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: HB44 by McClendon (Relating to the siting of solid waste facilities, the Texas Natural Resource Conservation Commission's consideration of cumulative risks in certain administrative proceedings, and notice of an application for a municipal solid waste facility.), As Introduced ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB44, 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 $(971,771) $(120,796) 14.0 * * 2003 (830,021) (107,296) 14.0 * * 2004 (830,021) (107,296) 14.0 * * 2005 (830,021) (107,296) 14.0 * * 2006 (830,021) (107,296) 14.0 * ************************************************************************** Technology Impact The cost of personal computers ($55,250) for the fourteen (14) additional positions estimated to be required to implement the provisions of the bill. Fiscal Analysis The bill would require the Texas Natural Resource Conservation Commission (TNRCC) to develop policies to ensure that solid waste facilities are not disproportionately located in low-income, minority or other communities, and that any adverse effects of those facilities on the affected communities be minimized. The bill would require that these policies be incorporated into the state solid waste strategic plan. The bill would require TNRCC to evaluate cumulative risks of pollutants in certain administrative proceedings involving the siting expansion or operation of a facility. The TNRCC would be required to develop and implement policies to protect the public from cumulative risks and give priority to monitoring and enforcement in areas in which permitted facilities are concentrated. Methodology The TNRCC expects the requirements of this legislation to increase the cost of permitting functions. While TNRCC conducts an analysis of potential effects from discharges and emissions from a facility for which an application is submitted, the scope of the evaluation required by this bill is much broader. The bill would require an evaluation of potential chemical interactions as well as nuisance conditions, other permitted facilities, and unplanned releases, in addition to normal discharges and emissions. As a result, an additional three (3) toxicologists, two (2) land use planners, one (1) planner, six (6) engineers, and two (2) program specialists for land use planning, environmental justice activities, rule development, permitting, toxicological analyses, and modeling to determine the presence of pollutants. Finally, it is anticipated that the requirement to provide specific information about the siting of solid waste facilities in low-income, minority, and other communities would result in an increase in costs for developing the statewide solid waste plan. Local Government Impact Local governments operating or serviced by solid waste management facilities may incur costs associated with public meetings and notice requirements for solid waste facilities; however, these costs are not expected to be significant. No significant fiscal implication to units of local government is anticipated. Source Agencies: 582 Texas Natural Resource Conservation Commission LBB Staff: JK, CL, ZS, DB