N.Y. State Finance Law § 97-oo*2: Clean air fund

* § 97-oo. Clean air fund. 1. There is hereby established in the joint

custody of the state comptroller and the commissioner of taxation and

finance a fund to be known as the "clean air fund" which shall consist

of an "operating permit program account" and a "mobile source account".

2. The operating permit program account shall consist of the

following:

a. monies collected pursuant to section 72-0303 of the environmental

conservation law;

b. all fines and penalties collected pursuant to subdivision twelve of

section 72-0201 of the environmental conservation law for the nonpayment

of fees; and

3. Monies in the operating permit program account shall be available,

following appropriation by the legislature, to pay the reasonable direct

and indirect costs of developing and implementing the operating permit

program established pursuant to section 19-0311 of the environmental

conservation law. Such reasonable direct and indirect costs shall

include:

a. reviewing and acting upon any application for an operating permit

or permit revision issued pursuant to section 19-0311 of the

environmental conservation law;

b. implementing and enforcing the terms and conditions of any

operating permit or permit revision issued pursuant to section 19-0311

of the environmental conservation law;

c. emissions and ambient monitoring, including auditing and inspecting

source-operated monitoring programs, related to operating permits or

permit revisions issued pursuant to section 19-0311 of the environmental

conservation law;

d. preparing generally applicable regulations and non-enforceable

guidance;

e. modelling, analyses and demonstrations;

f. preparing inventories and tracking emissions;

g. developing and implementing the small business stationary source

technical and environmental compliance assistance program established

pursuant to section 19-0313 of the environmental conservation law;

h. providing support to the small business stationary source

compliance advisory panel established pursuant to section 19-0315 of the

environmental conservation law;

i. developing and implementing the small business stationary source

ombudsman program established pursuant to section one hundred

thirty-seven of the economic development law; and

j. providing loans to the mobile source account, provided that any

such loan shall be repaid from such account.

4. The mobile source account shall consist of monies collected

pursuant to section three hundred one-b of the vehicle and traffic law,

paragraph two of subdivision (a) of section three hundred five of the

vehicle and traffic law, any monies collected pursuant to paragraph K of

subdivision seven of section four hundred one of the vehicle and traffic

law and subdivision four of section 71-2103 of the environmental

conservation law, and all interest accrued on any such monies deposited

into the account.

5. Monies in the mobile source account shall be available, following

appropriation by the legislature, to pay the reasonable direct and

indirect costs of developing and implementing the mobile source program

including inspection and maintenance, SIP planning and preparation

relating to mobile sources, fuels, preparing generally applicable

regulations and guidance, and other such additional reasonable costs

attributable to the mobile source program.

* NB There are 2 § 97-oo's