Introduced Version
House Bill 4193 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 4193
(By Delegates Mahan and Barker)
[Introduced January 27, 2010; referred to the
Committee on Natural Resources then the Judiciary.]
[By Request of Environmental Protection]
A BILL to amend and reenact §22-12-9 of the Code of West Virginia,
1931, as amended, relating to the groundwater protection fund,
by eliminating the $1 million cap on fees that can be
collected and deposited into the fund; and by 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.