Corrective action account distribution.

ORIGINAL
House
Bill No
.
HB0054

ENROLLED ACT NO.
39
,

HOUSE OF REPRESENTATIVES

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2015 General Session

AN ACT relating to environmental quality; providing for the distribution of money from the corrective action account for leaking underground storage tanks to the municipal solid waste remediation account as specified; requiring reports; repealing provisions providing for the suspension of collection of fuel taxes as specified; providing for loans from the state water pollution control revolving loan account as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 16
‑
1
‑
206(
b) and (c) and
35
‑
11
‑
1424(a) and by creating
new
subsections (p)
through
(
r)
are amended to read:

16
‑
1
‑
206
.

Financial assistance priorities.

(b)

If there are no publicly owned wastewater treatment works identified as not being in compliance with the Water Pollution Control Act, 33 U.S.C. § 1251 et seq., then the monies in the account shall initially be used for noninterest bearing loans to the department for taking corrective actions at leaking underground and aboveground storage tank sites
and solid waste landfill remediation as provided by
W.S.
35
‑
11
‑
1424
.

(c)

Principal payments to the account from loans made for corrective actions at leaking underground and aboveground storage tank sites
and remediation at solid waste landfills
may be used for any purposes authorized in this article.

35
‑
11
‑
1424
.

Corrective action account created; use of monies; cost recovery.

(a)

There is created the corrective action account. This account is intended to provide for financial assurance coverage required by federal law and shall be used by the department to take corrective action in response to a release
and to remediate solid waste landfills
. The department shall use monies from the corrective action account as appropriated by the legislature for the administration of this article
and W.S. 35
‑
11
‑
533
through 35
‑
11
‑
537
. Interest earned by this account shall be deposited in the general fund. Monies in the corrective action account shall also be used for the state water pollution control revolving loan account pursuant to W.S. 16
‑
1
‑
201 through
16
‑
1
‑
206
16
‑
1
‑
207
.
Except as provided in subsection (p) of this
section, and contingent on
availability
of money
in the account,
the director shall distribute
monies in the correcti
ve
action
account
to the solid waste landfill remediation account created
by
W.S. 35
‑
11
‑
535 on July 1 of each specified year
in an amount not less than
:

(
i
)

2019
‑
two million dollars ($2,000,000.00);

(ii)

2020
‑
five million dollars ($5,000,000.00);

(iii)

2021 – six million dollars ($6,000,000.00);

(iv)

2022
– six million dollars ($6,000,000.00);

(v)

2023 – seven million dollars ($7,000,000.00);

(vi)

2024 and each year thereafter –
the director shall determine
expected
expenditures from the corrective action account for the underground storage tank
program for the next fiscal year and retain monies equal to that amount in the corrective action account,
with the remainder of the monies
deposited to the landfill remediation account
, but in
no
event shall monies
in the corrective action account on July 1

of any year be less than five million dollars ($5,000,000.00).

(p)

The director is authorized to withhold distributions from the corrective action account to the municipal solid waste remediation account as provided in subsection (a) o
f this section in the event of:

(
i
)

An emergency involving a leaking underground storage tank which requires immediate corrective action which will
require an expenditure of monies
in excess
of the monies
available in the corrective action account; or

(ii)

Monies
in the account are less than the amount required by federal law to provide for financial assurance coverage
or adequate leaking underground storage tank remediation
.

(
q
)

The director shall submit a report to the joint minerals, business and economic development interim committee by June 15
, 20
19
and by June 15 of every year thereafter,
describing the amount to be withheld in the corrective action account
pursuant to subsection
(a) of this section,
and the factors used in making that determination.

(
r
)

In the event the director exercises the authorization provided under subsection (p) of this account, the director shall inform the joint minerals, business and economic development interim committee in writing of the withholding of the distribution.

Section 2
.

W.S. 39
‑
17
‑
103(
a)(ii) and 39
‑
17
‑
203(a)(ii) are repealed.

Section
3
.

This
act is effective July 1,
2015
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
House
.

Chief Clerk

1