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
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* 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. *
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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:
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*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 *
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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