2024 -- S 2332

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LC004680

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO WATERS AND NAVIGATION -- OIL SPILL PREVENTION,

ADMINISTRATION AND RESPONSE FUND

     Introduced By: Senators DiMario, Euer, Pearson, Bissaillon, Britto, LaMountain,
Valverde, Kallman, Miller, and DiPalma

     Date Introduced: February 12, 2024

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 46-12.7-13 of the General Laws in Chapter 46-12.7 entitled "Oil Spill

Prevention, Administration and Response Fund" is hereby amended to read as follows:

     46-12.7-13. Preventative uses of the fund.

     (a) Recognizing the importance of the development of readiness and response programs,

the legislature may allocate not more than two hundred fifty thousand dollars ($250,000) per annum

of the amount then currently in the fund to be devoted to research and development in the causes,

effects and removal of pollution caused by oil, petroleum products and their by-products on the

marine environment and the monitoring of baseline environmental and economic conditions.

     (b) The two hundred fifty thousand dollars ($250,000) per annum allocated for research,

development, and monitoring shall be allocated to the Department of Environmental Management

and expended consistent with the purposes of § 46-23.2-3 entitled “The Comprehensive Watershed

and Marine Monitoring Act of 2004.”

     (c) The remaining moneys in the fund which the legislature may allocate to research,

development, and monitoring shall be used for purposes approved by the director. Such purpose

may include, but shall not be limited to:

     (1) Sensitive area data management and mapping;

     (2) Scientific research and monitoring which is directly relevant to state legislation; and

     (3) Development of more effective removal and containment technologies, appropriate for

the cleanup and containment of refined fuel oils.; and

     (4) Supporting the executive climate change coordinating council (EC4) efforts to reduce

climate emissions and meet the act on climate goals.

     SECTION 2. 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. Fundings.

     (a) There is hereby imposed an environmental protection regulatory fee 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 distributor 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)(1) Of the one-cent-per-gallon ($0.01) environmental protection regulatory fee collected

by distributors of motor fuel and paid to the Rhode Island division of taxation, one-half cent

($0.005) shall be deposited in the intermodal surface transportation fund to be distributed pursuant

to § 31-36-20 and one-half cent ($0.005) shall be paid to the fund. All environmental protection

regulatory fees paid to the department shall be received by the department, 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, 2008, through June 30, 2008, 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. In fiscal year 2009, all revenues generated

by the environmental protection regulatory fee, up to a maximum equivalent to two million two

hundred thirty-seven thousand five hundred dollars ($2,237,500), shall be deposited into the

intermodal surface transportation fund. All fees collected may be invested as provided by law and

all interest received on such investment shall be credited to the fund.

     (2) Commencing in fiscal year 2025, revenues generated by the environmental protection

regulatory fee, up to a maximum equivalent of three million dollars ($3,000,000), shall be allocated

to the executive climate coordinating council (EC4) and in subsequent fiscal years, up to a

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maximum of one million dollars ($1,000,000) shall be allocated.

     (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 department that the fund has reached a balance sufficient

to satisfy all pending or future claims, the department shall recommend to the general assembly the

discontinuation of the imposition of the fee created in this section.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO WATERS AND NAVIGATION -- OIL SPILL PREVENTION,

ADMINISTRATION AND RESPONSE FUND

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     This act would provide that the funds allocated to the Rhode Island Underground Storage

Tank Financial Responsibility Act be used to support the Executive Climate Change Coordinating

Council (EC4) efforts to reduce climate emissions and meet the Act on Climate goals and allocate,

in fiscal year 2025, the sum of three million dollars ($3,000,000) to the Executive Climate Change

Coordinating Council (EC4) and up to one million dollars ($1,000,000) per fiscal year thereafter

for that purpose.

     This act would take effect upon passage.

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