H. B. 4521
(By Delegates Mahan, Craig,
Michael and Amores)
[Introduced
February 18, 2004
; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §22-17-20 of the code of West Virginia,
1931, as amended, relating to increasing the annual
underground storage tank fee; requiring emergency rule;
increasing cap amount for underground storage tank fund;
changing requirements for disbursal of excess funds; and
requiring annual report to the joint committee on government
and finance.
Be it enacted by the Legislature of West Virginia:
That §22-17-20 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 17. UNDERGROUND STORAGE TANK ACT.
§22-17-20. Appropriation of funds; underground storage tank
administrative fund.
(a) The director secretary shall collect annual registration
fees from owners of underground storage tanks. The registration fee collected under this section shall not exceed twenty-five
sixty-five dollars per tank per year. All such registration fees
and the net proceeds of all fines, penalties and forfeitures
collected under this article including accrued interest shall be
paid into the state treasury into a special fund designated "the
underground storage tank administrative fund" to be used to defray
the cost of administering this article in accordance with rules
promulgated pursuant to section six of this article. The secretary
shall promulgate an emergency rule in accordance with article
three, chapter twenty-nine-a of this code, implementing the
increase in registration fees. This fee of up to sixty-five
dollars is effective for the fiscal year ending the thirtieth day
of June, two thousand four.
(b) The total fee assessed shall be sufficient to assure a
balance in the fund of not to exceed four seven hundred thousand
dollars at the beginning of each year.
(c) Any amount received pursuant to subsection (a) of this
section which exceeds the annual balance required in subsection (b)
of this section shall be deposited into the leaking underground
storage tank response fund established pursuant to this article to
be used for the purposes set forth therein.
(d) (c) 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 fines, penalties and forfeitures are the proceeds remaining
after deducting therefrom those sums appropriated by the
Legislature for defraying the cost of administering this article.
In making the appropriation for defraying the cost of administering
this article, the Legislature shall first take into account the
sums included in such the special fund prior to deducting such
additional sums as may be needed from the civil fines, civil
penalties and forfeitures collected pursuant to this article. At
the end of each fiscal year any unexpended balance of such the
collected civil fines, civil penalties, forfeitures and
registration fees shall not be transferred to the general revenue
fund but shall remain in the fund.
(d) The secretary shall submit an annual report to the joint
committee on government and finance on or before the first day of
January each year providing information as to the status of the
underground storage tank fund and the registration fees collected
pursuant to this article, and providing information as to the
progress of the underground storage tank program in the protection
of human health and the environment.
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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