LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session February 26, 1997 TO: Honorable David Counts, Chair IN RE: House Bill No. 1190 Committee on Natural Resources By: Counts House Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on HB1190 ( Relating to monitoring of water quality in watersheds and river basins.) this office has detemined the following: Biennial Net Impact to General Revenue Funds by HB1190-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. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. Fiscal Analysis The bill would re-authorize funding for the Clean Rivers program, currently set to expire August 31, 1998. The bill would amend provisions of Chapter 26 of the Water Code relating to water quality monitoring and assessment for the Clean Rivers program. The bill would require the Texas Natural Resource and Conservation Commission (TNRCC) to adopt rules setting certain program participation requirements for river authorities. The bill would provide that river authorities receive adequate funding to complete assessments. Water quality monitoring and reporting duties would apply only to those river authorities that enter into an agreement with TNRCC to perform those duties. The bill would require that program funds be apportioned equitably among river basins. The bill would also limit the use of funds for implementation of the Clean Rivers program, and continue the maximum allocation of ten percent of annual fee revenues for TNRCC administrative costs. The bill would require data generated under the Clean Rivers program be used by TNRCC to conduct certain water quality management activities for permit development and review. The bill would remove the current requirement that river authority assessments include a review of significant regulatory and enforcement issues. The bill would make voluntary the existing requirements for cities with over 5,000 in population to establish water pollution control and abatement plans. The bill would, however, allow the TNRCC to require cities with population of 10,000 or more which have certain water pollution problems to establish water pollution control and abatement programs. This bill would take effect September 1, 1997. Methodolgy This bill would make no overall change to current funding. The bill would continue funding authority for the Clean Rivers program at the current annual level of $5 million, allowing TNRCC to retain no more than 10 percent for administrative costs to implement the program. The remainder, $4.5 million, would be used to reimburse river authorities and other regional and local entities for the costs of conducting regional water quality assessments. The bill would continue to require participation from the Soil and Water Conservation Board (the Board) in river basin steering committees. The Board anticipates it will be able to fulfill program requirements without additional cost. 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 Revenue Probable Change in Number Gain/(Loss) from Savings/(Cost) of State Water Quality from Water Employees from Account/ Quality Account/ FY 1997 GR-Dedicated GR-Dedicated 0153 0153 1998 0.0 1998 5,000,000 (5,000,000) 0.0 2000 5,000,000 (5,000,000) 0.0 2001 5,000,000 (5,000,000) 0.0 2002 5,000,000 (5,000,000) 0.0 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 This bill would continue the assessment and collection of fees from users of water and wastewater permit holders. Based on current fee collections, local governments pay approximately 50 percent, or $ 2.5 million, of the annual revenue of $ 5 million. The bill would continue annual reimbursements of approximately $4.5 million to local governments for the cost of conducting regional water quality assessments. Source: Agencies: 580 Water Development Board 582 Natural Resources Conservation Commission 592 Soil and Water Conservation Board LBB Staff: JK ,BB ,NT ,DM