LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
April 9, 2001
TO: Honorable Warren Chisum, Chair, House Committee on
Environmental Regulation
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB3560 by Denny (Relating to the location of certain
concrete, asphalt, and rock crushing plants.), As
Introduced
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB3560, 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 amend the Health and Safety Code by prohibiting the Texas
Natural Resource Conservation Commission (TNRCC) from issuing a permit,
standard permit, or permit by rule for a new concrete, hot mix asphalt,
or rock crushing plant where the outer perimeter of all sources of
emission are located less than one mile from a public or a private school
under certain conditions; a residence or other inhabitable structure
occupied or used by a person other than the operator of the proposed new
plant; or the owner or operator of the property on which the proposed new
plant is to be located. The bill would apply to a county with a
population greater than 500,000 or a county adjacent to a county with a
population greater than 500,000. The bill would not apply to certain
facilities under certain conditions and criteria established by the bill.
The bill would take effect September 1, 2001.
Methodology
The Texas Department of Transportation (TxDOT) estimates that the bill
would require rock crushers, in some instances, to be located at greater
distances from construction project sites and that this would increase
costs associated with highway improvement projects. The increased costs
to TxDOT would be reflected in higher prices in contractor 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 five percent 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 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 in fiscal year 2000, TxDOT estimates that the bill would
increase costs to the agency by a total of $8,205,750 per year.
It is estimated that the bill would not have significant fiscal
implication to the TNRCC.
Local Government Impact
It is expected that local governments engaged in road construction
likewise would experience cost increases of $5 per cubic yard of concrete
mix, ton of hot mix, and ton of flex base for an estimated 5 percent of
the volume of aggregate the local unit of 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,
701 Texas Education Agency, 601 Texas Department
of Transportation
LBB Staff: JK, CL, MW, DW, DB, TL