LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 76th Regular Session April 27, 1999 TO: Honorable Warren Chisum, Chair, House Committee on Environmental Regulation FROM: John Keel, Director, Legislative Budget Board IN RE: HB 3132 by Chisum (relating to the creation of the scrap tire enforcement fund and the regulation of scrap tire disposal), Committee Report 1st House, Substituted ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB3132, Committee Report 1st House, Substituted: 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 Revenue Probable Change in Number of * * Year Gain/(Loss) from New Savings/(Cost) from State Employees from * * - GR Dedicated New - GR Dedicated FY 1999 * * 2000 $4,182,000 $(4,182,000) 6.0 * * 2001 4,317,000 (4,317,000) 6.0 * * 2002 4,457,000 (4,457,000) 6.0 * * 2003 4,601,000 (4,601,000) 6.0 * * 2004 4,750,000 (4,750,000) 6.0 * ************************************************************************** Technology Impact The purchase of personal computers and software would be needed for implementing the provisions of the bill. Fiscal Analysis The bill would establish a scrap tire enforcement program, effective September 1, 1999. The bill would set a scrap tire enforcement fee of 25 cents on each new tire that has a rim diameter of at least 12 inches. The fee would not apply to tires mounted on new vehicles as original equipment. The bill would not prohibit a person from charging a scrap tire disposal fee to a customer purchasing a new tire at retail. The scrap tire enforcement program would be administered by the Texas Natural Resource Conservation Commission (TNRCC) and the Comptroller. The bill would create a General Revenue-Dedicated Scrap Tire Enforcement Account. The account would consist of scrap tire enforcement fees and penalties collected under the program; interest on money in the account; and gifts, grants, or money received by the TNRCC or the Comptroller for the purposes of the account. The account would be used to pay for auditing scrap tire enforcement; remediating any site where scrap tires have been discarded illegally; and to fund reasonable and necessary administrative costs for the TNRCC and the Comptroller. The bill would allow the TNRCC to assess an annual fee that could not exceed $20 for registration of permanent disposal facilities for scrap tires. Methodology The bill sets a scrap tire enforcement fee of 25 cents for each new tire with a rim diameter of 12 inches or larger. Using data on the number and type of tires sold in the state under a previous waste tire program, the Comptroller's Office estimates total revenues to the Scrap Tire Enforcement Account to be $4.2 million in fiscal year 2000 and $4.3 million in fiscal year 2001. The TNRCC estimates that administration and enforcement of the scrap tire enforcement program would cost about $348,000 and $224,000 in fiscal years 2000 and 2001, respectively and require 4 FTEs. The Comptroller's Office estimates that administration of the program would cost about $131,000 in fiscal year 2000 and about $121,000 a year thereafter, and require 2 FTEs. The TNRCC anticipates spending the revenues remaining in the Scrap Tire Enforcement Account after administration costs are paid, in the amount of $3.7 million and $4 million in fiscal years 2000 and 2001, respectively, for scrap tire related payments, contracts and grants. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: 304 Comptroller of Public Accounts, 582 Natural Resource Conservation Commission LBB Staff: JK, DE, NS