LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              April 10, 2001
  
  
          TO:  Honorable Warren Chisum, Chair, House Committee on
               Environmental Regulation
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB2291  by Lewis, Glenn (Relating to beverage container
               redemption and recycling; providing penalties.), As
               Introduced
  
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*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  HB2291, 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:
  
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*Fiscal    Probable Revenue         Probable        Change in Number of  *
* Year   Gain/(Loss) from New  Savings/(Cost) from State Employees from  *
*           General Revenue    New General Revenue        FY 2001        *
*         Dedicated Account -  Dedicated Account -                       *
*           Texas Beverage       Texas Beverage                          *
*           Redemption and       Redemption and                          *
*              Recycling            Recycling                            *
*  2002           $192,232,500       $(192,232,500)                 19.0 *
*  2003            192,232,500        (192,232,500)                 19.0 *
*  2004            192,232,500        (192,232,500)                 19.0 *
*  2005            192,232,500        (192,232,500)                 19.0 *
*  2006            192,232,500        (192,232,500)                 19.0 *
**************************************************************************
  
Technology Impact
  
The bill would require the purchase of personal computers and related
equipment for fourteen new positions.  The Comptroller anticipates
one-time programming costs of $110,880 in fiscal year 2002 and minor
expenditures for additional computer equipment in each fiscal year
thereafter will be required to implement the provisions of this bill.
  
  
Fiscal Analysis
  
The bill would require the Texas Natural Resource Conservation Commission
(TNRCC) to establish a beverage container redemption and recycling
program.

The bill would require beverage containers offered or sold in the state,
generally glass, metal or plastic, to have a refund value of $0.05 or
more and display a label indicating "return for refund," the refund value
of the container, and a state abbreviation for Texas.  Cans or cups made
primarily of aluminum would not be included.  The bill would exempt
containers with a fluid capacity of more than one gallon, milk, 100
percent fruit or vegetable juice, medical food or infant formula, and
beverages sold for use by a common carrier in conducting passenger
transport.

The bill would require a retail dealer to collect in the sales price a
redemption fee of five cents for each beverage container from the
consumer.

The bill would create a new General Revenue-Dedicated Account, the Texas
Beverage Redemption and Recycling Account.  TNRCC  would be required to
ensure there is a reserve in the new account equal to five percent of the
total amount paid to redemption centers from the preceding year and any
interest earned on the reserve.  The bill would require the retail dealer
to remit $0.0475 of each five-cent redemption to the Comptroller; a
retail dealer would be allowed to retain one quarter of one cent as
administrative cost.  A retail dealer could file annually, by February 1
of the year following the collection year, with the Comptroller if the
projected remittance totaled less than $10,000.

TNRCC would have the authority to allocate money from the account to
finance the purchase of redemption center infrastructure.  TNRCC could
delegate to a Council of Government the establishment of certification of
redemption centers.  TNRCC would have to contract with a private entity,
nonprofit entity, or a local government or combination thereof to
operate a certified redemption center in each redemption zone.  TNRCC
would annually designate redemption zones and have at least one
redemption center per redemption zone.  TNRCC would have to adopt rules
for the certification of redemption centers.

The bill would require retail dealers to post a notice to purchasers of
the refund value of a beverage container and the location of the nearest
redemption center where a refund could be obtained.  The redemption
centers would have to pay the refund value of the container in cash to
the person presenting the container provided that the container met
specifications.

The bill would establish guidelines for a redemption center to refuse the
return of unsafe, unsanitary beverage containers, or the return of more
than 240 containers presented by a single person in one day.  The bill
would establish the method for the redemption center to dispose of
beverage containers.  TNRCC would have to pay the redemption center upon
submission of a completed invoice of refunds paid out an amount equal to
the redemption value of five cents plus a handling fee of one-half of one
cent for each beverage container redeemed by the redemption center.

This bill would take effect September 1, 2001.
  
  
Methodology
  
The fee would be structured so that $0.0475  per beverage container would
be remitted to the new account and $0.055 per beverage container would
be paid out of the account.

For purposes of this analysis, an 80 percent redemption rate is assumed.
According to TNRCC, there are an estimated 4 billion glass and plastic
beverage containers sold in Texas annually.  Assuming an estimated
$0.0475 per container, an estimated $192,232,500 would be deposited to
the new account.  Assuming an 80 percent redemption rate, $178.1 million
would be paid out of the account in redemption and handling fees to
retailers, leaving a balance of $14,164,500 for program administration
and development of redemption facilities.

To implement the provisions of the bill, TNRCC would require 14
additional FTEs.  Estimated costs are $1,035,858 for fiscal year 2002
and $923,858 on a recurring basis.  The Comptroller anticipates
additional collection costs of $293,328 per fiscal year on a recurring
basis, which includes 5 additional FTEs. Once administrative costs are
reduced from the amounts available, and 5 percent of the total amount
paid to redemption centers in the preceding year is set aside as a
reserve, in future years, there would be an estimated $4,043,914
available for grants to local governments and Councils of Government.
This analysis does not include interest earned on the reserve.
  
  
Local Government Impact
  
Local units of government and Councils of Government will be eligible to
receive grants and contracts out of the newly created account of
approximately $4.0 million per year.
  
  
Source Agencies:   582   Texas Natural Resource Conservation Commission,
                   304   Comptroller of Public Accounts
LBB Staff:         JK, CL, ZS