Senate Bill No. 357
(By Senators McCabe, Green and Foster)
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[Introduced January 27, 2010; referred to the Committee on
Finance.]
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A BILL to amend and reenact §22-18-22 of the Code of West Virginia,
1931, as amended, relating to the Hazardous Waste Management
Fund; and extending the sunset provision therein from June 30,
2010, to June 30, 2015.
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
Fund.
(a) The net proceeds of all fines, penalties and forfeitures
collected under this article shall be appropriated as directed by
section five, article XII of the Constitution of West Virginia.
For the purposes of this section, the net proceeds of the fines,
penalties and forfeitures shall be are 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
article.
(b) Effective on July 1, 2003, 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 shall be set by legislative rule promulgated
proposed 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 $700,000
(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 continued. Moneys of
the fund, together with any interest or other return earned thereon
on the fund, shall be expended to meet the matching requirements of
federal grant programs which support the hazardous waste management
program. Expenditures from the fund are 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. 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 ten June 30,
2015. The department shall, by December 31 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.
NOTE: The purpose of this bill is to continue the current hazardous waste management fee until 2015.
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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