FISCAL NOTE
Date Requested: February 25, 2021
Time Requested: 02:25 PM |
| Agency: |
Environmental Protection, Department of |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 2452 |
Introduced |
SB427 |
|
|---|
| CBD Subject: |
Environment |
|---|
|
FUND(S):
Environmental Enforcement
Sources of Revenue:
Special Fund This bill does not specify a revenue source
Legislation creates:
Creates New Expense, Increases Existing Expenses
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
SB427 would require DEP inspectors to have probable cause prior to entering private lands, obtaining a warrant, or obtain express permission from the property owner to enter the property. The various divisions of DEP conduct approximately 35,000 inspections each year. The cost of obtaining warrants, and other related legal fees for these inspections, would have a devastating financial impact on the agency and ultimately affecting the agency's ability to effectively carry out its responsibilities specified in the Code.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2021
Increase/Decrease
(use"-") |
2022
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
4,375,000 |
17,500,000 |
17,500,000 |
| Personal Services |
0 |
0 |
0 |
| Current Expenses |
4,375,000 |
17,500,000 |
17,500,000 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
0 |
0 |
Explanation of above estimates (including long-range effect):
The cost of obtaining a warrant, attorney fees, and other related legal costs has been estimated at $500 per inspection. DEP, through its various divisions, conducts approximately 35,000 inspections per year. The total estimated cost of complying with the new requirements of SB427 could cost DEP $17,500,000 annually, upon full implementation, to maintain the current level of inspections conducted. During FY2021, in enacted during the last quarter, it could cost DEP $4,375,000 in legal costs to conduct inspections.
Memorandum
This regulation change would require federal agencies, such as OSM and EPA, to reassess our enforcement programs that have primacy because this bill will likely cause inconsistencies with our federal counterparts. If primacy is lost, then EPA and OSM would be required to do the enforcement in the State of WV.
Person submitting Fiscal Note: Gary W Rogers
Email Address: gary.w.rogers@wv.gov