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

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(h) Reconsidered by Legislature and passed or rejected

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MEMBERS YEA NAY NOT VOTING ABSENT



BENNERSON, Gregory A.



BERRY, Lorraine L.



BRYAN, Adelbert M.



Cc” %, Donald “Ducks”



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| DAVID, Roosevelt St. C.



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DONASTORG, Adlah “Foncie”



GOLDEN, Violet Anne



GOMEZ, Judy M.



GOODWIN, George E.



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HANSEN, Alicia “Chucky” A/ $2 Ch



JN. BAPTISTE, Norman



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JONES, David S.



LIBURD, Almando “Rocky”



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PETRUS, Allie-Allison



RICHARDS Vargrave A.



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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



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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

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Territory of the Virgin Islands GL

REGULAR/SPEE€TAL SESSION 19



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LEGISLATURE OF THE VIRGIN ISLANDS



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: ROLL CALL VA Va WAL

Bilt No, aa O 2 14 Date: 7, 14/68

Short Title:

LEGISLATIVE HISTORY

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(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.

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(h) Reconsidered by Legislature and passed or rejected

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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.

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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