LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 74th Regular Session May 3, 1995 TO: Honorable Bill Sims, Chair IN RE: Committee Substitute Committee on Natural Resources forHouse Bill Senate No. 2015 Austin, Texas By: Talton FROM: John Keel, Director In response to your request for a Fiscal Note on House Bill No. 2015 (Relating to statutory changes to obtain delegation to Texas of the National Pollutant Discharge Elimination System.) this office has determined the following: The bill would amend certain Water Code provisions to make them consistent with federal law and the federal permitting program for wastewater discharges. The bill would impose additional eligibility requirements on the Texas Natural Resource Conservation Commission (TNRCC) and provide for public intervention or participation in enforcement proceedings related to wastewater discharges. The bill would prohibit the TNRCC from increasing wastewater permit fees for local governments before August 31, 2001. The bill does not require the TNRCC to incur costs but would remove potential legal impediments to delegation of a federal permitting program. The assumption of a federal permitting program by the TNRCC would have significant cost implications to the state. The costs identified below are based on an assumption that the state will seek delegation of the federal programs for municipal and industrial wastewater, confined animal feeding operations and municipal pretreatment. These costs do not include federal delegation of stormwater permitting or sludge operations or TNRCC entry of compliance monitoring data into the U.S. Environmental Protection Agency Permit Compliance System. The costs associated with state delegation assumes costs would be recovered from affected permittees under the limitations imposed by the bill. State delegation of the federal wastewater program would eliminate the dual permitting of some facilities and reduce permitting and compliance costs. However, the subsequent cost savings to local units of government cannot be determined. The probable fiscal implication of implementing the provisions of the bill during each of the first five years following passage is estimated as follows: Fiscal Probable Cost to Probable Gain to Change in Year Water Quality Fund Water Quality Fund Number of State 153 153 Employees from FY 1995 1996 $2,861,102 $2,861,102 44.0 1997 2,517,102 2,517,102 44.0 1998 2,517,102 2,517,102 44.0 1999 2,517,102 2,517,102 44.0 2000 2,517,102 2,517,102 44.0 Similar annual fiscal implications would continue as long as the provisions of the bill are in effect. The fiscal implication to units of local government cannot be determined. Source: Office of the Attorney General, Natural Resource Conservation Commission LBB Staff: JK, JB, DF