Chapter
06-044
2006 -- H 7210
Enacted 05/31/06
A N A C T
RELATING TO WATERS
AND NAVIGATION
Introduced By: Representative Steven M. Costantino
Date
Introduced: February 14, 2006
It is
enacted by the General Assembly as follows:
SECTION
1. Section 46-12.9-11 of the General Laws in Chapter 46-12.9 entitled
"Rhode
Island
Underground Storage Tank Financial Responsibility Act" is hereby amended
to read as
follows:
46-12.9-11.
Funding. -- (a) There is hereby imposed an environmental protection
regulatory
fee of at the rate of one cent ($0.01) per gallon payable of motor fuel, to be
collected
by
distributors of motor fuel when the product is sold to owners and/or operators
of underground
storage
tanks. Each distributor shall be responsible to the tax administrator for the
collection of
the
regulatory fee, and if the distributor is unable to recover the fee from the
person who ordered
the
product, the distribution shall nonetheless remit to the tax administrator the
regulatory fee
associated
with the delivery. In accordance with the regulations to be promulgated
hereunder, the
fee
shall be collected, reported, and paid to the Rhode Island division of taxation
as a separate
line
item entry, on a quarterly tax report by those persons charged with the
collection, reporting,
and
payment of motor fuels taxes. This fee shall be administered and collected by
the division of
taxation.
Notwithstanding the provisions of this section, the fee shall not be applicable
to
purchases
by the United States government.
(b) All fees derived under the provisions of this chapter, including tank
registration fees
assessed
pursuant to section 46-12.9-7(9), shall be paid to and received by the review
board,
which
shall keep such money in a distinct interest bearing restricted receipt account
to the credit
of and
for the exclusive use of the fund. provided that for the period
January 1, 2006 through June
30,
2006, all revenues generated by the environmental protection regulatory fee up
to a maximum
of
two million dollars ($2,000,000) shall be deposited into the general fund.
All fees collected may be invested as provided by law and all interest received
on such
investment
shall be credited to the fund.
(c) When the fund reaches the sum of eight million dollars ($8,000,000), the
imposition
of the
fee set forth in this chapter shall be suspended, and the division of taxation
shall notify all
persons
responsible for the collection, reporting and payments of the fee of the
suspension. In the
event
that the account balance of the fund subsequently is reduced to a sum less than
five million
dollars
($5,000,000) as a result of fund activity, the fee shall be reinstated by the
division of
taxation,
following proper notice thereof, and once reinstated, the collection,
reporting, and
payment
of the fee shall continue until the account balance again reaches the sum of
eight million
dollars
($8,000,000).
(d) Upon the determination by the review board that the fund has reached a
balance
sufficient
to satisfy all pending or future claims, the review board shall recommend to
the general
assembly
the discontinuation of the imposition of the fee created in this section.
SECTION
2. Section 13 of Article 1 of Chapter 117 of the 2005 Public Laws entitled
"An
Act
Making Appropriations for the Support of the state for the Fiscal Year Ending
June 30, 2006"
is
hereby repealed.
SECTION
13. Notwithstanding any provisions of Chapter 12.9 of Title 46 of the Rhode
island
General Laws, the Underground Storage Tank Financial Responsibility Fund Review
Board
shall transfer to the State Controller the sum of two million ($2,000,000)
dollars on June
30,2
006.
SECTION
3. This act shall take effect on January 1, 2006.
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LC02090
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