Fiscal Note - SB 0460 - Court Appeals of Water Pollution Permit Decisions
L.R. NO. 1765-01
BILL NO. SB 460
SUBJECT: Court Appeals of Water Pollution Permit Decisions
TYPE: Original
DATE: March 18, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
General Revenue (Unknown) (Unknown) (Unknown)
Natural Resource
Protection Fund (Unknown) (Unknown) (Unknown)
Total Estimated
Net Effect on All
State Funds (Unknown) (Unknown) (Unknown)
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None $0 $0 $0
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Local Government $0 $0 $0
FISCAL ANALYSIS
ASSUMPTION
The Office of the Attorney General assumes there would be no impact to their
agency as a result of this proposal.
The Office of the State Courts Administrator (CTS) assumes this proposal
would permit any resident or entity doing business in Missouri to appeal any
DNR decision on a water pollution permit to circuit court which substantially
increases the parties who would have standing to sue in a water quality
permit case. There would be a potential for one or more legal challenges on
any permit action.
The CTS assumes, depending on how many groups or individuals might seek
judicial review, the circuit court in Cole County could experience a
substantial increase in civil litigation. In FY 96, there were approximately
9,000 filings of all types in Cole County and 9,000 dispositions. The
current state budget for the Cole county circuit court is about $915,000 per
year. Thus, depending upon what assumptions are made regarding the
proportion of permits that would be appealed, the impact on the CTS could be
significant.
The Department of Natural Resources (DNR) assumes Section 509 of the Clean
Water Act provides that any interested person may obtain judicial review in
the United States Court of Appeals of the administrator's action in issuing
or denying any permit under Sec. 402 of the Clean Water Act. EPA amended its
regulations concerning the minimum requirements for federally authorized
state permitting programs under Section 402 of the Clean Water Act. The
amendment requires all states that administer a program under this part
provide an opportunity for judicial review in State Court of final permit
decisions that is sufficient to provide for, encourage, and assist public
participation in the permitting process.
EPA's rule became effective June 7, 1996. Under EPA's State 402 program
rules, states have up to two years to adopt legislative changes, if
necessary, to meet this requirement and maintain federal program
authorization.
DNR assumes the Clean Water Commission makes approximately 2,000 final
permitting actions annually. According to the proposed legislation, anyone
living in or any entity doing business in the State of Missouri may appeal
the final decision of the Commission regarding an application for a permit.
Therefore, the department assumes that the number of permits that could be
appealed could range from 0 to the approximate 2,000 annually. The legal
costs associated with these appeals are unknown.
Oversight assumes this proposal increases the number of people who would be
allowed to bring action against the DNR for a permit decision. Because it is
possible that on any particular permit an individual, business, or special
interest group would be dissatisfied with the DNR's action, the number of
appeals could increase. Based on the experience of several other states who
currently allow this type of appeal, as summarized in an EPA document, the
increased filings have been minimal. The increased number of appeals that
would be filed, or the costs the state would incur as a result of the
additional appeals, while expected to be minimal, cannot be determined.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(10 Mo.)
GENERAL REVENUE FUND
Costs - CTS
Increased costs due to increased
filing of appeals (Unknown) (Unknown) (Unknown)
NATURAL RESOURCE PROTECTION
FUND - (Water Pollution Permit Fee Subaccount)
Costs - DNR
Increased costs due to increased
filing of appeals (Unknown) (Unknown) (Unknown)
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Small Business
There may be an impact to small businesses as this proposal allows them to
appeal the Clean Water Commission's final actions regarding an application
for a permit to a circuit court.
DESCRIPTION
This act would allow any Missouri resident and any entity doing business in
Missouri to appeal a water pollution permit decision of the Clean Water
Commission to circuit court. Such appeal shall be conducted pursuant to
Chapter 536, RSMo.
This legislation is federally mandated by Section 402 of the Federal Clean
Water Act. It would not duplicate any other program and would not require
additional capital improvements or rental space.
SOURCES OF INFORMATION
Department of Natural Resources
Office of the Attorney General
Office of the State Courts Administrator
This Fiscal Note is not an official copy and should not be quoted or cited.