LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session April 22, 1997 TO: Honorable Warren Chisum, Chair IN RE: House Bill No. 2103, Committee Report 1st House, as amended Committee on Environmental Regulation By: Turner, Sylvester House Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on HB2103 ( Relating to restrictions on the siting of solid waste facilities and to the Texas Natural Resource Conservation Commission's consideration of cumulative risks in certain administrative proceedings.) this office has detemined the following: Biennial Net Impact to General Revenue Funds by HB2103-Committee Report 1st House, as amended 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 require policies to be developed to ensure that solid waste facilities are not disproportionately located in low-income, minority, or other communities and that any adverse effects of those facilities on the affected communities be minimized. In addition, the bill would require the TNRCC to consider the cumulative risks of pollutants resulting from a facility for which an application is pending in certain administrative proceedings. The TNRCC would be required to develop and implement policies for these cumulative risks and to give priority to monitoring and enforcement in areas in which permitted facilities are concentrated. Methodolgy TNRCC projects that the bill would require an evaluation a broad range of potential chemical interactions, nuisance conditions, other permitted facilities, and unplanned releases, in addition to normal discharges. It is estimated that an additional 3 toxicologists and 10 engineering specialists would be required for toxicological analyses and modeling to detect any presence of pollutants. In addition, the agency anticipates that the requirement to provide specific information about the siting of solid waste facilities in low-income, minority, and other communities in solid waste planning activities will result in an increase in costs for developing the statewide solid waste plan. 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 Change in Number Savings/(Cost) Savings/(Cost) of State from Clean Air from Solid Waste Employees from Account/ Disposal Fee FY 1997 GR-Dedicated Account/ GR-Dedicated 0151 5000 1998 ($971,771) ($120,796) 14.0 1998 (830,021) (107,296) 14.0 2000 (830,021) (107,296) 14.0 2001 (830,021) (107,296) 14.0 2002 (830,021) (107,296) 14.0 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. No significant fiscal implication to units of local government is anticipated. Local governments operating or serviced by solid waste management facilities may incur costs associated with public meeting and notice requirements for solid waste facilities, however those costs are not expected to be significant. In addition, due to current statutory requirements, one-half of the annual costs identified above from the Solid Waste Disposal Fee Account would be distributed to Councils of Governments in the form of grants. Source: Agencies: 582 Natural Resources Conservation Commission LBB Staff: JK ,BB ,MS