LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION March 25, 2013 TO: Honorable Troy Fraser, Chair, Senate Committee on Natural Resources FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB1300 by Eltife (Relating to environmental or health and safety audits under the Texas Environmental, Health, and Safety Audit Privilege Act.), As Introduced No significant fiscal implication to the State is anticipated. The bill would modify the Texas Environmental, Health, and Safety Audit Privilege Act to provide prospective purchasers of facilities regulated by the Texas Commission on Environmental Quality (TCEQ) the opportunity to avail themselves of the Act for violations identified during their pre-acquisition investigation prior to acquisition of the facility. Currently, the Act only applies to existing owners and operators. The bill would also prescribe a six-month time frame for the completion of an audit after a prospective buyer closes on the acquisition of a facility, and it would provide immunity in certain circumstances for the disclosure of violations within the first six months of acquisition of the facility. Passage of the bill is not expected to result in a significant increase in TCEQ's workload. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:582 Commission on Environmental Quality LBB Staff: UP, SZ, TL LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION March 25, 2013 TO: Honorable Troy Fraser, Chair, Senate Committee on Natural Resources FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB1300 by Eltife (Relating to environmental or health and safety audits under the Texas Environmental, Health, and Safety Audit Privilege Act.), As Introduced TO: Honorable Troy Fraser, Chair, Senate Committee on Natural Resources FROM: Ursula Parks, Director, Legislative Budget Board IN RE: SB1300 by Eltife (Relating to environmental or health and safety audits under the Texas Environmental, Health, and Safety Audit Privilege Act.), As Introduced Honorable Troy Fraser, Chair, Senate Committee on Natural Resources Honorable Troy Fraser, Chair, Senate Committee on Natural Resources Ursula Parks, Director, Legislative Budget Board Ursula Parks, Director, Legislative Budget Board SB1300 by Eltife (Relating to environmental or health and safety audits under the Texas Environmental, Health, and Safety Audit Privilege Act.), As Introduced SB1300 by Eltife (Relating to environmental or health and safety audits under the Texas Environmental, Health, and Safety Audit Privilege Act.), As Introduced No significant fiscal implication to the State is anticipated. No significant fiscal implication to the State is anticipated. The bill would modify the Texas Environmental, Health, and Safety Audit Privilege Act to provide prospective purchasers of facilities regulated by the Texas Commission on Environmental Quality (TCEQ) the opportunity to avail themselves of the Act for violations identified during their pre-acquisition investigation prior to acquisition of the facility. Currently, the Act only applies to existing owners and operators. The bill would also prescribe a six-month time frame for the completion of an audit after a prospective buyer closes on the acquisition of a facility, and it would provide immunity in certain circumstances for the disclosure of violations within the first six months of acquisition of the facility. Passage of the bill is not expected to result in a significant increase in TCEQ's workload. The bill would modify the Texas Environmental, Health, and Safety Audit Privilege Act to provide prospective purchasers of facilities regulated by the Texas Commission on Environmental Quality (TCEQ) the opportunity to avail themselves of the Act for violations identified during their pre-acquisition investigation prior to acquisition of the facility. Currently, the Act only applies to existing owners and operators. The bill would also prescribe a six-month time frame for the completion of an audit after a prospective buyer closes on the acquisition of a facility, and it would provide immunity in certain circumstances for the disclosure of violations within the first six months of acquisition of the facility. Passage of the bill is not expected to result in a significant increase in TCEQ's workload. 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: UP, SZ, TL UP, SZ, TL