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.