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