Senate Bill No. 193
(By Senators Craigo, Sharpe, Plymale, Love, Helmick,
Bowman, Edgell, Unger, Sprouse, McCabe, Rowe, Mitchell, Ross,
Hunter, Minear, Fanning, Prezioso, Snyder, Caldwell and Kessler)
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[Introduced January 14, 2002; referred to the Committee
on Transportation; and then to the Committee on Finance.]
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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.
NOTE: The purpose of this bill is to empower and authorize
the department of highways to pay West Virginia citizens and
businesses for waste tires under the tire disposal program.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.