NO. 135. AN ACT RELATING TO ALLOCATION OF FUNDS FROM THE SOLID WASTE MANAGEMENT ASSISTANCE ACCOUNT OF THE WASTE MANAGEMENT ASSISTANCE FUND TO THE ENVIRONMENTAL CONTINGENCY FUND.
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 10 V.S.A. § 1283(b) is amended to read:
(b) Disbursements under this subsection may be made for emergency purposes or to respond to other than emergency situations; provided, however, that disbursements in response to an individual situation which is not an emergency situation shall not exceed $100,000.00 for costs attributable to each of the subdivisions of this subsection, unless the secretary has received the approval of the general assembly, or the joint fiscal committee, in case the general assembly is not in session. Furthermore, the balance in the fund shall not be drawn below the amount of $100,000.00, except in emergency situations. If the balance of the fund becomes insufficient to allow a proper response to one or more emergencies that have occurred, the secretary shall appear before the emergency board, as soon as possible, and shall request that necessary funds be provided. Within these limitations, disbursements from the fund may be made:
* * *
(7) to pay costs of management oversight provided by the state for investigation and cleanup efforts conducted by voluntary responsible parties where those responsible parties have contributed monies to the fund pursuant to a written agreement under subsection (f) of this section;
(8) to pay costs of emergency response operations and equipment in the spill response program;
(9) to pay costs of required capital contributions and operation and maintenance when the remedial or response action was taken pursuant to 42 U.S.C. § 9601 et seq.
Sec. 2. 10 V.S.A. § 6618 is amended to read:
§ 6618. WASTE MANAGEMENT ASSISTANCE FUND
(a) There is hereby created in the
state treasury a fund to be known as the waste management assistance fund, to
be expended by the secretary of the agency of natural resources. The fund
shall have two accounts: one for solid waste management assistance and one for
hazardous waste management assistance. The hazardous waste management
assistance account shall consist of a percentage of the tax on hazardous waste
under the provisions of 32 V.S.A. chapter 237, as established by the
secretary, the toxics use reduction fees under subsection 6628(j) of this
title, and appropriations of the general assembly. In no event shall the
amount of the hazardous waste tax which is deposited to the hazardous waste
management assistance account exceed 40 percent of the annual tax
receipts. The solid waste management assistance account shall consist of the
franchise tax on waste facilities assessed under the provisions of
chapter 151, subchapter 13 of chapter 151 of Title 32, and
appropriations of the general assembly. All balances in the fund accounts at
the end of any fiscal year shall be carried forward and remain a part of the
fund accounts, except as provided in subsection (e) of this section.
Interest earned by the fund shall be deposited into the appropriate fund
account. Disbursements from the fund accounts shall be made by the state
treasurer on warrants drawn by the commissioner of finance and management.
(b) The secretary may authorize disbursements from the solid waste management assistance account for the purpose of enhancing solid waste management in the state in accordance with the adopted waste management plan. This includes:
* * *
the costs of assessing existing landfills, and eligible costs for closure and
any necessary steps to protect public health at landfills
certified or operating
after December 31, 1979 and before January 1, 1987, provided those costs
are the responsibility of the municipality or solid waste management district
requesting assistance. The secretary of natural resources shall adopt by
procedure technical and financial criteria for disbursements of funds under
* * *
(9) the secretary shall annually allocate 17 percent of the receipts of this account, based on the projected revenue for that year, for implementation of the plan adopted pursuant to section 6604 of this title and solid waste implementation plans adopted pursuant to section 2202a of Title 24.
* * *
(e) The secretary may allocate funds at the end of the fiscal year from the solid waste management assistance account to the fund, established pursuant to section 1283 of this title, upon a determination that the funds available in the environmental contingency fund are insufficient to meet the state’s obligations pursuant to subdivision 1283(b)(9) of this title. Any expenditure of funds transferred shall be restricted to funding the activities specified in subdivision 1283(b)(9) of this title. In no case shall the unencumbered balance of the solid waste account following the transfer authorized under this subsection be less than $300,000.00.
Sec. 3. ENVIRONMENTAL CONTINGENCY FUND REVENUE
On or before January 15, 2007, the report required under 10 V.S.A. § 1283(e) from the secretary of natural resources on the condition of the environmental contingency fund shall include a recommendation of potential funding mechanisms to assure the long-term health of the environmental contingency fund.
Sec. 4. SUNSET
10 V.S.A. §§ 1283(b)(9) and 6618(b)(9) and (e) (transfer of solid waste management account funds to the environmental contingency fund) are repealed January 16, 2011.
Approved: May 6, 2006
The Vermont General Assembly
115 State Street