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