§1020. Waste Motor Oil Revenue Fund

1.  Definitions.  As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.

A. "Eligible person" means a person that is eligible, pursuant to section 1020-A, to have that person's share of response costs paid from the proceeds of revenue obligation securities issued pursuant to this subchapter or is eligible to have that person's share of response costs paid from the fund as otherwise set forth in this subchapter.   [PL 2011, c. 211, §2 (AMD); PL 2011, c. 211, §27 (AFF).]

A-1. [PL 2011, c. 211, §2 (RP); PL 2011, c. 211, §27 (AFF).]

A-2. "Diesel engine crankcase oil" means motor vehicle oil that is classified for use in a diesel engine crankcase by meeting the performance requirements of the American Petroleum Institute beginning with CA standards and all succeeding specifications under those standards, inclusive of all original equipment manufacturer-specific engine oils.   [PL 2011, c. 211, §2 (AMD); PL 2011, c. 211, §27 (AFF).]

B. [PL 2007, c. 618, §4 (RP); PL 2007, c. 618, §14 (AFF).]

C. "Fund" means the Waste Motor Oil Revenue Fund established under subsection 2 to be deposited with and administered by the authority.   [PL 2007, c. 464, §6 (NEW).]

C-1. "Gasoline engine crankcase oil" means motor vehicle oil that is classified for use in a gasoline engine crankcase by meeting the performance requirements of the American Petroleum Institute, beginning with SA standards through the most current standards, inclusive of original equipment manufacturer-specific engine oils, and International Lubricant Standardization and Approval Committee GF-1 standards through current standards, inclusive of all original equipment manufacturer-specific engine oils.   [PL 2011, c. 211, §2 (AMD); PL 2011, c. 211, §27 (AFF).]

D. "Motor vehicle" has the same meaning as in Title 29-A, section 101, subsection 42.   [PL 2007, c. 464, §6 (NEW).]

E. [PL 2007, c. 618, §6 (RP); PL 2007, c. 618, §14 (AFF).]

F. "Motor vehicle oil" means any lubricating oil or other lubricant that is reclaimable and classified for use in an internal combustion engine or the transmission, gear box, hydraulic system, compressor or differential for a motor vehicle, including but not limited to natural, synthetic and rerefined motor oils, whether or not in retail containers.   [PL 2011, c. 211, §2 (AMD); PL 2011, c. 211, §27 (AFF).]

G. "Motor vehicle oil dealer" means any person, firm or corporation engaged in the business of producing, packaging or otherwise preparing motor vehicle oil for market, or selling or distributing motor vehicle oil.   [PL 2007, c. 618, §8 (NEW).]

H. [PL 2011, c. 211, §2 (RP); PL 2011, c. 211, §27 (AFF).]

[PL 2011, c. 211, §2 (AMD); PL 2011, c. 211, §27 (AFF).]

2.  Creation; sources of fund.  The Waste Motor Oil Revenue Fund is established. The fund consists of:

A. All money appropriated for inclusion in the fund;   [PL 2007, c. 464, §6 (NEW).]

B. Subject to any pledge, contract or other obligation, all interest, dividends or other pecuniary gains from investment of money in the fund;   [PL 2007, c. 464, §6 (NEW).]

C. Any other money available to the authority and directed by the authority to be paid into the fund; and   [PL 2007, c. 464, §6 (NEW).]

D. All revenue received from the State Tax Assessor pursuant to former subsection 6 and subsection 6-A.   [PL 2009, c. 434, §1 (AMD); PL 2009, c. 434, §84 (AFF).]

[PL 2009, c. 434, §1 (AMD); PL 2009, c. 434, §84 (AFF).]

3.  Application of fund.  Money in the fund must be applied to the payment of principal of, interest on, redemption premiums on or other costs of revenue obligation securities issued pursuant to section 1020-A and may, in whole or in part, be pledged or transferred and deposited as security for those securities. Money in the fund not immediately needed to meet the obligations of the authority as provided for in this subsection may be invested in such a manner as permitted by law. Any reasonable costs incurred by the authority in administering this fund may be taken from the money in the fund.

Notwithstanding any provision of this subchapter to the contrary, money in the fund may not be transferred from the fund or otherwise applied except as expressly provided in this subsection unless:

A. All amounts required by the trust documents securing those revenue obligation securities to be transferred to the trustee or to a paying agent have been transferred during the same calendar year;   [PL 2011, c. 211, §3 (NEW).]

B. All costs incurred, or projected by the authority to be incurred, in administering the fund in that calendar year have been funded through the transfer of such amounts to the authority; and   [PL 2011, c. 211, §3 (NEW).]

C. The completion of the transfer or other application does not result in a balance in the fund of less than $600,000.   [PL 2011, c. 211, §3 (NEW).]

[PL 2011, c. 211, §3 (AMD).]

3-A.  Excess revenue; application.  By April 15th annually, the authority shall determine whether, as of the immediately preceding December 31st, the fund contained more than $600,000, which is referred to in this subsection as "excess revenue." Excess revenue must be used to satisfy the following obligations in the following order each year, until the excess revenue is exhausted or the obligations have been satisfied, whichever comes first.

A. As the first obligation, an amount not to exceed $65,000 per year for payments to eligible motor vehicle oil dealers pursuant to section 1020-C. The amount available for reimbursement must be reported to the State Tax Assessor no later than April 15th annually.   [PL 2011, c. 211, §4 (NEW).]

B. [PL 2011, c. 211, §4 (NEW); MRSA T. 10 §1020, sub3A, ¶B (RP).]

C. [PL 2011, c. 211, §4 (NEW); MRSA T. 10 §1020, sub3A, ¶C (RP).]

D. As the 4th obligation, transfer of up to $1,000,000 per year to the Uncontrolled Sites Fund established under Title 38, section 1364, subsection 6 until $6,919,681.57 has been transferred for response costs incurred by the Department of Environmental Protection at the waste motor oil disposal site.   [PL 2011, c. 211, §4 (NEW).]

E. As the 5th obligation, an additional reimbursement from the fund to eligible motor vehicle oil dealers pursuant to section 1020-C. The amount available for reimbursement under this paragraph must be reported to the State Tax Assessor no later than April 15th annually.   [PL 2011, c. 211, §4 (NEW).]

F. As the 6th obligation, notwithstanding the $1,000,000 annual limit specified in paragraph D, an additional transfer of any remaining excess revenues to the Uncontrolled Sites Fund established under Title 38, section 1364, subsection 6 until the amount specified in paragraph D is paid in full.   [PL 2011, c. 211, §4 (NEW).]

[PL 2011, c. 211, §4 (NEW).]

4.  Accounts within fund.  The authority may divide the fund into separate accounts as it determines necessary or convenient for carrying out the purposes of this subchapter.

[PL 2007, c. 464, §6 (NEW).]

5.  Revolving fund.  The fund is a nonlapsing, revolving fund. All money in the fund must be continuously applied by the authority to carry out the purposes of this subchapter except as provided in subsection 3.

[PL 2007, c. 464, §6 (NEW).]

6.  Premium.

[PL 2007, c. 618, §10 (AMD); MRSA T. 10 §1020, sub-§6 (RP).]

6-A.  Premium.  In addition to any other tax or charge imposed under state or federal law, a premium is imposed on motor vehicle oil sold or distributed in the State as provided in this subsection. A motor vehicle oil dealer that makes the first sale or distribution of motor vehicle oil in the State shall pay the premium.

The premium is calculated as follows:

A. Diesel engine crankcase oil is subject to a premium of 35¢ per gallon;   [PL 2011, c. 211, §5 (NEW); PL 2011, c. 211, §27 (AFF).]

B. Gasoline engine crankcase oil sold or distributed in a container with a volume of 5 gallons or less is subject to a premium of 35¢ per gallon;   [PL 2011, c. 211, §5 (NEW); PL 2011, c. 211, §27 (AFF).]

C. Gasoline engine crankcase oil sold or distributed in a container with a volume of more than 5 gallons is subject to a premium of $1.10 per gallon; and   [PL 2011, c. 211, §5 (NEW); PL 2011, c. 211, §27 (AFF).]

D. All motor vehicle oil other than diesel engine crankcase oil and gasoline engine crankcase oil that is sold or distributed in a container with a volume of 16 gallons or less is subject to a premium of 35¢ per gallon.   [PL 2011, c. 211, §5 (NEW); PL 2011, c. 211, §27 (AFF).]

All premiums must be paid to the State Tax Assessor and are subject to the administrative provisions of Title 36, Parts 1 and 3 as though they were a sales tax liability. By the 20th day of each month, the State Tax Assessor shall notify the State Controller and the Treasurer of State of the amount of revenue attributable to the premium collected under this subsection in the previous month. When notified by the State Tax Assessor, the State Controller shall transfer that amount to the fund.

[PL 2011, c. 211, §5 (RPR); PL 2011, c. 211, §27 (AFF).]

7.  Effective date.  This section takes effect on October 1, 2007 and remains in effect until the later of June 30, 2018 and any date thereafter but no later than December 31, 2030 on which the authority notifies the State Tax Assessor that there are no outstanding revenue obligation securities that were issued pursuant to section 1020-A.

[PL 2007, c. 618, §12 (AMD).]

8.  Successor standards.

[PL 2011, c. 211, §6 (RP).]

SECTION HISTORY

PL 2007, c. 464, §6 (NEW). PL 2007, c. 618, §§2-13 (AMD). PL 2007, c. 618, §14 (AFF). PL 2009, c. 213, Pt. KKK, §§1, 2 (AMD). PL 2009, c. 434, §1 (AMD). PL 2009, c. 434, §84 (AFF). PL 2011, c. 211, §§2-6 (AMD). PL 2011, c. 211, §27 (AFF).