LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session April 8, 1997 TO: Honorable J.E. "Buster" Brown, Chair IN RE: Senate Bill No. 1586 Committee on Natural Resources By: Brown Senate Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on SB1586 ( Relating to the scrap tire recycling program; providing criminal and civil penalties; making an appropriation.) this office has detemined the following: Biennial Net Impact to General Revenue Funds by SB1586-As Introduced Implementing the provisions of the bill would result in a net negative 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 re-authorize the Waste Tire Recycling Program set to expire December 31, 1997 in its current form and would rename the program as the Scrap Tire Recycling program. The new program would be extended until December 31, 2001. Generally, the bill would restrict payments to program participants who have acceptable end uses for the scrap tire and certain related materials, increase enforcement authority of the Texas Natural Resource Conservation Commission (TNRCC) in administering the program, and establish and increase penalties for non-compliance. If implemented, provisions of the bill would: exempt collection of fees on the sale of "good used tires"; change the payment amount and definition of eligible program participants; allow the TNRCC to establish fees for the program within statutory limits; restructure the grant authorizations from the fund; allow the TNRCC to file a lien on property which been remediated at the Commission's expense; and, require registered program participants to notify the Commission of bankruptcy filings within established timeframes. The bill would also prescribe penalty assessments for certain violations. In addition, the bill would rename the dedicated fund as the "Scrap Tire Recycling Fund", eliminate dollar amount limitations for administrative costs for both the TNRCC and the Comptroller of Public Accounts, amend provisions relating to the use of the fund. The bill would take effect September 1, 1997. Methodolgy The fiscal impact of this note reflects operation of the new program beginning January 1, 1998 and ending December 1, 2001. Therefore, costs and revenues for fiscal years 1998 and 2002 are prorated accordingly. Revenue amounts included were taken from the estimate made by the TNRCC. The bill provides that the TNRCC and Comptroller be allocated six percent and two percent, respectively, of annual revenue collections. Revenue and cost estimates for the TNRCC are reflected in the Scrap Tire Recycling Fund while amounts available to the Comptroller for administrative expenses are 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 Probable Revenue Probable Probable Revenue Probable Change in Number Gain/(Loss) from Savings/(Cost) Gain/(Loss) from Savings/(Cost) of State Waste Tire from Waste Tire General Revenue from General Employees from Recycling Recycling Fund Revenue Fund FY 1997 Account/ Account/ GR-Dedicated GR-Dedicated 5001 5001 0001 0001 1998 $18,996,455 ($18,996,455) $387,683 ($387,683) 24.5 1998 29,000,000 (29,000,000) 591,837 (591,837) 32.5 2000 29,000,000 (29,000,000) 591,837 (591,837) 32.5 2001 29,000,000 (29,000,000) 591,837 (591,837) 32.5 2002 10,003,545 (10,003,545) 204,154 (204,154) 8.5 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. No fiscal implication to units of local government is anticipated. Source: Agencies: 304 Comptroller of Public Accounts 582 Natural Resources Conservation Commission LBB Staff: JK ,BB ,MS