LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION March 18, 2009 TO: Honorable Kip Averitt, Chair, Senate Committee on Natural Resources FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB876 by Averitt (Relating to the performance of annual soil tests for certain concentrated animal feeding operations by the Texas Commission on Environmental Quality.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for SB876, As Introduced: an impact of $0 through the biennium ending August 31, 2011. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION March 18, 2009 TO: Honorable Kip Averitt, Chair, Senate Committee on Natural Resources FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB876 by Averitt (Relating to the performance of annual soil tests for certain concentrated animal feeding operations by the Texas Commission on Environmental Quality.), As Introduced TO: Honorable Kip Averitt, Chair, Senate Committee on Natural Resources FROM: John S. O'Brien, Director, Legislative Budget Board IN RE: SB876 by Averitt (Relating to the performance of annual soil tests for certain concentrated animal feeding operations by the Texas Commission on Environmental Quality.), As Introduced Honorable Kip Averitt, Chair, Senate Committee on Natural Resources Honorable Kip Averitt, Chair, Senate Committee on Natural Resources John S. O'Brien, Director, Legislative Budget Board John S. O'Brien, Director, Legislative Budget Board SB876 by Averitt (Relating to the performance of annual soil tests for certain concentrated animal feeding operations by the Texas Commission on Environmental Quality.), As Introduced SB876 by Averitt (Relating to the performance of annual soil tests for certain concentrated animal feeding operations by the Texas Commission on Environmental Quality.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for SB876, As Introduced: an impact of $0 through the biennium ending August 31, 2011. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. Estimated Two-year Net Impact to General Revenue Related Funds for SB876, As Introduced: an impact of $0 through the biennium ending August 31, 2011. 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 2010 $0 2011 $0 2012 $0 2013 $0 2014 $0 2010 $0 2011 $0 2012 $0 2013 $0 2014 $0 All Funds, Five-Year Impact: Fiscal Year Probable Savings/(Cost) fromWater Resource Management153 2010 ($197,291) 2011 ($120,791) 2012 ($120,791) 2013 ($120,791) 2014 ($120,791) Fiscal Year Probable Savings/(Cost) fromWater Resource Management153 2010 ($197,291) 2011 ($120,791) 2012 ($120,791) 2013 ($120,791) 2014 ($120,791) 2010 ($197,291) 2011 ($120,791) 2012 ($120,791) 2013 ($120,791) 2014 ($120,791) Fiscal Year Change in Number of State Employees from FY 2009 2010 1.0 2011 1.0 2012 1.0 2013 1.0 2014 1.0 Fiscal Analysis The bill would require the Texas Commission on Environmental Quality (TCEQ) to perform annual soil sampling at concentrated animal feeding operations (CAFOs) in a major sole source impairment zone (parts of the North Bosque Watershed). The bill would take effect on September 1, 2009. Methodology The bill would require the TCEQ to conduct annual soil sampling that is currently performed by CAFO operators. The bill would require agency operations and procedures to change to address the workload of collecting an estimated 1,000 soil samples. It is estimated that 1.0 additional FTE would be required at the TCEQ's regional office in Stephenville to conduct the soil sampling. Additional sampling would be done using existing regional office staff. In addition, the TCEQ would be required to develop and manage the soil sample contract; perform data entry, management and maintenance of the soil analytical results to ensure availability of information to the dairymen and legislators in various report formats; evaluate sample results; and assist with the development of guidance documents related to the CAFO program. The agency would also need to acquire specialized vehicles equipped with sampling devices. This estimate assumes that costs to implement the bill would be paid out of the General Revenue-Dedciated Water Resource Management Account No. 153. Fiscal Year Change in Number of State Employees from FY 2009 2010 1.0 2011 1.0 2012 1.0 2013 1.0 2014 1.0 2010 1.0 2011 1.0 2012 1.0 2013 1.0 2014 1.0 Fiscal Analysis The bill would require the Texas Commission on Environmental Quality (TCEQ) to perform annual soil sampling at concentrated animal feeding operations (CAFOs) in a major sole source impairment zone (parts of the North Bosque Watershed). The bill would take effect on September 1, 2009. Methodology The bill would require the TCEQ to conduct annual soil sampling that is currently performed by CAFO operators. The bill would require agency operations and procedures to change to address the workload of collecting an estimated 1,000 soil samples. It is estimated that 1.0 additional FTE would be required at the TCEQ's regional office in Stephenville to conduct the soil sampling. Additional sampling would be done using existing regional office staff. In addition, the TCEQ would be required to develop and manage the soil sample contract; perform data entry, management and maintenance of the soil analytical results to ensure availability of information to the dairymen and legislators in various report formats; evaluate sample results; and assist with the development of guidance documents related to the CAFO program. The agency would also need to acquire specialized vehicles equipped with sampling devices. This estimate assumes that costs to implement the bill would be paid out of the General Revenue-Dedciated Water Resource Management Account No. 153. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: 582 Commission on Environmental Quality 582 Commission on Environmental Quality LBB Staff: JOB, WK, ZS, TL JOB, WK, ZS, TL