A BILL to amend and reenact sections four and six, article twenty- four, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend article fifteen-a, chapter thirty-one of said code by adding thereto a new section, designated section seventeen-a, all relating to providing for the use of waste tire remediation funds to finance infrastructure projects relating to waste tire processing facilities which have a capital cost of not less than three hundred million dollars.

Be it enacted by the Legislature of West Virginia:
That

ARTICLE 24. WASTE TIRE REMEDIATION.
§17-24-4.

Division of highways to administer funds for waste tire remediation; rules authorized; duties of commissioner.

(a) The division of highways shall administer all funds made available to the division for remediation of waste tire piles and for the proper disposal of waste tires removed from waste tire piles. The commissioner of the division of highways is hereby authorized and empowered: (i) To propose for legislative promulgation in accordance with article three, chapter twenty-nine- a of this code emergency and legislative rules necessary to implement the provisions of this article; and (ii) to administer all funds appropriated by the Legislature to carry out the requirements of this article and any other funds from whatever source, including, but not limited to, federal, state or private grants. (b) The commissioner shall also have the following powers: (1) To apply and carry out the provisions of this article and the rules promulgated hereunder. (2) To investigate, from time to time, the operation and effect of this article and of the rules promulgated hereunder and to report his or her findings and recommendations to the Legislature and the governor. (c) The provisions of articles two-a and four of this chapter and the policy, rules, practices and procedures thereunder shall be followed by the commissioner in carrying out the purposes of this article. (d) On or before the first day of June, two thousand one, the commissioner shall determine the location, approximate size and potential risk to the public of all waste tire piles in the state and establish, in descending order, a waste tire remediation list. (e) The commissioner may contract with the department of health and human resources and/or the division of corrections to remediate or assist in remediation of waste tire piles throughout the state. Utilization of available department of health and human resources and the division of corrections work programs shall be given priority status in the contract process so long as such programs prove a cost-effective method of remediating waste tire piles. (f) Waste tire remediation shall be stopped and the division of environmental protection notified upon the discovery of any potentially hazardous material at a remediation site. The division of environmental protection shall respond to the notification in accordance with the provisions of article eighteen, chapter twenty- two of this code. (g) The commissioner is authorized to establish a tire disposal program within the division to provide for a cost effective and efficient method to accept passenger car and light truck waste tires at such division of highways county headquarters as have sufficient space for temporary storage of waste tires and personnel to accept and handle waste tires. The commissioner may pay a fee for each tire an individual West Virginia resident or West Virginia business brings to the division. The commissioner may establish a limit on the number of tires an individual or business may be paid for during any calendar month. The commissioner may in his discretion authorize commercial businesses to participate in the collection program: Provided, That no person or business who has a waste tire pile subject to remediation under this article may participate in this program. (h) The commissioner is authorized to pledge all or any portion of the moneys appropriated, deposited or accrued in the A. James Manchin fund created by section six, article twenty-four of this chapter, to the payment of debt service, including the funding of reasonable reserves, on bonds issued by the water development authority pursuant to section seven-a, article fifteen-a, chapter thirty-one of this code to finance infrastructure projects relating to waste tire processing facilities located in this state: Provided, That any such waste tire processing facility shall be determined by the commissioner to be environmentally sound and of benefit to state efforts to ensure the proper disposal of waste tires in an environmentally conscious manner: Provided, however, that such waste tire processing facility shall have a capital cost of not less than three hundred million dollars.
§17-24-6.

Creation of the James A. 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.
CHAPTER 31. CORPORATION.
ARTICLE 15A.

WEST VIRGINIA INFRASTRUCTURE AND JOBS DEVELOPMENT COUNCIL.

§31-15A-17a.

Infrastructure revenue bonds payable from A. James Manchin fund.

Notwithstanding any other provision of this code to the contrary, the water development authority may issue, in accordance with the provision of section seventeen of this article, infrastructure revenue bonds payable from the A. James Manchin fund created by section six, article twenty-four, chapter seventeen of this code and such other sources as may be legally pledged for such purposes other than the West Virginia infrastructure revenue debt service fund created by section seventeen of this article.