* § 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".

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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

c. all interest accrued on any such monies deposited into the account.

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 § 137 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 § 301-b of the vehicle and traffic law, paragraph two of subdivision (a) of § 305 of the vehicle and traffic law, any monies collected pursuant to paragraph K of subdivision seven of § 401 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