HB 1622-FN AS INTRODUCED
2016 SESSION
\t16-2422
\t06/09
HOUSE BILL\t1622-FN
AN ACT\trelative to radioactive waste and establishing a nuclear waste storage fee.
SPONSORS:\tRep. Cushing, Rock. 21; Rep. B. French, Merr. 6
COMMITTEE:\tScience, Technology and Energy
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ANALYSIS
\tThis bill reestablishes the high-level radioactive waste act and establishes a nuclear waste storage fee.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2422
\t06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to radioactive waste and establishing a nuclear waste storage fee.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Chapter. Amend RSA by inserting after chapter 125-S the following new chapter:
CHAPTER 125-T
High-Level Radioactive Waste Act
\t125-T:1 Statement Of Policy. The legislature opposes the siting of a high-level radioactive waste facility in the state of New Hampshire and finds that the northeast is an unsafe and hydrogeologically and geologically inappropriate area in which to locate a site for the permanent disposal of high-level radioactive waste. The legislature further finds that it is in the best interests of the state to establish procedures to provide advocacy for the people of the state before the federal government and for a maximum of public participation in the assessment process in order to assure that the federal Department of Energy will consider the unique features of the state and the needs of the people of the state when assessing the state as a potentially suitable location for the long-term or temporary storage or permanent disposal of high-level radioactive waste.
\t125-T:2 Definitions. In this chapter:
\t\tI. “Consultation” means the sharing of information on planned
nuclear waste programs and activities and the right of others to review, comment, and offer recommendations on such activities.
\t\tII. “Densely populated area” means any area in which more than 500 people are located within the proposed control area of a proposed site of a permanent repository for the disposal of radioactive waste.
\t\tIII. “Federal Department of Energy” means the United States Department of Energy or any successor agency, including its contractors or subcontractors, which is assigned responsibility for the long-term or temporary storage or permanent disposal of high-level radioactive waste or any waste not classified as low-level radioactive waste by the Nuclear Regulatory Commission.
\t\tIV. “High-level radioactive waste” means:
\t\t\t(a) Irradiated reactor fuel;
\t\t\t(b) Liquid wastes resulting from the operation of the first cycle solvent extraction system, or equivalent, and the concentrated wastes from subsequent extraction cycles, or equivalent, in a facility for reprocessing irradiated reactor fuel;
\t\t\t(c) Solids into which such liquid wastes have been converted;
\t\t\t(d) Other highly radioactive material that the Nuclear Regulatory Commission, consistent with existing law, has determined by rule requires permanent isolation; and
\t\t\t(e) Any nuclear waste not classified as low-level radioactive waste by the Nuclear Regulatory Commission.
\t\tV. “Office” means the office of energy and planning.
\t\tVI. “Nuclear” means high-level radioactive.
\t\tVII. “State radiation control agency” means the department of health and human services.
\t125-T:3 Office of Energy and Planning.
\t\tI. The office of energy and planning shall serve as the initial agency in this state to be contacted by the federal Department of Energy or any other federal agency on any matter related to the long-term or temporary storage or permanent disposal of high-level radioactive waste.
\t\tII. The office shall serve as the initial agency in this state to receive any report, study, document, information or notification of proposed plans from the federal Department of Energy or any other federal agency on any matter related to the long-term or temporary storage or permanent disposal of high-level radioactive waste. Notification of proposed plans includes notification of proposals to conduct field work, on-site evaluation, on-site testing, or any other related studies, or any activities involving federal presence in New Hampshire related to the long-term or temporary storage or permanent disposal of high-level radioactive waste.
\t\tIII. The office shall disseminate or arrange with the federal Department of Energy or other federal agency to disseminate in a timely manner information received under paragraph II to appropriate state agencies, appropriate local units of government, and interested citizen groups and citizens.
\t\tIV. The office shall respond to contacts made under paragraph I and information received under paragraph II if a response is appropriate. The office shall consult with the appropriate state agencies and affected local units of government.
\t\tV. The office shall adopt rules, under RSA 541-A, relative to procedures necessary to enable it to discharge its duties and powers under this chapter and to carry out the purposes and objectives of this chapter, including but not limited to:
\t\t\t(a) The further definition of “related studies” in RSA 125-T:3, II;
\t\t\t(b) The further definition of the term “timely manner” in RSA 125-T:3, III;
\t\t\t(c) The further definition of “interested citizen groups” in RSA 125-T:3, III;
\t\t\t(d) The procedures for its review of fund applications under RSA 125-T:6, including further definition of what is consistent with the state’s nuclear waste policy, and what is in the best interest of the state relative to the long-term or temporary storage or permanent storage of high-level radioactive waste; and
\t\t\t(e) Application and permit requirements for site studies in addition to the requirements under RSA 125-T:13.
\t125-T:4 Office as Advocate. The office shall serve as an advocate on behalf of the citizens of this state before the federal Department of Energy and other federal agencies on matters related to the long-term or temporary storage or permanent disposal of high-level radioactive waste.
\t125-T:5 Educational Programs. The office shall promote and coordinate educational programs which provide information on the nature of high-level radioactive waste; the long-term or temporary storage or permanent disposal of these wastes; the activities of the office; and the activities of the federal Department of Energy and other federal agencies related to the long-term or temporary storage or permanent disposal of high-level radioactive waste.
\t125-T:6 Review of Fund Applications. The office shall review any application to the federal Department of Energy or other federal agency or its contractor, by a state agency, or any other person including the state institutions of higher learning, a local unit of government, or a regional planning commission or any other person for funds for any program related to the long-term or temporary storage or permanent disposal of high-level radioactive waste. If the office finds that, the application is not consistent with the state’s nuclear waste policy or, that the application is not in the best interests of the state, the office shall forward its findings to the, governor, the speaker of the house of representatives and the president of the senate, and the federal agency to which the application for funds is being, made. If the office finds that the application of a state agency is not consistent with, the state’s nuclear waste policy or that the application of a state agency is not in the best interests of the state, the findings forwarded to the governor shall include a recommendation that the governor take action as necessary to safeguard the interests of the state by stipulating certain conditions for the acceptance of the funds.
\t125-T:7 Office to Cooperate With Congress and With Other States. The office shall monitor activity by Congress and the federal government related to the long-term or temporary storage or permanent disposal of high-level radioactive waste. The office may advise the New Hampshire congressional delegation of action which is necessary to protect the interests of the state and may work with the congressional delegations and the state governments of other affected northeastern states.
\t125-T:8 State to Intervene. In appropriate cases, the office shall request the state attorney general to institute or intervene in judicial proceedings to protect the state’s interests, enforce the state’s policy, and present the state’s point of view on matters related to the long-term or temporary storage or permanent disposal of high-level radioactive waste.
\t125-T:9 Application for Area or Site Studies. A separate application shall be made for each stage of the process of evaluating and selecting a site for the long-term or temporary storage or permanent disposal of high-level radioactive waste. An application to conduct area or site characterization studies or any phase of such a study which is filed pursuant to this chapter shall contain the following information and materials:
\t\tI. A description of the proposed activities, including maps, present and proposed development, and geological, seismic, ecological, hydrological, biological, aesthetic, social, demographic and related data, as appropriate.
\t\tII. A statement of the ownership and other financial interests in the proposed facility.
\t\tIII.\t An estimate of the costs of the proposed activities, if any, and the source of the funds.
\t\tIV. A statement of the need for the proposed activities, including the source, type, and composition of the nuclear waste proposed to be received for testing, storage, or disposal at the facility.
\t\tV. A statement of the environmental impact of the proposed action, including short-term and long-term effects, mitigation measures proposed to minimize the environmental impact, and any adverse environmental effects which could not be avoided should the facility be constructed, maintained and operated.
\t\tVI. A statement of the socioeconomic impact of the proposed action, including the short-term and long-term effects, mitigation measures proposed to minimize the socioeconomic impact, and any adverse socioeconomic effects which could not be avoided should the facility be constructed, maintained and operated.
\t\tVII. An assessment of the safety and adequacy of the in-state transportation system to the site for each state including characterization, construction, operation and maintenance. The assessment shall include mitigation measures to be employed to minimize negative impacts during transportation and actions to be taken to restore the system from any adverse impacts which could not be avoided.
\t\tVIII. A complete resume of the applicant’s expertise and experience in all other fields of study in relation to high-level radioactive waste storage and disposal, including the general conclusions, technical results, and findings of those activities.
\t\tIX. Plans for access to land, whether privately or publicly owned, in order to conduct studies including plans for access in the event that the owner refuses access.
\t125-T:10 Further Requirements for Site Studies.
\t\tI. Prior to the initiation of each and every phase of nuclear waste site characterization activities, including area characterization, the office shall require that a written agreement between the federal Department of Energy and the state shall be concluded in accordance with the provisions of this chapter.
\t\tII. At the completion of each phase of site characterization, including area characterization, and prior to the initiation of any subsequent phase of investigation, the federal Department of Energy shall prepare and administer an oral briefing for the office, interested members of the legislature, and the governor’s office, collectively, in which a synopsis of the previously completed study phase is detailed. The briefing shall include, at a minimum, the significant findings of the study, including those findings which could possibly preclude the site from being developed into a repository for the long-term or temporary storage or permanent disposal of high-level radioactive waste. Any noted deficiencies in the data base, interpretation of the data base, or conclusions or, recommendations regarding the data base, cited in writing by the technical community of the state or recorded in public hearings in the state, shall be addressed in the briefing. The methods by which those deficiencies were resolved or are to be addressed shall be identified by the Department of Energy during the briefing. The office shall determine the adequacy of the resolution of the noted deficiencies and shall prepare a written report of their findings. The office shall transmit the findings with a recommendation concerning a future course of action to the governor, the senate president, and the speaker of the house of representatives. If the findings and the recommendations indicate adequate identification of deficiencies and their resolution, the governor may recommend adoption of a jolt resolution authorizing initiation of additional phases of site characterization. If the findings and the recommendations indicate inadequate identification of deficiencies or their inadequate resolution, the governor may recommend that the conflict resolution procedure outlined in the agreement be initiated.
\t125-T:11 Office as Agent for Agreements.
\t\tI. The office shall serve as the agency in this state to negotiate written nuclear waste area or site characterization agreements and modifications or technical revisions to these agreements with the federal Department of Energy on any matter related to the long-term or temporary storage or permanent disposal of high-level radioactive waste.
\t\tII. The office shall serve as the agency in this state to negotiate such written agreements and modifications or technical revisions to these agreements with any federal agency other than the federal Department of Energy on any matter related to the long-term or temporary storage or permanent disposal of high-level radioactive waste.
\t\tIII. The office shall consult with the attorney general during the negotiation of any agreement or modification or technical revisions to an agreement executed under paragraph I or II. The attorney general shall prepare such written comments on any agreement or draft agreement being negotiated by the office as may be appropriate and necessary.
\t\tIV. The office shall hold at least one public hearing within the county or counties in which the site is located on any proposed agreement or modification or technical revision to an agreement negotiated under paragraph I or II. The office shall issue 30 days’ notice of the date and location of hearings conducted under this section. The office shall prepare a written summary of testimony presented at hearings conducted under this section and shall consider the need for modifications or technical revisions to the negotiated agreement as a result of the hearing.
\t125-T:12 Agreements With the Federal Department of Energy.
\t\tI. The office of energy and planning shall negotiate separate agreements with the federal Department of Energy concerning different stages of the process of evaluating and selecting a site for the long-term or temporary storage or permanent disposal of high-level radioactive waste. The office shall negotiate a separate agreement with the federal Department of Energy for the final stages of the selection of any site for the long-term or temporary storage or permanent disposal of high-level radioactive waste. Such agreements shall be in addition to the Consultation and Cooperation Agreement required by Public Law 97-425, section 117.
\t\tII. Any agreement negotiated by the office with the federal Department of Energy under this section shall include, but not be limited to:
\t\t\t(a) A general description of the roles of the state and the federal Department of Energy in the execution of the agreement.
\t\t\t(b) A compliance schedule which includes a list of significant events and stages which are expected to be reached as the federal Department of Energy assesses the suitability of the area or site for the long-term or temporary storage or permanent disposal of high-level radioactive waste and a description of the actions to be taken by the federal Department of Energy and the state at each event and stage.
\t\t\t(c) The criteria that the federal Department of, Energy shall use in evaluating the suitability of any area or site in the state for the long-term or temporary storage or permanent disposal of high-level radioactive waste.
\t\t\t(d) A requirement that the federal Department of Energy shall comply with all federal laws, state laws, and local ordinances and shall respect state sovereignty consistent with the United States Constitution and the Tenth Amendment to the United States Constitution, regardless of the ownership of the land on which the activity takes place.
\t\t\t(e) A requirement that the federal Department of Energy and any of its contractors or subcontractors shall provide the office with all reports and documents the office requests and any other relevant reports and documents in a timely manner and in accordance with any applicable law, regulation, or rule. The requirement shall specify that the federal Department of Energy shall not charge a fee for searching for or for supplying reports and documents requested by the office. The requirement shall specify that the federal Department of Energy shall provide the office with all reports and documents from contractors and subcontractors after the reports and documents are submitted to the federal Department of Energy, regardless of whether the reports and documents have received the final approval of the Department of Energy.
\t\t\t(f) A requirement that, upon request by the office, the federal Department of Energy shall provide the date, methods, and underlying assumptions used in the preparation of reports and documents in accordance with any applicable law, regulation, or rule.
\t\t\t(g) A requirement that the federal Department of Energy shall notify the office of any grants related to the long-term or temporary storage or permanent disposal of high-level radioactive waste from the federal Department of Energy to any person in this state.
\t\t\t(h) A requirement that the federal Department of Energy shall notify the office in a timely manner of any proposed field work, on-site evaluation, on-site testing, or similar activities it or any contractor or subcontractor intends to conduct and a requirement that the Department of Energy shall allow the office to monitor these activities by any appropriate means.
\t\t\t(i) A requirement that the federal Department of Energy shall provide the office in a timely manner with a copy of any requests for proposals and final contracts issued by the Department of Energy relating to the evaluation, selection, or construction of a site for the long-term or temporary storage or permanent disposal of high-level radioactive waste in this state.
\t\t\t(j) A provision that the federal Department of Energy shall agree to provide funds to be used to provide educational programs as set forth in RSA 125-T:5 and to review the activities of the Department of Energy and its contractors and subcontractors which relate to assessing the suitability of the site for the long-term or temporary storage or permanent disposal of high-level waste.
\t\t\t(k) A process for resolving disputes between the office and the federal Department of Energy, including disputes concerning alleged violations of the written agreement and disputes concerning technical assessments made by the Department of Energy. The process for resolving disputes concerning technical assessments made by the federal Department of Energy may involve a process of scientific review and mediation by an impartial and independent person.
\t\t\t(1) A requirement that the federal Department of Energy and the office shall identify impacts, including, but not limited to, economic impacts associated with studies related to the characterization of an area or site for its potential as a repository or the impacts associated with the development of a site as a repository for the long-term or temporary storage or permanent disposal of high-level radioactive waste and that the Department of Energy will provide a mechanism to mitigate those impacts.
\t\t\t(m) A requirement that if the federal Department of Energy selects a site in the state for construction of a repository for the long-term or temporary storage or permanent disposal of high-level radioactive waste, the Department of Energy shall prepare, prior to submission of an application to license or construct the repository, a repository plan which shall include descriptions of the Department of Energy’s plans for construction of the repository, transportation of wastes to the repository, operation of the repository, closing of the repository, and post-closure activities, including monitoring of the repository. The plan shall also include a description of methods of acquiring lands for the construction of a repository including any plans for the exercise of the power of eminent domain.
\t\t\t(n) A requirement that the location of any site for the long-term or temporary storage or permanent disposal of high-level radioactive waste shall not be in a densely populated area.
\t\t\t(o) A requirement that the federal Department of Energy shall develop in cooperation with state and local officials an emergency response plan which includes a federal commitment to train and equip appropriate state and local entities and maintain state and local emergency response capabilities through, closure of the repository.
\t\tIII. Any agreement negotiated by the office with the federal Department of Energy shall include a list of reasons for which the office may object to the selection of a site within this state for the long-term temporary storage or permanent disposal of high-level radioactive waste. These reasons shall include, but not be limited to, the following:
\t\t\t(a) The site or the transportation of waste to the site poses a danger to public health and safety or to the environment.
\t\t\t(b) The federal Department of Energy fails to address to the satisfaction of the office the potential socioeconomic effects of the site or of the transportation of waste to the site.
\t\t\t(c) The federal Department of Energy is violating or has violated a written agreement or revision approved under RSA 125-T:11.
\t\t\t(d) In the judgment of the office, the federal Department of Energy fails to comply with criteria, regulations, or standards of other federal agencies concerning the long-term or temporary storage or permanent disposal of high-level radioactive waste, including criteria which excludes a proposed site from consideration because of previous mining or drilling of any type within the area which could be affected by the construction of the site or by the heat resulting from the long-term or temporary storage or permanent disposal of high-level radioactive waste at the site.
\t\t\t(e) In the judgment of the office, the federal Department of Energy fails to use generally accepted scientific and technical practices in evaluating the suitability of a site for the long-term or temporary storage or permanent disposal of high-level radioactive waste.
\t\tIV. Any agreement negotiated by the office with the federal Department of Energy which does not comply with the requirements or standards prescribed in this section shall be void and of no effect.
\t125-T:13 Review of Site Selection; Recommendation.
\t\tI. If the federal Department of Energy selects a site in the state for construction of a repository for the long-term or temporary storage or permanent disposal of high-level radioactive waste, the office shall review the adequacy of the selected site and of the repository plan prepared by the federal Department of Energy pursuant to RSA 125-T:12, 11(m). The review shall include a full scientific review of the adequacy of the selected site and the repository plan. The office may utilize recognized experts in conducting its scientific review. The office shall conduct at least one public hearing in the affected county on the repository plan and shall make available to the public arguments and evidence for and against the repository plan. The office shall provide 30 days’ notice of the date and location of the public hearing. The office shall solicit comments from appropriate state agencies, local units of government, and interested citizen groups on the adequacy of the selected site and the repository plan. The office shall make these comments available to the public.
\t\tII. After completing the review, the office shall submit a recommendation, complete with supporting reasons for the recommendation, to the speaker of the house of representatives, the senate president, and the governor on the issue of the site and repository plan selected by the federal Department of Energy. The governor, after review of the recommendation and findings of the office, may confer with the office, representatives of state agencies, institutions of higher learning, or representatives of the affected county or locality. The governor, thereafter, shall recommend appropriate legislation to the legislature relating to the establishment of a long-term or temporary storage or permanent disposal facility for high-level radioactive waste. There shall be no further activity by the Department of Energy related to the long-term or temporary storage or permanent disposal of high-level radioactive waste in the state while legislation proposed by the governor or the legislature relative to such topic is being considered by the legislature.
\t125-T:14 Office to Implement Agreements. The office shall implement all agreements, modifications, and technical revisions approved pursuant to this chapter. In doing so, the office may solicit the views of appropriate state agencies, local units of government, and interested citizen groups.
\t125-T:15 Finance. The office shall attempt to finance all of its expenses from moneys received from the federal Department of Energy and other federal agencies and from other grants for which the office may apply.
\t125-T:16 Assistance From State Agencies. The office shall rely on the expertise of staff in other state agencies and may utilize recognized experts to assist the office in its duties whenever possible, and these other state agencies shall assist the office as much as possible in fulfilling its duties.
\t125-T:17 Enactment of Chapter Not Acceptance. Nothing in this chapter shall be interpreted by the federal government or the federal Department of Energy as acceptance by the people of this state of a site for the long-term or temporary storage or permanent disposal of high-level radioactive waste.
\t125-T:18 Penalties. Any person who is convicted of violating the provisions of this chapter shall be guilty of a misdemeanor and, notwithstanding the provisions of title LXII, shall be punished by a fine of $1,000 for each day upon which the violation occurred. Upon violation or upon reasonable belief of violation of this section, the attorney general shall institute proceedings for injunctive relief in the superior court of the county in which the violation occurred to require the immediate cessation of any testing, on-site evaluation, or any other site evaluation or selection procedure regarding possible use of any crystalline rock formation or other geologic structure within the jurisdiction of the state, the immediate cessation of transportation of high-level radioactive waste or other high-level radioactive material to the site, and the immediate removal from the state of such materials already located on the site.
\t125-T:19 Spent Nuclear Fuel Storage Fee. A fee of $500,000 shall be assessed annually for each dry cask which stores spent nuclear fuel. The fee shall be collected and enforced by the office of energy and planning. The moneys from the fee shall be deposited in the renewable energy fund established under RSA 362-F:10.
\t2 Repeal. RSA 125:77-b, relative to prohibition on receiving, storing, or disposing of radioactive waste, is repealed.
\t3 Effective Date. This act shall take effect 60 days after its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2422
\t\t\t\t\t\t\t\t\t\t\tRevised 1/25/16
HB 1622-FN- FISCAL NOTE
AN ACT\trelative to radioactive waste and establishing a nuclear waste storage fee.
FISCAL IMPACT:
The New Hampshire Office of Energy and Planning, Department of Justice, Department of Environmental Services, and Judicial Branch state this bill, as introduced, will increase state restricted revenue by approximately $7,000,000 in FY 2017 and by an indeterminable amount in FY 2018 and each year thereafter, may increase county and local revenue by an indeterminable amount in FY 2017 and each year thereafter, and may increase state expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no fiscal impact to county and local expenditures.
METHODOLOGY:
The New Hampshire Office of Energy and Planning (OEP) states this bill establishes the OEP as the agency responsible for negotiating with the federal government on matters related to the long-term or temporary storage or permanent disposal of high-level radioactive waste in consultation with the Department of Justice. OEP would be responsible for notifying stakeholders of events, conducting education outreach, promulgating administrative rules, negotiating siting agreements, establishing criteria for waste storage sites, monitoring field work, on-site evaluation, on-site testing, and similar activities. This bill establishes a fee of $500,000, which OEP shall assess annually to each dry cask which stores spent radioactive fuel, that shall be deposited into the renewable energy fund. OEP assumes the fourteen dry casks at Seabrook Station will be taxed and generate approximately $7,000,000 of state revenue annually. If Seabrook Station increases the number of dry casks in the future then revenues would increase.
OEP states this bill requires it to attempt to finance its operations from moneys received from federal agencies and other applicable grants. OEP assumes such amounts will be insufficient to cover its operational costs. To execute the requirements of this bill OEP assumes it will need to hire consultants for technical support at a cost of $200,000 annually and hire three new employees. OEP estimates it will need to purchase $5,350 of equipment for each new employee in FY 2017 (3 employees * $5,350 = $16,050) and it will spend about $350 on travel and current expenses on each employee each year in FY 2017 through FY 2020 (3 employees* $350 = $1,050). The following table provides the estimated salary and benefits costs:
Estimated Salary & Benefits | ||||
| FY 2017 | FY 2018 | FY 2019 | FY 2020 |
Radiation Health Physicist IV (LG 29) | $86,000 | $92,000 | $96,000 | $101,000 |
Program Specialist IV (LG 25) | $75,000 | $80,000 | $84,000 | $89,000 |
Attorney III (LG 30) | $89,000 | $95,000 | $100,000 | $105,000 |
Total | $250,000 | $267,000 | $280,000 | $295,000 |
This bill does not contain an appropriation or authorization for new positions.
The OEP assumes the sections of the bill attempting to constrain the federal government may lead to legal action by the federal government against the State, potentially having an impact on state expenditures. Additionally, the OEP states that sections of this bill may be preempted by federal law.
The Department of Justice states this bill may increase state expenditures by an indeterminable amount. The Department states it would be able to provide legal counsel to OEP to establish administrative rules within its current budget. However, the Department may need to retain outside counsel with an expertise in the area of disposal of radioactive waste to provide guidance in the event the federal government notified OEP of any plan or proposal to dispose of radioactive waste in the state. The Department estimates such an attorney costs approximately $750 per hour.
The Department of Environmental Services states this bill could increase the number of federal grants obtained by state, county, and local governments. Revenue generated from the spent nuclear fuel storage fee and deposited in the Renewable Energy Fund could result in grants that would further provide revenue to state, county, or local governments for renewable energy initiatives. The Department states it may need to provide assistance to OEP wherein Department experts in groundwater and surface water hydrology would be asked to comment on the site and repository plans.
The Judicial Branch states this bill establishes an unspecified misdemeanor for any person violating the provisions included in this bill. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor. Further, upon a violation or reasonable belief of violation, the Attorney General may initiate proceedings for injunctive relief in superior court, which are classified as complex equity cases. There is no method to determine how many charges would be brought as a result of this bill to determine the fiscal impact on expenditures. The table below provides the potential costs associated with the penalties included in this bill:
| FY 2017 | FY 2018 |
Judicial Branch* |
|
|
Class B Misdemeanor | $50 | $53 |
Class A Misdemeanor | $70 | $74 |
Complex Equity Case | $717 | $740 |
Appeals | Varies | Varies |
*It should be noted average case cost estimates for FY 2017 and FY 2018 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. | ||
The Department of Safety, Department of Health and Human Services, and Judicial Council state this bill will have no fiscal impact on their operations.