§128D-2  Environmental response revolving fund; uses.  (a)  There is created within the state treasury an environmental response revolving fund, which shall consist of moneys appropriated to the fund by the legislature, moneys paid to the fund as a result of departmental compliance proceedings, moneys paid to the fund pursuant to court-ordered awards or judgments, moneys paid to the fund in court-approved or out-of-court settlements, all interest attributable to investment of money deposited in the fund, moneys deposited in the fund from the environmental response, energy, and food security tax pursuant to section 243-3.5, and moneys allotted to the fund from other sources.

     (b)  Moneys from the fund shall be expended by the department for the following:

     (1)  Removal, remediation, and detection of oil and pollutant or contaminant releases;

     (2)  Removal and remediation of hazardous waste and any other solid, liquid, or gaseous substance that may harm the environment; and

     (3)  The payment of costs listed under section 128D-4(c).

     (c)  The unexpended and unencumbered moneys in the fund in excess of $1,250,000 on June 30 of each fiscal year shall be transferred by the director of finance into and become a realization of the general fund on that date. [L 1988, c 148, pt of §2; am L 1990, c 298, pt of §18; am L 1991, c 157, §8 and c 280, §3; am L 1992, c 259, §2; am L 1993, c 300, §4; am L 1994, c 205, §1; am L 1997, c 260, §2; am L 1998, c 141, §8; am L 2000, c 245, §1; am L 2008, c 208, §4; am L 2010, c 73, §§2, 14; am L 2014, c 107, §3(2); am L 2015, c 185, §§4, 6]


Cross References


  Raising the legislative ceiling of the fund, see §128D-4(e).