§128D-2 - Environmental response revolving fund; uses.
§128D-2 Environmental response revolving fund; uses. (a) There is created within the state treasury an environmental response revolving fund, which shall consist of moneys appropriated to the fund by the legislature, moneys paid to the fund as a result of departmental compliance proceedings, moneys paid to the fund pursuant to court-ordered awards or judgments, moneys paid to the fund in court-approved or out-of-court settlements, all interest attributable to investment of money deposited in the fund, moneys generated by the environmental response tax established in section 243-3.5, and moneys allotted to the fund from other sources; provided that when the total balance of the fund exceeds $20,000,000, the department of health shall notify the department of taxation of this fact in writing within ten days. The department of taxation then shall notify all distributors liable for collecting the tax imposed by section 243-3.5 of this fact in writing, and the imposition of the tax shall be discontinued beginning the first day of the second month following the month in which notice is given to the department of taxation. If the total balance of the fund thereafter declines to less than $3,000,000, the department of health shall notify the department of taxation which then shall notify all distributors liable for collecting the tax imposed by section 243-3.5 of this fact in writing, and the imposition of the tax shall be reinstated beginning the first day of the second month following the month in which notice is given to the department of taxation.
(b) Moneys from the fund shall be expended by the department for response actions and preparedness, including removal and remedial actions, consistent with this chapter; provided that the revenues generated by the "environmental response tax" and deposited into the environmental response revolving fund:
(1) Shall also be used:
(A) For oil spill planning, prevention, preparedness, education, research, training, removal, and remediation;
(B) For direct support for county used oil recycling programs; and
(C) For deposit into the energy security special fund, established under section 201-12.8, as may be appropriated by the legislature; and
(2) May also be used to support environmental protection and natural resource protection programs, including but not limited to energy conservation and alternative energy development, and to address concerns related to air quality, global warming, clean water, polluted runoff, solid and hazardous waste, drinking water, and underground storage tanks, including support for the underground storage tank program of the department and funding for the acquisition by the State of a soil remediation site and facility. [L 1988, c 148, pt of §2; am L 1990, c 298, pt of §18; am L 1991, c 157, §8 and c 280, §3; am L 1992, c 259, §2; am L 1993, c 300, §4; am L 1994, c 205, §1; am L 1997, c 260, §2; am L 1998, c 141, §8; am L 2000, c 245, §1; am L 2008, c 208, §4]
Note
Transfer of certain interest earnings to general fund until June 30, 2015. L 2009, c 79, §30(a)(2).
Cross References
Raising the legislative ceiling of the fund, see §128D-4(e).