§22-15A-9. Creation of the A. James Manchin Fund; proceeds from
sale of waste tires; fee on issuance of certificate
of title.
(a) There is continued 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 ten of this
article or for the purposes of subsection (h), section ten of this
article or for the purposes of subsection (c), section eleven of
this article. The Commissioner of the Division of Highways shall
work with and may use moneys in the fund to contract with the
Secretary of the Department of Environmental Protection to
accomplish the remediation of waste tire piles. The Fund consists
of the proceeds from the sale of waste tires; fees collected by the
Division of Motor Vehicles as provided 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
unprogrammed balance remaining in the Fund at the end of any state
fiscal year shall be transferred to the State Road Fund.
(b) No further collections or deposits shall be made after the
Commissioner of the Division of Highways 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 July, 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, chapter
thirty-one of this code have been paid in full or legally defeased.
(c) If infrastructure bonds are not issued by the Water
Development Authority pursuant to section seventeen-a, article
fifteen-a, chapter thirty-one of this code to finance
infrastructure projects relating to waste tire processing
facilities located in this state on or before the thirty-first day
of December, two thousand six, all further collections and deposits
to the A. James Manchin Fund which are not programmed for
remediation or disposal shall be transferred to the state road fund
at the end of each fiscal year.