H.
B.
4197
(By Delegates Mezzatesta, L. Williams, Collins,
Michael, Evans and Nicol)
[Introduced January 28, 1994; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article five-o, relating to the creation of a closure cost assistance fund for solid waste management facilities that cannot operate in an environmentally sound manner; authorizing the solid waste management board to administer the fund; and stating eligibility requirements for applicants to the fund.
Be it enacted by the Legislature of West Virginia:
That chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article five-o, to read as follows:
ARTICLE 5O.
SOLID WASTE LANDFILL CLOSURE ASSISTANCE PROGRAM.
§
20-5O-1.
Legislative findings and purpose.
The Legislature finds that:
Section five-a, article five-f of this chapter provides for the funding of the solid waste management board reserve fund for bond reserve in the amount of two hundred fifty thousand dollars and is part of the eight dollars and twenty-five cents a ton total fee submitted to the state tax department; section four, article five-n of this chapter provides for the collection of an assessment fee of three dollars and fifty cents a ton for the department of environmental protection closure assistance fund that is designed for the closure of certain facilities that cannot operate in an environmentally sound manner after the thirtieth day of September, one thousand nine hundred ninety-three; this fund is collected from revenue remitted to the state tax department and is a part of an assessment fee to fund the various programs pertaining to the management of solid waste; and that any funding from the closure assistance fund does not assist any permittees that remains open after the thirtieth day of September, one thousand nine hundred ninety-four and there is an immediate need for assistance to these types of facilities.
§
20-5O-2. Transfer of funds from closure cost assistance fund to
solid waste management reserve fund--for bond
reserve.
(a) The solid waste assessment fee collected pursuant and proceeds derived therefrom are hereby transferred to the solid waste management board reserve fund for bond reserve
: Provided,
That the reserve fund shall not exceed the sum of one million dollars and shall be used for the underwriting of loans and the issuance of bonds to qualifying permittees.
§
20
-
5O
-
3
.
Solid waste management board to administer reserve
fund.
The solid waste management board shall administer the reserve fund and determine the eligibility of applicants for assistance from the reserve fund. The eligibility requirements are as follows:
(1) Applicants shall be solid waste authorities, local or state government bodies that have solid waste management facilities;
(2) Applicants shall have an existing facility operating under an approved closure permit;
(3) Applicants may not have an existing facility that has applied for, or is receiving, funding under the environmental protection closure fund;
(4) Applicants may not have an existing facility that is out of compliance with its permits or consent orders;
(5) Applicants shall have an approved certificate of need for the facility;
(6) Applicants shall have a certificate of site approval;
(7) Applicants shall have an approved permit application for the proposed facility from the department of environmental protection; and
(8) Applicants shall have submitted and be recommended for approval of a bond-loan application, which stipulates the creation of a financial fund that will provide financing for a facility closure fund.
NOTE: The purpose of this bill is to create a closure cost assistance fund for solid waste management facilities that cannot operate in an environmentally sound manner. The bill authorizes the Solid Waste Management Board to administer the fund and states eligibility requirements for applicants to the fund.
Article 5O is new; therefore, strike-throughs and underscoring have been omitted.