HB345 By Representative McCampbell RFD Commerce and Small Business Rd 1 19-MAR-15

SYNOPSIS: Currently, operators of hazardous waste disposal facilities pay certain fees. The proceeds of the fees are distributed as provided by state and local law.

This bill would amend existing law to provide further for the distribution of proceeds between counties having a hazardous waste facility, the Alabama Department of Environmental Management, and the State General Fund.

A BILL TO BE ENTITLED AN ACT

To amend Sections 22-30B-2.1, as amended by Act 2014-418, 2014 Regular Session, and 22-30B-4, Code of Alabama 1975, relating to the distribution of the proceeds of hazardous waste disposal facility fees; to provide further for the distribution of fee proceeds to counties having a commercial site for hazardous waste disposal, the Alabama Department of Environmental Management, and the State General Fund; and to provide further for the distribution of certain state fees by local law.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 22-30B-2.1, as amended by Act 2014-418, 2014 Regular Session, and 22-30B-4, Code of Alabama 1975, are amended to read as follows:

§22-30B-2.1.

"(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 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, as amended, 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, as amended, 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, as amended, 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, as amended, 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, as amended, 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, as amended, 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(1) and (2) shall be distributed as follows:

"(1) Twenty-five percent to each county having a commercial site for the disposal of hazardous waste or hazardous substances The first one hundred fifty thousand dollars ($150,000) annually to the Alabama Department of Environmental Management.

"(2) Seventy-five percent to the State General Fund with the first four hundred fifty thousand dollars ($450,000) 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 subsection be additional funding and shall not reduce any other appropriations from the State General Fund The next three hundred thousand dollars ($300,000) annually to each county having a commercial site for the disposal of hazardous wastes, which amount shall be distributed by local law. At the end of each month, all receipts that are available shall be distributed to the county until the three hundred thousand dollar ($300,000) amount is fully distributed.

"(3) After the annual distributions in subdivisions (1) and (2) are made, such amounts as are necessary to meet the annual guaranteed amount of four million two hundred thousand dollars ($4,200,000) to the county as provided by this section.

"(4) After the distributions are made pursuant to subdivisions (1), (2), and (3), any remaining amounts shall be distributed as follows:

"a. Fifty percent to the State General Fund.

"b. Fifty percent to the county.

§22-30B-4.

"(a) From the funds Funds guaranteed to any county as set forth in Section 22-30B-2.1, $.40 per ton shall be expended for health purposes and the remainder for such purposes as may shall be appropriated and expended for such purposes as provided by local act.

"(b) It is further provided that all provisions relating to the state fee including date of payment, required reporting, penalties, interest, property liens, record keeping, recovery of overpayment, and prosecution for violations shall also apply to the county fees levied by this section."

Section 2. This act shall become effective on the first day of the month following its passage and approval by the Governor, or its otherwise becoming law.

Hazardous Waste

Fees

Environmental Management Department

General Fund

Code Amended