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Substitute House Bill No. 5211

Public Act No. 02-80

AN ACT CONCERNING REIMBURSEMENT LIMITS FROM THE UNDERGROUND STORAGE TANK PETROLEUM CLEAN-UP ACCOUNT.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (a) of section 22a-449c of the general statutes, as amended by section 37 of public act 01-9 of the June special session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2002):

(a) (1) There is established an account to be known as the "underground storage tank petroleum clean-up account". The underground storage tank petroleum clean-up account shall be an account of the Environmental Quality Fund. Notwithstanding any provision of the general statutes to the contrary, any moneys collected shall be deposited in the Environmental Quality Fund and credited to the underground storage tank petroleum clean-up account. Any balance remaining in said account at the end of any fiscal year shall be carried forward in said account for the fiscal year next succeeding.

(2) The account shall be used by the Commissioner of Environmental Protection to provide money for reimbursement or payment pursuant to section 22a-449f to responsible parties or parties supplying goods or services, or both, to responsible parties for costs, expenses and other obligations paid or incurred, as the case may be, as a result of releases, and suspected releases, costs of investigation of releases and suspected releases, and third party claims for bodily injury, property damage and damage to natural resources. Notwithstanding the provisions of this section regarding reimbursements of parties pursuant to section 22a-449f, the responsible party for a release shall bear all costs of the release that are less than ten thousand dollars or more than one million dollars, except that for any such release which was reported to the department prior to December 31, 1987, and for which more than five hundred thousand dollars has been expended by the responsible party to remediate such release prior to June 19, 1991, the responsible party for the release shall bear all costs of such release which are less than ten thousand dollars or more than [three] five million dollars, provided the portion of any reimbursement or payment in excess of three million dollars may, at the discretion of the commissioner, be made in annual payments for up to a five-year period. There shall be allocated to the department annually, for administrative costs, two million dollars.

Sec. 2. Section 22a-449b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

[(a)] Not later than thirty days immediately following the tax due date for the tax imposed under section 12-587, as amended, a portion of such tax, in the amount of [one-third of the total amount of tax due under said section] three million dollars, shall be credited by the Comptroller to the underground storage tank petroleum clean-up account established under section 22a-449c, as amended.

[(b) If the balance in said account at the end of any month exceeds fifteen million dollars, as determined by the Comptroller, he shall suspend the further crediting of tax payments to said account until he determines that the balance in said account has fallen below five million dollars. ]

Approved June 3, 2002