LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                           May 12, 1995



 TO:     Honorable Bill Sims, Chair             IN RE: Committee Substitute
         Committee on Natural Resources                       forHouse Bill
         Senate                                 No. 2587
         Austin, Texas                                  By: Sims, et al.









FROM: John Keel, Director

In response to your request for a Fiscal Note on House Bill No.
2587 (Relating to the regulation of certain aboveground and
underground storage tanks and the regulation of underground
storage tank installers; providing penalties.) this office has
determined the following:

The bill would eliminate eligibility for reimbursement from the
Petroleum Storage Tank Reimbursement (PSTR) Fund for any releases
reported after December 22, 1998.

The bill would require that claims for reimbursement from the
PSTR Fund for clean-up of leaking storage tanks be paid in the
order that they were received.

The bill would require the use of risk-based technology in the
evaluation of corrective action plans for storage tank
remediation.

The bill would require the maintenance of financial assurance for
storage tank owners and provide penalties for failure to comply.

The bill would  double the current revenue to the PSTR Fund by
increasing the fee on bulk delivery of petroleum products and
authorize the temporary transfer of up to $120 million from the
General Revenue Fund to the PSTR Fund to pay reimbursement
claims. Of the $120 million that is authorized to be transferred
from the General Revenue Fund to the PSTR Fund, $80 million must    




be repaid by August 31, 1996 and the balance of $40 million by
May 31, 1997.
 
The bill would authorize the privatization any part of the PSTR
program and require the expiration of the program as of September
1, 2001.

The bulk delivery fee increase authorized by the bill may result
in increased costs of petroleum fuels for all consumers,
including local units of government. However, local units of
government will benefit from the bill to the same extent as all
tank owners due to the availability of additional funds to pay
reimbursement claims. 













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 Revenue     Probable Revenue 
          Year    Gain/(Loss) from    Gain to Petroleum 
                   General Revenue       Storage Tank   
                      Fund 001           Remediation    
                                         Account 655    
                                                        
          1996         ($38,620,000)         $98,426,000
          1997            41,380,000          27,716,000
                                                        
          1998             1,380,000          67,716,000
                                                        
          1999             1,380,000          67,716,000
          2000             1,380,000          67,716,000
                                                        
                                                        
                                                        
       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:   Comptroller of Public Accounts, Natural Resource
Conservation Commission
          LBB Staff: JK, JB, DF