Bill Text: NY A00902 | 2011-2012 | General Assembly | Introduced
Bill Title: Phases out the use of chlorinated solvents in this state, ultimately prohibiting their use completely; creates revolving loan fund to assist businesses in such phaseout and imposes registration fees and surcharges to provide monies therefor.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - referred to environmental conservation [A00902 Detail]
Download: New_York-2011-A00902-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 902 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. COLTON -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to restricting the use of chlorinated solvents in this state THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The legislature finds and declares that: 2 (a) Virtually all chlorinated organic compounds that have been studied 3 exhibit at least one of a wide range of serious toxic effects such as 4 endocrine dysfunction, developmental impairment, birth defects, repro- 5 ductive dysfunction and infertility, hormonal disruption, immunosuppres- 6 sion, and cancer, often at extremely low doses. 7 (b) Stratospheric ozone depletion caused in part by the use of chlori- 8 nated compounds including chlorinated solvents is expected to cause 9 millions of additional cases of human skin cancer, cataracts and immune 10 suppression, as well as major effects on aquatic and terrestrial food 11 chains. 12 (c) The use of chlorinated solvents such as methylene chloride, 13 trichloroethylene and perchloroethylene in industrial and manufacturing 14 processes has been recognized as posing significant workplace hazards. 15 (d) The weight of scientific evidence indicates that exposure to all 16 organochlorines should be presumed to pose a health risk, and therefore 17 policies to protect public health should be directed toward eventually 18 achieving no exposure to chlorinated organic chemicals as a class rather 19 than focusing on a series of individual chemicals. 20 (e) Numerous public health and environmental organizations including 21 the American Public Health Association and the International Joint 22 Commission have recommended that the only feasible and prudent approach 23 to eliminating the release and discharge of chlorinated organic chemi- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04979-01-1 A. 902 2 1 cals and consequent exposure is to avoid the use of chlorine and its 2 compounds in manufacturing processes. 3 (f) The implementation of such a goal should proceed with priority 4 being given to industry sectors causing severe organochlorine pollution. 5 (g) Chlorinated solvents have been identified in numerous hazardous 6 waste sites in the state and are considered major contributors to the 7 toxic contamination of many of the state's public and private drinking 8 water sources. 9 (h) Alternative processes and substitute chemicals already exist for 10 most uses of chlorinated solvents. 11 S 2. The environmental conservation law is amended by adding a new 12 article 48 to read as follows: 13 ARTICLE 48 14 CHLORINATED SOLVENTS 15 SECTION 48-0101. DEFINITION. 16 48-0103. RESTRICTIONS ON THE USE, MANUFACTURE OR SALE OF CHLORI- 17 NATED SOLVENTS. 18 48-0105. SAFE ALTERNATIVES POLICY. 19 48-0107. SURCHARGE IMPOSED. 20 48-0109. REVOLVING LOAN PROGRAM. 21 48-0111. CHLORINATED SOLVENT PHASE-OUT REVOLVING LOAN ACCOUNT. 22 S 48-0101. DEFINITION. 23 AS USED IN THIS ARTICLE, "CHLORINATED SOLVENT" MEANS THE FOLLOWING 24 CHLORINE-BASED CHEMICALS: METHYLENE CHLORIDE, PERCHLOROETHYLENE, 25 TRICHLOROETHYLENE AND METHYL CHLOROFORM. 26 S 48-0103. RESTRICTIONS ON THE USE, MANUFACTURE OR SALE OF CHLORINATED 27 SOLVENTS. 28 1. EXCEPT AS PROVIDED UNDER SUBDIVISION TWO OR THREE OF THIS SECTION: 29 (A) ON AND AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN, NO PERSON IN 30 THE STATE SHALL MANUFACTURE, USE OR SELL ANY AMOUNT OF CHLORINATED 31 SOLVENT FOR THE FOLLOWING PURPOSES: METAL CLEANING OPERATIONS, PAINT 32 REMOVERS, INDUSTRIAL SOLVENTS, FOAM BLOWING, PAINTS AND COATINGS, 33 AEROSOLS, SYNTHETIC PESTICIDES, AND FOOD PROCESSING; 34 (B) ON AND AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, NO PERSON IN THE 35 STATE SHALL MANUFACTURE, USE OR SELL ANY AMOUNT OF CHLORINATED SOLVENT 36 FOR THE FOLLOWING PURPOSES: DRY CLEANING AND TEXTILE PROCESSING; 37 (C) ON AND AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN, NO PERSON IN 38 THE STATE SHALL MANUFACTURE, USE OR SELL ANY AMOUNT OF CHLORINATED 39 SOLVENT FOR ANY PURPOSE INCLUDING CHEMICAL PROCESSING, ELECTRONICS, FILM 40 PROCESSING AND FIBERS. 41 ALL PRODUCERS, USERS OR SELLERS OF CHLORINATED SOLVENTS OR PRODUCTS 42 CONTAINING ANY CHLORINATED SOLVENT SHALL ANNUALLY PROVIDE TO THE COMMIS- 43 SIONER AN INVENTORY AND DESCRIPTION OF THEIR PRODUCTION, USE AND SALE OF 44 CHLORINATED SOLVENTS WITHIN THE STATE. THE COMMISSIONER SHALL, NO LATER 45 THAN JANUARY FIRST, TWO THOUSAND TWELVE, ISSUE REGULATIONS PRESCRIBING 46 THE REPORTING REQUIREMENTS OF THIS SUBDIVISION. 47 2. ANY PERSON MAY PETITION THE COMMISSIONER FOR AN EXEMPTION FROM THE 48 REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION, AND THE COMMISSIONER 49 MAY GRANT BY RULE SUCH AN EXEMPTION IF THE COMMISSIONER FINDS THAT: 50 (A) THE CONTINUED USE OF THE CHLORINATED SOLVENT SERVES A COMPELLING 51 PUBLIC NEED; 52 (B) AN UNREASONABLE RISK OF INJURY TO HEALTH OR ENVIRONMENT WOULD NOT 53 RESULT; AND 54 (C) GOOD FAITH EFFORTS HAVE BEEN MADE TO DEVELOP AN ALTERNATIVE PROC- 55 ESS OR CHEMICAL SUBSTANCE WHICH DOES NOT PRESENT AN UNREASONABLE RISK OF A. 902 3 1 INJURY TO HEALTH OR THE ENVIRONMENT AND WHICH MAY BE SUBSTITUTED FOR 2 SUCH CHLORINATED SOLVENT. 3 AN EXEMPTION GRANTED UNDER THIS SUBDIVISION SHALL BE SUBJECT TO SUCH 4 TERMS AND CONDITIONS AS THE COMMISSIONER MAY PRESCRIBE AND SHALL BE IN 5 EFFECT FOR SUCH PERIOD (BUT NOT MORE THAN TWO YEARS FROM THE DATE WHICH 6 IT IS GRANTED) AS THE COMMISSIONER MAY PRESCRIBE. SUCH AN EXEMPTION 7 SHALL NOT BE RENEWED MORE THAN ONCE. 8 3. EDUCATIONAL/MEDICAL USERS SHALL BE EXEMPT FROM THE PROVISIONS OF 9 SUBDIVISION ONE OF THIS SECTION, PROVIDED THAT SAID EDUCATIONAL/MEDICAL 10 USERS SHALL ANNUALLY PROVIDE TO THE COMMISSIONER AN INVENTORY AND 11 DESCRIPTION OF THEIR USE OF ANY CHLORINATED SOLVENT WITHIN THE STATE. 12 SAID EDUCATIONAL/MEDICAL USERS SHALL USE ANY SUCH SUBSTANCE ONLY IN 13 CONNECTION WITH INSTRUCTION, EDUCATION, RESEARCH OR MEDICAL TREATMENT. 14 THE COMMISSIONER SHALL, NO LATER THAN JANUARY FIRST, TWO THOUSAND 15 TWELVE, ISSUE REGULATIONS PRESCRIBING THE REPORTING REQUIREMENTS OF THIS 16 SUBDIVISION. 17 4. THE DEPARTMENT AND THE ENVIRONMENTAL FACILITIES CORPORATION, IN 18 COOPERATION WITH USERS AND PRODUCERS OF CHLORINATED SOLVENTS, SHALL 19 ESTABLISH AN INTENSIVE TECHNOLOGY TRANSFER, RESEARCH AND TECHNICAL 20 ASSISTANCE PROGRAM TO DISSEMINATE INFORMATION REGARDING AVAILABLE ALTER- 21 NATIVES TO THE USE OF CHLORINATED SOLVENTS AND TO DEVELOP NEW TECHNOLO- 22 GIES THAT MAY BE SUBSTITUTED FOR CHLORINATED SOLVENT USE. 23 5. THE COMMISSIONER SHALL, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF 24 THIS ARTICLE, ESTABLISH AN ADVISORY TASK FORCE TO INVESTIGATE AND 25 ANALYZE THE IMPACT OF THIS ARTICLE ON THE WORK FORCE AND INDUSTRY OF THE 26 STATE. IN ADDITION, THE TASK FORCE SHALL RECOMMEND MEASURES TO PROVIDE 27 TRAINING FOR AFFECTED WORKERS, TO ATTRACT NEW BUSINESSES TO THE STATE IN 28 THE AREA OF ALTERNATIVE TECHNOLOGIES, AND TO OTHERWISE ASSIST THE 29 STATE'S LABOR FORCE IN ADAPTING TO THE PROVISIONS OF THIS ARTICLE. THE 30 TASK FORCE SHALL CONSIST OF NINE MEMBERS INCLUDING THREE REPRESENTING 31 THE PUBLIC HEALTH SECTOR AND TWO EACH REPRESENTING THE LABOR, BUSINESS 32 AND ENVIRONMENTAL SECTORS. 33 S 48-0105. SAFE ALTERNATIVES POLICY. 34 NO FACILITY SHALL REPLACE THE MANUFACTURE, PROCESSING, USE OR SALE OF 35 ANY CHLORINATED SOLVENT WITH ANY SUBSTITUTE TOXIC SUBSTANCE THAT IS A 36 KNOWN OR PROBABLE CARCINOGEN, TERATOGEN OR MUTAGEN, OR WITH ANY ALTERNA- 37 TIVE PRODUCT OR PROCESS THAT CREATES AN UNREASONABLE RISK OF HARM TO 38 PUBLIC HEALTH, WORKERS, CONSUMERS OR ANY PART OF THE ENVIRONMENT AS 39 DETERMINED BY THE COMMISSIONER. 40 S 48-0107. SURCHARGE IMPOSED. 41 1. ON AND AFTER APRIL FIRST, TWO THOUSAND TWELVE, A SURCHARGE SHALL BE 42 LEVIED ON THE PRIVILEGE OF PRODUCING IN, IMPORTING INTO OR CAUSING TO BE 43 IMPORTED INTO THE STATE METHYLENE CHLORIDE, PERCHLOROETHYLENE (TETRA- 44 CHLOROETHYLENE), TRICHLOROETHYLENE OR METHYL CHLOROFORM. A SURCHARGE OF 45 FIVE DOLLARS PER GALLON SHALL BE LEVIED ON EACH GALLON OF METHYLENE 46 CHLORIDE, PERCHLOROETHYLENE (TETRACHLOROETHYLENE), TRICHLOROETHYLENE AND 47 METHYL CHLOROFORM WHEN FIRST IMPORTED INTO OR PRODUCED IN THE STATE. THE 48 SURCHARGE SHALL BE IMPOSED WHEN TRANSFER OF TITLE OR POSSESSION, OR 49 BOTH, OF THE PRODUCT OCCURS IN THIS STATE OR WHEN THE PRODUCT COMMINGLES 50 WITH THE GENERAL MASS OF THIS STATE. 51 2. ANY PERSON PRODUCING IN, IMPORTING INTO OR CAUSING TO BE IMPORTED 52 INTO THIS STATE METHYLENE CHLORIDE, PERCHLOROETHYLENE (TETRACHLOROETHY- 53 LENE), TRICHLOROETHYLENE AND/OR METHYL CHLOROFORM FOR SALE, USE OR 54 OTHERWISE SHALL REGISTER WITH THE COMMISSIONER AND BECOME LICENSED FOR 55 THE PURPOSE OF REMITTING THE SURCHARGE PURSUANT TO THIS SECTION. SUCH 56 PERSON MUST REGISTER AS EITHER A PRODUCER OR IMPORTER OF METHYLENE CHLO- A. 902 4 1 RIDE, PERCHLOROETHYLENE (TETRACHLOROETHYLENE), TRICHLOROETHYLENE AND/OR 2 METHYL CHLOROFORM. PERSONS OPERATING AT MORE THAN ONE LOCATION SHALL 3 ONLY BE REQUIRED TO HAVE A SINGLE REGISTRATION. EACH SUCH PERSON SHALL 4 PAY AN ANNUAL REGISTRATION FEE OF THIRTY DOLLARS. 5 3. THE SURCHARGE IMPOSED BY THIS SECTION SHALL BE DUE ON THE FIRST DAY 6 OF THE MONTH SUCCEEDING THE MONTH OF PRODUCTION, IMPORTATION OR REMOVAL 7 FROM A STORAGE FACILITY AND MUST BE PAID ON OR BEFORE THE TWENTIETH OF 8 EACH MONTH. THE SURCHARGE SHALL BE REPORTED ON FORMS IN THE MANNER 9 PRESCRIBED BY THE COMMISSIONER. 10 4. ANY PERSON SUBJECT TO THE SURCHARGE UNDER THIS SECTION OR ANY 11 PERSON WHO SELLS SURCHARGE-PAID METHYLENE CHLORIDE, PERCHLOROETHYLENE 12 (TETRACHLOROETHYLENE), TRICHLOROETHYLENE AND/OR METHYL CHLOROFORM, OTHER 13 THAN A RETAIL DEALER, SHALL SEPARATELY STATE THE AMOUNT OF SUCH 14 SURCHARGE PAID ON ANY CHARGE TICKET, SALES SLIP, INVOICE OR OTHER TANGI- 15 BLE EVIDENCE OF THE SALE OR MUST CERTIFY ON THE SALES DOCUMENT THAT THE 16 SURCHARGE REQUIRED PURSUANT TO THIS SECTION HAS BEEN PAID. 17 5. ALL METHYLENE CHLORIDE, PERCHLOROETHYLENE (TETRACHLOROETHYLENE), 18 TRICHLOROETHYLENE AND METHYL CHLOROFORM IMPORTED, PRODUCED OR SOLD IN 19 THIS STATE IS PRESUMED TO BE SUBJECT TO THE SURCHARGE IMPOSED BY THIS 20 SECTION. ANY PERSON, EXCEPT THE FINAL RETAIL CONSUMER, WHO HAS PURCHASED 21 METHYLENE CHLORIDE, PERCHLOROETHYLENE (TETRACHLOROETHYLENE), TRICHLOROE- 22 THYLENE OR METHYL CHLOROFORM MUST DOCUMENT THAT THE SURCHARGE IMPOSED BY 23 THIS SECTION HAS BEEN PAID OR MUST PAY SUCH SURCHARGE DIRECTLY TO THE 24 DEPARTMENT IN ACCORDANCE WITH THIS SECTION. 25 6. THE DEPARTMENT MAY AUTHORIZE A QUARTERLY RETURN AND PAYMENT WHEN 26 THE SURCHARGE REMITTED BY THE LICENSEE FOR A PRECEDING QUARTER DID NOT 27 EXCEED ONE HUNDRED DOLLARS; MAY AUTHORIZE A SEMIANNUAL RETURN AND 28 PAYMENT WHEN THE SURCHARGE REMITTED BY THE LICENSEE FOR THE PRECEDING 29 SIX MONTHS DID NOT EXCEED TWO HUNDRED DOLLARS; AND MAY AUTHORIZE AN 30 ANNUAL RETURN AND PAYMENT WHEN THE SURCHARGE REMITTED BY THE LICENSEE 31 FOR THE PRECEDING TWELVE MONTHS DID NOT EXCEED FOUR HUNDRED DOLLARS. 32 7. THE SURCHARGE IMPOSED BY THIS SECTION SHALL BE REPORTED TO THE 33 DEPARTMENT. THE PAYMENT SHALL BE ACCOMPANIED BY SUCH FORMS AS THE 34 DEPARTMENT PRESCRIBES. THE PROCEEDS OF THE SURCHARGE, AFTER DEDUCTING 35 THE ADMINISTRATIVE COSTS INCURRED BY THE DEPARTMENT IN ADMINISTERING, 36 AUDITING, COLLECTING, DISTRIBUTING AND ENFORCING THE SURCHARGE SHALL BE 37 TRANSFERRED BY THE DEPARTMENT INTO THE CHLORINATED SOLVENT PHASE-OUT 38 REVOLVING LOAN ACCOUNT AND SHALL BE USED IN ACCORDANCE WITH THE REVOLV- 39 ING LOAN PROGRAM ESTABLISHED IN SECTION 48-0109 OF THIS ARTICLE. 40 8. FOR THE PURPOSES OF THIS SECTION, THE PROCEEDS OF THE SURCHARGE 41 SHALL INCLUDE FUNDS COLLECTED AND RECEIVED BY THE DEPARTMENT, INCLUDING 42 INTEREST AND PENALTIES ON DELINQUENT SURCHARGES. 43 9. METHYLENE CHLORIDE, PERCHLOROETHYLENE (TETRACHLOROETHYLENE), 44 TRICHLOROETHYLENE AND METHYL CHLOROFORM EXPORTED FROM THE FIRST STORAGE 45 FACILITY AT WHICH IT IS HELD IN THIS STATE BY THE PRODUCER OR IMPORTER 46 SHALL BE EXEMPT FROM THE SURCHARGE PURSUANT TO THIS SECTION. ANYONE 47 EXPORTING METHYLENE CHLORIDE, PERCHLOROETHYLENE (TETRACHLOROETHYLENE), 48 TRICHLOROETHYLENE AND METHYL CHLOROFORM ON WHICH A SURCHARGE HAS BEEN 49 PAID MAY APPLY FOR A REFUND OR CREDIT. THE COMMISSIONER MAY REQUIRE SUCH 50 INFORMATION AS HE OR SHE DEEMS NECESSARY IN ORDER TO APPROVE THE REFUND 51 OR CREDIT. 52 10. ANY PERSON WHO FAILS TO TIMELY REGISTER OR WHO KNOWINGLY GIVES OR 53 CAUSES TO BE GIVEN ANY FALSE INFORMATION AS A PART OF THE REGISTRATION 54 OR APPLICATION FOR FINANCIAL ASSISTANCE OR FAILS TO REMIT THE SURCHARGE 55 IN A TIMELY FASHION SHALL BE LIABLE FOR A PENALTY OF NOT MORE THAN TEN 56 THOUSAND DOLLARS IN A COURT OF COMPETENT JURISDICTION. IF THE VIOLATION A. 902 5 1 IS OF A CONTINUING NATURE, EACH DAY DURING WHICH IT CONTINUES SHALL 2 CONSTITUTE AN ADDITIONAL, SEPARATE AND DISTINCT OFFENSE. 3 S 48-0109. REVOLVING LOAN PROGRAM. 4 THE ENVIRONMENTAL FACILITIES CORPORATION, IN CONSULTATION WITH THE 5 COMMISSIONER, SHALL ESTABLISH A REVOLVING LOAN PROGRAM TO BE FUNDED BY 6 APPROPRIATIONS FROM THE CHLORINATED SOLVENT PHASE-OUT REVOLVING LOAN 7 ACCOUNT ESTABLISHED PURSUANT TO SECTION 48-0111 OF THIS ARTICLE TO 8 PROVIDE FINANCIAL ASSISTANCE TO ANY PERSON TO MEET COSTS IN SATISFYING 9 THE REQUIREMENTS AS PROVIDED IN THIS SECTION. UPON CERTIFICATION FROM 10 THE ENVIRONMENTAL FACILITIES CORPORATION AND THE COMMISSIONER, THE 11 ADMINISTRATOR MAY PROVIDE SUCH LOAN TO A PERSON UPON RECEIPT OF A WRIT- 12 TEN AGREEMENT PROVIDING REASONABLE ASSURANCES OF REPAYMENT THAT IS 13 SATISFACTORY TO THE COMPTROLLER. SUCH LOAN SHALL NOT BEAR INTEREST ON 14 THE REPAYMENT OF SUCH LOAN PROVIDED THAT THE TERM OF THE LOAN DOES NOT 15 EXCEED ONE YEAR. THE AMOUNT OF THE LOAN SHALL NOT EXCEED ONE HUNDRED 16 THOUSAND DOLLARS. THE ENVIRONMENTAL FACILITIES CORPORATION AND THE 17 COMMISSIONER SHALL ONLY CERTIFY SUCH LOANS AFTER A FINDING THAT SUCH 18 PERSON HAS A PLAN TO MEET THE REQUIREMENTS AS PROVIDED IN THIS SECTION. 19 THE ENVIRONMENTAL FACILITIES CORPORATION AND THE DEPARTMENT, WITH 20 CONSULTATION FROM THE COMPTROLLER, SHALL PROMULGATE RULES AND REGU- 21 LATIONS WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE FOR THE 22 OPERATION OF THE CHLORINATED SOLVENT PHASE-OUT REVOLVING LOAN ACCOUNT 23 WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE CRITERIA TO BE USED IN 24 DETERMINING ELIGIBILITY FOR ASSISTANCE; A PROCEDURE AND ANY NECESSARY 25 INFORMATION THAT ANY PERSON NEEDS TO SUBMIT APPLICATIONS FOR A LOAN FROM 26 THE CHLORINATED SOLVENT PHASE-OUT REVOLVING LOAN ACCOUNT; AND A SCHEDULE 27 OF REVIEWING SUCH APPLICATIONS, NOT TO EXCEED THIRTY DAYS, AND NOTIFICA- 28 TION TO AN APPLICANT OF APPROVAL OR DISAPPROVAL OF SUCH APPLICATION FOR 29 FUNDING AND ANY OTHER REQUIREMENTS DEEMED NECESSARY BY THE COMPTROLLER. 30 THE ENVIRONMENTAL FACILITIES CORPORATION AND THE COMMISSIONER SHALL 31 COMPILE AND MAKE AVAILABLE INFORMATION REGARDING THE AVAILABILITY AND 32 APPLICATION FOR SUCH LOANS. 33 S 48-0111. CHLORINATED SOLVENT PHASE-OUT REVOLVING LOAN ACCOUNT. 34 1. THE CHLORINATED SOLVENT PHASE-OUT REVOLVING LOAN ACCOUNT IS HEREBY 35 ESTABLISHED TO CARRY OUT THE PURPOSES OF THIS ARTICLE. SUCH ACCOUNT 36 SHALL CONSIST OF ALL FINES, PENALTIES, JUDGMENTS, RECOVERIES, AND OTHER 37 FEES AND CHARGES COLLECTED FOR NONREMITTANCE OF THE SURCHARGE AS 38 REQUIRED BY SECTION 48-0107 OF THIS ARTICLE, SURCHARGE REVENUES LEVIED, 39 COLLECTED AND CREDITED PURSUANT TO THE SURCHARGE PROVIDED IN SECTION 40 48-0107 OF THIS ARTICLE, INTEREST RECEIVED ON SUCH MONEY AND ANY MONEY 41 MADE AVAILABLE PURSUANT TO APPROPRIATION. THE COMPTROLLER SHALL APPOINT 42 AND SUPERVISE AN ADMINISTRATOR OF THE FUND. THE ADMINISTRATOR SHALL BE 43 THE CHIEF EXECUTIVE OF THE FUND AND SHALL DISBURSE MONEY FROM THE FUND 44 PURSUANT TO CERTIFICATION FROM THE ENVIRONMENTAL FACILITIES CORPORATION 45 AND THE COMMISSIONER. 46 2. THE COMPTROLLER MAY INVEST AND REINVEST ANY MONEYS IN SAID FUND IN 47 OBLIGATIONS IN WHICH THE COMPTROLLER IS AUTHORIZED TO INVEST PURSUANT TO 48 THE PROVISIONS OF SECTION NINETY-EIGHT OF THE STATE FINANCE LAW. ANY 49 INCOME OR INTEREST DERIVED FROM SUCH INVESTMENT SHALL BE INCLUDED IN THE 50 ACCOUNT. 51 3. MONIES WITHIN THE CHLORINATED SOLVENT PHASE-OUT REVOLVING LOAN 52 ACCOUNT, UPON APPROPRIATION BY THE LEGISLATURE, SHALL BE MADE AVAILABLE 53 TO THE ENVIRONMENTAL FACILITIES CORPORATION FOR THE PURPOSE OF THIS 54 ARTICLE. NO MONIES WITHIN THIS ACCOUNT SHALL BE USED TO FUND STATE 55 PERSONNEL. MONIES SHALL BE PAID OUT OF THE ACCOUNT ON THE AUDIT AND A. 902 6 1 WARRANT OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE 2 ADMINISTRATOR OF THE ACCOUNT. 3 S 3. Severability. The provisions of this act are severable, and if 4 any of its provisions or an application thereof shall be held unconsti- 5 tutional by any court of competent jurisdiction, the decision of such 6 court shall not affect or impair any of the remaining provisions or 7 other applications thereof. 8 S 4. This act shall take effect immediately.