LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 76th Regular Session May 10, 1999 TO: Honorable J.E. "Buster" Brown, Chair, Senate Committee on Natural Resources FROM: John Keel, Director, Legislative Budget Board IN RE: HB 3079 by Kuempel (Relating to the development and financing of a statewide aquatic vegetation management plan.), As Engrossed ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB3079, As Engrossed: negative impact of $(3,037,500) 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 $(219,498) * * 2001 (2,818,002) * * 2002 (1,536,000) * * 2003 (1,536,000) * * 2004 (1,536,000) * **************************************************** All Funds, Five-Year Impact: *********************************************************************** *Fiscal Probable Probable Probable Probable Change in * * Year Savings/ Revenue Savings/ Revenue Number of * * (Cost) from Gain/(Loss) (Cost) from Gain/(Loss) State * * General from New - New - GR from Water Employees * * Revenue GR Dedicated - Assistance from FY 1999 * * Fund Dedicated - Aquatic Fund * * 0001 Aquatic Vegetation 0480 * * Vegetation Management * * Management Fund * * Fund * * 2000 $(219,498) $219,498 $(219,498) $0 2.0 * * 2001 (2,818,002) 2,818,002 (2,818,002) 37,500 3.0 * * 2002 (1,536,000) 1,500,000 (1,500,000) 36,000 3.0 * * 2003 (1,536,000) 1,500,000 (1,500,000) 36,000 3.0 * * 2004 (1,536,000) 1,500,000 (1,500,000) 36,000 3.0 * *********************************************************************** ***************************************************** * Fiscal Year Probable Savings/(Cost) from Water * * Assistance Fund * * 0480 * * 2000 $0 * * 2001 (37,500) * * 2002 (36,000) * * 2003 (36,000) * * 2004 (36,000) * ***************************************************** Fiscal Analysis The bill would require the Texas Parks and Wildlife Department (TPWD) to develop, adopt, and monitor a state aquatic vegetation management plan in coordination with the Texas Natural Resource Conservation Commission (TNRCC), Texas Department of Agriculture (TDA), water districts and other political subdivisions of the state with jurisdiction over public bodies of surface water, and public drinking water providers. The bill would require governing entities to adopt the state plan or develop and adopt a local aquatic vegetation management plan approved by the TPWD, TNRCC, and TDA. The bill would also require governing entities to oversee provisions for the application of aquatic herbicides in public surface waters. The bill would require that the TPWD provide for the coordination, oversight, public notification, and enforcement of all aquatic herbicide use to protect state fish and wildlife resources and habitat and to prevent unreasonable risk from the use of any aquatic herbicides. The bill would create an Aquatic Vegetation Management Fund Account within the Water Assistance Fund 480 administered by the Texas Water Development Board (TWDB). The new Fund would consist of money appropriated to the TWDB for the specific purpose outlined in the bill; money transferred by TWDB from other accounts within the Water Assistance Fund; and interest earned on the investment of money in the new Fund. The new Fund would be used to provide grants to the TPWD to develop the initial state plan and to political subdivisions of the state to adopt the state plan or develop approved local plans and implement aquatic vegetation management plans and manage aquatic vegetation infestations under the state plan or the approved local plan adopted by the political subdivision. Methodology It is assumed that $3,037,500 would be necessary for the statewide aquatic vegetation management plan program during the 2000-2001 biennium. The TPWD anticipates that $219,961 would be needed to develop the state plan and conduct research, outreach, and education activities that relate to vegetation control the first year. The TPWD anticipates that approximately $177,698 would be needed the second year to conduct activities required under the program. Grants to the TPWD can not exceed 30 percent of the $3 million. Seventy percent or $2.1 million of the $3 million would be available for grants to the estimated 85 political subdivisions for the development of local aquatic vegetation management plans and the management of aquatic vegetation infestations under the approved plan. TWDB projects that one FTE would be necessary to administer and monitor the grant program, which would result in an additional cost of $37,500 in year two and $36,000 in subsequent years. Assuming additional grants are necessary in future years for political subdivisions to maintain their aquatic vegetation management programs, an additional cost of $1.536 million per year could be necessary. Of this additional amount per year, projected costs would be estimated to be $177,698 to TPWD, $36,000 to TWDB, and $1,322,302 to local political subdivisions. Local Government Impact Political subdivisions must either adopt the state aquatic vegetation management plan, or develop their own plan and have it approved. Grants, in the amount of $2.1 million the second year and then $1.322 million in subsequent years, to develop local plans and to manage aquatic vegetation infestations under an approved plan could be available from the aquatic vegetation management fund. Source Agencies: 551 Department of Agriculture, 582 Natural Resource Conservation Commission, 802 Parks and Wildlife Department, 304 Comptroller of Public Accounts, 580 Water Development Board LBB Staff: JK, DE, TT