LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session February 27, 1997 TO: Honorable Clyde Alexander, Chair IN RE: House Bill No. 691 Committee on Transportation By: Thompson House Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on HB691 ( Relating to the erection of sound barrier walls along certain parts of Interstate Highway 610 in Houston.) this office has detemined the following: Biennial Net Impact to General Revenue Funds by HB691-As Introduced Implementing the provisions of the bill would result in a net impact of $0 to General Revenue Related Funds through the biennium ending August 31, 1999. Fiscal Analysis The bill would require the Department of Transportation, as soon as practical, to erect sound barrier walls along the west side of Interstate 610 in Houston to reduce highway noise on various streets. Methodolgy Federal Highway Administration (FHWA) regulation 23 CFR 772, Procedures for Abatement of Highway Noise and Construction Noise, requires the Texas Department of Transportation (TxDOT) to develop and implement a traffic noise analysis and abatement program for Federal-aid Type I highway projects that involve construction on a new location; or the alteration of an existing highway that substantially changes either the horizontal or vertical alignment; or an increase in the number of through-traffic lanes. The FHWA regulation also addresses Type II highway projects to retrofit noise abatement along existing highways (not in conjunction with a Type I highway construction or improvement project). However, since there is no separate funding source identified for Type II highway projects, these projects must compete with all other statewide transportation needs. Therefore, the FHWA has indicated that the development and implementation of Type II projects are not mandatory requirements of Federal law or regulation. The bill would require the construction of noise barriers along an existing highway (IH 610); therefore, they would be considered Type II noise abatement. Also, the bill does not indicate that a traffic noise analysis was performed to confirm that the noise barriers are both feasible and reasonable or that a majority of the property owners adjacent to the noise barriers approve of their construction. Construction of these Type II noise barriers would circumvent the traffic noise analysis and public involvement processes, as well as pending action of the commission upon completion of the Type II Study; and would require TxDOT to establish a statewide Type II Noise Abatement Program to ensure future Type II noise barriers are constructed in a manner that is uniform, equitable and fair. The fiscal impact of the bill includes the cost of the IH 610 noise barriers themselves and the costs associated with the development and implementation of a statewide Type II Noise Abatement Program. The probable fiscal implications of implementing the provisions of the bill during each of the first five years following passage is estimated as follows: Five Year Impact: Fiscal Year Probable Change in Number Savings/(Cost) of State from State Employees from Highway Fund FY 1997 0006 1998 ($53,549,177) 8.0 1998 (53,549,177) 8.0 2000 (53,549,177) 8.0 2001 (53,549,177) 8.0 2002 (53,549,177) 8.0 Net Impact on General Revenue Related Funds: The probable fiscal implication to General Revenue related funds during each of the first five years is estimated as follows: Fiscal Year Probable Net Postive/(Negative) General Revenue Related Funds Funds 1998 $0 1999 0 2000 0 2001 0 2002 0 Similar annual fiscal implications would continue as long as the provisions of the bill are in effect. Because the bill would not have statewide impact on units of local government of the same type or class, no comment from this office is required by the rules of the House as to its probable fiscal implication on units of local government. Source: Agencies: 601 Department of Transportation LBB Staff: JK ,PE ,ML