LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 76th Regular Session April 13, 1999 TO: Honorable J.E. "Buster" Brown, Chair, Senate Committee on Natural Resources FROM: John Keel, Director, Legislative Budget Board IN RE: SB 1433 by Duncan (Relating to the assessment of certain penalties and interest by the Texas Natural Resource Conservation Commission.), As Introduced ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * SB1433, As Introduced: negative impact of $(296,000) 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 $(148,000) * * 2001 (148,000) * * 2002 (148,000) * * 2003 (148,000) * * 2004 (148,000) * **************************************************** All Funds, Five-Year Impact: *************************************************************************** *Fiscal Probable Probable Probable Probable * * Year Revenue Revenue Revenue Revenue * * Gain/(Loss) Gain/(Loss) Gain/(Loss) Gain/(Loss) * * from General from Water from Hazardous from Solid * * Revenue Fund Quality and Solid Waste Waste Disposal * * 0001 Account/ Fees Account/ Fee Account/ * * GR-Dedicated GR-Dedicated GR-Dedicated * * 0153 0549 5000 * * 2000 $(148,000) $92,000 $28,000 $28,000 * * 2001 (148,000) 92,000 28,000 28,000 * * 2002 (148,000) 92,000 28,000 28,000 * * 2003 (148,000) 92,000 28,000 28,000 * * 2004 (148,000) 92,000 28,000 28,000 * *************************************************************************** Fiscal Analysis The bill would allow Texas Natural Resource Conservation Commission (TNRCC) to collect interest on the unpaid balance of recoverable costs relating to oil and hazardous substance spill prevention and control; corrective action or enforcement action taken with respect to the release of regulated substances from an underground or aboveground storage tank; and the cleanup of certain hazardous waste facilities. The bill would establish a fee penalty amount and schedule but allow the TNRCC executive director to waive a penalty or interest on a fee for good cause. Methodology The bill would allow the TNRCC to collect penalties and interest on certain unpaid balances of recoverable costs. The TNRCC estimates that penalties and interest from penalties in an annual amount of $128,000 would be redirected from the General Revenue Fund to the TNRCC account to which the fee is required to be deposited. The TNRCC does not anticipate the revenue earned from interest on unpaid balance of recoverable costs to the petroleum storage tank remediation account to be of a significant amount. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: 582 Natural Resource Conservation Commission, 304 Comptroller of Public Accounts LBB Staff: JK, DE, NS