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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4187
(By Delegates
Barker and Wells)
[Passed March 10 2010; in effect ninety days from passage.]
AN ACT to amend and reenact §22-18-22 of the Code of West Virginia,
1931, as amended, relating to extending the termination date
of the Hazardous Waste Management Fund from June 30, 2010 to
June 30, 2015.
Be it enacted by the Legislature of West Virginia:
That §22-18-22 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 18. HAZARDOUS WASTE MANAGEMENT ACT.
§22-18-22. Appropriation of funds; Hazardous Waste Management
Fund.
(a) The net proceeds of all fines, penalties and forfeitures
collected under this article shall be appropriated as directed by
section five, article XII of the Constitution of West Virginia.
For the purposes of this section, the net proceeds of the fines,
penalties and forfeitures are considered the proceeds remaining after deducting therefrom those sums appropriated by the
Legislature for defraying the cost of administering this article.
All permit application fees collected under this article shall be
paid into the State Treasury into a special fund designated the
Hazardous Waste Management Fund. In making the appropriation for
defraying the cost of administering this article, the Legislature
shall first take into account the sums included in that special
fund prior to deducting additional sums as may be needed from the
fines, penalties and forfeitures collected pursuant to this
article.
(b) Effective on July 1, 2003, there is imposed an annual
certification fee for facilities that manage hazardous waste, as
defined by the federal Resource Conservation and Recovery Act, as
amended. The secretary shall propose a rule for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code to establish the certification
fee.
The rule shall be a product of a negotiated rule-making
process with the facilities subject to the rule. The rule shall,
at a minimum, establish different fee rates for facilities based on
criteria established in the rule. The total amount of fees
generated raise no more funds than are necessary and adequate to
meet the matching requirements for all federal grants which support
the hazardous waste management program, but shall not exceed
$700,000 per year.
(c) The revenues collected from the annual certification fee
shall be deposited in the State Treasury to the credit of the
Hazardous Waste Management Fee Fund, which is continued. Moneys of
the fund, together with any interest or other return earned on the
fund, shall be expended to meet the matching requirements of
federal grant programs which support the hazardous waste management
program. Expenditures from the fund are for the purposes set forth
in this article and are not authorized from collections, but are to
be made only in accordance with appropriation by the Legislature
and in accordance with the provisions of article three, chapter
twelve of this code and upon the fulfillment of the provisions set
forth in article two, chapter five-a of this code. Amounts
collected which are found, from time to time, to exceed the funds
needed for purposes set forth in this article may be transferred to
other accounts by appropriation of the Legislature.
(d) The fee provided in subsection (b) of this section and the
fund established in subsection (c) of this section shall terminate
on June 30, 2015. The department shall, by December 31 of each
year, report to the Joint Committee on Government and Finance
regarding moneys collected into the Hazardous Waste Management Fee
Fund and expenditures by the agency, including any federal matching
moneys received and providing an accounting on the collection of
the fee by type of permit activity, funds being expended and
current and future projected balances of the fund.