LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session April 2, 1997 TO: Honorable David Counts, Chair IN RE: House Bill No. 2333 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-As Introduced 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 increase the cap on the waste treatment inspection fee and provide two rate schedules for before and after the 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 and effective September 1, 1998, it would be raised to $65,000. After NPDES delegation, the bill would raise the fee cap from $25,000 to $40,000 per discharge permit, and to $80,000, effective September 1, 1998. The bill would extend the prohibition on increasing the fee 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 broaden the authority for use of the waste treatment inspection fee to include water quality control programs, including regional watershed assessments and the implementation of regional water quality management functions, otherwise known as the Clean Rivers program. This bill would extend funding for the Clean Rivers program, currently set to expire August 31, 1998. 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 Under the increased fee authority provided by this bill, beginning in fiscal year 1998 the TNRCC anticipates collecting additional annual waste treatment inspection fees (Water Quality Account) in the amount of $4 million to fund 45 FTEs to conduct water quality program enhancements. To implement the additional drinking water program requirements of this bill, the TNRCC anticipates collecting additional annual amount of approximately $4 million in the Public Health Service Fee Account from fees collected from public drinking water supply systems, as provided in existing law. This additional funding is for the following additional functions: $2.7 million and 9 FTEs for water quantity and water rights related programs; $0.34 million and 3 FTEs for water utilities oversight; and $1.7 million for public drinking water programs. In addition, beginning fiscal year 1999, the TNRCC estimates collecting $5,000,000 each year (17.5 FTEs) from increased waste treatment inspection fees to fund regional water quality assessments and implement regional water quality management functions, currently funded under the Clean Rivers program. 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 8,830,000 (8,830,000) 3,950,000 (3,950,000) 74.5 2000 8,830,000 (8,830,000) 3,950,000 (3,950,000) 74.5 2001 8,830,000 (8,830,000) 3,950,000 (3,950,000) 74.5 2002 8,830,000 (8,830,000) 3,950,000 (3,950,000) 74.5 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 $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 total costs to local governments in increased fees of up to $5 million per year should the TNRCC use the authority provided by this bill to increase the annual water treatment inspection fee and the safe drinking water fees. These increased fees would be paid by those units of local government currently required to pay the existing fees. Source: Agencies: 580 Water Development Board 304 Comptroller of Public Accounts LBB Staff: JK ,BB ,NT ,TL