LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  April 16, 1997
         
         
      TO: Honorable David Counts, Chair            IN RE:  House Bill No. 2333, Committee Report 1st House, Substituted
          Committee on Natural Resources                              By: Lewis, Ron
          House
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on HB2333 ( Relating 
to certain fees related to water quality.) this office has detemined 
the following:
         
         Biennial Net Impact to General Revenue Funds by HB2333-Committee Report 1st House, Substituted
         

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
 
This bill would change the cap on waste treatment inspection 
fees and provide two rate schedules, effective   before and 
after federal delegation of the National Pollutant Discharge 
Elimination System (NPDES) permit authority to the state.

Before 
NPDES delegation, the waste treatment inspection fee cap would 
be raised from $11,000 to $25,000  per discharge permit.  After 
NPDES delegation, the bill would raise the fee cap from  $25,000 
to $40,000 per discharge permit.  The bill would extend the 
prohibition on fee increases until August 31, 2001 and limit 
any increase in the fee for payment of additional expenses for 
obtaining or administering the NPDES program. 

The bill would 
allow consolidation of the waste treatment inspection fee with 
any fees assessed against wastewater permit holders, if the 
75th Legislature enacts legislation extending the Clean Rivers 
program (currently scheduled to expire January 1, 1999).  

The 
bill would broaden the use of the safe drinking water fee charged 
to persons who own, operate, or maintain public drinking water 
supply systems to include: oversight of, and technical assistance 
to, water and wastewater utilities; water resource management 
and the regulation of water rights; and oversight of, and technical 
assistance to, conservation and reclamation districts.

The 
effective date of this bill would be upon passage and enactment.

 
Methodolgy
 
The TNRCC states that the broader fee authority allowed by the 
bill will yield additional annual waste treatment inspection 
fees (deposited to the Water Quality Account) of about $3.8 
million annually; the additional revenue would fund 45 FTEs 
to conduct water quality program enhancements. 

The TNRCC 
also anticipates exercising its authority under current law 
to increase fees related to safe drinking water programs in 
order to carry out the additional responsibilities which would 
be imposed by this bill.  The commission estimates that about 
$4.3 million in additional fees would be collected each year 
from public drinking water supply systems and deposited in the 
Public Health Service Account.  This additional revenue would 
fund the following functions: $2.7 million and 9 FTEs for water 
quantity and water rights related programs; $ .34 million and 
3 FTEs for water utilities oversight; and $1.7 million for public 
drinking water 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 Revenue   Probable           Probable Revenue   Probable           Change in Number   
            Gain/(Loss) from   Savings/(Cost)     Gain/(Loss) from   Savings/(Cost)     of State          
            Water Quality      from Water         Department of      from Department    Employees from    
            Account/           Quality Account/   Health Public      of Health Public   FY 1997           
            GR-Dedicated       GR-Dedicated       Health Service     Health Service                       
                                                  Fee Account/       Fee Account/                         
                                                  GR-Dedicated       GR-Dedicated                         
            0153               0153               0524               0524                                  
       1998        $3,830,000      ($3,830,000)        $4,310,000      ($4,310,000)              57.0
       1998         3,830,000       (3,830,000)         3,950,000       (3,950,000)              57.0
       2000         3,830,000       (3,830,000)         3,950,000       (3,950,000)              57.0
       2001         3,830,000       (3,830,000)         3,950,000       (3,950,000)              57.0
       2002         3,830,000       (3,830,000)         3,950,000       (3,950,000)              57.0
 


 
         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.
          
The TNRCC estimates that if the commission exercises its authority 
to raise fees, local governments currently required to pay fees 
under safe drinking water programs would experience increased 
costs of up to $5 million per year.  
          
   Source:            Agencies:   
                                         
                      LBB Staff:   JK ,BB ,NT