N.Y. Navigation Law § 186: Disbursement of moneys from the fund

§ 186. Disbursement of moneys from the fund. 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.

(i) Beginning in state fiscal year two thousand fifteen--two thousand

sixteen, up to two million one hundred thousand dollars per year shall

be appropriated to the department for use only for the oil spill

prevention and training purposes authorized in subdivision three of this

section.

(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 appropriated to the department pursuant to subparagraph (i)

of paragraph (a) of subdivision one of this section, up to two million

one hundred thousand dollars, shall be disbursed only for the following

purposes:

(a) Such sums as may be necessary for the acquisition and maintenance

of petroleum spill prevention, response or personal safety equipment and

supplies and training for state and local government entities, including

emergency services agencies and personnel.

(b) Such sums as may be necessary for petroleum spill response drills

and exercises.

(c) Such sums as may be necessary for identification, mapping, and

analysis of populations, environmentally sensitive areas, and resources

at risk from spills of petroleum and related impacts; and the

development, implementation, and updating of contingency plans,

including geographic response plans, to protect those populations,

sensitive environments, and resources in the event of a spill of

petroleum or related impacts.

(d) Spending pursuant to this subdivision shall be included in the

annual report required by section one hundred ninety-six of this

article.

4. Moneys shall be disbursed from the fund only for the purposes set

forth in subdivisions one, two and three of this section.

5. 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.