LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session May 30, 1997 TO: Honorable Bob Bullock Honorable James E. "Pete" Laney Lieutenant Governor Speaker of the House Senate Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on SB1 ( relating to the development and management of the water resources of the state; providing penalties.) this office has detemined the following: Biennial Net Impact to General Revenue Funds by SB1-Conference Committee Report Implementing the provisions of the bill would result in a net negative impact of ($35,922,295) 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. Contingent upon final passage of this bill, a total of $34,043,295 in General Revenue funding would be appropriated by H.B. 1 to provide agencies with the resources to implement the provisions of this bill. Fiscal Analysis The bill would provide a framework for the management of water resources, including drought planning, water rights regulation, financial and technical assistance and data collection. The bill would require the Texas Water Development Board (TWDB) to adopt a State Water Plan, incorporating regional water plans and including drought response planning. TWDB would be required to designate water planning regions by September 1, 1998. It would create a Drought Response and Monitoring Committee, with the Governor's Division of Emergency Management as chair, the Texas Natural Resource Conservation Commission (TNRCC), TWDB, the Texas Parks and Wildlife Department (TPWD), Texas Department of Agriculture (TDA), Texas Agricultural Extension Service (TAEX) and the Soil and Water Conservation Board (SWCB). The bill would amend statutory provisions relating to TNRCC's responsibilities in water rights permitting and would provide a regulatory process and requirements for considering interbasin water transfers. It would specify conditions for granting emergency authorizations for the use of water. The bill would provide a process and procedures for TNRCC to identify priority groundwater management areas and would establish procedures for TNRCC to create new groundwater districts. TNRCC, TWDB and TAEX would administer an education program to inform district residents of water issues relevant to the area. The bill would require TNRCC to provide technical assistance to districts to develop comprehensive management plans that are consistent with approved regional water plans, while TWDB would be required to review and certify the comprehensive plans. TWDB, TNRCC, TPWD and TAEX would be allowed to allocate funds to districts for groundwater management planning. The bill would create the Texas Groundwater Management Council to determine whether districts are operational. The bill also would provide a tax exemption for capital equipment used for water conservation or water/wastewater recycling in the manufacturing process. The Texas Water Development Fund (Fund II), a special fund in the state treasury, would be established contingent on the passage of a constitutional amendment (SJR 17). Fund II would be created by consolidating existing bond authorizations for water supply, water quality and flood control into a single financial assistance account within the fund; Fund II also would include a state participation account and an economically distressed areas program account. Also, contingent upon voter approval of a constitutional amendment (SJR 45), up to $10 million of the amount deposited in the Linked Deposit Program could be used to finance water conservation projects. The bill addresses TNRCC's regulation of water and wastewater services, rates, service areas and implementation of certain provisions of the federal Safe Drinking Water Act Amendments of 1996. The bill would require entities that merge or purchase water utilities to demonstrate financial, managerial and technical capabilities to ensure a continuous and safe drinking water supply. The bill also would allow TWDB to provide loans through the Safe Drinking Water Act State Revolving Fund (SDWA SRF) to investor-owned utilities. The bill would authorize loan subsidies to disadvantaged communities through the SDWA SRF. The bill would merge the Texas Natural Resources Information System and the existing Texas Geographic Information Systems Planning Council to form a new Texas Geographic Information Council. The council would provide oversight and direction for data collection statewide and serve as the centralized clearinghouse for natural resources data. The bill also would require the Executive Administrator of TWDB to coordinate, conduct, and facilitate the development and use of statewide digital base maps. TNRCC would be required to update water availability models by December 1999. Methodolgy Estimates of the bill s cost are based on historical data and past experience for similar programs or requirements. The estimated fiscal impact to the General Revenue Fund and total FTEs (All Funds) required for each agency are shown for the 1998-99 biennium. TEXAS WATER DEVELOPMENT BOARD: Financial and technical assistance for regional water planning and ground water management plans; coordinate and manage data collection and dissemination, including developing digital base maps. ESTIMATED COST to General Revenue, 1998-99 biennium: $(27,578,542). ESTIMATED FTEs (All Funds), FY1998: 11.5; FY1999: 14.5. TEXAS NATURAL RESOURCE CONSERVATION COMMISSION: Enforcement; water rights management; water service regulation; interbasin water transfers; data collection. ESTIMATED NET COST to General Revenue, 1998-99 biennium: $(5,386,753). ESTIMATED FTEs (All Funds) 1998-99 biennium: 22. TEXAS PARKS AND WILDLIFE DEPARTMENT: Assess impact of plans on fish and wildlife; technical assistance; data collection. ESTIMATED NET COST to General Revenue, 1998-99 biennium: $(478,000). ESTIMATED FTEs (All Funds) 1998-99 biennium: 3. COMPTROLLER: Tax exemption for water conservation and wastewater recycling equipment. ESTIMATED NET LOSS to General Revenue, 1998-99 biennium: $(1,479,000) TEXAS AGRICULTURAL EXTENSION SERVICE: Administer education program to inform district residents of water issues. ESTIMATED NET COST to General Revenue, 1998-99 biennium: $(600,000) OTHER AGENCIES: TDA estimates that the bill's provisions for the linked deposit program would result in a loss of interest earnings of $200,000 per year. The State Auditor's Office estimated no fiscal impact for the biennium since the agency's audit responsibilities would not begin until fiscal year 2000. 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 Revenue Probable Revenue Probable Revenue Change in Number Savings/(Cost) Gain/(Loss) from Gain/(Loss) from Gain/(Loss) from of State from General General Revenue Federal Funds Federal Funds Employees from Revenue Fund Fund FY 1997 0001 0001 0555 0555 1998 ($23,072,000) ($693,000) $5,777,096 ($5,777,096) 36.5 1998 (10,971,295) (1,186,000) 5,763,748 (5,763,748) 39.5 2000 (16,255,441) (1,678,000) 5,834,234 (5,834,234) 39.5 2001 (16,215,440) (1,723,000) 5,834,234 (5,834,234) 39.5 2002 (12,681,785) (1,763,000) 92,012 (92,012) 39.5 Net Impact on General Revenue Related Funds: