Section 22-30B-2.1 Annual payments to counties; guaranteed amount; distribution of funds.
Section 22-30B-2.1
Annual payments to counties; guaranteed amount; distribution of funds.
(a) There is hereby provided to all counties having less than 25,000 population and wherein on April 17, 1990, a commercial site for the disposal of hazardous waste or hazardous substances is located, an annual payment of two and one-half percent of the gross receipts generated by Section 22-30B-2(a) and the receipts generated from the increase in fees under Section 22-30B-2(c) as provided herein over those fees in existence on October 1, 1989.
(b) Any county identified in subsection (a) is hereby guaranteed an amount not to exceed the lesser of $4,200,000.00 or 100 percent of the receipts to the state paid on wastes or substances disposed of in the county. In determining whether a county is entitled to receive benefit of all or any portion of the guarantee herein made, there shall be charged against such county all receipts which it receives pursuant to this chapter and Alabama Act 83-480, 1983 Regular Session, or other applicable local act.
(c) Determination of entitlement to the guarantee shall be made quarterly by the Governor or his or her designee not later than 45 days following the end of each quarter of the state's fiscal year. Such a determination shall be the difference in those fees payable to the county under this chapter and Alabama Act 83-480 and any other applicable local act for the three-month period ending the previous quarter as compared to the applicable guarantee amount of $1,050,000.00 per quarter.
(d) In the event the guarantee provided in subsection (b) is required to be exercised, the Department of Revenue shall, within 10 days of notification from the Governor or his or her designee, certify to the State Finance Director that an appropriate amount as determined in subsection (c) from the first receipts generated by Act 90-326 in each quarter of the fiscal year shall be paid to the appropriate county commission. The State Finance Director is hereby authorized to cause to be paid from current state revenues generated by Act 90-326, an amount which shall be paid as a reduction of current fiscal year revenues to the state, which payment shall not in any event exceed an amount equal to the total current fiscal year revenues generated by Act 90-326 and paid into the State Treasury. The county commission shall, within 10 days of receipt of the funds, disburse the funds according to Alabama Act 83-480 or other applicable general or local laws.
(e) In the event that, receipts to any county do not reach $4,200,000.00 and such receipts are supplemented by revenue which would have accrued to the State General Fund in order to reach the guaranteed level of $4,200,000.00, the county, beginning October 1, 1992, shall reimburse the State General Fund for any such revenue received by the county in those fiscal years in which the receipts to that county exceed $4,200,000.00 by the amount that such receipts exceed $4,200,000.00 until the State General Fund shall have been reimbursed in full.
(f) Notwithstanding any provision of law to the contrary, revenues generated pursuant to Section 22-30B-2(c)(4) after May 1, 2006, from the state fees on the disposal of emission control dust/sludge from the primary production of steel in electric arc furnaces (K061) and any hazardous waste that is de-characterized and rendered non-hazardous at commercial hazardous waste disposal facilities shall be distributed as follows:
(1) One-half to all counties having a commercial site for the disposal of hazardous waste or hazardous substances on or after May 1, 2006.
(2) One-half shall be distributed to the State General Fund with the first four hundred thousand dollars ($400,000) each year earmarked for appropriation to the Department of Environmental Management. It is the intent of the Legislature that funding for the department provided in this subdivision be additional funding and shall not reduce any other appropriations from the State General Fund.
(Acts 1990, No. 90-326, p. 448, §7; Acts 1992, 2nd Ex. Sess., No. 92-658, p. 32, §2; Act 2006-306, p. 644, §1.)