LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 76th Regular Session
May 14, 1999
TO: Honorable J.E. "Buster" Brown, Chair, Senate Committee on
Natural Resources
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB 1172 by Chisum (relating to the definition of
low-level radioactive waste), Committee Report 2nd House,
as amended
**************************************************************************
* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB1172, Committee Report 2nd House, as amended: positive impact *
* of $0 through the biennium ending August 31, 2001. *
* *
* The bill would make no appropriation but could provide the legal *
* basis for an appropriation of funds to implement the provisions of *
* the bill. *
**************************************************************************
General Revenue-Related Funds, Five-Year Net Impact:
****************************************************
* Fiscal Year Probable Net Positive/(Negative) *
* Impact to General Revenue Related *
* Funds *
* 2000 $0 *
* 2001 0 *
* 2002 0 *
* 2003 0 *
* 2004 0 *
****************************************************
All Funds, Five-Year Impact:
*****************************************************
* Fiscal Year Probable Revenue Gain/(Loss) from *
* Waste Account/ GR-Dedicated *
* 0088 *
* 2000 $(500,000) *
* 2001 (500,000) *
* 2002 0 *
* 2003 0 *
* 2004 0 *
*****************************************************
Fiscal Analysis
The bill would require that planning and implementation fees assessed by
the Texas Low-Level Radioactive Waste Disposal Authority (TLLRWDA) could
not be assessed until after the fiscal year in which the balance in
General Revenue Dedicated Account 0088-Low-Level Waste (GR-Account 088)
fell below $4 million or at any time the account balance was $9 million
or more. Fees also could not be assessed in an amount that exceeds $3
million in any fiscal biennium.
On the termination of the imposition of planning and implementation fees
on the date a waste management facility became operational, the balance
of GR-Account 0088 attributable to planning and implementation fees
would be transferred to a separate account within GR-Account 0088 and
credited pro rata to waste generators who had paid the fees. The
credits could be used against waste acceptance fees that waste
generators would be required to pay once a waste management facility
became operational. Generators who owe planning and implementation fees
on the date the fees are terminated would not be eligible for the
credit.
Methodology
The current estimated balance in the Low-Level Waste Account is $9.1
million. Under the bill's provisions, planning and implementation fees
would not be assessed until the balance in the fund falls below $4
million. TLLRWDA estimates that the account balance will not fall below
$4 million in the 2000-2001 biennium.
Current fees assessed by the TLLRWDA cover the costs of the agency's
administration and operation. This fiscal note assumes that TLLRWDA will
sunset on September 1, 2001, with shutdown costs of $500,000 for each of
fiscal years 2000 and 2001. Therefore, fee revenue losses for fiscal
year 2000 and fiscal year 2001 equal $500,000 per year. Under current
statute, the chapter related to the operation of the agency would sunset
on September 1, 2001, so no revenue would be projected beyond that date.
Therefore, under the bill's provisions, revenue losses are not incurred
beyond that date.
The bill does not address how the licensing process would proceed when
TLLRWDA sunsets on September 1, 2001. Therefore, this fiscal note
assumes that the waste management facility would not be operational by
the end of fiscal year 2004. Consequently, credits to waste generators
would not be granted within the period covered by this fiscal note.
Local Government Impact
No significant fiscal implication to units of local government is
anticipated.
Source Agencies: 501 Department of Health, 582 Natural Resource
Conservation Commission, 526 Low-Level Radioactive
Waste Disposal Authority
LBB Staff: JK, DE, MF, DM, TT