LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION

March 24, 2009

TO:	Honorable Byron Cook, Chair, House Committee on Environmental Regulation
FROM:	John S. O'Brien, Director, Legislative Budget Board
IN RE:	HB2495 by Dunnam (Relating to the consideration of the cumulative effects of emissions from proposed facilities in actions by the Texas Commission on Environmental Quality on applications for certain air contaminant emissions permits or permit amendments.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would require that for new facility permit and permit amendment applications, cumulative effects would need to be considered from expected emissions from the facility in the application and from other proposed facilities for which an application for a permit or permit amendment under this section is pending with the Texas Commission on  Environmental Quality on or after the effective date of the bill. This esimtate assumes that the TCEQ would consider the potential for health effects resulting from exposure to multiple chemicals and an aggregate approach to modeling to determine expected air concentrationsexpected as a concurrent result of emissions from facilities with pending permit or permit amendment applications located any distance from the facility or proposed facility. This esimate assumes that existing sources would not be included in the cumulative effects review.  

Although the bill could result in longer review times by the TCEQ for permit and permit amendment applications, it is expected that any additional administrative or enforcement duties imposed upon the TCEQ as a result of the bill's passage could be absorbed using existing agency resources.

Local Government Impact

The bill may impose a fiscal and technical burden on governmental entities that require a new source review permit or permit amendment. Some examples of the types of affected facilities that may be operated by these entities include electric generating facilities, landfills, and boilers. For permit or permit amendment applications, emissions information would need to be submitted for all proposed facilities for which a permit or permit amendment is pending. This estimate assumes that the fiscal impact of these requirements would not be significant relative to the cost of the facility being permitted.

Source Agencies:

582 Commission on Environmental Quality

LBB Staff:

JOB, WK, TL