19-6-410.5 - Environmental assurance program -- Participant fee -- State Tax Commission administration, collection, and enforcement of tax.
19-6-410.5. Environmental assurance program -- Participant fee -- State TaxCommission administration, collection, and enforcement of tax.
(1) As used in this section:
(a) "Cash balance" means cash plus investments and current accounts receivable minus currentaccounts payable, excluding the liabilities estimated by the state risk manager.
(b) "Commission" means the State Tax Commission, as defined in Section 59-1-101.
(2) (a) There is created an Environmental Assurance Program.
(b) The program shall provide to a participating owner or operator, upon payment of the feeimposed under Subsection (4), assistance with satisfying the financial responsibility requirements of 40C.F.R., Part 280, Subpart H, by providing funds from the Petroleum Storage Tank Trust Fundestablished in Section 19-6-409, subject to the terms and conditions of Chapter 6, Part 4,Underground Storage Tank Act, and rules implemented under that part.
(3) (a) Subject to Subsection (3)(b), participation in the program is voluntary.
(b) An owner or operator seeking to satisfy financial responsibility requirements through theprogram shall use the program for all petroleum underground storage tanks that the owner or operatorowns or operates.
(4) (a) There is assessed an environmental assurance fee of 1/2 cent per gallon on the first saleor use of petroleum products in the state.
(b) The environmental assurance fee and any other revenue collected under this section shall bedeposited in the Petroleum Storage Tank Trust Fund created in Section 19-6-409 and used solely forthe purposes listed in Section 19-6-409.
(5) (a) The commission shall administer, collect, and enforce the fee imposed under this sectionaccording to the same procedures used in the administration, collection, and enforcement of the statesales and use tax under:
(i) Title 59, Chapter 1, General Taxation Policies; and
(ii) Title 59, Chapter 12, Part 1, Tax Collection.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thecommission shall make rules to establish:
(i) the method of payment of the environmental assurance fee;
(ii) the procedure for reimbursement or exemption of an owner or operator that does notparticipate in the program, including an owner or operator of an above ground storage tank; and
(iii) the procedure for confirming with the department that an owner or operator qualifies forreimbursement or exemption under Subsection (5)(b)(ii).
(c) The commission may retain an amount not to exceed 2.5% of fees collected under thissection for the cost to the commission of rendering its services.
(6) (a) The person responsible for payment of the fee under this section shall, by the last day ofthe month following the month in which the sale occurs:
(i) complete and submit the form prescribed by the commission; and
(ii) pay the fee to the commission.
(b) (i) The penalties and interest for failure to file the form or to pay the environmentalassurance fee are the same as the penalties and interest under Sections 59-1-401 and 59-1-402.
(ii) The commission shall deposit penalties and interest collected under this section in thePetroleum Storage Tank Trust Fund.
(c) The commission shall report to the department a person who is delinquent in payment of thefee under this section.
(7) (a) (i) If the cash balance of the Petroleum Storage Tank Trust Fund on June 30 of anyyear exceeds $20,000,000, the assessment of the environmental assurance fee as provided inSubsection (4) is reduced to 1/4 cent per gallon beginning November 1.
(ii) The reduction under this Subsection (7)(a) remains in effect until modified by the Legislaturein a general or special session.
(b) The commission shall determine the cash balance of the fund each year as of June 30.
(c) Before September 1 of each year, the department shall provide the commission with theaccounts payable of the fund as of June 30.
Amended by Chapter 212, 2009 General Session