LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 80TH LEGISLATIVE REGULAR SESSION

April 21, 2007

TO:	Honorable Robert Puente, Chair, House Committee on Natural Resources
FROM:	John S. O'Brien, Director, Legislative Budget Board
IN RE:	HB3039 by Rose (Relating to a restriction on permits authorizing discharges of treated wastewater into or adjacent to any water in the contributing or recharge zone of the Barton Springs segment of the Edwards Aquifer.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend the Water Code by adding Section 26.0465, which would prohibit the Texas Commission on Environmental Quality (TCEQ) from issuing a new permit or amending an existing permit issued prior to September 1, 2007 that would increase the amount of treated wastewater that could be discharged into or adjacent to any water in the contributing or recharge zone of the Barton Springs segment of the Edwards Aquifer.  The bill will take effect September 1, 2007.

For the purposes of this analysis, TCEQ assumes that the “Barton Springs segment of the Edwards Aquifer” includes the following watersheds in Blanco, Hays, and Travis counties: all of the Barton Creek watershed and significant portions of the Bear Creek watershed, the Little Bear Creek watershed, the Onion Creek watershed, the Slaughter Creek watershed, and the Williamson Creek watershed. The agency also assumes that the “contributing zone” and the “recharge zone” of the Barton Springs segment of the Edwards Aquifer has the same meaning as that found as regulatory terms defined in 30 Texas Administrative Code 213. While TCEQ would be required to make changes to agency rules and to modify various permit application forms and guidance documents, the agency anticipates those activities could be accomplished using existing resources.

Local Government Impact

TCEQ reports that provisions of the bill may have significant fiscal implications to local governments and other entities in the contributing or recharge zones of the Barton Springs segment of the Edwards Aquifer in Blanco, Hays, and Travis counties. The bill would significantly impact new construction as any wastewater generated that exceeds current permitted treatment capacities would have to be routed to another watershed for discharge or disposal or require the additional land for individual septic tank installation. Local government entities that wish to expand existing wastewater operations or to construct new wastewater treatment facilities would have to pay for additional land or rights of way and pipeline construction.

Source Agencies:

582 Commission on Environmental Quality

LBB Staff:

JOB, WK, DB