BLS H.B. 1016 75(R)BILL ANALYSIS NATURAL RESOURCES H.B. 1016 By: Puente 2-26-97 Committee Report (Amended) BACKGROUND Water Code 26.046 authorizes the Texas Natural Resource Conservation Commission ("TNRCC") to impose fees for processing plans subject to review under the agency's rules for the protection of the Edwards Aquifer and the inspection of projects in those plans. The plans for which fees may be imposed are water pollution abatement plans, plans for sewage collection systems, and plans for storage facilities of hydrocarbons or hazardous substances. The applicable TNRCC rules, codified in 30 TAC Chapter 213, regulate activities having the potential for polluting the Edwards Aquifer and hydrologically connected surface streams. Currently, the TNRCC has limited funds for the Edwards Aquifer program. During annual TNRCC hearings on the Edwards Aquifer, persons concerned with Aquifer protection commented that compliance could be better monitored if more funds were available for the Edwards program. Program fees specifically targeted for the Edwards program would help remedy the problem of limited funding for Edwards Aquifer pollution prevention. PURPOSE To allow fees collected from the Edwards Aquifer to be increased and to deposit them in a special account to be used specifically for the TNRCC's Edwards Aquifer programs. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1: Amends Sections 26.0461(d) Water Code by raising the ceiling on fees that may be charged from $2,000 to $5,000; and (h) providing that fees collected for processing submitted plans will be deposited in the treasury and credited to a special account to be used only for TNRCC's Edwards Aquifer programs. SECTION 2: Emergency Clause EXPLANATION OF AMENDMENTS Committee Amendment #1: Amends proposed subsection (h) of Section 26.0461 of the Water Code, Section 1 of the bill, by removing the language creating a special account in which fees shall be deposited, and reinstating the language in existing law that provides for their deposit in the water quality fund.