LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION May 20, 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.), Committee Report 2nd House, Substituted No significant fiscal implication to the State is anticipated. The bill would provide conditional discretion to the Texas Commission on Environmental Quality (TCEQ) in imposing a penalty on a rock crushing facility if the person operating the facility holds any type of permit issued by the commission, even if the permit held is not the permit required for the facility. 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:582 Commission on Environmental Quality, 304 Comptroller of Public Accounts LBB Staff: JOB, SZ, TL LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION May 20, 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.), Committee Report 2nd House, Substituted 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.), Committee Report 2nd House, Substituted 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.), Committee Report 2nd House, Substituted 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.), Committee Report 2nd House, Substituted No significant fiscal implication to the State is anticipated. No significant fiscal implication to the State is anticipated. The bill would provide conditional discretion to the Texas Commission on Environmental Quality (TCEQ) in imposing a penalty on a rock crushing facility if the person operating the facility holds any type of permit issued by the commission, even if the permit held is not the permit required for the facility. 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: 582 Commission on Environmental Quality, 304 Comptroller of Public Accounts 582 Commission on Environmental Quality, 304 Comptroller of Public Accounts LBB Staff: JOB, SZ, TL JOB, SZ, TL