An Act to provide increased funding for the water and environment fund.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 34A-13-20 be AMENDED:
34A-13-20.
A petroleum
release compensation and tank inspection fee is imposed upon any
petroleum products upon which the fuel excise tax is imposed by
10-47B-5
to 10-47B-10,
inclusive, 10-47B-9.1,
and 10-47B-13.
None of the exemptions from fuel excise tax allowed in 10-47B-19
apply to this fee. The parties required to pay the fuel excise tax
pursuant to the provisions of 10-47B-21
to 10-47B-26,
inclusive, and 10-47B-29
and 10-47B-31
are liable for payment of the petroleum release and tank inspection
fee. In cases where the fuel is exempt from the fuel excise tax under
the provisions of subdivisions 10-47B-19(1), (3), and (5), the
supplier shall pay the fee. Responsibility for payment of the fee
ceases if the petroleum product is sold and delivered by a licensed
exporter outside of the state. The amount of the fee imposed is
twenty dollars per one thousand gallons of petroleum. The
revenue collected pursuant to this section shall be distributed
monthly in the following manner:
(1) In
fiscal year 2019, fifty-five percent shall be deposited in the state
capital construction fund, twenty-five percent shall be deposited in
the ethanol fuel fund, and twenty percent shall be deposited in the
petroleum release compensation fund;
(2) In
fiscal year 2020, sixty percent shall be deposited in the state
capital construction fund, twenty percent shall be deposited in the
ethanol fuel fund, nineteen percent shall be deposited in the
petroleum release compensation fund, and one percent shall be
deposited in the ethanol infrastructure incentive fund as created in
10-47B-164.1;
(3) In
fiscal year 2021, sixty-six percent shall be deposited in the state
capital construction fund, fifteen percent shall be deposited in the
ethanol fuel fund, eighteen percent shall be deposited in the
petroleum release compensation fund, and one percent shall be
deposited in the ethanol infrastructure incentive fund;
(4) In
fiscal year 2022, seventy-two percent shall be deposited in the state
capital construction fund, ten percent shall be deposited in the
ethanol fuel fund, seventeen percent shall be deposited in the
petroleum release compensation fund, and one percent shall be
deposited in the ethanol infrastructure incentive fund; and
(5) Beginning
in fiscal year 2023
and each year thereafter,
eighty-one
-and
-one-half
percent
shall
must be
deposited in the state capital construction fund, seventeen percent
shall
must be
deposited in the petroleum release compensation fund, and one
-and
-one-half
percent
shall
must be
deposited in the
ethanol infrastructure incentive fund
water and environment fund, provided in 46A-1-60.
Section 2. The state treasurer must transfer all funds in the ethanol infrastructure incentive fund, provided in 10-47B-164.1, into the water and environment fund, provided in 46A-1-60.
Section 3. That 5-27-4 be REPEALED:
In
fiscal year 2019, the Bureau of Finance and Management shall transfer
each month twenty-one and one-half percent of the monthly state
capital construction fund revenues from the state capital
construction fund to the ethanol fuel fund. In fiscal year 2020, the
Bureau of Finance and Management shall transfer each month fifteen
percent of the monthly state capital construction fund revenues from
the state capital construction fund to the ethanol fuel fund. In
fiscal year 2021, the Bureau of Finance and Management shall transfer
each month ten percent of the monthly state capital construction fund
revenues from the state capital construction fund to the ethanol fuel
fund. In fiscal year 2022, the Bureau of Finance and Management shall
transfer each month five percent of the monthly state capital
construction fund revenues from the state capital construction fund
to the ethanol fuel fund.