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Fiscal Note & Local Impact Statement

127 th General Assembly of Ohio

Ohio Legislative Service Commission

77 South High Street, 9th Floor, Columbus, OH 43215-6136 Phone: (614) 466-3615

Internet Web Site: http://www.lsc.state.oh.us/

BILL:

H.B. 169

DATE:

May 11, 2007

STATUS:

As Introduced

SPONSOR:

Rep. Wagner

LOCAL IMPACT STATEMENT REQUIRED:

No

Minimal cost

 


CONTENTS:

Requirements governing the disposal and collection of used lead-acid batteries

 

State Fiscal Highlights

 

STATE FUND

FY 2008

FY 2009

FUTURE YEARS

Environmental Protection Agency Fund 4K3, Solid Waste

Revenues

- 0 -

- 0 -

- 0 -

Expenditures

Potential increase in administrative costs

Potential increase in administrative costs

Potential increase in administrative costs

Environmental Protection Agency Fund 505, Hazardous Waste Clean-Up

Revenues

Potential gain in civil penalty revenue

Potential gain in civil penalty revenue

Potential gain in civil penalty revenue

Expenditures

- 0 -

- 0 -

- 0 -

Note: The state fiscal year is July 1 through June 30. For example, FY 2007 is July 1, 2006 June 30, 2007.

 

        The bill requires the Director of the Ohio Environmental Protection Agency (EPA) to prescribe signs stating the bill's provisions for posting by retailers. According to the Ohio EPA, any additional work created by this requirement will most likely be absorbed into current enforcement and operating duties. EPA expects enforcement to be carried out by the Division of Hazardous Waste Management and the Division of Solid Waste and Infectious Waste Management.

        The bill requires any civil penalties collected for violations to be paid into the Hazardous Waste Clean-Up Fund.

Local Fiscal Highlights

 

LOCAL GOVERNMENT

FY 2007

FY 2008

FUTURE YEARS

Counties and Municipalities

Revenues

Potential gain in court fees, not likely to exceed minimal

Potential gain in court fees, not likely to exceed minimal

Potential gain in court fees, not likely to exceed minimal

Expenditures

- 0 -

- 0 -

- 0 -

Note: For most local governments, the fiscal year is the calendar year. The school district fiscal year is July 1 through June 30.

 

        Persons violating the bill's provisions regarding disposal of lead-acid batteries are subject to a civil penalty of $25 for each day of violation. Retailers are subject to civil penalties up to $10,000 for each day of a violation. At any rate, this revenue would be directed to the state Hazardous Waste Clean-Up Fund (Fund 505). As the number of violations is expected to be small, any additional court fees paid to county and municipal courts will be negligible.

 


 

 

Detailed Fiscal Analysis

 

Regarding fiscal impact on state and local governments, the bill most notably:

 

        Imposes new Environmental Protection Agency (EPA) enforcement requirements, most likely to be carried out by the Division of Hazardous Waste Management and the Division of Solid Waste and Infectious Waste Management.

        Establishes civil penalties for the new violations of the bill, which could possibly lead to some small amount of new fine and court fee revenue.

        Requires the Director of EPA to prescribe a sign describing the bill's requirements for use by retailers, resulting in small administrative costs.

 

Retailers of lead-acid batteries

 

The bill requires a person to dispose of a used lead-acid battery by delivering it to a retailer or other qualifying facility. The retailer is required to, first, accept used lead-acid batteries, and second, dispose of the used lead-acid batteries by delivering them to a collection facility or recycling entity. Additionally, the retailer is required to post a sign, the content of which is prescribed by the Director of the Ohio EPA. Wholesalers of lead-acid batteries in Ohio are required to accept from the purchaser or retailer used batteries of the same type and in a quantity equal to the number sold to the purchaser or retailer.

 

According to national figures, over 100 million car batteries and 7 million boat batteries are sold or shipped every year; 98% of these batteries are already recycled. As this means that about 2.2 million batteries are not recycled nationally, Ohio's share of this amount would be approximately 44,000.

 

EPA enforcement

 

EPA expects enforcement to be carried out by the Division of Hazardous Waste Management and the Division of Solid Waste and Infectious Waste Management. Enforcement would be incorporated into existing site visits.

 

Prohibitions

 

Violation of the bill's provisions could result in civil penalties to both individuals and retailers. If a person does not comply with the bill's requirements, he or she could be subject to a civil penalty of $25 a day penalty for each day of violation. Retailers and wholesalers that violate the bill's provisions are subject to the general civil penalty established in existing law, which is up to $10,000 for each day of each violation. As the number of violators is not expected to be of any significant magnitude, any fines and court fees collected by county courts should not exceed minimal. Any civil penalties collected due to violations of the bill would be deposited in Hazardous Waste Clean-Up Fund (Fund 505).

 

 

 

LSC fiscal staff: Deborah Hoffman, Budget Analyst

 

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