Section 301-F. Tax surcharge

(a) Imposition of tax surcharge. In addition
  to the tax imposed by section three hundred one  of  this  article,  for
  taxable  years  commencing  on  or  after  June  first, nineteen hundred
  ninety, but including that portion of any taxable year commencing  prior
  thereto  to  the  extent of that portion of such year which includes the
  period which commences with June first,  nineteen  hundred  ninety,  and
  ending  with  (but  not including) taxable years commencing on and after
  September first, nineteen hundred ninety, but including that portion  of
  any  taxable year commencing prior thereto to the extent of that portion
  of such year which included the  period  which  terminates  with  August
  thirty-first,  nineteen  hundred  ninety,  there  is hereby imposed upon
  every petroleum business, for all or any part of  each  of  its  taxable
  years,  a  tax  surcharge  equal  to  fifteen percent of the rate of tax
  imposed by section three hundred one of this article on  (i)  its  gross
  receipts  from  sales  of  petroleum  where shipments are made to points
  within the state, (ii) the consideration given or contracted to be given
  by it for petroleum (other than aviation  fuel)  which  it  imported  or
  caused  to  be  imported (by a person other than one which is subject to
  tax under this article) into this state for consumption by  it  in  this
  state, and (iii) the consideration given or contracted to be given by it
  for  aviation fuel consumed by it in this state. The tax surcharge shall
  be applicable to receipts from or consideration given  with  respect  to
  all  deliveries  on  and  after June first, nineteen hundred ninety. For
  purposes of the tax surcharge imposed by this section, any taxable  year
  commencing  prior to September first, nineteen hundred ninety but ending
  after August thirty-first,  nineteen  hundred  ninety  shall  be  deemed
  terminated as of such August thirty-first and such year shall be brought
  to  a  close  as  of  such  August thirty-first.   Except as provided in
  subdivision (c) of this section, all of the provisions of  this  article
  applicable  to  the  tax  imposed  by  section three hundred one of this
  article shall apply with respect to the tax surcharge  imposed  by  this
  section  to  the same extent as if it were imposed by such section three
  hundred one, insofar as such provisions can be made  applicable  to  the
  tax  surcharge imposed by this section, with such modification as may be
  necessary to adapt such provisions to the tax surcharge imposed by  this
  section.
    (b)  Credit,  refund  or  reimbursement.  An  electric corporation, as
  defined in subdivision thirteen of section two  of  the  public  service
  law,  subject  to  the  supervision  of the department of public service
  shall be allowed a credit against the  tax  surcharge  imposed  by  this
  section  or a refund or reimbursement in the amount of the tax surcharge
  under this section  imposed  on  or  passed  through  to  such  electric
  corporation  with  respect to residual petroleum product or diesel motor
  fuel (which is not enhanced diesel motor fuel)  used  by  such  electric
  corporation  to  fuel  generators  for  the  purpose of manufacturing or
  producing electricity. An aviation fuel business shall be allowed a  tax
  credit  against the tax surcharge imposed by this section or a refund or
  reimbursement in the amount of the  tax  surcharge  under  this  section
  imposed  on such business with respect to kero-jet fuel consumed by such
  business in the operation of its aircraft.
    (c) Deposit and disposition of revenue. Any provisions of this article
  to the contrary notwithstanding, the full amount of any  tax  surcharge,
  as  well  as  interest  and  penalties  relating  thereto,  collected or
  received by the commissioner of taxation and finance under this  section
  shall  be deposited and disposed of solely pursuant to the provisions of
  section one hundred seventy-one-a of this chapter.