LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session March 19, 2001 TO: Honorable Warren Chisum, Chair, House Committee on Environmental Regulation FROM: John Keel, Director, Legislative Budget Board IN RE: HB38 by McClendon (Relating to the Texas Natural Resource Conservation Commission's consideration of cumulative risks in certain administrative proceedings.), As Introduced ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB38, As Introduced: positive impact of $0 through the biennium * * ending August 31, 2003. * * * * 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 * * 2002 $0 * * 2003 0 * * 2004 0 * * 2005 0 * * 2006 0 * **************************************************** All Funds, Five-Year Impact: ************************************************************************** *Fiscal Probable Probable Change in Number of * * Year Savings/(Cost) from Savings/(Cost) from State Employees from * * Clean Air Account/ Waste Management FY 2001 * * GR-Dedicated Account/ * * 0151 GR-Dedicated * * 0549 * * 2002 $(766,535) $(94,740) 12.0 * * 2003 (672,552) (83,124) 12.0 * * 2004 (672,552) (83,124) 12.0 * * 2005 (672,552) (83,124) 12.0 * * 2006 (672,552) (83,124) 12.0 * ************************************************************************** Technology Impact The cost of personal computers ($45,600) for the 12 full-time positions is anticipated to be required to implement the provisions of this legislation. Fiscal Analysis The bill would require Texas Natural Resource Conservation Commission (TNRCC) to develop policies that evaluate cumulative risks when reviewing applications for siting, expansion or operation of facilities in areas where multiple permitted facilities already exist. The bill would require the TNRCC to protect the public from cumulative risks, particularly in low-income or minority communities and in communities where permitted facilities are concentrated, and to give priority to monitoring and enforcement in areas in which permitted facilities are concentrated. Methodology The TNRCC anticipates that the bill would require evaluation of a broad range of potential chemical interactions, nuisance conditions, other permitted facilities, and unplanned releases, in addition to normal discharges and emissions. It is expected that three (3) toxicologists, one (1) planner, six (6) engineers and two (2) program specialists are needed for rule development, permitting, toxicological analyses and modeling to determine the presence of pollutants. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: 582 Texas Natural Resource Conservation Commission, 116 Sunset Advisory Commission LBB Staff: JK, CL, ZS, DB