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224.60-145 Petroleum environmental assurance fee -- Deposit of fee -Surplus in accounts -- Administration by Department of Revenue.
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Except as provided in subsection (2) of this section, there is established a
petroleum environmental assurance fee to be paid by dealers on each gallon of
gasoline and special fuels received in this state.
All deductions detailed in KRS 138.240(2) and all credits detailed in KRS
138.358 are exempt from the fee. If a dealer has on file, pursuant to KRS
Chapter 138, a statement supporting a claimed exemption, an additional
statement shall not be required for claiming exemption from the fee.
The fee shall be reported and paid to the Department of Revenue at the same
time and in the same manner as is required for the reporting and payment of
the gasoline and special fuels taxes as provided by law.
The petroleum environmental assurance fee shall be set at one and four-tenths
cent ($0.014) for each gallon. Four-tenths of a cent ($0.004) per gallon shall be
deposited in the financial responsibility account and one cent ($0.01) shall be
deposited in the petroleum storage tank account.
Within thirty (30) days of the close of fiscal year 2001-2002 and each fiscal
year thereafter, the state budget director shall review the balance of each
account to determine if a surplus exists. "Surplus" means funds in excess of
the amounts necessary to satisfy the obligations in each account for all eligible
facilities, to satisfy future liabilities and expenses necessary to operate each
account, and to maintain an appropriate reserve in the financial responsibility
account to demonstrate financial responsibility and compensate for third-party
claims. The state budget director shall report the determination to the Interim
Joint Committee on Appropriations and Revenue. After a determination that a
surplus exists, the surplus shall be transferred to a restricted account and
retained until appropriated by the General Assembly.
All provisions of law related to the Department of Revenue's administration and
enforcement of the gasoline and special fuels tax and all other powers
generally conveyed to the Department of Revenue by the Kentucky Revised
Statutes for the assessment and collection of taxes shall apply with regard to
the fee levied by KRS 224.60-105 to 224.60-160.
The Department of Revenue shall refund the fee imposed by KRS
224.60-145(1) to any person who paid the fee provided they are entitled to a
refund of motor fuel tax under KRS 138.344 to KRS 138.355 and to any person
who paid the fee on transactions exempted under KRS 224.60-145(2).
Notwithstanding any other provisions of KRS 65.180, 65.182, 68.600 to
68.606, 139.470, 183.165, 224.60-115, 224.60-130, 224.60-137, 224.60-140,
224.60-142, and this section to the contrary, the small operator assistance
account and small operator tank removal account established under KRS
224.60-130 shall continue in effect until July 15, 2016, and thereafter until all
eligible claims related to tanks registered by that date are resolved, and
sufficient money shall be allocated to and maintained in that account to assure
prompt payment of all eligible claims, and to provide for removal of tanks for
eligible owners and operators as directed by this chapter.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 47, sec. 3, effective June 25, 2013. -Amended 2010 Ky. Acts ch. 47, sec. 3, effective July 15, 2010. -- Amended
2007 Ky. Acts ch. 78, sec. 3, effective March 23, 2007. -- Amended 2005 Ky.
Acts ch. 85, sec. 632, effective June 20, 2005; and ch. 134, sec. 2, effective
June 20, 2005. -- Amended 2004 Ky. Acts ch. 26, sec. 3, effective July 13, 2004.
-- Amended 2002 Ky. Acts ch. 361, sec. 6, effective July 15, 2002. -- Amended
1998 Ky. Acts ch. 284, sec. 7, effective July 15, 1998; and ch. 498, sec. 8,
effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 421, sec. 3, effective July
15, 1994. Amended 1992 Ky. Acts ch. 450, sec. 6, effective April 13, 1992. -Created 1990 Ky. Acts ch. 370, sec. 9, effective April 9, 1990.
Formerly codified as KRS 224.822.
2012-2014 Budget Reference. See State/Executive Branch Budget, 2012 Ky. Acts
ch. 144, Pt. V, C, 2 at 1244.
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