Legislative Bill Drafting Commission 112248-02-0 __ PROGRAM BILL #2 6 3 Senate IN SENATE--Introduced by Sen —read twice and ordered printed, and hen printed to be committed to the Committee on Assembly IN ASSEMBLY-~Introduced by M. of A. with M. of A, as co-sponsors --read once and referred to the Committee on *TAXTA* (Relates to real estate transfer tax deposits into the environmental protection fund and to make appro- priations for the support of govern~ ment) Tax. EPF rl es trnsf tx depos AN ACT to amend the tax law, in relation to real estate transfer tax deposits into the environmental protection fund and to make appropriations for the support of government ‘The People of the State of New York, represented in Senate and Assembly, do enact as follows: IN SENATE, IN ASSEMBLY, an mae of the ney sete sanee ate creed blow wah te joe ae In te wsaeh 7 carn ats ope oer meee 00 oateynee a5 Lian oes 086 Some fon comare 77 hte sth gee tt 3 2 mapa, 2 7 wit 208 coon SSB aetay10 a 12 13 14 15 1s 7 1s a9 20 aL 22 23 24 25 26 27 28 05/24/10 2 12245-02-0 Section 1, Section 1421 of the tax law, as anended by section 1 of part T of chapter 59 of the laws of 2009, is amended to read as follows: § 1421. Deposit and dispositions of revenues. Prom the taxes, interest and penalties attributable to the tax imposed pursuant to section four- teen hundred two of this article, the amount of [thirty-three and one~ half million] one hundred ninety-nine million three hundred thousand dollars shall be deposited by the comptroller in the environmental protection fund established pursuant to section ninety-two-s of the state finance law for the fiscal year beginning April first, [nineteen hundred ninety-five] tvo thousand nine; the amount of [eighty-seven million dollars shall be deposited in such fund for the £iscal yeare beginning ‘April first, nineteen hundred ninety-six and nineteen hundred ninety-seven; the amount of one hundred twelve million dollars shall be deposited in such fund for the fiscal years beginning April first, nine~ teen hundred ninety-eight, nineteen hundred ninety-nine, two thousand, two thousand one, two thousand two, two thousand three, two thousand four and two thousand five; the amount of one hundred thirty-seven million dollars shall be deposited in such fund for the fiscal year beginning April first, two thousand six; the amount of two hundred twelve million dollars shall be deposited in such fund for the fiscal year beginning April first, two thousand seven; the anount of two hundred thirty-seven million dollars shall be deposited in such fund for the fiscal year beginning April first, two thousand eight; the anount of one hundred ninety-nine million three hundred thousand dollars shall be deposited in such fund for four fiscal years beginning April first, two thousand nines} one hundred thirty-two million three hundred thousand dollars shall be deposited in such fund for the fiscal year beginning April first, two thousana ten? and for each fiscal year thereafterl;10 FER 12 13 14 1s 16 17 18 1s 20 21 2 23 24 25 26 27 28 05/24/10 3 12245-02-0 provided however that at the direction of the director of the budget, an additional amount of up to twenty-five million dollars may be deposited in such fund for the fiscal year beginning April first, two thousand seven and ending March thirty-first, two thousand eight, for disposition as provided under such section]. On or before June twelfth, nineteen hundred ninety-five and on or before the twelfth day of each month ther eafter (excepting the first and second months of each fiscal year), the comptroller shall deposit into such fund from the taxes, interest and penalties collected pursuant to such section fourteen hundred two of this article which have been deposited and remain to the comptroller's credit in the banks, banking houses or trust companies referred to in section one hundred seventy-one-a of this chapter at the close of busi- ness on the last day of the preceding month, an amount equal to one tenth of the annual amount required to be deposited in such fund pursu~ ant to this section for the fiscal year in which such deposit is required to be made. In the event such amount of taxes, interest and penalties so remaining to the comptroller's credit is less than the amount required to be deposited in such fund by the comptroller, an amount equal to the shortfall shall be deposited in such fund by the comptroller with subsequent deposits, as soon as the revenue is avail- able. Beginning April first, nineteen hundred ninety-seven, the comp- troller shall transfer monthly to the clean water/clean air fund estab- lished pursuant to section ninety-seven-bbb of the state finance law, all moneys remaining from such taxes, interest and penalties collected that are not required for deposit in the environmental protection fund. § 2. (a) The several amounts specified in this act for capital projects, or so much thereof as shall be necessary to accomplish the purpose of the appropriations, are appropriated by comprehensive10 an 12 13 ua 1s 16 uw 18 1 20 a1 22 05/24/10 4 12245-02-0 construction programs (hereinafter referred to by the abbreviation ccP), purposes, and projects designated by the appropriations, and authorized to be nade available as hereinafter provided to the respective public officers; such appropriations shall be deemed to provide all costs necessary and pertinent to accomplish the intent of the appropriations and are appropriated in accordance with the provisions of section 93 of the state finance law. (») No moneys appropriated by this act shall be available for payment until a certificate of approval has been issued by the director of the budget, who shall file such certificate with the department of audit and control, the chairperson of the senate finance committee and the chair- person of the assenbly ways and means conmittee. {c) The appropriations contained in this act shall be available for the fiscal year beginning on April 1, 2010. DEPARTMENT OF ENVIRONMENTAL CONSERVATION CAPITAL PROJECTS ENVIRONMENT AND RECREATION (CCP) .. seteeseeeseee 143,000,000 Environmental Protection Fund Environment and Recreation Purpose For services and expenses of projects and purposes authorized by section 92-s of10 an 12 13 a 1s 16 uw 18 1 20 an 22 05/24/10 5 the state finance law to receive funding from the solid waste account in accord- ance with a programmatic and financial plan to be approved by the director of the budget, including suballocation to other state departments and agencies, according to the following: Non-hazardous landfill closure projects (O9LCLOHR) cesses 668,000 Municipal waste reduction or recycling projects (09MRIOER) ......e++- c++ 7/639,000 Secondary materials regional marketing assistance and energy conservation services projects (O9SMLOER) seers 1,050,000 Pesticides program (09PDLOER) seeee 575,000 Notwithstanding any lav to the contrary, for assessment and recovery of any natural resource damages (09RDIOBR) ...--+.+++ 430/000 Notwithstanding any law to the contrary, for the pollution prevention institute; including $573,000 for the Green Initi- ative Institute and $24,000 for the 12245-02-010 a 12 a3 cry as as 7 18 19 20 aL 22 23 2a 25 26 05/24/10 6 Interstate Chemicals Clearinghouse (09PP10ER) . For services and expenses of projects and Purposes authorized by section 92-s of the state finance law to receive funding from the parks, recreation and historic preservation account in accordance with a programmatic and financial plan to be approved by the director of the budget, including suballocation to other state departments and agencies, according to the followin: tocal waterfront revitalization programs, notwithstanding any law to the contrary, not less than, $5,730,000 for waterfront revitalization projects which are in or primarily serve areas where demographic and other relevant data for such areas demonstrate that the areas are densely populated and have sustained physical deterioration, decay, neglect, or disin~ vestment, or where a substantial propor tion of the residential population is of low income or is otherwise disadvantaged and is underserved with respect to the existing recreational opportunities in + 2,249,000 12245-02-010 an 12 13 ua as 16 17 1a 19 20 au 22 23 24 25 05/24/10 7 the area; and provided further this appropriation shall not be construed to zestrict the use of any additional monies for such projects; $477,000 for Buffalo Waterfront; $286,000 for Niagara River Greenway; and $668,000 for #udson and Champlain Docks (O9WRIOER) ... Parks, recreation and historic preserva~ tion projects, notwithstanding any law to the contrary, not less than, $5,730,000 for municipal parks projects which aze in or primarily serve areas where demographic and other relevant data for such areas demonstrate that the areas are densely populated and have sustained physical deterioration, decay, neglect or disinvestment or where a substantial proportion of the residen- tial population is of low income or is otherwise disadvantaged and is under~ served with respect to the existing recreational opportunities in the area, and notwithstanding any law to the contrary, $239,000 for Olmstead Park (OOMPLOHR) oes eeeeeeeeeeeeee ees s+ 11,459,000 12245-02-010 a 12 13 4 15 16 7 18 19 20 au 2 23 24 25, 26 27 28 05/24/10 a Notwithstanding any law to the contrary, for state parks and land and easement infrastructure, access and stewardship projects which shall include capital projects: (i) on state parks and state owned lands acquired pursuant to sections 54-0303 and 56-0307 of the environmental conservation law and (11) on state parks or state owned lands and easenents under the jurisdiction of the department of environmental conservation or the office of parks, recreation and historic preservation for access oppor- tunities for people with disabilities; access to the State Forest Preserves State reforestation, Wildlife Nanagenent areas and conservation easement lands; recreational trail construction and maintenance; Catskill and Adirondack campground improvements to public access and sanitation facilities; environmental education; conservation education facil~ ity improvements; archeological, histor~ ic, cultural and natural resource surveys, forest health surveys, inter pretation, and inventories; Forest Preserve ané state forest unit manage~ ment planning; conservation easement 12245-02-010 an 12 13 aa 15 1s uw 18 19 20 2. 22 23 24 25 26 27 05/24/10 public recreation plannings restoration and enhancement; st: hatchery improvements; wate: facilities and safety impr improvement; public access imp: at day use areas; state histo! exterior restoration; and cabin camping facility development, tion and reconstruction (098710 Notwithstanding subdivision 7 of 92-s of the state finance 1 other law to the contrary, for and expenses of the Hudson R Trust for projects related to # opment of the Hudson River Park ent with provisions of chapter the laws of 1998) provided, such funds shall not be avail suballocation to any public corporation or public authority exception of the Hudson River P: and shall be available solely Liabilities incurred by the Hud Park Trust or by other state dey or agencies on behalf of t! River Park Trust and shall be habitat ate fish x access ovement s; public beach facility development and rovements ric site area and restora~ ER) section aw or any services iver Park he dovel- consist- 592 of however, able for benefit with the fark Trust for the gon River partments he Hudson available se 28,486,000 12245-02-0io a 12 13 1a 1s 1s a 1a ag 20 a. 22 23 24 25 05/24/10 10 solely for the liabilities incurred by the Hudson River Park Trust or by other state departments or agencies on behalf of the Wudson River Park Trust on or after April 1, 1999. Provided further that, the comptroller is hereby author- ized and directed to release monies to the Hudson River Park Trust in anounts set forth in a schedule approved by. the Gixector of the budget (O9HRIOER) .....-.... 2,865,000 Notwithétanding any law to the contrary, for zoos, botanical gardens and aquaria program (O9ZBLOBR) ...... seeee 4,774,000 Notwithstanding any law to the contrary, for alterations, rehabilitation and improvements of various park facilities and historic sites, including personal service, nonpersonal service and fringe benefits (O9PKLOER) .. cesses 5,000,000 Notwithstanding any law to the contrary, for services and expenses of park oper~ ations of various park facilities and historic sites, including personal, service, non-personal service and fringe benefits (09P010ER) .. +++ 6,000,000 12245-02-010 cr 12 13 4 as 1s uy 18 1s 20 21 05/24/10 a For services and expenses of projects and purposes authorized by section 92-s of the state finance law to receive funding fron the open space account in accord- ance with a programmatic and financial plan to be approved by the director of the budget, including suballocation to other state departments and agencies, according to the followin: Albany Pine Bush Preserve Comission (O9APLOER) 22s seeeeeeeeee ee 1,910,000 Long Island Central Pine Barrens Planning (OSEPLOER) .eeeeeeeeeeeee +++ 1,050,000 Long Island South Shore Estuary Reserve (O9SBLOER) .. s+ 859,000 Agricultural non-point source abatement and control projects (O9ANLOBR) ... 13,368,000 Won-agricultural non-point source abate~ ment and control projects (O9NPLOER) ... 4,775,000 Agriculture and farmland protection activ- ities (O9FPLOER) . 10,026,000 12245-02-010 an 12 13 14 as 16 7 1s 1s 20 a1 22 23 24 05/24/10 12 Biodiversity stewardship and research, and notwithstanding any law to the contrary, $72,000 for Cayuga Island (09BD1OER) Notwithstanding any law to the contrary, for the lané trust alliance for the purpose of awarding grants on a compet~ itive basis to local land trusts, provided that up to 10 percent of such amount may be made available for admin- istrative costs and/or technical assist- ance (09uP10BR) Notwithstanding any law to the contrary, for urban forestry projects, provided that no less than $250,000 shall be made available for such programs in cities with populations of 65,000 or more (O9UFLOBR) ...-...+ Notwithstanding any law to the contrary, for the Hudson River Estuary Management Plan prepared pursuant to section 11-0306 of the environmental conserva~ tion law (O9HELOER) -...eeseeeee Notwithstanding any law to the contrary, for state assistance payments, pursuant ++ 477,000 1,504,000 477,000 3,820,000 12245-02-010 a 12 13 ua 1s 1s uy 18 19 20 a. 2 23 24 25 26 05/24/10 13 to a smart growth program, provided on a competitive basis, to counties, cities, towns, or villages to establish, update or implement comprehensive plans in a manner consistent with smart growth; provided, however, that up to 25 percent of such payments may be awarded to not~ for-profit organizations for such purposes (O9SGLOER) ....... Notwithstanding any law to the contrary, for the Finger Lakes-Lake Ontario Watershed Protection Alliance (09FL10z8) Notwii for ter thstanding any law to the contrary, the state share of costs of wastewa~ treatment improvement projects undertaken by municipalities to upgrade icipal systems to meet stormwater, combined sewer overflow, sanitary sewer flow and wastewater treatment discharge requirements with priority given to systems that are in violation of title 8 of article 17 of the environ- mental conservation law and aquatic hab: by tat restoration projects undertaken municipalities and not-for-profit seeees 382/000 sees 1,146,000 12245-02-010 a 12 43 aa 1s. 16 uw 18 19 20 a. 22 23 24 25 26 05/24/10 ua corporations for aquatic habitat zation projects resto- as defined in subdivi- sion 1 of section 56-0101 of the envi~ ronmental conservation law (Q9WQLOER) .. Notwithstanding any law to the contrary for New York ocean and Great Lakes ecosystem consistent with in article 14 conservation projects, the policy articulated of the environmental conservation law (09GL10ER) Notwithstanding any for the implementation of the @ations of the ++ 1,910,000 ceeeeeseees 54729000 law to the contrary, species task force prepared pursuant to chapter 324 of the laws of 2003 and for the purposes set forth in chapter 674 of the laws of 2007 including not less than $95,000 for take George, provided that not less than $1,000,000 be made available for inva- sive species exadication, and including grants related to the management of invasive control and species. such funding for grants shall be provided on a competitive basis in coneultation with the New York invasive Species Council (O9TS1OBR) «2... + 4,583,000 112245-02-010 a a2 13 a4 1s 16 uy 18 1s 20 au 22 23 24 05/24/10 15 12245-02-0 Notwithstanding any law to the contrary, for Soil and Water Conservation District activities as authorized for reimburse- ment in section ll-a of the soil and water conservation districts law (O9SWLOER) ees. + 3,000,000 Notwithstanding any lav to the contrary, for Agricultural Waste Management. projects (O9AWLOER) ...seseeeeeeeeeeee s+ 430,000 Notwithstanding any law to the contrary, for taxes on public lands and payments pursuant to sections 532 through 546 of the real property tax law (O97K10ER) . 5,000,000 § 3. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg~ ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 4. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2010.