COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:1163H.02P Bill No.:Perfected HCS for HB 631 Subject:Boards, Commissions, Committees, and Councils; Mining and Oil and Gas Production; Department of Natural Resources Type:Original Date:March 28, 2023Bill Summary:This proposal modifies provisions relating to the Department of Natural Resources. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTED FY 2024FY 2025FY 2026Fully Implemented (FY 2031) General Revenue* $0$148,194$177,833$177,833 Total Estimated Net Effect on General Revenue $0$148,194$177,833$177,833 *Oversight notes this fee revenue is currently set to expire prior to August 28, 2024 (FY 2025). This proposal (HA 2) extends the sunset until August 28, 2030. This reflects a continuance of the existing fees authorized in Sections 444.768 & 444.772. Numbers within parentheses: () indicate costs or losses. L.R. No. 1163H.02P Bill No. Perfected HCS for HB 631 Page 2 of March 28, 2023 KB:LR:OD ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2024FY 2025FY 2026Fully Implemented (FY 2031) Geologic Resources Fund (0801)$0$0$94,499$188,998 Oil and Gas Wells Fund (0543)$0$0$42,376$50,851 Hazardous Waste Fund (0676)$410,713$2,637,746$3,001,010$3,001,010 Solid Waste Management Fund – Scrap Tire Subaccount (0569)$0$0$1,256,718$2,513,435 Environmental Radiation Monitoring Fund (0656) $0$116,111$139,333$139,333 Mined Land Reclamation Fund (0906) $0$621,523$745,828$745,828 Safe Drinking Water Fund (0679)$0$4,635,702$5,562,842$5,562,842 Natural Resources Protection Fund – Air Pollution Permit Fee Subaccount (0594) $0$5,469,282$6,563,138$6,563,138 Natural Resources Protection Fund – Water Pollution Permit Fee Subaccount (0568)$0$4,827,794$5,793,353$5,793,353 Total Estimated Net Effect on Other State Funds$410,713$18,308,158$23,199,097$24,558,778 *Oversight notes this fee revenue is currently set to expire prior to January 1, 2026 (FY 2026). This proposal (HA 2) extends the sunset for six years (for each fee respectively). This reflects a continuance of the existing fees authorized in Sections 256.700, 259.080, 260.262, 260.273, 260.380, 260.392, 260.475, 444.768, 444.772, 640.100, 643.079 & 644.057. L.R. No. 1163H.02P Bill No. Perfected HCS for HB 631 Page 3 of March 28, 2023 KB:LR:OD ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTED FY 2024FY 2025FY 2026Fully Implemented (FY 2034) Total Estimated Net Effect on All Federal Funds $0$0$0$0 ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTED FY 2024FY 2025FY 2026Fully Implemented (FY 2034) Total Estimated Net Effect on FTE 0000 ☐ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any of the three fiscal years after implementation of the act or at full implementation of the act. ☒ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of the three fiscal years after implementation of the act or at full implementation of the act. ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTED FY 2024FY 2025FY 2026Fully Implemented (FY 2034) Local Government$0$0$0$0 L.R. No. 1163H.02P Bill No. Perfected HCS for HB 631 Page 4 of March 28, 2023 KB:LR:OD FISCAL ANALYSIS ASSUMPTION Section 256.710 – Industrial Minerals Advisory Council Officials from the Department of Natural Resources and the Missouri Department of Transportation each assume section 256.710 of the proposal will have no fiscal impact on their respective organizations. Oversight notes that the above mentioned agencies have stated the proposal would not have a direct fiscal impact on their organization. Oversight does not have any information to the contrary. Oversight notes the Industrial Minerals Advisory Council is still composed of nine members with this proposal. Therefore, Oversight will reflect a zero impact on the fiscal note for section 256.710. Department of Natural Resources Fees (HA 2) Officials from the Department of Natural Resources (DNR) assume the proposal will have no fiscal impact on their organization. DNR notes the following amounts have been collected for the various fees: §256.700 – Geologic Resources Fund (0801) (in response to SB 109 (2023)) FY 2020 $200,585 FY 2021 $180,593 FY 2022 $185,816 Oversight notes there was a $232,585 balance in the Geologic Resources Fund as of January 31, 2023. Oversight will reflect revenue in the amount of $188,998 (average of past three fiscal years) continuing due to the fee extension from 2025 to 2031 on the fiscal note. §259.080 – Oil and Gas Well Resources Fund (0543) FY 2020 $57,548 FY 2021 $46,155 FY 2022 $48,851 Oversight notes there was a $324,596 balance in the Fund as of January 31, 2023. Oversight will reflect revenue in the amount of $50,851 (average of past three fiscal years) continuing due to the fee extension from 2025 to 2031 on the fiscal note. L.R. No. 1163H.02P Bill No. Perfected HCS for HB 631 Page 5 of March 28, 2023 KB:LR:OD §260.262 – Lead-Acid Battery Fee (Hazardous Waste Fund 0676) FY 2020 $757,417 FY 2021 $842,281 FY 2022 $864,578 Oversight notes there was an $11,131,094 balance in the Fund as of January 31, 2023. Oversight will reflect revenue in the amount of $821,425 (average of past three fiscal years) continuing due to the fee extension from 2023 to 2029 on the fiscal note. §260.273 – Scrap Tire Fee (Solid Waste Management – Scrap Tire Fund Subaccount Fund 0569) FY 2020 $2,481,163 FY 2021 $2,015,512 FY 2022 $3,043,631 Oversight notes there was a $7,121,634 balance in the Fund as of January 31, 2023. Oversight will reflect revenue in the amount of $2,513,435 (average of past three fiscal years) continuing due to the fee extension from 2025 to 2031 on the fiscal note. §260.380 – Hazardous Waste Generator Fee (Hazardous Waste Fund 0676) FY 2020 $1,900,159 FY 2021 $1,920,783 FY 2022 $1,816,939 Oversight notes there was an $11,131,094 balance in the Fund as of January 31, 2023. Oversight will reflect revenue in the amount of $1,879,294 (average of past three fiscal years) continuing due to the fee extension from 2024 to 2030 on the fiscal note. §260.392 – Environmental Radiation Monitoring Transport Fee (Environmental Radiation Monitoring Fund (0656) FY 2020 $134,000 FY 2021 $102,725 FY 2022 $181,275 Oversight notes there was an $181,046 balance in the Fund as of January 31, 2023. Oversight will reflect revenue in the amount of $139,333 (average of past three fiscal years) continuing due to the fee extension from 2024 to 2030 on the fiscal note. L.R. No. 1163H.02P Bill No. Perfected HCS for HB 631 Page 6 of March 28, 2023 KB:LR:OD §260.475 – Hazardous Waste Land Disposal Fee (Hazardous Waste Fund 0676) FY 2020 $305,370 FY 2021 $335,681 FY 2022 $259,822 Oversight notes there was an $11,131,094 balance in the Fund as of January 31, 2023. Oversight will reflect revenue in the amount of $300,291 (average of past three fiscal years) continuing due to the fee extension from 2024 to 2030 on the fiscal note. §§444.768 & 444.772 – Surface Mining -Land Reclamation Act (Mined Land Reclamation Fund 0906) FY 2020 $773,335 (Mined Land Reclamation Fund) $145,500 (General Revenue) FY 2021 $704,629 (Mined Land Reclamation Fund) $194,000 (General Revenue) FY 2022 $759,521 (Mined Land Reclamation Fund) $194,000 (General Revenue) Oversight notes there was a $1,615,826 balance in the Fund as of January 31, 2023. Oversight will reflect revenue in the amount of $745,828 for the Mined Land Reclamation Fund and $177,833 for the General Revenue Fund (average of past three fiscal years) continuing due to the fee extension from 2024 to 2030 on the fiscal note. §640.100 – Safe Drinking Water Fund (0679) FY 2020 $5,295,605 FY 2021 $5,455,159 FY 2022 $5,937,761 Oversight notes there was an $8,925,790 balance in the Fund as of January 31, 2023. Oversight will reflect revenue in the amount of $5,562,842 (average of past three fiscal years) continuing due to the fee extension from 2024 to 2030 on the fiscal note. §643.079 – Clean Air Fees – Emissions and Permit Fees (Natural Resources Protection Fund – Air Pollution Permit Fee Subaccount (0594) FY 2020 $6,268,040 FY 2021 $6,339,541 FY 2022 $7,081,832 Oversight notes there was a $3,356,322 balance in the Fund as of January 31, 2023. Oversight will reflect revenue in the amount of $6,563,138 (average of past three fiscal years) continuing due to the fee extension from 2024 to 2030 on the fiscal note. L.R. No. 1163H.02P Bill No. Perfected HCS for HB 631 Page 7 of March 28, 2023 KB:LR:OD §644.057 – Clean Water Fee (Natural Resources Protection Fund – Water Pollution Permit Fee Subaccount 0568) FY 2020 $5,490,416 FY 2021 $5,574,843 FY 2022 $6,314,800 (higher due to land disturbance being due every five years) Oversight notes there was a $26,039,664 balance in the Fund as of January 31, 2023. Oversight will reflect revenue in the amount of $5,793,353 (average of past three fiscal years) continuing due to the fee extension from 2024 to 2030 on the fiscal note. Exemptions from Clean Water Law Permitting Requirements (HA 3) Officials from the Department of Natural Resources assume the proposal will have no fiscal impact on their organization. Oversight notes that the above mentioned agency has stated the proposal would not have a direct fiscal impact on the organization. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact on the fiscal note. FISCAL IMPACT – State Government FY 2024FY 2025FY 2026Fully Implemented (FY 2031) GENERAL REVENUE FUND Revenue Extension – extension of fee from 2024 to 2030 §§444.768 & 444.772 p. 6 (HA 2) $0$148,194$177,833$177,833 ESTIMATED NET EFFECT ON THE GENERAL REVENUE FUND $0$148,194$177,833$177,833 L.R. No. 1163H.02P Bill No. Perfected HCS for HB 631 Page 8 of March 28, 2023 KB:LR:OD FISCAL IMPACT – State Government (continued) FY 2024FY 2025FY 2026Fully Implemented (FY 2031) GEOLOGIC RESOURCES FUND (0801) Revenue Extension – extension of fee from 2025 to 2031 §256.700 p. 4 (HA 2) $0$0$94,499$188,998 ESTIMATED NET EFFECT ON THE GEOLOGIC RESOURCES FUND (0801)$0$0$94,499$188,998 OIL AND GAS WELLS RESOURCE FUND (0543) Revenue Extension – extension of fee from 2025 to 2031 §259.080 p. 4 (HA 2)$0$0$42,376$50,851 ESTIMATED NET EFFECT ON THE OIL AND GAS WELLS RESOURCE FUND (0543) $0$0$42,376$50,851 L.R. No. 1163H.02P Bill No. Perfected HCS for HB 631 Page 9 of March 28, 2023 KB:LR:OD FISCAL IMPACT – State Government (continued) FY 2024FY 2025FY 2026Fully Implemented (FY 2031) HAZARDOUS WASTE FUND (0676) Revenue Extension – extension of fee from 2023 to 2029 §260.262 p. 5 (HA 2)$410,713$821,425$821,425$821,425 Revenue Extension – extension of fee from 2024 to 2030 §260.380 p. 5 (HA 2)$0$1,566,078$1,879,294$1,879,294 Revenue Extension – extension of fee from 2024 to 2030 §260.475 p. 6 (HA 2)$0$250,243$300,291$300,291 ESTIMATED NET EFFECT ON THE HAZARDOUS WASTE FUND (0676)$410,713$2,637,746$3,001,010$3,001,010 SOLID WASTE MANAGEMENT – SCRAP TIRE SUBACCOUNT (0569) Revenue Extension – extension of fee from 2025 to 2031 §260.273 p. 5 (HA 2)$0$0$1,256,718$2,513,435 ESTIMATED NET EFFECT ON THE SOLID WASTE MANAGEMENT – SCRAP TIRE SUBACCOUNT (0569)$0$0$1,256,718$2,513,435 L.R. No. 1163H.02P Bill No. Perfected HCS for HB 631 Page 10 of 13 March 28, 2023 KB:LR:OD FISCAL IMPACT – State Government (continued) FY 2024FY 2025FY 2026Fully Implemented (FY 2031) ENVIRONMENTAL RADIATION MONITORING FUND (0656) Revenue Extension – extension of fee from 2024 to 2030 §260.392 p. 5 (HA 2)$0$116,111$139,333$139,333 ESTIMATED NET EFFECTON THE ENVIRONMENTAL RADIATION MONITORING FUND (0656)$0$116,111$139,333$139,333 MINED LAND RECLAMATION FUND (0906) Revenue Extension – extension of fee from 2024 to 2030 §§444,768 & 444.772 p. 6 (HA 2) $0$621,523$745,828$745,828 ESTIMATED NET EFFECTON THE MINED LAND RECLAMATION FUND (0906)$0$621,523$745,828$745,828 L.R. No. 1163H.02P Bill No. Perfected HCS for HB 631 Page 11 of 13 March 28, 2023 KB:LR:OD FISCAL IMPACT – State Government (continued) FY 2024FY 2025FY 2026Fully Implemented (FY 2034) SAFE DRINKING WATER FUND (0679) Revenue Extension – extension of fee from 2024 to 2030 §640.100 p. 6 (HA 2)$0$4,635,702$5,562,842$5,562,842 ESTIMATED NET EFFECT ON THE SAFE DRINKING WATER FUND (0679) $0$4,635,702$5,562,842$5,562,842 NATURAL RESOURCES PROTECTION FUND – AIR POLLUTION PERMIT FEE SUBACCOUTN (0594) Revenue Extension – extension of fee from 2024 to 2030 §643.079 p. 6 (HA 2)$0$5,469,282$6,563,138$6,563,138 ESTIMATED NET EFFECT ON THE NATURAL RESOURCES PROTECTION FUND – AIR POLLUTION PERMIT FEE SUBACCOUNT (0594)$0$5,469,282$6,563,138$6,563,138 L.R. No. 1163H.02P Bill No. Perfected HCS for HB 631 Page 12 of 13 March 28, 2023 KB:LR:OD FISCAL IMPACT – State Government (continued) FY 2024FY 2025FY 2026Fully Implemented (FY 2034) NATURAL RESOURCES PROTECTION FUND – WATER POLLUTION PERMIT FEE SUBACCOUNT (0568) Revenue Extension – extension of fee from 2024 to 2030 §644.057 p. 7 (HA 2) $0$4,827,794$5,793,353$5,793,353ESTIMATED NET EFFECT ON THE NATURAL RESOURCES PROTECTION FUND – WATER POLLUTION PERMIT FEE SUBACCOUNT (0568) $0$4,827,794$5,793,353$5,793,353 FISCAL IMPACT – Local Government FY 2024 (10 Mo.) FY 2025FY 2026Fully Implemented (FY 2034) $0$0$0 FISCAL IMPACT – Small Business Small businesses that are required to pay the fees mentioned above could be impacted as a result of this proposal. FISCAL DESCRIPTION This proposal extends fees for programs within the Department of Natural Resources. This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space. L.R. No. 1163H.02P Bill No. Perfected HCS for HB 631 Page 13 of 13 March 28, 2023 KB:LR:OD SOURCES OF INFORMATION Department of Natural Resources Missouri Department of Transportation Julie MorffRoss StropeDirectorAssistant DirectorMarch 28, 2023March 28, 2023