H. B. 4351
(By Delegates Beane, Ennis, Iaquinta, Manchin,
Manuel, Yost and Leggett)
(Originating in the Committee on Government Organization)
[February 6, 2004]
A BILL to amend and reenact §17-24-6 of the code of West Virginia,
1931, as amended; and to amend said code by adding thereto a
new section, designated §17-24-10, all relating to
continuation of the waste tire remediation program.
Be it enacted by the Legislature of West Virginia:
That §17-24-6 of the code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be amended by adding
thereto a new section, designated §17-24-10, all to read as
follows:
ARTICLE 24. WASTE TIRE REMEDIATION.
§17-24-6. Creation of the A. James Manchin fund; proceeds from
sale of waste tires; fee on issuance of certificate
of title
; performance review.
(a) There is hereby created 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
four of this article or for the purposes of subsection (h), section
four of this article or for the purposes of subsection (c), section
five of this article. The fund shall consist of the proceeds from
the sale of waste tires; fees collected by the division of motor
vehicles as provided for 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 balance remaining in the
fund at the end of any state fiscal year shall not revert to the
state treasury, but shall remain in this fund and be used only in
a manner consistent with the requirements of this article.
(b) No further collections or deposits shall be made after the
commissioner 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 June, 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 of chapter thirty-one of this code have been paid
in full or legally defeased.
(c) The joint committee on government operations shall,
pursuant to authority granted in article ten, chapter four of this code, conduct a preliminary performance review of the division's
compliance with the waste tire remediation mandated in this
article; whether the purposes of this article have been met; and
whether it is appropriate to terminate this program. In conducting
such preliminary performance review, the committee shall follow the
guidelines established in this article. A preliminary review shall
be completed on or before the first day of January, two thousand
four.
§17-24-10. Continuation of waste tire remediation program.
The waste tire remediation program shall continue to exist,
pursuant to the provisions of article ten, chapter four of this
code, until the first day of July, two thousand six, unless sooner
terminated, continued or reestablished pursuant to the provisions
of that article.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Section ten is new, therefore strike-through and underscoring
have been omitted.