Georgia Code
Part 2 - Hazardous Site Response
§ 12-8-95. [Effective July 1, 2022] Hazardous Waste Trust Fund; Appropriations; Accounting

(a.1) Under the authority granted and subject to the conditions imposed by Article III, Section IX, Paragraph VI(r) of the Constitution of Georgia, for the period beginning on July 1, 2022, and ending on June 30, 2032, all of the money collected pursuant to subsection (e) of Code Section 12-8-39 shall be annually appropriated to the Hazardous Waste Trust Fund established by subsection (a) of this Code section and such funds shall not lapse as otherwise required by Article III, Section IX, Paragraph IV(c) of the Constitution of Georgia. Each annual appropriation shall be made through the General Appropriations Act and shall include all of the money collected from such source during the most recently completed fiscal year.
(b.1) The director shall prepare an accounting of the funds expended pursuant to this Code section during the most recently completed fiscal year to be provided to the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office by January 1 of each year.
History. Code 1981, § 12-8-95 , enacted by Ga. L. 1992, p. 2234, § 5; Ga. L. 2002, p. 415, § 12; Ga. L. 2002, p. 927, § 3; Ga. L. 2004, p. 631, § 12; Ga. L. 2013, p. 856, § 3/HB 276; Ga. L. 2021, p. 761, § 7/HB 511.
Delayed effective date.
Code Section 12-8-95 is set out twice in this Code. This version is effective July 1, 2022. For version effective until July 1, 2022, see the preceding version.
The 2021 amendment, effective July 1, 2022, substituted the present provisions of subsection (a) for the former provisions, which read: “There shall continue in existence the hazardous waste trust fund. The hazardous waste trust fund shall be funded in accordance with subsection (b) of Code Section 12-8-91. All moneys deposited in the fund shall be deemed expended and contractually obligated and shall not lapse to the general fund. The director shall serve as trustee of the hazardous waste trust fund.”; added subsection (a.1); substituted the present provisions of the introductory paragraph of subsection (b) for the former provisions, which read: “The moneys deposited in the hazardous waste trust fund may be expended by the director as follows:”; in paragraph (b)(4), deleted “and appropriated to the department in accordance with subsection (b) of Code Section 12-8-91” following “Code Section 12-8-39” in the first proviso, and, in the second proviso, substituted “$500,000.00” for “$500,000”, and substituted “Hazardous Waste Trust Fund” for “hazardous waste trust fund” at the end; and added subsection (b.1).
Editor’s notes.
Ga. L. 2021, p. 761, § 7/HB511, purported to add a new subsection to this Code section, but actually added two subsections.
Ga. L. 2021, p. 761, § 23/HB511, not codified by the General Assembly, provides: “In accordance with the requirements of Article III, Section IX, Paragraph VI(r) of the Constitution of Georgia, this Act shall not become law unless it receives the requisite two thirds’ majority vote in both the Senate and the House of Representatives and the amount of the funds dedicated by this Act do not equal or exceed 1 percent of the previous fiscal year’s state revenues subject to appropriations.

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