LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
April 10, 1997
TO: Honorable Warren Chisum, Chair IN RE: House Bill No. 3462, Committee Report 1st House, Substituted
Committee on Environmental Regulation By: Chisum
House
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on HB3462 ( Relating
to transferring certain responsibilities of the Texas Natural
Resource Conservation Commission related to certain radioactive
materials to the Texas Department of Health.) this office has
detemined the following:
Biennial Net Impact to General Revenue Funds by HB3462-Committee Report 1st House, Substituted
Implementing the provisions of the bill would result in a
net positive 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 transfer the responsibilities of licensing and
regulation of source material recovery and processing, uranium
by-product disposal, and long-term care of decommissioned sites
from the Texas Natural Resource Conservation Commission (TNRCC)
to the Texas Department of Health (TDH).
The provisions
of the bill require that one month after the effective date
of the Act, but not later than September 1, 1997, all related
duties, powers, obligations, property, and programs be transferred
from the TNRCC to the TDH. In addition, all fees related to
pending applications as of the transfer date would be transferred
to the TDH. TDH would be prohibited from assessing the application
fee for applications which were pending before the Commission
at the time the duties were transferred.
The bill would require
the TDH to reevaluate the fees assessed under the program and
ensure that they are sufficient to cover program costs. If
the TDH determines that past fees were higher than program costs,
the agency would be required to refund any fees newly increased
in the past year to the payor as appropriate.
The bill would
provide that the TNRCC continue activities related to the groundwater
cleanup cooperative agreement with the U.S. Department of Energy
for the mill tailing site at Falls City.
Methodolgy
Annually, the TNRCC spends $277,786, including 6.5 FTEs, for
this program out of the Radioactive Substance Fee Account, which
is a dedicated account in the General Revenue Fund. This amount
would be transferred to the Department of Health according to
the provisions of the bill. The bill, as amended, would require
TNRCC to retain $10,000 per year for groundwater cleanup at
Falls City.
The TDH estimates that annual program costs
will be about $680,000 each year and 10 FTEs. After the transfer
of funds from the TNRCC is made, the agency projects that an
additional $100,000 will be needed for lab costs for uranium
samples; an additional $40,000 will be necessary for one additional
FTE for hearings; and, approximately $272,000 will be used to
address a backlog for assessments of decommissioned sites.
The fiscal analysis reflects a transfer of appropriations
from TNRCC for fiscal years 1998 and 1999 to cover partial costs
of the program. The remaining costs would be recovered through
fees assessed and deposited to the credit of the General Revenue
Fund
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 Transfer from Probable Revenue Probable Revenue Probable Change in Number
Radioactive Gain/(Loss) from Gain/(Loss) from Savings/(Cost) of State
Substance Fee Other - Radioactive from Radioactive Employees from
Account/ Interagency Substance Fee Substance Fee FY 1997
GR-Dedicated Transfer Account/ Account/
GR-Dedicated GR-Dedicated
0340 OTHER-OTH 0340 0340
1998 ($277,786) $277,786 $0 $0 3.5
1998 (277,786) 277,786 0 0 3.5
2000 0 0 (277,786) 277,786 3.5
2001 0 0 (277,786) 277,786 3.5
2002 0 0 (277,786) 277,786 3.5
Fiscal Year Probable Revenue Probable
Gain/(Loss) from Savings/(Cost)
General Revenue from General
Fund Revenue Fund
0001 0001
1998 $398,448 ($398,448)
1999 404,058 (404,058)
2000 681,844 (681,844)
2001 676,234 (676,234)
2002 676,234 (676,234)
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 fiscal implication to units of local government is anticipated.
Source: Agencies:
LBB Staff: JK ,BB ,MS