§ 174. Licenses. 1. No person shall operate or cause to be operated a\nmajor facility as defined in this article without (a) a license issued\nby the commissioner, (b) without paying a license fee if such fee is\nrequired by the administrator, pursuant to the provisions of paragraph\n(a) of subdivision four of this section, and (c) without paying the\nsurcharge established by paragraph (b) of subdivision four of this\nsection.\n 2. Licenses shall be issued for a period not to exceed five years,\nsubject to such terms and conditions as the department may determine are\nnecessary to carry out the purposes of this article.\n 3. As a condition precedent to the issuance or renewel of a license\nthe department shall require satisfactory evidence that the applicant\nhas implemented or is in the process of implementing state and federal\nplans and regulations for control of discharges of petroleum, and the\ncontainment and removal thereof when a discharge occurs.\n 4. (a) The license fee shall be nine and one-half cents per barrel\ntransferred, provided, however, that the fee on any barrel, including\nany products derived therefrom, subject to multiple transfer, shall be\nimposed only once at the point of first transfer. Provided further, the\nlicense fee for major facilities that (i) transfer barrels for their own\nuse, and (ii) do not sell or transfer the product subject to such\nlicense fee, shall be eight cents. In each fiscal year following any\nyear in which the balance of the account established by paragraph (a) of\nsubdivision two of section one hundred seventy-nine of this article\nequals or exceeds forty million dollars, no license fee shall be imposed\nunless (a) the current balance in such account is less than thirty-five\nmillion dollars or (b) pending claims against such account exceed fifty\npercent of the existing balance of such account. In the event of either\nsuch occurrence and upon certification thereof by the state comptroller,\nthe administrator shall within ten days of the date of such\ncertification reimpose the license fee, which shall take effect on the\nfirst day of the month following such relevy. The rate may be set at\nless than nine and one-half cents per barrel transferred if the\nadministrator determines that the revenue produced by such lower rate\nshall be sufficient to pay outstanding claims against such account\nwithin one year of such imposition of the license fee. Should such\naccount exceed forty million dollars, as a result of interest, the\nadministrator and the commissioner of environmental conservation shall\nreport to the legislature and the governor concerning the options for\nthe use of such interest. The fee established by this paragraph shall\nnot be imposed upon any barrel which is transferred to a land based\nfacility but thereafter exported from this state for use outside the\nstate and is shipped to facilities outside the state regardless of\nwhether the delivery or sale of such petroleum occurs in this state.\n (b) The surcharge on the license fee shall be four and one-quarter\ncents per barrel for each barrel transferred on or after February first,\nnineteen hundred ninety.\n (c) The surcharge established by paragraph (b) of this subdivision\nshall continue to be paid despite the fact that the license fee imposed\npursuant to paragraph (a) of this subdivision may, pursuant to said\nparagraph, no longer be imposed.\n (d) The surcharge established by paragraph (b) of this subdivision\nshall be thirteen and three quarters cents per barrel for any barrel\nthat is transferred but thereafter exported from this state for use\noutside the state as described by paragraph (a) of this subdivision.\nTwelve and one-quarter cents of such surcharge shall be credited to the\naccount established by paragraph (a) of subdivision two of section one\nhundred seventy-nine of this article.\n 5. Every licensee required to pay a major petroleum license fee or\nsurcharge pursuant to paragraph (a) o
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