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TWENTY-THIRD LEGISLATURE OF THE VIRGIN ISLANDS Territory of the Virgin Islands REGULAR/$pp@iyls SESSION 2000 ROLL CALL BillNo. _23 - 0259 Date: ei Jobo Short Title; TO provide an appropriation for operating expenses of the Business and Commercial Properties Revolving Fund of the Government of the Virgin Islands during the Fiscal Year October 1, 2000 to September 30. 2001 (Closed Rule) LEGISLATIVE HISTORY (a) Introduced and sent to Committee on...........000.ccccceeeeeeceeeeseeeen Date Fc- eons tene notes ncnaecueoeyeseveee (b) Reported from Committee and sent to Rules Of........ssscsscssessesesssssessesserseseevesessessessesseeseereeseceeeseee CC). Reported from @omnittcn on Riles... dexcvonucsoacvosansnsenexsurcvuprxedsewesannvsiavivideeseedvtesaccavpbetieccds-: (@). Recalled from Committers by Special Ordert.....:c.cacacservceerassncasneceeaacdeqavvssdederesucancjuevndertesstlaceoosc, EMME °C cies tons Lee EES nr eee ee eee Seatre) eeraeig GE eR ae Sec ranetdteee tlt xcenerenevngnana nv sxrwxsvamnnngrscsmcantneensnenaaansccavvrsausnsis seater ine QS RSE reer R ek Sa disco lahdD adsdOkzo, soe Rucsbdseh ee ew LT Se (h) Reconsidered by Legislature and passed or rejected RETNA RCTIMINT 6 NCD vee hn ela we atc ee od ca RA pega orem MEMBERS YEA NAY NOT VOTING ABSENT BENNERSON, Gregory A. BERRY, Lorraine L. BRYAN, Adelbert M. Cc” %, Donald “Ducks” 7 F tH | DAVID, Roosevelt St. C. a) DONASTORG, Adlah “Foncie” GOLDEN, Violet Anne GOMEZ, Judy M. GOODWIN, George E. MUR] IQ | RN HANSEN, Alicia “Chucky” A/ $2 Ch JN. BAPTISTE, Norman - JONES, David S. LIBURD, Almando “Rocky” & PETRUS, Allie-Allison RICHARDS Vargrave A. YQ NX Certified true and correc Z Y mle | CLERK SN - SU ie b be Ky N 12/12/00 - REPORTED OUT TO THE FLOOR 12/01/00 - AMENDED AND REPORTED OUT TO THE COMMITTEE ON RULES BILL NO. 33-0057 Twenty-Third Legislature of the Virgin Islands of the United States OCTOBER 5, 2000 To provide an appropriation for operating expenses of the Business and Commercial Properties Revolving Fund of the Government of the Virgin Islands during the Fiscal Year October 1, 2000 to September 30, 2001 PROPOSED BY: Senators Lorraine L. Berry, Gregory A. Bennerson, Roosevelt St. C. David, Violet Anne Golden, George E. Goodwin, David S. Jones, Allie-Allison Petrus and Vargrave A. Richards JINoanh @N = mm © BE IT ENACTED by the Legislature of the Virgin Islands: SECTION 1. The following sum, or so much thereof as may be necessary, is hereby appropriated out of funds in the Business and Commercial Properties Revolving Fund for the operating expenses, including wages of salaried employees, of the Department of Property and Procurement, Business and Commercial Properties Administration, in administering the said fund during the Fiscal Year beginning October 1, 2000 and ending September 30, 2001, as hereinafter specified: ORG 3200 Dept. Property/Procure. C/CNTR $21708 Business & Commercial TOTAL C/CNTR 821708 1,821,296 TOTAL ORG 3200 1,821,296 TOTALFUND 321000 1,821,296 SECTION 2. The item of appropriation contained in this Act shall be reduced by the sum expended for the objects and purposes of such item between October 1, 2000 and the effective date of this Act, which sum was expended pursuant to section 9(e) of the Revised Organic Act of the Virgin Islands. BRO0-1391/ August 18, 2000/ :cdj S Territory of the Virgin Islands GL REGULAR/SPEE€TAL SESSION 19 yi | Bag pee (lbw 9 flctise) — LhengedeE LEGISLATURE OF THE VIRGIN ISLANDS lye oa : ROLL CALL VA Va WAL Bilt No, aa O 2 14 Date: 7, 14/68 Short Title: LEGISLATIVE HISTORY (a) Introduced and sent to Committee OM.....seessesssescsessseeeecceseeseeecec cc, (b) Reported from Committee and sent to RULES Oft.e.sssssssnseressnesnennprnh wuniinpgp cc (c) Reported from Committee on RuleS.....cccceccceccssessesseceseccecseccccne.., (d) Recalled from Committee by Special Ordef...eeecccccccscsescssesceeeececces. a. (e) BIN as ce acaba eka oan opie eee, otal oe <i (f) PSST OTN ssi dnecannnemnsureonsnstsaxsveseswunisaseniciebasncieciseeasoeciacetenocoisth (g) Vetoed by Governor OM ea vane'sasenwat erste pose 80s d6tg edt es5E 8a yawns sacosacaveoseaavecans (h) Reconsidered by Legislature and passed or rejected OEE CG ISY OTTOTS "VCUD Oh cats chin tte Br lsdd cae oyeuntanncet ideas eanssdalnictes dace MEMBERS YEA | NAY | NOT VOTING ABSENT BERRY, Lorraine L. BY"AN, Adelbert M. / IBuxKE, Carol. CAMACHO, Miguel A. DAVID, Roosevelt St. C. DONASTORG, Adlah “Foncie” FRETT, Stephen “Smokey” . GOMEZ, Judy M. 3B HANSEN, Alicia “Chucky” H- JONES, David LIBURD, Almando “Rocky” PETRUS, Allie-Allison REDFIELD, Holland L. RICHARDS, Vargrave WHITE, Sr., Celestino A. . wee ew DOV OL OA Li bbw LyvUweL 7 ow 2 Ue kU ea camel Mees Te ; , AMENDMENT IN THE NATURE OF A SUBSTITUTE TO BILL NO. 22-0259 . OFFERED BY SENATORSADELBERT M. BRYAN, stegnen SmOne y " Erokond Aicraehucky? Hansen Bill No, 22 - 0159 is amended by deleting all the language after the enabling clause and inserting in lieu thereof the following:- “WHEREAS, the Governor of the Virgin Islands submitted to the Legislature of the Virgin Islands for ratification an agreement entitled "Third Extension and Amendment Agreement’ (‘Agreement’) ; | -@entered into between the Government of the Virgin Islands. - (‘Government’), Hess Oil Virgin Islands Corporation (*HOVIC") and 9 -PDVSA V.L., Inc. (PDVSA); and an . WHEREAS, the Legislature of the Virgin Islands received testimony from the Government's negotiating team, officials: of HOVIC and PDVSA and the public at large during deliberations on ' the said Agreement; and . WHEREAS, the Legislature of the Virgin Islands recognizes and appreciates the significant contribution HOVIC has made to the - economy and welfare of the people of the Virgin Islands; and SENT BY :STX LEG LEG COUNSEL | ; 5-18-98 ;:10:56AM ; STX LEG LEG COUNSEL 3406333653 1# 2/ 5 on | _ 5 WHEREAS, the Legislature of the Virgin Islands recognizes the efforts of both HOVIC and the Government's negotiating team in attempting to draft a settlement Agreement which was acceptable to both parties; and WHEREAS, according to the 1992 audit report on Hess Oil Virgin Islands Corporation's Economic Impact on the Virgin i ailinae written by the United States Department of the Interior, Office of the Inspector, between 1987 and 1990, HOVIC discharged between 1.5 ° million and 2.1 million pounds of toxic chemicals into the ground each year. Of the 19 toxic chemicals tracked by the Environmental 2S ) Protection Agency, the levels of 11 chemicals had increased during , the period while levels of the other 8 chemicals either remained the same or declined. Among the 19 toxic chemicals released to HOVIC’s operations were 4 known carcincinogens; asbestos, benzene, carbon tetrachloride and nickel compounds; and WHEREAS, in December of 1996, Amerada Hess and HOVIC | entered into a plea agreement for shipping hazardous waste, spent distillate desulfirizer catalyst, from the HOVIC refinery to various locations in the United: States, where HOVIC entered a guilty plea to -3- a one count information charging it with causing hazardous waste to be transported without a manifest in violation of Title 42, USC, Section 6928 (d)(5), paid a $3 million criminal fine, paid $2.3 million in restitution’ community service and agreed to “comply with EPA reporting requirements contained in the plea agreement relating to spent distillate desulfurizer catalyst at the HOVIC refinery; and WHEREAS, on September 24, 1996 the EPA commenced an administrative proceedings agzinst Amerada Hess’ and HOVIC for . ‘allegedly not determining whether two wastes generated from maintenance activities at Hovel’s refi inery \ were hazardous, and that ‘on six occasions in 1994, these wastes were placed on HOVIC's land treatment units in violation of federal land disposal restrictions regulations, ‘EPA is seekitig a penalty of $165, 917. HOVIC and: . Registrant are . engaging... in. settlement discussions. with EPA regarding this matter...[n light.of these facts, the,Legislature feels that more environmental safeguards should be guaranteed by HOVIC and the joint venture; and Py SENT BY:STX LEG LEG COUNSEL . ; 5- -18- -38 +10°57AM : STx LEG LEG COUNSEL~3406833659 -~4- WHEREAS, after lengthy review, analysis and consideration of the testimony on the Agreement as submitted, there appears to be serious concerns which precludes the ratification, such as: 1. The joint venture is being given twelve years to construct the coker plant and receive tax benefits until that time. The Legislature feels that that period is unreasonable under the circumstances the contract should specify a specific date of start up, construction and the manufacture of commercial quantities: es of marketable products not ° to exceed a | Period of five years; 2. The contract should restrict the number of years to seven for the recovery of the $1.2 billion net st operating loss (NOL) or any other loss claimed: by the joint venture; 3, The amount of the lump sum paymentumd over iP on We profits of HOVIS ond POUSH’ 4. Environmental Safeguards. and the communities exposure to ~ eersghreeh. wt hazardous chemicals. WHEREAS, it is the sense of the Legislature of the Virgin Islands that should the id, Extension and Amendment Agreement be approved by the Legislature of the Virgin Islands in its present form, these areas of special concern may become. the basis # 4/ 5 at some future time for instability in the relationship between Hess Oil Virgin Islands Corporation and the Government of the Virgin Islands; Now, Therefore, BE IT ENACTED by the Legislature of the Virgin Islands: (1) The Governor of the Virgin Islands is hereby authorized t and directeryto initiate renegotiation sessions, within thty days from the enactment of this Act, with Hess Oil Virgin Islands Corporation and resubmit the results of h2 renegotiations to the Legislature of the - Virgin Islands.w it’ ne dl age Amendment #22-46g / May 18,1998 / CK:vs