LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                           May 9, 1995



 TO:     Honorable Bill Sims, Chair             IN RE: Committee Substitute
         Committee on Natural Resources                       for Senate
         Senate                                 Bill No. 1683
         Austin, Texas                                  By: Nixon









FROM: John Keel, Director

In response to your request for a Fiscal Note on Senate Bill No.
1683 (Relating to the collection, management, and recycling of
used oil and used oil filters.) this office has determined the
following:

The bill would amend sections of Chapter 371 of he Health and
Safety Code concerning used oil collection, management and
recycling.

The bill would provide for necessary changes to ensure that the
state's used oil recycling program is consistent with the federal
program for used oil and oil filter management. These changes
would authorize grants to both public and private entities to
encourage recycling of used oil; provide new management standards
and disposal options for used oil filters; exempt certain used
oil collection facilities from the used oil fee; require
registration of used oil distributors by the State Comptroller;
create an advisory committee for the used oil grant program;
eliminate certain limitation of liability provisions of the used
oil program; reduce the fee on the sale of automotive oil from
two cents per quart to one cent; establish the fee on the sale of
used oil as of January 1, 2000; and limit Texas Natural Resource
Conservation Commission (TNRCC) administrative costs from the
Used Oil Recycling Fund to six percent of the fund.

The reduction in the Used Oil Recycling fee rate as provided for
by the bill would reduce revenues to the dedicated Used Oil    




Recycling Fund Account in the General Revenue Fund  by up to 50
percent annually. The Used Oil Recycling Fund would, however, 
receive a revenue gain from the 25 percent of sales fees that are
currently transferred to the dedicated Hazardous and Solid Waste
Remediation Fee Fund Account in the General Revenue Fund. These
fees would be set aside for environmental restoration.

The fiscal impact of exempting certain facilities from paying the
Used Oil Recycling fee cannot be determined.

The bill would require the State Comptroller to assume new
administrative and enforcement responsibilities.  Increased
administrative costs to the State Comptroller are estimated to
range between $86,000 and $128,000 annually and would include
three new full-time-equivalent positions.   

The bill would provide for the Department of Commerce to process
used oil recycling grants for various entities awarded by an
advisory committee appointed by the TNRCC during calendar year
1995. The administrative costs to the Department of Commerce to
process grants cannot be determined. 

The reduction in the Used Oil Recycling fee rate as provided for
by the bill would reduce the amount of money available to local
units of governments for the construction and operation of used
oil collection centers.

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    Probable Cost Out 
             Year    Loss to Used Oil   Loss to Hazardous       of Used Oil    
                    Recycling Fund 146   and Solid Waste    Recycling Fund 146 
                                        Remediation  Fund                      
                                               550                             
                                                                               
          1996              $2,064,000          $1,972,000              $86,400
          1997               4,206,000           1,992,000              128,216
                                                                               
          1998               4,206,000           1,992,000               88,715
                                                                               
          1999               4,206,000           1,992,000               88,715
          2000               6,087,000           1,992,000               89,243
                                                                               
                                                                               
                                                                               
            Fiscal     Change in    
             Year   Number of State 
                     Employees from 
                        FY 1995     
                                    
                                    
          1996                   3.0
          1997                   3.0
                                    
          1998                   3.0
                                    
          1999                   3.0
          2000                   3.0
                                    
                                    
                                    
       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, Department of Commerce,

                         Natural Resource Conservation Commission
          LBB Staff: JK, JB, DF