H. B. 2560

(By Delegate Petersen)
[Introduced March 11, 1993; referred to the
Committee on Agriculture and Natural Resources
then Finance.]

A BILL to amend article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty- three-e, relating to assessing a tax on whitewater rafting customers to be used for pollution control in the New River Gorge National River and the Gauley River recreation areas.

Be it enacted by the Legislature of West Virginia:
That article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twenty-three-e, to read as follows:

ARTICLE 2. WILDLIFE RESOURCES.

§20-2-23e. New River National River clean water act; findings; whitewater rafting customer tax; special fund; use.

(a) The Legislature finds that a federal park called the NewRiver Gorge National River and Gauley River national recreation areas are both located in West Virginia; that a number of streams feed into the New River Gorge National River and Gauley River national recreation areas that have an unacceptably high coliform count indicating pollution from sewage; that commercial rafting companies use the New River Gorge national recreation area and Gauley River national recreation area and have a vested economic interest in keeping the New River and Gauley River and the streams that feed into the New River Gorge national recreation area and Gauley River national recreation area clear of pollution; that these commercial rafting companies are West Virginia businesses operating in West Virginia; and that much of the sewage pollution comes from private households of limited economic means.
(b) There is hereby imposed on every whitewater rafting customer a tax of one dollar seventy-five cents per customer per trip to be collected by the rafting company and paid to the tax commissioner who shall deposit all sums in a special revenue account which is hereby created, to be administered by the division of environmental protection.
(c) The tax and account are to assist homeowners in reducing their sewage pollution of streams entering into the New River Gorge National River and Gauley River national recreation areas, and, Dunlop Creek, Keeney Creek and Wolf Creek shall receive first priority in the use of this fund until these creeks reach acceptable sewage pollution levels.
(d) The division of natural resources is encouraged to combine these funds with other state funds to make up the state match for any available federal sewer funds.
(e) When individual homeowner assistance is offered for individual septic tanks, that assistance provided may reach eighty percent of the cost up to a maximum of four thousand dollars per household to be offered to the household as a tax credit.
(f) The division of natural resources may hold over moneys in the fund, from one fiscal year to another, when doing so will aid in providing pollution control.

NOTE: The purpose of this bill is to impose a tax of $1.75 per customer per trip on each commercial rafting customer to control sewage pollution from private households into the streams that feed into the New River Gorge National River and Gauley River national recreation areas.

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