LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION May 3, 2011 TO: Honorable Allan Ritter, Chair, House Committee on Natural Resources FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HJR138 by Ritter (Proposing a constitutional amendment providing for the creation and funding of the state water implementation fund for Texas to assist the Texas Water Development Board in the funding of certain projects included in the state water plan.), Committee Report 1st House, Substituted Estimated Two-year Net Impact to General Revenue Related Funds for HJR138, Committee Report 1st House, Substituted: a negative impact of ($105,495) through the biennium ending August 31, 2013. 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, 82ND LEGISLATIVE REGULAR SESSION May 3, 2011 TO: Honorable Allan Ritter, Chair, House Committee on Natural Resources FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HJR138 by Ritter (Proposing a constitutional amendment providing for the creation and funding of the state water implementation fund for Texas to assist the Texas Water Development Board in the funding of certain projects included in the state water plan.), Committee Report 1st House, Substituted TO: Honorable Allan Ritter, Chair, House Committee on Natural Resources FROM: John S O'Brien, Director, Legislative Budget Board IN RE: HJR138 by Ritter (Proposing a constitutional amendment providing for the creation and funding of the state water implementation fund for Texas to assist the Texas Water Development Board in the funding of certain projects included in the state water plan.), Committee Report 1st House, Substituted Honorable Allan Ritter, Chair, House Committee on Natural Resources Honorable Allan Ritter, Chair, House Committee on Natural Resources John S O'Brien, Director, Legislative Budget Board John S O'Brien, Director, Legislative Budget Board HJR138 by Ritter (Proposing a constitutional amendment providing for the creation and funding of the state water implementation fund for Texas to assist the Texas Water Development Board in the funding of certain projects included in the state water plan.), Committee Report 1st House, Substituted HJR138 by Ritter (Proposing a constitutional amendment providing for the creation and funding of the state water implementation fund for Texas to assist the Texas Water Development Board in the funding of certain projects included in the state water plan.), Committee Report 1st House, Substituted Estimated Two-year Net Impact to General Revenue Related Funds for HJR138, Committee Report 1st House, Substituted: a negative impact of ($105,495) through the biennium ending August 31, 2013. 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 HJR138, Committee Report 1st House, Substituted: a negative impact of ($105,495) through the biennium ending August 31, 2013. 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 2012 ($105,495) 2013 $0 2014 $0 2015 $0 2016 $0 2012 ($105,495) 2013 $0 2014 $0 2015 $0 2016 $0 All Funds, Five-Year Impact: Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 Probable Savings/(Cost) fromSystem Benefit Account5100 Probable Revenue Gain/(Loss) fromState Water Implementation Fund for Texas 2012 ($105,495) $0 $0 2013 $0 $0 $0 2014 $0 ($500,000,000) $500,000,000 2015 $0 $0 $0 2016 $0 $0 $0 Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 Probable Savings/(Cost) fromSystem Benefit Account5100 Probable Revenue Gain/(Loss) fromState Water Implementation Fund for Texas 2012 ($105,495) $0 $0 2013 $0 $0 $0 2014 $0 ($500,000,000) $500,000,000 2015 $0 $0 $0 2016 $0 $0 $0 2012 ($105,495) $0 $0 2013 $0 $0 $0 2014 $0 ($500,000,000) $500,000,000 2015 $0 $0 $0 2016 $0 $0 $0 Fiscal Analysis The joint resolution would create the State Water Implementation Fund for Texas in the state treasury to provide a method for financing projects included in a statewide water plan. Money deposited to the credit of the fund would be administered, without further appropriation, by the Water Development Board. The resolution would authorize the Legislature to provide for the imposition of a fee or tax which would be deposited to the credit of the State Water Implementation Fund for Texas; prescribe the manner in which money in the fund may be used; and would require the Legislature, by general law, to provide for the imposition of a public water supply service connection fee to be collected by a water utility from the utilitys customers. The resolution would authorize the Comptroller to determine the rate of the fee by rule, which is not to exceed the following rates: $1 per month for residential use; $5 per month for commercial use; and $100 per month for industrial use. The resolution would transfer from the System Benefit Fund to the State Water Implementation Fund for Texas the lesser of $500 million or the available balance of the System Benefit Fund on September 1, 2014. The proposed constitutional amendment would be submitted to the voters at an election to be held November 8, 2011. The joint resolution would create the State Water Implementation Fund for Texas in the state treasury to provide a method for financing projects included in a statewide water plan. Money deposited to the credit of the fund would be administered, without further appropriation, by the Water Development Board. The resolution would authorize the Legislature to provide for the imposition of a fee or tax which would be deposited to the credit of the State Water Implementation Fund for Texas; prescribe the manner in which money in the fund may be used; and would require the Legislature, by general law, to provide for the imposition of a public water supply service connection fee to be collected by a water utility from the utilitys customers. The resolution would authorize the Comptroller to determine the rate of the fee by rule, which is not to exceed the following rates: $1 per month for residential use; $5 per month for commercial use; and $100 per month for industrial use. The resolution would transfer from the System Benefit Fund to the State Water Implementation Fund for Texas the lesser of $500 million or the available balance of the System Benefit Fund on September 1, 2014. The proposed constitutional amendment would be submitted to the voters at an election to be held November 8, 2011. Methodology The cost to the state for publication of the resolution would be $105,495 in fiscal year 2012 out of the General Revenue Fund. This analysis assumes there would be a transfer of $500 million from the System Benefit Fund to the State Water Implementation Fund for Texas in fiscal year 2014. The cost to the state for publication of the resolution would be $105,495 in fiscal year 2012 out of the General Revenue Fund. This analysis assumes there would be a transfer of $500 million from the System Benefit Fund to the State Water Implementation Fund for Texas in fiscal year 2014. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: 304 Comptroller of Public Accounts, 580 Water Development Board 304 Comptroller of Public Accounts, 580 Water Development Board LBB Staff: JOB, SZ, ZS, AH, SD JOB, SZ, ZS, AH, SD