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:
  
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*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