FISCAL NOTE

Date Requested: January 22, 2015
Time Requested: 03:43 PM
Agency: Environmental Protection, Department of
CBD Number: Version: Bill Number: Resolution Number:
2088 Introduced HB2004
CBD Subject: Environment


FUND(S):

3336

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.


To perform a comprehensive analysis and prepare a satisfactory report pursuant to the bill, the DEP must hire one or more consultants. Because the analysis is based on impacts of a federal regulation that will not be published as a final rule until mid-summer, the work needed from agency personnel and consultants is unknown at this time. Accordingly, the costs cannot be estimated with reasonable certainty at this time. A rough estimate is provided below.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2015
Increase/Decrease
(use"-")
2016
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 500,000 0
Personal Services 0 0 0
Current Expenses 0 500,000 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):


It is expected that one or more outside consultants would be needed, in addition to significant internal resources. Consultant costs will be at a premium because most individual state plans will be due at the same time. Obtaining services following current procurement procedures could not be accomplished in the time frame the bill requires for deliverables to be provided to the legislature. Costs cannot be more accurately estimated without responses to Requests For Proposal (RFP) from qualified consultants. It is expected that such consultants will be in high demand. The increase in current expenses would be a one-time expenditure for consultant(s) to perform the analyses and produce a draft.



Memorandum


Many complex issues are presented by the EPA's proposal to regulate carbon dioxide emissions from existing power plants. Because the proposed rule is not expected to be finalized until July or August 2015, any projection of the expected impacts will be speculative before that time. After that time, the DEP is likely to need to devote significant internal resources in developing a state plan. EPA's proposal contemplates that states may join together to develop regional plans. If this aspect of the proposal is part of the final EPA rule, the DEP will need time to explore regional plan options (such plans are projected to significantly reduce compliance costs). The tasks necessary to develop the framework for a state or regional plan are likely to take more than the six months allowed by the bill for analysis and a report to the legislature. The time the analysis and report will take is likely to compete with DEP staff time needed to work on a state or regional plan.



    Person submitting Fiscal Note: Jean Sheppard
    Email Address: jean.j.sheppard@wv.gov