Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Environment Regulation topic
No spam. Unsubscribe anytime.
House backs voluntary underground‑tank assurance fund after high‑court ruling prompted overhaul
Summary
House members passed HB 117 to restructure the state assurance program for underground (and optionally above‑ground) storage tanks after a state Supreme Court ruling found the prior surcharge funding method unconstitutional. The bill makes participation voluntary, shifts collection responsibility to retailers, adds auditing and transitional coverage, and passed the House by recorded vote.
House Bill 117, concerning the state assurance fund for underground storage tanks, was presented to the House with a detailed floor explanation. The sponsor told the House the existing surcharge (historically a half‑cent per gallon collected at the rack) had been ruled unconstitutional by the state Supreme Court, which motivated the bill’s redesign. HB 117 would shift assessment collection responsibility to petroleum retailers as an assurance fee, offer a voluntary participation model in the fund, allow above‑ground tanks to opt in, and require auditing and registration duties for the managing department.
The sponsor outlined options for operators — self‑insurance, private insurance, bonds or letters of credit, or participation in the state fund. The bill establishes a minimum fee for low‑volume participants (the floor record cites $250) and includes penalties for late payments if participants remain in the fund. It also outlines transitional coverage and reinstatement conditions for tanks that go off the fund and later seek to return.
Floor Managers emphasized the bill was designed to preserve response capacity required by federal law while correcting the constitutional defect in the prior funding mechanism. After brief questions and extension of time for debate, the House voted to pass HB 117; the floor record reports the bill receiving 65 yes votes and 0 no votes on the recorded tally that is reported in the transcript.
Next steps: HB 117 will be forwarded to the Senate for consideration. Implementing details (auditing rules, registration, and fee collection mechanism) will be carried out by the named department in the bill.
