Senate Bill No. 649
(By Senators McCabe,
Facemyer, Bowman, Fanning, Helmick,
McKenzie, Minard, Minear, Plymale and Prezioso
[Originating in the Committee on Economic Development;
February 25, 2003.]
A BILL to amend and reenact
sections four and six, article twenty-
four, chapter seventeen
of the code of West Virginia, one
thousand nine hundred thirty-one, as amended;
and to amend
article fifteen-a, chapter thirty-one of said code by adding
thereto a new section, designated section seventeen-a, all
providing for the use of waste tire remediation
funds to finance infrastructure projects relating to waste
tire processing facilities which have a capital cost of not
less than three hundred million dollars.
Be it enacted by the Legislature of West Virginia:
sections four and six, article twenty-four, chapter
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended,
be amended and reenacted; and that article
fifteen-a, chapter thirty-one of said code be amended by adding
thereto a new section, designated section seventeen-a, all
to read as follows:
CHAPTER 17. ROADS AND HIGHWAYS.
ARTICLE 24. WASTE TIRE REMEDIATION.
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. The commissioner of the division of highways is hereby
authorized and empowered: (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 also have the following powers:
(1) To apply and carry out the provisions of this article and
the rules promulgated hereunder.
(2) To investigate, from time to time, the operation and
effect of this article and of the rules promulgated hereunder and
to report his or her findings and recommendations to the
Legislature and the governor.
(c) The provisions of articles two-a and four of this chapter and the policy, rules, practices and procedures thereunder shall be
followed by the commissioner in carrying out the purposes of this
(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
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 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 division of highways county headquarters as 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 calendar month. The commissioner may in
his discretion 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.
(h) The commissioner is authorized to pledge all or any
portion of the moneys appropriated, deposited or accrued in the A.
James Manchin fund created by section six, article twenty-four of
this chapter, to the payment of debt service, including the funding
of reasonable reserves, on bonds issued by the water development
authority pursuant to section seven-a, article fifteen-a, chapter
thirty-one of this code to finance infrastructure projects relating
to waste tire processing facilities located in this state:
Provided, That any such waste tire processing facility shall be
determined by the commissioner to be environmentally sound and of
benefit to state efforts to ensure the proper disposal of waste
tires in an environmentally conscious manner: Provided, however,
that such waste tire processing facility shall have a capital cost
of not less than three hundred million dollars.
Creation of the James A. Manchin fund; proceeds from sale
of waste tires; fee on issuance of certificate of title;
(a) There is hereby created in the state treasury a special
revenue fund known as the "A. James Manchin Fund". All moneys
appropriated, deposited or accrued in this fund shall be used
exclusively for remediation of waste tire piles as required by this
article for the tire disposal program established under section
four of this article or for the purposes of subsection (h), 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 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 and that all infrastructure bonds issued by the water development authority pursuant to section seventeen a,
article fifteen-a of chapter thirty-one of this code have been paid
in full or legally defeased.
(c) The joint committee on government operations shall,
pursuant to authority granted in article ten, 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 preliminary performance review, the committee shall follow the
guidelines established in this article. A preliminary review shall
be completed on or before the first day of January, two thousand
CHAPTER 31. CORPORATION.
WEST VIRGINIA INFRASTRUCTURE AND JOBS DEVELOPMENT
Infrastructure revenue bonds payable from A. James
Notwithstanding any other provision of this code to the
contrary, the water development authority may issue, in accordance
with the provision of section seventeen of this article,
infrastructure revenue bonds payable from the A. James Manchin fund
created by section six, article twenty-four, chapter seventeen of
this code and such other sources as may be legally pledged for such purposes other than the West Virginia infrastructure revenue debt
service fund created by section seventeen of this article.