ENGROSSED

Senate Bill No. 715

(By Senators Craigo, Sharpe, Plymale, Love, Helmick, Bowman, Edgell, Unger and Sprouse)

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[Originating in the Committee on Finance;


reported March 30, 2001.]

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A BILL to amend and reenact sections four, five and six, article twenty-four, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to allowing the division of highways to use funds from the tire remediation/environmental cleanup fund for fees to pay persons who turn in waste tires under the tire disposal program; allowing the funds to be used to pay waste tire processing facilities to accept waste tires; requiring the commissioner to establish a tire disposal program; authorizing the commissioner to pay a fee for tires; authorizing the division to pay waste tire processing facilities to accept tires; and authorizing the use of the tire remediation/environmental cleanup fund for the tire disposal program.

Be it enacted by the Legislature of West Virginia:
That sections four, five and six, article twenty-four, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
 ARTICLE 24. WASTE TIRE REMEDIATION.
§17-24-4. Division of highways to administer funds for waste tire remediation; rules authorized; duties of commissioner.

(a) The division of highways shall administer all funds made available to the division for remediation of waste tire piles, and for the proper disposal of waste tires removed from waste tire piles, for the fees to pay West Virginia residents and businesses for waste tires under the tire disposal program and to pay waste tire monofill, waste tire processing facility or business authorized by the division of environmental protection to accept, store, use or process waste tires to accept waste tires. The commissioner of the division of highways is hereby authorized and empowered may: (i) To Propose for legislative promulgation, in accordance with article three, chapter twenty-nine-a of this code, emergency and legislative rules necessary to implement the provisions of this article; and (ii) to administer all funds appropriated by the Legislature to carry out the requirements of this article and any other funds from whatever source, including, but not limited to, federal, state or private grants.
(b) The commissioner shall may also have the following powers:
(1) To Apply and carry out the provisions of this article and the rules promulgated hereunder under this article; and
(2) To Investigate from time to time the operation and effect of this article and of the rules promulgated hereunder under this article and to report his or her findings and recommendations to the Legislature and the governor.
(c) The provisions of articles two-a and four, chapter seventeen of this code and the policy, rules, practices and procedures thereunder shall be followed by the commissioner in carrying out the purposes of this article.
(d) On or before the first day of June, two thousand one, the commissioner shall determine the location, approximate size and potential risk to the public of all waste tire piles in the state and establish, in descending order, a waste tire remediation list.
(e) The commissioner may contract with the department of health and human resources and/or the division of corrections to remediate or assist in remediation of waste tire piles throughout the state. Utilization of available department of health and human resources and the division of corrections work programs shall be given priority status in the contract process so long as such the programs prove a cost-effective method of remediating waste tire piles.
(f) Waste tire remediation shall be stopped and the division of environmental protection notified upon the discovery of any potentially hazardous material at a remediation site. The division of environmental protection shall respond to the notification in accordance with the provisions of article eighteen, chapter twenty-two of this code.
(g) The commissioner is authorized to shall establish a tire disposal program within the division to provide for a cost- effective and efficient method to accept passenger car and light truck waste tires at such those division of highways county headquarters as that have sufficient space for temporary storage of waste tires and personnel to accept and handle waste tires. The commissioner may pay a fee for each tire an individual West Virginia resident or West Virginia business brings to the division. The commissioner may establish a limit on the number of tires an individual or business may be paid for during any calender month. The commissioner may in his discretion shall authorize commercial businesses to participate in the collection program: Provided, That no person or business who has a waste tire pile subject to remediation under this article may participate in this program.
§17-24-5. Disposal of waste tires.
(a) The division may sell waste tires collected during remediation of waste tire piles at public auction or to a waste tire monofill, waste tire processing facility or business authorized by the division of environmental protection to accept, store, use or process waste tires.
(b) If there is no market in West Virginia for the sale of waste tires the division may sell them at any available market.
(c) If there is no market for the sale of waste tires the division may pay a waste tire monofill, waste tire processing facility or business authorized by the division of environmental protection to accept, store, use or process waste tires to take them.
(c)(d) If there is no market for the sale of waste tires or the division is unable to dispose of them under subsection (c) of this section, the division may dispose of them in any lawful manner.
§17-24-6. Creation of tire remediation environmental cleanup fund; proceeds from sale of waste tires; fee on issuance of certificate of title; performance review.

(a) There is hereby created in the state treasury a special revenue fund known as the "Tire Remediation/Environmental Cleanup Fund". All moneys appropriated, deposited or accrued in this fund shall be used exclusively for remediation of waste tire piles as required by article twenty-four, chapter seventeen of this code for the tire disposal program established under section four of this article or for the purposes of subsection (c), section five of this article. The fund shall consist of the proceeds from the sale of waste tires; fees collected by the division of motor vehicles as provided for in section sixteen, article ten, chapter seventeen-a of this code; any federal, state or private grants; legislative appropriations; loans; and any other funding source available for waste tire remediation. Any balance remaining in the fund at the end of any state fiscal year shall not revert to the state treasury but shall remain in this fund and be used only in a manner consistent with the requirements of article twenty-four, chapter seventeen of this code and this article.
(b) No further collections or deposits shall be made after the commissioner certifies to the governor and the Legislature that the remediation of all waste tire piles that were determined by the commissioner to exist on the first day of June, two thousand one, has been completed.
(c) The joint committee on government operations shall, pursuant to authority granted in article ten of chapter four of this code, conduct a preliminary performance review of the division's compliance with the waste tire remediation mandated in this article; whether the purposes of this article have been met; and whether it is appropriate to terminate this program. In conducting such the preliminary performance review, the committee shall follow the guidelines established in article ten, section ten, chapter four of this code. A preliminary review shall be completed on or before the first day of January, two thousand three.