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Introduced Version House Bill 4112 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 4112


(By Delegates Beach, Shaver, Perry,

Martin, Pethtel and Fahey)


[Introduced January 22, 2002; referred to the

Committee on the Judiciary then Finance.]




A BILL to amend article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section four, relating to amending the waste tire remediation environmental clean-up rules by providing that certain tire remediation revenues are remitted to the county solid waste authorities on an annual basis, based on the population of each county to be used exclusively for the activities conducted by each county solid waste authority; requiring each county solid waste authority to provide documentation verifying that funds received were used prior to the disbursement of additional revenues; and, requiring that the necessary documentation include the number of tires collected in the county since the funds were disbursed to the county solid waste authority, and what amount, if any, of remaining revenues exist and have been carried over to the next fiscal year.

Be it enacted by the Legislature of West Virginia:
That article three, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section four, to read as follows:
ARTICLE 3. AUTHORIZATION FOR BUREAU OF ENVIRONMENT TO PROMULGATE
LEGISLATIVE RULES.
§64-3-4. Solid waste management board.
(a) The legislative rule contained in title one hundred fifty-seven, series eight, and filed in the state register on the seventh day of June, two thousand one, authorized under the authority of section four, article twenty-four, chapter seventeen, of this code, relating to waste tire remediation (developing, updating and amending of the waste tire division of highways remediation environmental clean-up rules, Title 157, Series 8), is authorized with the following amendment.
On page thirteen, section seventeen, subsection 17.2a, by adding the following language: 'Funds so received shall be disbursed to the respective county solid waste authorities on an annual basis. The disbursements shall be made on a pro rata basis based on the population size of each county. The funds disbursed shall be used exclusively to collect and dispose of replaced, discarded or abandoned tires. Each county solid waste authority is required to provide documentation which verifies that the most recent disbursement of funds received from the TREC fund were expended in accordance with the requirements contained in this subdivision and stating further the remaining balance, if any, of such funds previously received which may be carried over for use to the next fiscal year, and the number, volume and gross quantity of tires collected, prior to the disbursement of additional funds in the next succeeding fiscal year.'


NOTE: The purpose of this bill is to
amend the waste tire remediation environmental clean-up rules by providing that certain tire remediation revenues (i.e., funds received from the sale of waste tires deposited in the "TREC" Fund) are remitted to the county solid waste authorities on an annual basis, based on the population of each county to be used exclusively for the collection of waste tires in the county. The bill also requires each county solid waste authority to provide documentation verifying fund expenditures in accordance with it's authorized activities prior to the disbursement of additional revenues. Finally, it requires that the necessary documentation include the number of tires collected in the county since the funds were disbursed to the county solid waste authority, and what amount, if any, of remaining revenues exist and have been carried over to the next fiscal year.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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