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4. 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.

§ 17. The public authorities law is amended by adding a new section twelve hundred eighty-five-h to read as follows:

$ 1285-h. Inactive hazardous waste disposal site remedial programs. 1. The corporation and any owner of an inactive hazardous waste disposal site having responsibility for developing and implementing an inactive hazardous waste disposal site remedial program pursuant to

section 27-1313 of the environmental conservation law or section thirteen hundred eighty-nine-b of the public health law may enter into contract for the development and/or implementation of such a program upon such terms and conditions the corporation shall determine to reasonable. Such contract shall include reimbursement to the corporation pursuant to the contract and all claims arising therefrom. The corporation nay subcontract for the development or implementation of such a program.

2. When requested by the owner of an inactive hazardous waste disposal site the corporation may advise such owner on matters relating

to the development and implementation of an inactive hazardous waste remedial program and pursuant to a contract with such an owner may render technical assistance and

may undertake research, planning and testing with respect to any such program. The corporation may make reasonable charge to any

such owner for the performance of any of the functions authorized by this subdivision.

§ 18. Section ninety-seven-b of the state finance law, as added by chapter eight hundred fifty-seven of the laws of nineteen hundred eighty". Misaqmended to read as follows:

§ 97-b. Hazardous waste remedial fund. 1. There is hereby established in the custody of the state comptroller a nonlapsing, revolving fund to be known as the "hazardous waste remedial fund" which shall consist of a "site investigation account" and a "design and construction account".

2. Such fund shall consist of all of the following: (a) moneys appropriated for [the purpose of such fund, and] transfer to the fund's site investigation account; (b) all fines and other sums payable to the fund pursuant to section [71-2723] 71-2725 of the environmental conservation law [and] for deposit in the fund's design and construction account; (c) all moneys collected or received by the department of taxation and finance pursuant

to section 27-0923 of the environmental conservation law for deposit in the fund's design and construction account; (d) all moneys paid into the fund pursuant to section 72-0201 of the environmental conservation law which shall be deposited in the fund's, design and construction account; and (e) all moneys paid into the fund pursuant to section one hundred eighty-six of the navigation law which shall be deposited in the fund's design and construction account.

3. Moneys of the hazardous waste remedial fund, when allocated, shall be available to the department of environmental conservation for the following purposes:

(a) inactive hazardous waste disposal site remedial programs pursuant to séction 27-1313 of the environmental conservation law and section thirteen hundred eighty-nine- b of the public health law;

(b). cleaning up restoring to its original state any area where hazardous wastes were disposed of or possessed unlawfully in violation of article twenty-seven of the environmental conservation law. For the purposes of this section "the original state of the area" shall mean the reasonably ascertainable condition of the property immediately prior to the unlawful disposal or, if it is impracticable to determine such dition, then it is the reasonable environmentally sound condition of the area;

(c) inactive hazardous waste site identification, classification and investigation actions including testing, analyses, récord searches and other expenditures necessary to develop the state inactive hazardous waste disposal site remedial plan required pursuant to section 27-1305 of the environmental conservation law;

(d), financing the non-federal share of the cost of clean up, and site remediation activities as well as post-closure operation and maintenance

or

con

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

to be omitted.

costs,
pursuant to the

the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980;

(e) emergency response action to clean up spills or abate other public health or environmental hazards involving hazardous wastes except those provided for under the New York state environmental protection and spill compensation fund.

4. No moneys shall be available from the fund pursuant to paragraph (a) of subdivision three of this section unless the commissioner of environmental conservation [has made) finds that all reasonable efforts to secure voluntary agreement to pay the costs of necessary remedial actions from owners or operators of inactive hazardous waste sites or other responsible persons have been made except where the commissioner of environmental conservation has made findings pursuant to paragraph b of subdivision three of section 27-1313 of the environmental conservaţion law or where the commissioner of health has declared a condition dangerous to life or health and made findings pursuant to paragraph (b) of subdivision three of section one thousand three hundred eighty-nine-b of the public health law.

5. All moneys deposited in the fund's site investigation account shall be used for inactive hazardous waste site identification, classification, investigation and remedial investigation feasibility studies. No moneys deposited in the fund's design and construction account shall be available for expenditure pursuant to paragraph (ç) of subdivision three of this section in any state fiscal year until all moneys appropriated for transfer to the fund's site investigation account have been obligated.

[5.]. 6: The commissioner of the department of environmental conservation shall make all reasonable efforts to recover the full amount of any funds expended from the fund pursuant to paragraph (a) of subdivision three of this section through litigation or cooperative agreements with responsible persons. Any and all moneys recovered or reimbursed pursuant to this section through voluntary agreements or court orders shall be deposited with the comptroller and credited to the account of such fund from which such expenditures were made.

[6.] 7. Notwithstanding, the provisions of any general or special law, no moneys shall be available from the fund until å certificate of allocation and schedule of amounts to be available therefor shall have been issued by the director of the budget, and a copy of such certificate filed with the comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means. committee. Such certificate

amended from time to time by the director of the budget and a copy of each such amendment shall be filed with the comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee.

[7.]..8. The moneys, when allocated, shall be paid out of the fund on the audit and warrant of the comptroller on vouchers certified

approved by the commissioner of the department of environmental conservation or his duly designated officer.

§ 19. If any clause, sentence, paragraph, 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 operations to the clause, tence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 20. Notwithstanding the repeal of section 27-0923 of the environmental conservation law by section one of this act, all provisions of such section and regulations adopted thereunder shall continue in effect with respect to all special assessments imposed by such section for any period prior to June first, nineteen hundred eighty-five. An action may be brought by the attorney general at the instance of the department of taxation and finance in the name of the state to recover any unpaid assessment, including interest and penalties, imposed by such section for any period prior to June first, nineteen hundred eighty-five.

§ 21. This act shall take effect immediately; except that sections one and twenty of this act shall take effect June first, nineteen hundred eighty-five.

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CHAPTER 39

AN ACT authorizing, empowering and directing the commissioner of educa

tion to approve the change of the official name of the Middle Island Central School District

Became a law April 17, 1985, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Notwithstanding the provisions of any general, special or local law, rule or regulation to the contrary, the commissioner of education is hereby authorized, empowered and directed to approve the change of the official name of the "Middle Island Central School District" to the "Longwood Central School District at Middle Island", which change of name shall be effective July first, nineteen hundred eighty-five. The education department shall issue, on request, certific cates certifying, the name of the district and the names of the towns and counties in which the territory of the district is located.

§ 2. This act shall take effect immediately and shall be deemed to be in full force and effect on and after July first, nineteen hundred eighty-five.

CHAPTER 40

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AN ACT to amend the social services law, in relation to the standard of monthly need for determining eligibility for additional state payments for aged, blind and disabled persons in Suffolk and Westchester counties and increasing SSI state supplementation for residents of residential care facilities and providing state payments to family type

homes for adults for specified needs of residents Became law April 17, 1985, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section

14

the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraph (d) of subdivision two of section two hundred nine of the social services law, as amended by chapter seventy-one of the laws of nineteen hundred eighty-three, is amended to read as follows:

(d) On after January first, nineteen hundred eighty-four, for an eligible individual receiving residential care, $638. 86 if he is receive ing such care in the city of New York or the [county] counties of Nassau, Suffolk or Westchester; or $608. 86 if he is receiving such care in any other

county

in the state; and for an eligible couple receiving residential care, $1277. 72. if they are receiving residential care in the city of New York the [county] counties of Nassau, Suffolk or Westchester; or $1217. 72 if they are receiving such care in any

other county of the state.

§ 2. Subdivision two of section two hundred nine of such law is amended by adding a new paragraph (h) to read as follows:

(h) On and after July first, nineteen hundred eighty-five, the amounts set forth in paragraph (d) of this subdivision, as increased by para&raph (8) of this subdivision shall be further increased by $70.14 for individuals and $135.28 for couples.

§ 3. Such law is amended by adding a new section four hundred sixtyone-j to read as follows:

or

EXPLANATION-Matter in italics is new; matter in brackets [ ) is old law

to be omitted.

§ 461-3. Family type șomes for adults; special needs funds: 1. The commissioner shall establish a procedure whereby payments shall be made to

duly certified operators of family type homes for adults to be used to reimburse expenses incurred by such operators to meet one or more of certain special needs of persons residing in such facilities and properly receiving or eligible to receive supplemental security income, additional state payments or home relief benefits, as follows: (a)

Payments to be used for necessary clothing, recreation, transportation and cultural activities of specified individual residents shall not exceed two hundred ninety dollars per resident per year.

(b) Payments to be used for provision of substitute care to residents during periods of emergency and scheduled absence of operators, including periods of operator absence for the purposes of education and training, shall not exceed five hundred dollars per facility per year.

(C) Payments to be used for health and safety equipment shall not exceed seventy-five dollars per facility per year.

2. Social services districts shall establish a separate account for special needs funds and shall administer payments to operators out of said account, in accordance with regulations which shall be promulgated by the department. The department shall pay district costs out of available appropriations for such purposes, to the extent of one hundred percent of the amount expended pursuant to subdivision one of this section, in accordance with the provisions of section one hundred fiftythree of this chapter. In addition, the department shall, in accordance with the provisions of section one hundred fifty-three of this chapter, reimburse one hundred percent of amounts expended by each district for administration under this section only to the extent of ten percent of the amount paid by such district pursuant to subdivision

of this section, and shall thereafter reimburse fifty percent of any additional amounts paid by such district for such administrative costs. The department may make advances to districts in anticipation of such reimbursement. Nothing contained in this section shall be construed to require expenditures by any district pursuant to subdivision one of this section, in excess of the amounts made available to the district by the department pursuant to this section.

3. Notwithstanding any other provision of law, state reimbursement to districts may be made only from and to the extent of moneys appropriated to the department for such purposes.

4. The department shall audit payments and maintenance of accounts in accordance with department regulations. The commissioner shall promulgate regulations to carry out the purposes of this section.

§ 4. This act shall take effect' immediately; except that sections one and two of this act shall take effect July first, nineteen hundred eighty-five; and section three of this act shall take effect October first, nineteen hundred eighty-five.

one

CHAPTER 41

one

AN ACT to provide for the construction of a sports stadium in the city

of Buffalo, a civic center in the city of Albany, and a sports stadium in the county of Broome, to provide for advice and approval concerning the design and development of such facilities, to amend chapter hundred fifty-two of the laws of nineteen hundred sixty-four, relating to the authorization of contracts between the state and a county

for the construction of office buildings and other improvements and the lease thereof to the state, in relation thereto, and making appropria

tions relating to the construction of such facilities Became a law April 17, 1985, with the approval of the Governor. Passed

on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section The following terms, whenever used or referred to in this act, unless the context indicates otherwise, shall have the following meanings:

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(a) "Corporation". The New York state urban development corporation, a public benefit corporation created by chapter one hundred seventy-four of the laws of nineteen hundred sixty-eight.

(b). "Development entity". The city of Buffalo or the Erie county industrial development agency, a public benefit corporation created

pur. suant to article eighteen-A of the general municipal law, or both of them, as the case may be, in accordance with the development and operation plan described in section five of this act and any effective amendments thereto.

(c) "State". Any state agency, department, board, bureau, division or office of the state of New York.

§ 2. The sum of twenty-two million five hundred thousand dollars ( $22,500,000), or so much thereof as shall be necessary, is hereby appropriated from the capital projects fund to the corporation to be made available by the corporation, as it deems appropriate, to the development, entity for the purpose of the development of a sports stadium and ancillary facilities (hereinafter referred to as the "Buffalo, project") at a site located in the city of Buffalo bounded generally by Swan, Washington, Exchange and Oak Streets (hereinafter referred to the "Buffalo project site").

The corporation shall furnish technical assistance in connection with the development of the Buffalo project as it deems appropriate and disburse the grant of moneys hereby appropriated.

§ 3. Notwithstanding the provisions of any general, special or local law or charter, the corporation and the development entity are hereby authorized and empowered to take any action, including executing any documents and entering into any agreements necessary or appropriate for the development, operation, repair and continuing use and maintenance of the Buffalo project. Construction shall not commence until the design of the Buffalo project has been approved by the corporation, after consultation with the western New York economic development corporation. The western New York economic development corporation shall provide such technical assistance and information may be requested by the corporation.

§ 4. Notwithstanding the provisions of any general, special or local law or charter, the development entity, in consultation with the poration, shall prepare or cause to be prepared a development and operation plan for the Buffalo project which shall include, but not be limited to, the items described in section five of this act. The director of the budget and the corporation shall review and approve such develop: ment and operation plan before construction of the Buffalo project shall commence and the director of the budget shall file a copy of such plan and approval thereof with the chairmen of the senate finance committee and the assembly ways and means committee. No proposed amendment to the plan shall be effective until approved by the corporation and the director of the budget and filed by the director with the chairmen of the senate finance committee and the assembly ways and means committee.

§ 5. Such development and operation plan shall include, but not be limited to, provisions concerning the following:

(a) the' plans for the securing by the development agency of private, federal or local financial support for the construction and equipping of the Buffalo project,

(b) evidence satisfactory to the corporation of commitments or intentions to commit by tenants of the sports stadium and related facilities,

(c) the estimated total cost and date of completion of the Buffalo project,

(d) the sources of revenues that are projected to be available to meet all costs of the development, operation, repair and continuing

and maintenance of the Buffalo project and evidence satisfactory to the corporation that such revenues will be available when needed for the project,

(e) plans for the development, operation, repair and continuing use and maintenance of the Buffalo project, and

(1) plans satisfactory, to the corporation for the imp'ementation of section seven of this act during the development, operation, repair and continuing use and maintenance of the Buffalo project.

§ 6. Notwithstanding any general, special or local law or charter, the development, operation, repair and continuing use and maintenance of the Buffalo project shall take place on such terms and conditions and under EXPLANATION-Matter in italics is new; matter in brackets [] is old law

to be omitted.

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