LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 74th Regular Session April 18, 1995 TO: Honorable John Whitmire, Chair IN RE: Committee Substitute Committee on Natural Resources for Senate Senate Bill No. 178 Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on Senate Bill No. 178 (Relating to delay of and an interim program for the vehicle emissions inspection and maintenance program; providing penalties.) this office has determined the following: The bill would require the Texas Natural Resource Conservation Commission (TNRCC) to operate a modified, decentralized vehicle emissions inspection and maintenance (I/M) program in the state's air quality nonattainment areas. The number of facilities that will be authorized to perform testing will increase to as many as 2,000 in a decentralized program which will require additional staff and associated support expenses for licensing, inspection and oversight of facilities and certified repair technicians. The bill would authorize the TNRCC to operate a vehicle repair assistance program funded by a $20 fee. A uniform fee of $12 is established for a vehicle emissions inspection in addition to a fee for certification of test and repair facilities to be established by rule. The amount of the emission inspection fee available to the TNRCC has not been determined. The bill would repeal the $0.25 fee counties can charge a resident for proof that they do not reside in a county where testing is required. The loss in fee revenue to counties is estimated to be a minimum of $2,000,000 annually. The operation of a modified, decentralized I/M program may result in claims against the state for damages and other compensation by I/M program contractors. The potential cost liability to the state cannot be determined. Whether the modified, decentralized I/M program provided for by the bill will comply with the federal Clean Air Act (FCAA) requirements cannot be determined. Failure to meet FCAA requirements could result in federal sanctions and federal funding losses to the state. 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 Probable Cost to Year Air Quality Fund Air Quality Fund Clean Air Fund 151 1996 $23,077,000 $23,077,000 $7,390,732 1997 23,984,000 23,984,000 6,766,732 1998 25,217,000 25,217,000 6,766,732 1999 26,551,000 26,551,000 6,766,732 2000 27,998,000 27,998,000 6,766,732 Fiscal Change in Year Number of State Employees from FY 1995 1996 60.0 1997 60.0 1998 60.0 1999 60.0 2000 60.0 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: Comptroller of Public Accounts, Natural Resource Conservation Commission LBB Staff: JK, JB, DF