Section 640.220

There are multiple enactments of 640.220

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 640

Effective - 28 Aug 2026, 2 histories, see footnote   

  640.220.  Natural resources protection fund created — purpose — funding — administration — fund not to revert into general fund, when — transfer of certain sales and use tax, amount. — 1.  For the purpose of protecting the air, water and land resources of the state, there is hereby created in the state treasury a fund to be known as the "Natural Resources Protection Fund".  All funds received from air pollution permit fees, gifts, bequests, donations, or any other moneys so designated shall be paid to the director of the department of natural resources, transmitted to the director of revenue and deposited in the state treasury to the credit of an appropriate subaccount of the natural resources protection fund and shall be used for the purposes specified by law.  The air pollution permit fee revenues shall be deposited in an appropriate subaccount of the natural resources protection fund and, subject to appropriation by the general assembly, shall be used by the department to carry out the general administration of section 643.075.  The water pollution permit fee revenues generated through sections 644.052, 644.053, 644.054 and 644.061 shall be paid to the director of the department of natural resources, transmitted to the director of the department of revenue and deposited to the credit of the water pollution permit fee subaccount of the natural resources protection fund and, subject to appropriation by the general assembly, shall be used by the department to carry out the administration of sections 644.006 to 644.141.

  2.  Effective July 1, 1991, and before June 30, 2027, the provisions of section 33.080 to the contrary notwithstanding, any unexpended balance in the subaccounts of the natural resources protection fund that exceeds the preceding biennium's collections shall revert to the general revenue fund of the state at the end of each biennium.  Beginning July 1, 2027, any unexpended balance in the subaccounts of the natural resources protection fund that exceeds the preceding biennium's collections shall not revert to the general revenue fund of the state at the end of each biennium.  All interest earned on the natural resources protection funds shall accrue to appropriate subaccounts.

  3.  Beginning July 1, 2027, and annually on July first of each succeeding year, the commissioner of administration shall use taxable sales reports to estimate the amount of state general revenue sales and use tax derived from electric power distribution (NAICS code 221122, or its successor) in the immediately preceding calendar year and shall report such amount to the state treasurer.  The state treasurer shall transfer five percent of such general revenue sales and use taxes to the air pollution permit fees subaccount of the natural resources protection fund and such funds, subject to appropriation by the general assembly, shall be used by the department solely for the purpose of funding the air pollution control program.  Any provision of law to the contrary notwithstanding, amounts transferred in accordance with this subsection shall not revert to the general revenue fund of the state at the end of each biennium and shall be used solely for the purpose of funding the air pollution control program.

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(L. 1988 H.B. 1187, A.L. 1990 H.B. 1669 merged with S.B. 582, A.L. 2000 S.B. 741, A.L. 2026 S.B. 953 merged with S.B. 1033)