LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session March 18, 1997 TO: Honorable Warren Chisum, Chair IN RE: House Bill No. 1759 Committee on Environmental Regulation By: Hirschi House Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on HB1759 ( Relating to the pesticide use and application program.) this office has detemined the following: Biennial Net Impact to General Revenue Funds by HB1759-As Introduced Implementing the provisions of the bill would result in a net positive impact of $923,824 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 amend provisions relating to the use of waste tire recycling fees and would allow a portion of the fees ($50,000) to be appropriated to the Texas Department of Health (TDH) for use in administering its pesticide use and application program. The bill would amend provisions relating to who must apply for an original or renewal noncommercial pesticide applicator license. Current law exempts noncommercial pesticide applicators employed by governmental entities from paying license and renewal fees. This bill would remove that exemption and allow regulatory agencies to set fees in amounts necessary to defray the administrative costs for pesticide applicator certification programs. Methodolgy The Texas Department of Agriculture (TDA) currently licenses most noncommercial pesticide applicators. The department estimates that under the bill an additional 3,000 noncommercial applicators who presently apply general use pesticides would need to obtain licenses. In addition, 2,000 noncommercial applicators, who are currently exempt from license fees, would become subject to them. TDA estimates that new licensees would generate $500,000 per year in additional revenue for the General Revenue Fund. Costs to the department were estimated to be $15,175 the first year and $13,940 each year thereafter. TDA also estimates that many of the new licensees could be state employees, but the bill is not clear as to whether the employees or their agency would be responsible for payment of fees. This estimate assumes no additional cost to state agencies. The Health Department would be authorized to license and examine noncommercial pesticide applicators, particularly those involved with mosquito control. TDH estimates that for the first year there would be approximately 500 examinations administered and about 264 license renewals. At $50 per exam fee and $125 per license fee, proceeds to the General Revenue Fund are estimated to be $58,000. Costs to administer the program in the first year are estimated to be $108,000. In subsequent years, revenue from exam and license fees is estimated to be $99,050 and costs are estimated to be $149,046. The Health Department assumes that additional revenue to fund the program will be appropriated from waste tire recycling receipts. This estimate assumes that any appropriation to TDH from these receipts would not affect funding for Texas Natural Resource Conservation Commission programs. 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 Probable Probable Revenue Change in Number Savings/(Cost) Savings/(Cost) Gain/(Loss) from of State from General from Waste Tire General Revenue Employees from Revenue Fund Recycling Fund FY 1997 Account/ GR-Dedicated 0001 5001 0001 1998 ($73,730) ($50,000) $558,000 4.5 1998 (112,986) (50,000) 599,046 4.5 2000 (112,986) (50,000) 599,046 4.5 2001 (112,986) (50,000) 599,046 4.5 2002 (112,986) (50,000) 599,046 4.5 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 $484,270 1999 486,060 2000 486,060 2001 486,060 2002 486,060 Similar annual fiscal implications would continue as long as the provisions of the bill are in effect. The Health Department estimates that 85% of the noncommercial pesticide applicator licensees under its jurisdiction will be employees of local governments. Should local governments choose to pay license, exam, and/or renewal fees, the estimated fiscal impact to local governments would be $49,375 in fiscal year 1998, and $63,750 each year thereafter. Source: Agencies: 551 Department of Agriculture 501 Department of Health 582 Natural Resources Conservation Commission 304 Comptroller of Public Accounts LBB Staff: JK ,BB ,JH