LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              March 24, 2001
  
  
          TO:  Honorable Gary Walker, Chair, House Committee on Land &
               Resource Management
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB2342  by Edwards (Relating to the regulation of the
               location of, and aggregate piles maintained by the
               operators of, portable rock crushing machines.), As
               Introduced
  
**************************************************************************
*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  HB2342, 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 Year   Probable Savings/(Cost) from State   *
         *                          Highway Fund              *
         *                              0006                  *
         *      2002                             $(8,205,750) *
         *      2003                              (8,205,750) *
         *      2004                              (8,205,750) *
         *      2005                              (8,205,750) *
         *      2006                              (8,205,750) *
         *****************************************************
  
Fiscal Analysis
  
The bill would require that portable rock crushers be located at least
one mile away from any recreational area, residence or other structure
occupied by a person other than the owner of the rock crusher.  In
addition, aggregate, rock and gravel piles maintained near a rock
crusher cannot exceed 15 feet in height.  The Texas Natural Resource
Conservation Commission would be required to adopt rules to administer
this new section.
  
  
Methodology
  
The Texas Department of Transportation (TxDOT) expects that the bill
would require rock crushers, in some instances, to be located at greater
distances from construction project sites, increasing costs associated
with highway improvement projects. The increased costs to TxDOT as a
result of this bill will be reflected in higher prices to contractor's
bids for projects that require the operation and use of portable rock
crushing machines.

Assuming the bill would require only portable temporary crushing
operations to be located a minimum of 1 mile from specified areas, TxDOT
estimates that this could affect approximately 5% of the volume of
aggregate that is produced for TxDOT. The cost increase is realized due
to an increase in travel distance between the project and the rock
crushing equipment. It is estimated that the bill would add a cost of
approximately $5.00 to five percent of the following items: cubic yard of
concrete mix, ton of hot mix, and ton of flex base. Based on the usage
of such items by TxDOT in fiscal year 2000, TxDOT estimates that the bill
would increase costs to the agency by a total of $8,205,750 per year.

The bill is not expected to result in any significant fiscal impact to
the TNRCC.
  
  
Local Government Impact
  
It is expected that local governments engaged in road construction
likewise would experience cost increases of $5.00 per cubic yard of
concrete mix, ton of hot mix, and ton of flex base for an estimated 5% of
the volume of aggregate the local government would use.

Williamson County estimates that the bill would increase its annual
operating costs by approximately $90,000.
  
  
Source Agencies:   582   Texas Natural Resource Conservation Commission,
                   601   Texas Department of Transportation
LBB Staff:         JK, CL, TL