Senate Bill No. 519
(By Senators Fanning, Foster, Kessler, Prezioso,
Plymale, Wells, White and Unger)
[Originating in the Committee on Government Organization;
reported February 15, 2008.]
A BILL to amend and reenact §22-18-22 of the Code of West Virginia,
1931, as amended, relating to extending the sunset provision
for the Hazardous Waste Management Fee Fund to the thirtieth
day of June, two thousand ten.
Be it enacted by the Legislature of West Virginia:
That §22-18-22 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 18. HAZARDOUS WASTE MANAGEMENT ACT.
§22-18-22. Appropriation of funds; Hazardous Waste Management
(a) The net proceeds of all fines, penalties and forfeitures
collected under this article shall be appropriated as directed by
article XII, section five of the Constitution of West Virginia. For the purposes of this section, the net proceeds of the fines,
penalties and forfeitures shall be considered the proceeds
remaining after deducting therefrom those sums appropriated by the
Legislature for defraying the cost of administering this article.
All permit application fees collected under this article shall be
paid into the State Treasury into a special fund designated the
Hazardous Waste Management Fund. In making the appropriation for
defraying the cost of administering this article, the Legislature
shall first take into account the sums included in that special
fund prior to deducting additional sums as may be needed from the
fines, penalties and forfeitures collected pursuant to this
(b) Effective on the first day of July, two thousand three,
and for the next two fiscal years, there is imposed an annual
certification fee for facilities that manage hazardous waste, as
defined by the federal Resource Conservation and Recovery Act, as
amended. The fee will be set by rule promulgated by the secretary
in accordance with the provisions of article three, chapter
twenty-nine-a of this code. The rule shall be a product of a
negotiated rule-making process with the facilities subject to the
rule. The rule shall, at a minimum, establish different fee rates
for facilities based on criteria established in the rule. The
total amount of fees generated shall raise no more funds than are
necessary and adequate to meet the matching requirements for all
federal grants which support the hazardous waste management
program, but shall not exceed seven hundred thousand dollars per year.
(c) The revenues collected from the annual certification fee
shall be deposited in the State Treasury to the credit of the
Hazardous Waste Management Fee Fund, which is hereby established.
Moneys of the fund, together with any interest or other return
earned thereon, shall be expended to meet the matching requirements
of federal grant programs which support the hazardous waste
management program. Expenditures from the fund
shall be are
the purposes set forth in this article and are not authorized from
collections, but are to be made only in accordance with
appropriation by the Legislature and in accordance with the
provisions of article three, chapter twelve of this code and upon
the fulfillment of the provisions set forth in article two, chapter
five-a of this code.
Provided, That for the fiscal year ending the
thirtieth day of June, two thousand four, expenditures are
authorized from collections rather than pursuant to an
appropriation by the Legislature.
Amounts collected which are
found, from time to time, to exceed the funds needed for purposes
set forth in this article may be transferred to other accounts by
appropriation of the Legislature.
(d) The fee provided for in subsection (b) of this section and
the fund established in subsection (c) of this section shall
terminate on the thirtieth day of June, two thousand
shall, by the thirty-first day of December
of each year, report to the Joint Committee on Government and
Finance regarding moneys collected into the Hazardous Waste Management Fee Fund and expenditures by the agency, including any
federal matching moneys received and providing an accounting on the
collection of the fee by type of permit activity, funds being
expended and current and future projected balances of the fund.