropriations  or  reappropriations  made pursuant to this section, the
  comptroller shall at the direction of the director of  the  division  of
  the  budget,  transfer  from  the  general  fund  to  the  environmental
  protection fund moneys  sufficient  to  meet  such  disbursements.  Such
  transfers  shall be made only upon certification of need by the director
  of the division of the budget, with copies of such  certification  filed
  with the chairperson of the senate finance committee, the chairperson of
  the  assembly  ways  and  means committee and the state comptroller. The
  aggregate  amount  of  all  transfers  shall  not  exceed  four  hundred
  forty-seven million one hundred seventy-one thousand dollars.