§ 46-12.9-11. Fundings. (a) There is hereby imposed an environmental protection regulatory fee of one cent ($0.01) per gallon payable of motor fuel, to be collected by distributors of motor fuel when the product is sold to owners and/or operators of underground storage tanks. Each distributor shall be responsible to the tax administrator for the collection of the regulatory fee, and if the distributor is unable to recover the fee from the person who ordered the product, the distributor shall nonetheless remit to the tax administrator the regulatory fee associated with the delivery. In accordance with the regulations to be promulgated hereunder, the fee shall be collected, reported, and paid to the Rhode Island division of taxation as a separate, line-item entry, on a quarterly tax report by those persons charged with the collection, reporting, and payment of motor fuels taxes. This fee shall be administered and collected by the division of taxation. Notwithstanding the provisions of this section, the fee shall not be applicable to purchases by the United States government.

(b) Of the one-cent-per-gallon ($0.01) environmental-protection regulatory fee collected by distributors of motor fuel and paid to the Rhode Island division of taxation, one-half cent ($0.005) shall be deposited in the intermodal surface transportation fund to be distributed pursuant to § 31-36-20 and one-half cent ($0.005) shall be paid to the fund. All environmental protection regulatory fees paid to the department shall be received by the department, which shall keep such money in a distinct, interest-bearing, restricted-receipt account to the credit of, and for the exclusive use of, the fund provided that for the period January 1, 2008, through June 30, 2008, all revenues generated by the environmental protection regulatory fee, up to a maximum of two million dollars ($2,000,000), shall be deposited into the general fund. In fiscal year 2009, all revenues generated by the environmental protection regulatory fee, up to a maximum equivalent to two million two hundred thirty-seven thousand five hundred dollars ($2,237,500), shall be deposited into the intermodal surface transportation fund. All fees collected may be invested as provided by law and all interest received on such investment shall be credited to the fund.

(c) When the fund reaches the sum of eight million dollars ($8,000,000), the imposition of the fee set forth in this chapter shall be suspended, and the division of taxation shall notify all persons responsible for the collection, reporting, and payments of the fee of the suspension. In the event that the account balance of the fund subsequently is reduced to a sum less than five million dollars ($5,000,000) as a result of fund activity, the fee shall be reinstated by the division of taxation, following proper notice thereof, and once reinstated, the collection, reporting, and payment of the fee shall continue until the account balance again reaches the sum of eight million dollars ($8,000,000).

(d) Upon the determination by the advisory board and the department that the fund has reached a balance sufficient to satisfy all pending or future claims, the advisory board shall recommend to the general assembly the discontinuation of the imposition of the fee created in this section.

History of Section. (P.L. 1994, ch. 144, § 1; P.L. 1995, ch. 370, art. 31, § 2; P.L. 1996, ch. 100, art. 13, § 2; P.L. 1997, ch. 30, art. 39, § 1; P.L. 2002, ch. 297, § 1; P.L. 2006, ch. 44, § 1; P.L. 2006, ch. 246, art. 27, § 3; P.L. 2007, ch. 340, § 45; P.L. 2008, ch. 9, art. 20, § 1; P.L. 2009, ch. 5, art. 9, § 10; P.L. 2016, ch. 148, § 1; P.L. 2016, ch. 160, § 1; P.L. 2017, ch. 80, § 1; P.L. 2017, ch. 92, § 1.)