§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).