This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0172 - Increases penalties for violations of utility laws
SB 172 - Fiscal Note

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO.: 0649-01

BILL NO.: SB 172

SUBJECT: Public Service Commission; Utilities

TYPE: Original

DATE: January 29, 1999


FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS

FUND AFFECTED FY 2000 FY 2001 FY 2002
None $0 $0 $0
Total Estimated

Net Effect on All

State Funds

$0 $0 $0



ESTIMATED NET EFFECT ON FEDERAL FUNDS

FUND AFFECTED FY 2000 FY 2001 FY 2002
None $0 $0 $0
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS

FUND AFFECTED FY 2000 FY 2001 FY 2002
Local Government $0 $0 $0



Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 3 pages.



FISCAL ANALYSIS

ASSUMPTION

Officials from the Department of Economic Development - Public Service Commission (PSC), Department of Economic Development - Office of Public Counsel (OPC) and the Department of Natural Resources (DNR) assume the proposed legislation would have no fiscal impact on their agencies.

Oversight assumes if a municipality is found to be in violation, a penalty would result and there would be a fiscal impact to the extent the of penalty amount cited in the proposed legislation.



FISCAL IMPACT - State Government FY 2000 FY 2001 FY 2002
(10 Mo.)
0 0 0
FISCAL IMPACT - Local Government FY 2000 FY 2001 FY 2002
(10 Mo.)
0 0 0
FISCAL IMPACT - Small Business
Small businesses could have a direct fiscal impact as a result of this proposal to the extent that the small utility/business would be subject to increased maximum penalty amounts for each violation ($10,000 instead of $2,000).


DESCRIPTION

The proposed legislation would revise certain penalties for violations by regulated utilities. The state penalty for violations of the federal Natural Gas Pipeline Safety Act of 1986 would be increased to match the federal penalty whenever so required by federal law. The maximum federal penalty for violations of such safety standards is a fine of up to $10,000 per violation, limited to $500,000 per related series of violations. The proposal would identify, as among the entities covered by this particular statute, municipalities owning gas plants.



DESCRIPTION (continued)

This legislation is federally mandated to the extent that Sections 60105 and 60122 of the Natural Gas Pipeline Safety Act of 1968 as amended (49 U.S.C., Section 60101 et.Seq.) mandate that the maximum penalty for violations of federal pipeline safety rules must be $25,000. However, the United States Department of Transportation currently requires states participating in the Pipeline Safety Grant Aid Program to have a $10,000 minimum penalty for violations.

This legislation would not duplicate any other program and would not require additional capital improvements or rental space.

This proposal would not affect Total State Revenues.



SOURCES OF INFORMATION

Department of Economic Development - Public Service Commission

Department of Economic Development - Office of Public Counsel

Department of Natural Resources







Jeanne Jarrett, CPA

Director

January 29, 1999