LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION May 2, 2011 TO: Honorable Wayne Smith, Chair, House Committee on Environmental Regulation FROM: John S O'Brien, Director, Legislative Budget Board IN RE:SB1003 by Fraser (Relating to penalties for, and emergency orders suspending, the operation of a rock crusher or certain concrete plants without a current permit under the Texas Clean Air Act.), As Engrossed No significant fiscal implication to the State is anticipated. The bill would allow a rock crusher or concrete plant to notify the Texas Commission on Environmental Quality (TCEQ) that it intends to operate past the date their permit expires. If a facility would do so, the agency would have the discretion to impose a penalty no greater than $10,000 for each violation. If a rock crusher or cement plant would fail to notify the agency of its intent to operate without the required permit before the expiration date, then the penalty imposed would be $10,000 per day that the violation occurs. In addition, the bill would grant the TCEQ the option to issue an emergency order to suspend the operation of a rock crusher or cement plant instead of mandating a shutdown. The TCEQ reports that the bill's passage could result in a minimal decrease in the amount of penalties deposited to the General Revenue Fund. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:304 Comptroller of Public Accounts, 582 Commission on Environmental Quality LBB Staff: JOB, SZ, TL LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION May 2, 2011 TO: Honorable Wayne Smith, Chair, House Committee on Environmental Regulation FROM: John S O'Brien, Director, Legislative Budget Board IN RE:SB1003 by Fraser (Relating to penalties for, and emergency orders suspending, the operation of a rock crusher or certain concrete plants without a current permit under the Texas Clean Air Act.), As Engrossed TO: Honorable Wayne Smith, Chair, House Committee on Environmental Regulation FROM: John S O'Brien, Director, Legislative Budget Board IN RE: SB1003 by Fraser (Relating to penalties for, and emergency orders suspending, the operation of a rock crusher or certain concrete plants without a current permit under the Texas Clean Air Act.), As Engrossed Honorable Wayne Smith, Chair, House Committee on Environmental Regulation Honorable Wayne Smith, Chair, House Committee on Environmental Regulation John S O'Brien, Director, Legislative Budget Board John S O'Brien, Director, Legislative Budget Board SB1003 by Fraser (Relating to penalties for, and emergency orders suspending, the operation of a rock crusher or certain concrete plants without a current permit under the Texas Clean Air Act.), As Engrossed SB1003 by Fraser (Relating to penalties for, and emergency orders suspending, the operation of a rock crusher or certain concrete plants without a current permit under the Texas Clean Air Act.), As Engrossed No significant fiscal implication to the State is anticipated. No significant fiscal implication to the State is anticipated. The bill would allow a rock crusher or concrete plant to notify the Texas Commission on Environmental Quality (TCEQ) that it intends to operate past the date their permit expires. If a facility would do so, the agency would have the discretion to impose a penalty no greater than $10,000 for each violation. If a rock crusher or cement plant would fail to notify the agency of its intent to operate without the required permit before the expiration date, then the penalty imposed would be $10,000 per day that the violation occurs. In addition, the bill would grant the TCEQ the option to issue an emergency order to suspend the operation of a rock crusher or cement plant instead of mandating a shutdown. The TCEQ reports that the bill's passage could result in a minimal decrease in the amount of penalties deposited to the General Revenue Fund. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: 304 Comptroller of Public Accounts, 582 Commission on Environmental Quality 304 Comptroller of Public Accounts, 582 Commission on Environmental Quality LBB Staff: JOB, SZ, TL JOB, SZ, TL