Senate Bill 2706

AN ACT TO BRING FORWARD SECTION 49-17-421, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF LATER AMENDMENT; TO CREATE NEW SECTION 49-17-422, MISSISSIPPI CODE OF 1972, TO ESTABLISH THE UNDERGROUND STORAGE TANK ADVISORY COUNCIL; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 49-17-421, Mississippi Code of 1972, is brought forward as follows:

49-17-421. The commission may assess and collect a tank regulatory fee in an amount sufficient to administer Sections 49-17-401 through 49-17-435 but not to exceed One Hundred Dollars ($100.00) per tank per year from the owner of each underground storage tank in use in Mississippi on July 1, 1988, or brought into use after that date, as provided in the Mississippi Underground Storage Tank Act of 1988 (Sections 49-17-401 through 49-17-435). The tank regulatory fee assessed under this section is a debt due by the owner of each underground storage tank in use in Mississippi on July 1, 1988, or brought into use after that date. The tank regulatory fee shall be due July 1 of each year. If any part of the tank regulatory fee is not paid within thirty (30) days after the due date, a penalty of fifty percent (50%) of the amount due shall accrue at once and be added to the fee, unless the owner of the underground storage tank demonstrates to the commission that the failure to make timely payment was unavoidable due to financial hardship or otherwise beyond the control of the owner. Monies collected under this section shall be deposited in a special fund which is created in the State Treasury. Unexpended amounts remaining in the special fund at the end of the fiscal year shall not lapse into the General Fund and any interest earned on amounts in the special fund shall be credited to the special fund by the Treasurer. The fund may receive monies from any available public or private source, including, but not limited to, collection of fees, interest, grants, taxes, public or private donations and judicial actions. Monies in this special fund shall be expended by annual appropriation approved by the Legislature to administer Sections 49-17-401 through 49-17-435.

SECTION 2. The following shall be codified as Section 49-17-422, Mississippi Code of 1972:

49-17-422. (1) There is created the Underground Storage Tank (UST) Advisory Council for the purposes of consulting with the commission on all matters related to the UST Program, conducting an independent study of the costs for the development and administration of the UST Program within the department.

(2) The costs to be included within the study for the UST Program shall be those costs set forth in Section 49-17-421. The UST Advisory Council shall include within the study the type and quantity of underground storage tanks within the state that are covered by the UST Program. The study shall be due January 1 of each year to the commission and the director of the department.

(3) The UST Advisory Council shall be comprised of the following five (5) persons:

(a) The President of the Mississippi Manufacturers Association, or a designee;

(b) A representative of the Mississippi Municipal League from a municipality that qualifies for inclusion under the UST Program as set forth in Section 49-17-403 and that is required to pay the tank fee, appointed by the Governor;

(d) A representative who is experienced in the assessment and remediation of petroleum contamination, appointed by the President of the Mississippi Engineering Society; and

(e) A representative of any company doing business in Mississippi in the installation, closure and/or testing of underground storage tanks, appointed by the Governor.

(4) The members of the Advisory Council appointed by the Governor shall be concurrent with the term of the appointing Governor. Original appointments to the UST Advisory Council shall be made no later than January 1, 2017. Vacancies on the UST Advisory Council shall be filled by appointment in the same manner as the original appointments. The UST Advisory Council shall convene within sixty (60) days following the date of the appointment of the members.

(5) The UST Advisory Council shall select from its membership a chairperson to preside over meetings and a vice chairperson to preside in the absence of the chairperson or when the chairperson is absent. The UST Advisory Council shall adopt procedures governing the manner of conducting its business. A majority of the members shall constitute a quorum.

(6) Members of the UST Advisory Council shall serve without salary. The members of the UST Advisory Council shall be entitled to receive reimbursement as provided in Section 25-3-41 for their actual travel and hotel expenses incurred while in the performance of their duties as members of the UST Advisory Council. Requests for reimbursement shall be paid from fees collected in accordance with Section 49-17-421 upon submission of an itemized statement approved by the State Fiscal Officer.

(7) The director of the department shall provide technical, clerical and other support services, including services by contract, as the UST Advisory Council determines that it requires in the performance of its functions.

SECTION 3. This act shall take effect and be in force from and after July 1, 2016.