19-6-410.5. Environmental assurance program -- Participant fee -- State Tax
Commission administration, collection, and enforcement of tax.
(1) As used in this section:
(a) "Cash balance" means cash plus investments and current accounts receivable minus current
accounts 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 fee
imposed under Subsection (4), assistance with satisfying the financial responsibility requirements of 40
C.F.R., Part 280, Subpart H, by providing funds from the Petroleum Storage Tank Trust Fund
established 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 the
program shall use the program for all petroleum underground storage tanks that the owner or operator
owns or operates.
(4) (a) There is assessed an environmental assurance fee of 1/2 cent per gallon on the first sale
or use of petroleum products in the state.
(b) The environmental assurance fee and any other revenue collected under this section shall be
deposited in the Petroleum Storage Tank Trust Fund created in Section 19-6-409 and used solely for
the purposes listed in Section 19-6-409.
(5) (a) The commission shall administer, collect, and enforce the fee imposed under this section
according to the same procedures used in the administration, collection, and enforcement of the state
sales 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, the
commission 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 not
participate 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 for
reimbursement or exemption under Subsection (5)(b)(ii).
(c) The commission may retain an amount not to exceed 2.5% of fees collected under this
section 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 of
the 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 environmental
assurance 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 the
Petroleum Storage Tank Trust Fund.
(c) The commission shall report to the department a person who is delinquent in payment of the
fee under this section.
(7) (a) (i) If the cash balance of the Petroleum Storage Tank Trust Fund on June 30 of any
year exceeds $20,000,000, the assessment of the environmental assurance fee as provided in
Subsection (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 Legislature
in 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 the
accounts payable of the fund as of June 30.
Amended by Chapter 212, 2009 General Session
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Last revised: Thursday, May 28, 2009