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Introduced Version Senate Bill 605 History

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Key: Green = existing Code. Red = new code to be enacted


Senate Bill No. 605

(By Senators Wooton, Redd, Burnette, Mitchell, Rowe, Hunter and Snyder)

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[Introduced February 15, 2002; 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 section twenty-two, article eighteen, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the certification fee for hazardous waste generators; authorizing the fee to be set by legislative rule; setting forth fee requirements; and authorizing first-year expenditures.

Be it enacted by the Legislature of West Virginia:
That section twenty-two, article eighteen, 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 18. HAZARDOUS WASTE MANAGEMENT ACT.
§22-18-22. Appropriation of funds; hazardous waste management fund.

(a) 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 the fines, penalties and forfeitures shall be deemed 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 such that special fund prior to deducting such additional sums as may be needed from the fines, penalties and forfeitures collected pursuant to this article.
(b) Effective on the first day of January, two thousand three, and each year after, there is imposed an annual certification fee for all generators of hazardous waste, as defined by the federal Resource Conservation and Recovery Act, as amended. The fee will be set by rule promulgated in accordance with the provisions of article three, chapter twenty-nine-a of this code. The rules established shall, at a minimum, set different fee rates for large and small quantity generators of hazardous waste. The total amount of fees generated must, at a minimum, be adequate to meet the matching requirements for all federal grants which support the hazardous waste management program.
(c) The revenues collected from the annual certification fee shall be deposited in the state treasury to the credit of the "Hazardous Waste Management Fund," established in this section. In addition to the annual certification fee, all civil assessments, fines, penalties and forfeitures, imposed pursuant to the authority of this article along with any other moneys, designated from whatever source derived may be deposited into the fund. The secretary is authorized to invest the fund to earn a reasonable rate of return on the unexpended balance. The fund shall be an interest bearing account and any interest accruing on investments and unexpended moneys in the fund shall be credited to the fund. Expenditures from the fund shall be for 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.



NOTE: The purpose of this bill is to authorize a
hazardous waste generator fee to raise sufficient funds to meet the federal matching fund requirements of the hazardous waste program .

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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