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H.791

Introduced by   Representative Masland of Thetford

Referred to Committee on

Date:

Subject:  Conservation; solid waste; environmental contingency fund; waste management assistance fund

Statement of purpose:  This bill proposes to authorize the secretary of natural resources to allocate funds at the end of the fiscal year from the solid waste management assistance account of the waste management assistance fund to the environmental contingency fund upon a determination that the funds available in the environmental contingency fund are insufficient to meet the state’s obligations.  The bill would also propose to allow disbursement from the environmental contingency fund to pay the costs of state remedial or response actions taken pursuant to the requirements of the federal Resource Conservation and Recovery Act.

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:

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(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 operation and maintenance when the remedial or response action was taken pursuant to 42 U.S.C. § 6901 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 32 V.S.A. 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.

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(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 1263(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.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us