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ENROLLED
H. B. 4521
(By Delegates Mahan, Craig,
Michael and Amores)
[Passed March 13, 2004; in effect from passage.]
AN ACT to amend and reenact §22-17-20 of the code of West Virginia,
1931, as amended, relating to the underground storage tank
act; increasing the annual registration fee; requiring
emergency rule; increasing cap amount for underground storage
tank fund; 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 secretary shall collect annual registration fees from
owners of underground storage tanks. The registration fee
collected under this section shall not exceed 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 revenue 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 not to exceed five 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 for expenditure of moneys in the
fund.
(d) 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 from the proceeds 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 the special fund prior to deducting 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 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.
(e) 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, the registration fees or forfeitures
collected and any fines and penalties assessed pursuant to this
article, the amount of net proceeds of fines, penalties and
forfeitures paid into the fund and information as to the progress
of the underground storage tank program in the protection of human
health and the environment.