FISCAL NOTE

Date Requested: February 08, 2016
Time Requested: 01:42 PM
Agency: Environmental Protection, Department of
CBD Number: Version: Bill Number: Resolution Number:
1935 Introduced HB4440
CBD Subject: Economic Development, Energy


FUND(S):

3321

Sources of Revenue:

Special Fund

Legislation creates:

Neither Program nor Fund



Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


    AS WRITTEN, THIS LEGISLATION WOULD RELEASE SURFACE MINE PERMITTEES' BONDS OR DEPOSITS IF THE LAND UNDER THE PROTECTION OF THE BOND/DEPOSIT IS DONATED TO AN ECONOMIC DEVELOPMENT AGENCY.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2016
Increase/Decrease
(use"-")
2017
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 0 0
Personal Services 0 0 0
Current Expenses 0 0 0
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):


    AS WRITTEN, THIS PROPOSED LEGISLATION WOULD NOT HAVE A FINANCIAL IMPACT ON THE WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION. HOWEVER, IT DOES APPEAR THAT IT WOULD HAVE AN IMPACT ON THE STATE TAX DEPARTMENT.



Memorandum


    CURRENTLY IN CODE, BONDS OR DEPOSITS ARE RELEASED ONCE MINING OPERATIONS HAVE CEASED AND THE PERMITTEE HAS COMPLIED WITH AN APPROVED RECLAMATION PLAN. IN ADDITION, STATE CODE REQUIRES THE PERMITTEE TO NOTIFY ADJOINING PROPERTY OWNERS, LOCAL GOVERNMENT BODIES, PLANNING AGENCIES, SEWAGE AND TREATMENT AUTHORITIES OR LOCAL WATER COMPANIES.
    
    WITH THIS PROPOSED LEGISLATION, IT APPEARS THAT THE PERMITTEE IS STILL REQUIRED TO REQUEST RELEASE OF THE BOND OR DEPOSIT AND IS REQUIRED TO NOTIFY THE PUBLIC. THE CHANGE ALSO RETAINS THE ABILITY FOR ANY PERSON WITH A VALID LEGAL INTEREST TO REQUEST A HEARING RELATED TO THE BOND RELEASE. BASED ON THESE TWO FACTORS, WE DO NOT THINK THE PROPOSED LEGISLATION WILL HAVE A FINANCIAL IMPACT ON THE WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION.



    Person submitting Fiscal Note: JEAN SHEPPARD
    Email Address: JEAN.J.SHEPPARD@WV.GOV