H. B. 2880
(By Delegates Craig, Hrutkay and Mahan)
(Originating in the Committee on Finance)
A BILL to
amend and reenact section twenty, article seventeen,
chapter twenty-two of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the
underground storage tank program; increasing maximum amount
authorized for underground storage tank annual registration
fees; requiring the increase be implemented by emergency rule;
increasing cap amount for the fund; and altering requirements
for disposal of excess funds.
Be it enacted by the Legislature of West Virginia:
That section twenty, article seventeen, chapter twenty-two of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 17. UNDERGROUND STORAGE TANK ACT.
§22-17-20. Appropriation of funds; underground storage tank
(a) The director shall collect annual registration fees from owners of underground storage tanks. The registration fee
collected under this section shall not exceed
five dollars per tank per year. All such registration fees and the
net proceeds of all civil fines, civil penalties and forfeitures
collected under this article including accrued interest shall be
paid into the state treasury into a special fund designated "the
underground storage tank administrative fund" to be used to defray
the cost of administering this article in accordance with rules
promulgated pursuant to section six of this article. The secretary
shall promulgate an emergency rule in accordance with article
three, chapter twenty-nine-a of this code, implementing the
increase in registration fees. This fee of up to seventy-five
dollars is effective for the fiscal year ending the thirtieth day
of June, two thousand three.
(b) The total fee assessed shall be sufficient to assure a
balance in the fund
of not to exceed four seven hundred thousand
dollars at the beginning of each year.
(c) Any amount received pursuant to subsection (a) of this
section which exceeds the annual balance required in subsection (b)
of this section shall be deposited into the leaking underground
storage tank response fund established pursuant to this article to
be used for the purposes set forth therein.
(d) (c) The net proceeds of all fines, penalties and
forfeitures collected under this article shall be appropriated as
directed by article XII, section 5 of the constitution of West
Virginia. For the purposes of this section, the net proceeds of such fines, penalties and forfeitures are the proceeds remaining
after deducting therefrom those sums appropriated by the
Legislature for defraying the cost of administering this article.
In making the appropriation for defraying the cost of administering
this article, the Legislature shall first take into account the
sums included in such the special fund prior to deducting such
additional sums as may be needed from the civil fines, civil
penalties and forfeitures collected pursuant to this article. At
the end of each fiscal year any unexpended balance of such the
collected civil fines, civil penalties, forfeitures and
registration fees shall not be transferred to the general revenue
fund but shall remain in the fund.