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Introduced Version Senate Bill 370 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 370

(By Senators McCabe, Green and Foster)

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[Introduced January 28, 2010; referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.]

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A BILL to amend and reenact §22-12-9 of the Code of West Virginia, 1931, as amended, relating to the Groundwater Protection Fund; eliminating the $1 million cap on fees that can be collected and deposited into the fund; and correcting antiquated language throughout.

Be it enacted by the Legislature of West Virginia:
That §22-12-9 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 12. GROUNDWATER PROTECTION ACT.

§22-12-9. Groundwater protection fees authorized; director secretary to promulgate rules; dedication of fee proceeds; groundwater protection fund established; groundwater remediation fund established.

(a) The director Secretary of the division Department of Environmental Protection shall promulgate propose legislative rules in accordance with the provisions of chapter twenty-nine-a of this code establishing a schedule of groundwater protection fees applicable to persons who own or operate facilities or conduct activities subject to the provisions of this article. The schedule of fees shall be calculated by the director secretary to recover the reasonable and necessary costs of implementing the provisions of this article as it relates to a particular facility or activity. In addition, the fee may include an appropriate assessment of other program costs not otherwise attributable to any particular facility or activity. Such The fees in the aggregate shall not exceed one million dollars per year and shall be deposited into the groundwater protection fund established pursuant to this article: Provided, That any unexpended unspent balance in the Groundwater Protection Fund at the end of each fiscal year may, by an act of the Legislature, be transferred to the Groundwater Remediation Fund created by this article: Provided, however, That if no action is taken to transfer the unexpended unspent balance to the remediation fund, such the moneys shall may not be transferred to the General Revenue Fund, but shall remain in the Groundwater Protection Fund. Such The fees imposed by this section are in addition to all other fees and taxes levied by law. The director secretary shall require such fees to be paid at the time of certification pursuant to section eight of this article, or at such more frequent time as the director secretary may deem to be appropriate. The director secretary may withhold certification pursuant to section eight of this article where such the fees have not been timely paid.
(b) The director secretary of the division Department of Environmental Protection shall also promulgate propose legislative rules in accordance with the provisions of chapter twenty-nine-a of this code establishing a schedule of groundwater remediation fees which in the aggregate shall may not exceed $250,000. Such The groundwater remediation fees shall be assessed over a time period not to exceed two years from the effective date of such the rules and shall be deposited into the Groundwater Remediation Fund established pursuant to this article. Such fees shall be assessed against persons who own or operate facilities or conduct activities subject to the provisions of this article in proportion to the groundwater protection fees assessed pursuant to subsection (a) of this section for the year in which such the groundwater remediation fees, or any portion thereof of those fees, are assessed.
(c) The following two special revenue accounts are continued in the State Treasury:
(1) The "Groundwater Protection Fund", the moneys of which shall be expended spent by the director secretary in the administration, certification, enforcement, inspection, monitoring, planning, research and other activities of the environmental quality board, division Department of Environmental Protection, Bureau of Public Health and Department of Agriculture in accordance with legislative rules promulgated pursuant to the provisions of chapter twenty-nine-a of this code. The moneys, including the interest thereon on those moneys, in said the fund shall be kept and maintained by the director secretary and expended spent without appropriation by the Legislature for the purpose of implementing the provisions of this article. The director secretary may withhold the payment of any such of those moneys to any agency whose groundwater protection program has been determined by the director secretary, in consultation with the groundwater coordinating committee, not to be sufficient to satisfy the requirements of this article and where such the agency has failed to adequately address such that determination within the time period specified by the director secretary. At the end of each fiscal year, any unexpended unspent balance of said the fund may not be transferred to the General Revenue Fund, but shall remain in the Groundwater Protection Fund.
(2) The "Groundwater Remediation Fund", the moneys of which, to the extent that moneys are available, shall be expended spent by the director secretary for the purposes of investigation, clean-up and remedial action intended to identify, minimize or mitigate damage to the environment, natural resources, public and private water supplies, surface waters and groundwaters and the public health, safety and general welfare which may result from contamination of groundwater or the related environment. The director secretary or other authorized agency officials are authorized to recover through civil action or cooperative agreements with responsible persons the full amount of any and all groundwater remediation fund moneys expended spent pursuant to this article. All moneys expended spent from such the fund which are so recovered shall be deposited in such the fund. The director secretary may expend spend moneys from said the fund and the interest thereon on the fund without necessity of appropriation by the Legislature. All civil penalties and assessments of civil administrative penalties collected pursuant to this article shall be deposited into the said fund. In addition, said the fund may receive proceeds from any gifts, grants, contributions or other moneys accruing to the state which are specifically designated for inclusion in the fund.


NOTE: The purpose of this bill is to eliminate the $1 million cap on fees that can be collected and deposited into the Groundwater Protection Fund.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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