Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they are used for other purposes. F I S C A L I M P A C T R E P O R T SPONSOR Ezzell LAST UPDATED ORIGINAL DATE 02 /21/25 SHORT TITLE Flood Recovery Bonds & Gross Receipts BILL NUMBER Senate Bill 383/ec ANALYST Graeser REVENUE* (dollars in thousands) Type FY25 FY26 FY27 FY28 FY29 Recurring or Nonrecurring Fund Affected GRT Administrative Fee $0* Up to $114.0 Up to $117.0 Up to $120.0 Up to $123.0 Recurring General Fund Muni Recovery GRT $0* Up to $3,670.0 Up to $3,780.0 Up to $3,880.0 Up to $3,990.0 Recurring Roswell Bond Proceeds Up to $44,000.0 $0 $0 $0 $0 Nonrecurring Roswell FEMA Reimbursement $0* Up to $33,500.0 Up to $33,500.0 Up to $33,500.0 Up to 33,500.0 Nonrecurring Roswell GRT $0* Up to $1,630.0 Up to $1,630.0 Up to $1,630.0 Up to $1,630.0 Nonrecurring General Fund** $0* Up to $460.0 Up to $460.0 Up to $460.0 Up to $460.0 Nonrecurring Chaves County $0* Up to $1,550.0 Up to $1,550.0 Up to $1,550.0 Up to $1,550.0 Nonrecurring Roswell Parentheses ( ) indicate revenue decreases. * Probable despite emergency clause ** Does not include Admin Fee. ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT* (dollars in thousands) Agency/Program FY25 FY26 FY27 3 Year Total Cost Recurring or Nonrecurring Fund Affected TRD Up to $500.0 Up to $500.0 Nonrecurring General Fund Parentheses ( ) indicate expenditure decreases. Sources of Information RP500 Reports LFC Files Agency Analysis Received From Department of Public Safety (DPS) Agency Analysis was Solicited but Not Received From Taxation and Revenue Department (TRD) Department of Finance and Administration/Local Government Division (DFA/LGD) Department of Homeland Security and Emergency Management (DHSEM) Senate Bill 383/ec – Page 2 SUMMARY Synopsis of Senate Bill 383 Senate Bill 383 (SB383) expands the use of revenue bonds to include flood recovery and then defines the municipalities permitted to use them in such a way that only the city of Roswell qualifies. Under the bill, Roswell would be permitted to impose a local option municipal flood recovery gross receipts tax of up to 0.25 percent and use the proceeds of that tax to amortize gross receipts revenue bonds. Section 4 of the bill provides a temporarily limited governmental gross receipts tax deduction [emphasis added] for services and materials to a municipality if the services and tangible personal property are used exclusively for the rebuilding, repairing, replacing, or hardening of the municipality's property that was damaged by a flood. This bill contains an emergency clause and would become effective the first of the month following signature by the governor. FISCAL IMPLICATIONS Roswell could use the bond proceeds to provide the 25 percent local share for federal disaster aid for rebuilding, repairing, replacing, and hardening of municipal property damaged by a flood. The impact of the governmental gross receipts tax (GGRT) deduction is uncertain. This deduction will not allow a deduction from the regular gross receipts tax for repairs contracted by the city to private contractors. The usual procedure in that case is for the city to reimburse the contractors for their gross receipts tax liability. The proceeds of the bonds are specifically restricted to repairs of municipal property damaged by the flood. The deduction is to sunset as of July 1, 2028. The deduction may have something to do with the 75 percent of reimbursable costs available from the Federal Emergency Management Agency. The municipal flood recovery gross receipt tax may be imposed in increments of 0.001 percent up to .25 percent. The tax will continue until the bonds are paid off. FY22 FY23 FY24 FY25 FY26 FY27 FY28 FY29 MTGR ($1,000,000) $1,32 8 $1,412 $1,421 $1,468 $1, 514 $1,557 $1,600 $1,643 Revenue at .25% ($1,000) $3,220 $3,420 $3,450 $3,560 $3,674 $3,778 $3,882 $3,986 3% Admin -- Gen Fund ($1,000) $100.0 $106.0 $107.0 $110.0 $114.0 $117.0 $120.0 $123.0 With the emergency clause, the tax could begin as early as April 1, 2025, but this would be out of cycle for the Taxation and Revenue Department (TRD). The tax would more likely begin July 1, 2025, with the current tax-exempt interest rate of 4.42 percent for revenue bonds for a loan from the public project revolving fund. For 20-year bonds and projecting the proceeds of the tax based on FY22 through FY25 second quarter amounts, total proceeds of the tax would be $68 million and the net present value $45 million. This $45 million, less cost of the bond sales, would be a good approximation of the maximum amount of the loan. This calculation would be for the full amount of the 0.25 percent tax Senate Bill 383/ec – Page 3 SIGNIFICANT ISSUES On October 21, 2024, Roswell experienced serious flooding with substantial property damage and two fatalities. The area was declared a federal disaster area on November 2, 2024. Roswell recorded 5.78 inches of rainfall, four times the region's average October rainfall and breaking the previous record of 5.65 inches set in 1901. The Spring River channel overflowed, causing extreme flooding in downtown Roswell. First responders performed more than 300 water rescues. The flooding inundated roads, swept away cars, and damaged bridges and buildings. The flooding left much of the city under a layer of silt. The governor declared a state of emergency for the Chaves County area, unlocking $1 million in state funding to help relief efforts. The president declared a federal disaster area and made it eligible for federal disaster relief. TECHNICAL ISSUES The governmental gross receipts tax deduction proposed could render the FEMA money not taxable. LG/sgs/hg