Section 1210-A. Sales and compensating use tax for purposes of the Suffolk county drinking water protection program  


Latest version.
  • (a) In addition to  the  taxes  imposed  by  section  twelve  hundred ten or any other provision of this
      article, the county of Suffolk is hereby  authorized  and  empowered  to
      adopt and amend a local law, ordinance or resolution imposing within the
      territorial  limits  of said county an additional sales and compensating
      use tax at the rate  of  one-quarter  of  one  percent  for  the  period
      beginning  December  first,  nineteen  hundred  eighty-four  and  ending
      November thirtieth, two thousand thirty, which tax shall be identical to
      the tax imposed by said county pursuant to section twelve hundred ten of
      this article. Except as hereinafter provided,  all  provisions  of  this
      article,  including  the  definition  and  exemption  provisions and the
      provisions relating to the administration, collection  and  distribution
      by the commissioner, shall apply for purposes of the tax imposed by this
      section  in the same manner and with the same force and effect as if the
      language of this article had been incorporated in full in  this  section
      and had expressly referred to the tax imposed by this section; provided,
      however,  that  any  provision  relating  to  a  maximum  rate  shall be
      calculated without reference to the additional  sales  and  compensating
      use  tax  herein  authorized.  For  purposes of part IV of this article,
      relating to the disposition of revenues resulting from  taxes  collected
      and   administered   by  the  commissioner,  the  additional  sales  and
      compensating use tax herein provided shall be deemed to be imposed under
      the authority of section twelve hundred ten  of  this  article  and  all
      provisions  relating  to  the deposit, administration and disposition of
      taxes, penalties and interest relating to a  tax  imposed  by  a  county
      under the authority of section twelve hundred ten of this article shall,
      except  as otherwise specifically provided in this section, apply to the
      additional sales and compensating  use  tax  imposed  pursuant  to  this
      section.
        (b)  Notwithstanding  any  other  provision  of  this  article  to the
      contrary,  the  net  collections  from  the  tax  imposed  pursuant   to
      subdivision (a) of this section for the period beginning December first,
      nineteen  hundred  eighty-four  and  ending November thirtieth, nineteen
      hundred eighty-eight shall, upon payment to the county of  Suffolk,  and
      moneys  due  said  fund  pursuant  to  subdivisions  (c) and (d) of this
      section, be deposited  in  a  special  fund,  to  be  designated  as  an
      assessment  stabilization  reserve  fund,  to  be created by said county
      therefor separate and apart from any other funds  and  accounts  of  the
      county. Moneys in such fund shall be deposited and secured in the manner
      provided   by   section  ten  of  the  general  municipal  law.  Pending
      expenditure from such fund, moneys therein may be invested in the manner
      provided in section eleven of the general municipal  law.  Any  interest
      earned  or  capital gain realized on the moneys so deposited or invested
      shall accrue to and become part of such fund. Moneys in said fund may be
      appropriated from and transferred to or expended in any fiscal year only
      for the purposes and in the order as follows:
        (i) to an account or accounts for the Southwest Sewer District of said
      county in such amount or amounts as shall be determined  by  the  county
      executive  of said county and approved by the county legislature of said
      county as necessary to stabilize assessments in such sewer  district  in
      any given year;
        (ii)   to  an  account  or  accounts  for  any  other  sewer  district
      established by the county of Suffolk in such amount or amounts as  shall
      be determined by the county executive of said county and approved by the
      county  legislature of said county as necessary to stabilize assessments
      in any such sewer district in any given year; and
    
        (iii) for distribution to the towns and villages  within  said  county
      which have established or created a sewer district or benefitted area to
      provide sewer improvements or constructed or are constructing a sewer or
      sewerage  system in such amount or amounts as shall be determined by the
      county  executive  of said county and approved by the county legislature
      of said county as necessary to stabilize assessments or  taxes,  as  the
      case  may  be,  in any such sewer district or benefitted area or for any
      such sewer system in any given year.
        (c) To the extent necessary to continue the tax stabilization of those
      sewer districts receiving appropriations pursuant to subdivision (b)  of
      this  section,  the  net  collections  from  the tax imposed pursuant to
      subdivision (a) of this section for the period beginning December first,
      nineteen hundred eighty-eight and ending  November  thirtieth,  nineteen
      hundred  eighty-nine,  together with interest thereon at a rate equal to
      the interest rate for one year United States Treasury bills  as  of  the
      date such funds were invested, shall constitute a guarantee and shall be
      made available and paid to the assessment stabilization reserve fund set
      forth  in subdivision (b) of this section on a first priority basis from
      all of the net collections of the tax imposed pursuant to this section.
        (d) Notwithstanding  any  other  provision  of  this  article  to  the
      contrary,   the  net  collections  from  the  tax  imposed  pursuant  to
      subdivision (a) of this section for the period beginning December first,
      nineteen  hundred  eighty-eight  and  ending  November  thirtieth,   two
      thousand  thirty  shall,  upon  payment  to  the  county  of Suffolk, be
      deposited in a special fund,  to  be  designated  as  a  drinking  water
      protection  reserve fund, to be created by said county therefor separate
      and apart from any other funds and accounts of  the  county.  Moneys  in
      such  fund  shall  be  deposited  in  one  or more of the banks or trust
      companies designated, in the manner provided by law, as a depository  of
      the  funds  of  such  county. Pending expenditure from such fund, moneys
      therein may be invested in the manner provided in section eleven of  the
      general  municipal  law. Any interest earned or capital gain realized on
      the moneys so deposited or invested shall accrue to and become  part  of
      such  fund. Moneys in said fund may be appropriated from and transferred
      to or expended in any fiscal  year  only  for  the  purposes  of  making
      payments  pursuant  to  subdivisions (b) and (c) of this section for the
      period beginning December first, nineteen hundred eighty-eight,  to  the
      extent  that  moneys  in  said  fund are remaining, and if authorized by
      local law, for the following purposes:
        (i) for the purposes of specific environmental protection (acquisition
      of: farmland development rights; open space, wetlands,  woodlands,  pine
      barrens  and other lands for passive recreational uses; lands for hamlet
      greens, hamlet parks, pocket parks, historic parks, cultural  parks  and
      other  lands  for active/parkland recreational uses; lands necessary for
      maintaining and protecting the quality of surface water, groundwater and
      coastal resources);
        (ii) for  a  water  quality  protection  and  restoration  program  or
      programs and land stewardship initiatives;
        (iii) for the purposes of county-wide property tax protection; and
        (iv) for the purpose of sewer taxpayer protection.
        Notwithstanding  any  special  or  local  law,  resolution  or charter
      provision to the contrary, moneys in  said  fund  which  have  not  been
      appropriated  from and transferred to or expended in any fiscal year for
      the purposes of making payments pursuant to subdivisions (b) and (c)  of
      this  section,  may  alternatively  be  appropriated for the purposes of
      paying debt service on any new indebtedness incurred after the effective
      date of the chapter of the laws of two thousand one  that  enacted  this
      paragraph  pursuant  to the local finance law in order to effectuate the
    
      purposes described in paragraph (i) or (ii) of this subdivision. For the
      purpose of allocating moneys in said fund pursuant to  local  law  among
      the  purposes  described in paragraphs (i), (ii), (iii) and (iv) of this
      subdivision,  moneys  applied  to  the payment of debt service under the
      authority of the previous sentence shall be considered by said county to
      have been expended for the purposes  for  which  such  indebtedness  was
      incurred.