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