LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 76th Regular Session March 8, 1999 TO: Honorable Warren Chisum, Chair, House Committee on Environmental Regulation FROM: John Keel, Director, Legislative Budget Board IN RE: HB1910 by Chisum (Relating to the disposal or assured isolation of low-level radioactive waste.), As Introduced ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB1910, As Introduced: 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 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 Probable Probable Probable Change in * * Year Savings/(Cost) Savings/(Cost) Revenue Number of State * * from Waste from Waste Gain/(Loss) Employees from * * Account/ Account/ from Waste FY 1999 * * GR-Dedicated GR-Dedicated Account/ * * 0088 0088 GR-Dedicated * * 0088 * * 2000 $(2,769,387) $476,831 $2,769,387 (5.0) * * 2001 (2,271,152) 975,066 2,271,152 (5.0) * * 2002 (2,012,659) 1,233,559 2,012,659 (5.0) * * 2003 (1,777,666) 1,468,552 1,777,666 (5.0) * * 2004 (21,694,306) 0 28,305,694 (5.0) * *************************************************************************** Technology Impact Capital Costs, as determined by the Texas Low-Level Radioactive Waste Disposal Authority (TLLRWDA), will be $5,200 for Fiscal Year 2000, FY 2002, and FY 2004. Fiscal Analysis This bill would amend Chapter 402 of the Health and Safety Code to allow the TLLRWDA to develop either a disposal site or an assured isolation site for the management of low-level waste in Texas. The TLLRWDA would be able to construct and operate temporary storage facilities for low-level radioactive waste generated in this state and from Maine and Vermont, the other party states to the Texas Low-Level Radioactive Waste Disposal Compact. The TLLRWDA would be able to charge a fee for the storage of waste at a temporary storage facility. Fee revenue would be deposited to the General Revenue- Dedicated Account 088 Low-Level Waste and must be sufficient to recover the costs of constructing, operating, and maintaining the facility. The Texas Department of Health (TDH) would have sole responsibility to issue a license to operate an assured isolation site. The Texas Natural Resource Conservation Commission (TNRCC) would have sole responsibility to issue a license to operate a disposal site. The license for a disposal or assured isolation site would be issued in the name of the TLLRWDA and could not be transferred to a private entity. The bill would extend the deadline by which the TLLRWDA could be abolished under the Texas Sunset Act from September 1, 2001 until September 1, 2007. The bill would repeal Sections 402.059(d) and 402.0921 of the Health and Safety Code, relating to locating a waste disposal site in Hudspeth County. The bill would remove language throughout Section 402 of the Health and Safety Code relating to locating a waste disposal site in Hudspeth County. Methodology Based on information from the TLLRWDA, the licensing process for an assured isolation site could be completed within three years, and a site could be constructed and operational before the end of fiscal 2004 (a license for a disposal site would be handled by the TNRCC and could not be approved for at least six years). This analysis assumes that completion of an assured isolation site would complete or meet Texas' obligation under the terms of the Texas Low-Level Radioactive Waste Disposal Compact. This would require each of the other party states (Maine and Vermont) to make their initial contribution of $12,500,000 in fiscal year 2004. Cost Assumptions: - $200,000 per year for payments to the host county from FY 2000-2004; - $100,000 per year for payments to the Compact Commission from FY 2000-2004; - $1,340,315 for payments to the TDH for assured isolation from FY 2000-2004; - $40,000 for lease costs for property for temporary waste storage from FY 2000-2003; - $20,000 for costs associated with moving the agency field office in FY 2000; - $725,000 for costs in constructing a building on the temporary waste storage site in FY 2000; - $400,000 for purchase of the land in FY 2001; - $150,000 for license preparation costs in FY 2000-2001; - $20,000,000 for isolation site construction in FY 2004; and - Agency operating costs of an average $1.28 million per year (FY 2000-2004). Savings generated by the bill reflect the TLLRWDA's operating costs from fiscal year 1999. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: LBB Staff: JK, DE, TT