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


1.

(a) Moneys in the account established by paragraph (a) of subdivision two of § 179 (New York environmental protection and spill compensation fund)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 § 176 (Removal of prohibited discharges)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 § 179 (New York environmental protection and spill compensation fund)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 State Finance Law § 97-B (Hazardous waste remedial fund)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 § 179 (New York environmental protection and spill compensation fund)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 § 181 (Liability)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 § 179 (New York environmental protection and spill compensation fund)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 § 179 (New York environmental protection and spill compensation fund)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 § 196 (Reports)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 State Finance Law § 98-A (Investment of general funds, bond proceeds, and other funds not immediately required)section ninety-eight-a of the state finance law. Any income or interest derived from such investment shall be included in the fund.

Source: Section 186 — Disbursement of moneys from the fund, https://www.­nysenate.­gov/legislation/laws/NAV/186 (updated Apr. 24, 2015; accessed Jun. 22, 2024).

Accessed:
Jun. 22, 2024

Last modified:
Apr. 24, 2015

§ 186’s source at nysenate​.gov

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