§128D-2  Environmental response revolvingfund; uses.  (a)  There is created within the state treasury anenvironmental response revolving fund, which shall consist of moneysappropriated to the fund by the legislature, moneys paid to the fund as aresult of departmental compliance proceedings, moneys paid to the fund pursuantto court-ordered awards or judgments, moneys paid to the fund in court-approvedor out-of-court settlements, all interest attributable to investment of moneydeposited in the fund, moneys generated by the environmental response taxestablished in section 243-3.5, and moneys allotted to the fund from othersources; 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 factin writing within ten days.  The department of taxation then shall notify alldistributors liable for collecting the tax imposed by section 243-3.5 of thisfact in writing, and the imposition of the tax shall be discontinued beginningthe first day of the second month following the month in which notice is givento the department of taxation.  If the total balance of the fund thereafterdeclines to less than $3,000,000, the department of health shall notify thedepartment of taxation which then shall notify all distributors liable forcollecting the tax imposed by section 243-3.5 of this fact in writing, and theimposition of the tax shall be reinstated beginning the first day of the secondmonth following the month in which notice is given to the department oftaxation.

(b)  Moneys from the fund shall be expended bythe department for response actions and preparedness, including removal andremedial actions, consistent with this chapter; provided that the revenuesgenerated by the "environmental response tax" and deposited into theenvironmental 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 oilrecycling programs; and

(C)  For deposit into the energy securityspecial fund, established under section 201-12.8, as may be appropriated by thelegislature; and

(2)  May also be used to support environmentalprotection and natural resource protection programs, including but not limitedto energy conservation and alternative energy development, and to addressconcerns 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 departmentand funding for the acquisition by the State of a soil remediation site andfacility. [L 1988, c 148, pt of §2; am L 1990, c 298, pt of §18; am L 1991, c157, §8 and c 280, §3; am L 1992, c 259, §2; am L 1993, c 300, §4; am L 1994, c205, §1; am L 1997, c 260, §2; am L 1998, c 141, §8; am L 2000, c 245, §1; am L2008, c 208, §4]

 

Note

 

  Transfer of certain interest earnings to general fund untilJune 30, 2015.  L 2009, c 79, §30(a)(2).

 

Cross References

 

  Raising the legislative ceiling of the fund, see §128D-4(e).