By Lewis of Orange                              H.B. No. 2333

      75R7414 MI-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to certain fees related to water quality.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Sections 26.0291(a), (b), and (c), Water Code

 1-5     (effective until delegation of NPDES permit authority), are amended

 1-6     to read as follows:

 1-7           (a)  An annual waste treatment inspection fee is imposed on

 1-8     each permittee for each waste discharge permit held by the

 1-9     permittee.  The fee is to supplement any other funds available to

1-10     pay expenses of the commission in inspecting waste treatment

1-11     facilities and enforcing the laws of the state, and the rules of

1-12     the commission, governing waste discharge, [and] waste treatment

1-13     facilities, and the quality of the water resources of the state.

1-14     The  fee for each year is imposed on each permit in effect during

1-15     any part of the year.

1-16           (b)  The commission, by rule, shall adopt a fee schedule for

1-17     determining the amount of the fee to be charged.  Before September

1-18     1, 1998, the [The] amount of the fee may not exceed $25,000

1-19     [$11,000]  for each waste discharge permit held by a permittee.

1-20     Effective September 1, 1998, the amount of the fee may not exceed

1-21     $65,000 for each waste discharge permit held by a permittee.  In

1-22     determining  the amount of a fee under this section, the commission

1-23     may consider permitting factors such as flow volume, toxic

1-24     pollutant potential, level of traditional pollutants, and heat

 2-1     load.  The commission also may consider the designated uses and

 2-2     segment ranking classification of the water affected by discharges

 2-3     from the permitted facility.

 2-4           (c)  The fees collected under this section shall be deposited

 2-5     in a special fund in the state treasury to be known as the water

 2-6     quality fund.  Money in the fund shall be used as follows:

 2-7                 (1)  to supplement any other funds available for paying

 2-8     expenses of the commission in carrying out water quality programs

 2-9     authorized under this chapter and inspecting waste treatment

2-10     facilities;

2-11                 (2)  to pay for the issuance and renewal of

2-12     certificates of competency under and to administer Section 26.0301

2-13     of this code; [and]

2-14                 (3)  to pay for processing plans or amendments to plans

2-15     and inspecting the construction of projects under those plans

2-16     pursuant to Section 26.0461 of this code and rules of the

2-17     commission adopted under Sections 26.046 and 26.0461 of this code;

2-18     and

2-19                 (4)  effective September 1, 1998, to pay for the

2-20     regional assessment of water quality in the state's watersheds and

2-21     river basins and the implementation of regional water quality

2-22     management functions under Sections 26.0135 and 26.0136.

2-23           SECTION 2.  Sections 26.0291(a), (b), and (c), Water Code

2-24     (effective upon delegation of NPDES permit authority), are amended

2-25     to read as follows:

2-26           (a)  An annual waste treatment inspection fee is imposed on

2-27     each permittee for each waste discharge permit held by the

 3-1     permittee.  The fee is to supplement any other funds available to

 3-2     pay expenses of the commission in inspecting waste treatment

 3-3     facilities and enforcing the laws of the state and the rules of the

 3-4     commission governing waste discharge, [and] waste treatment

 3-5     facilities, and the quality of the water resources of the state.

 3-6     The fee for each year is imposed on each permit in effect during

 3-7     any part of the year.

 3-8           (b)  The commission by rule shall adopt a fee schedule for

 3-9     determining the amount of the fee to be charged.  Before September

3-10     1, 1998, the [The] amount of the fee may not exceed $40,000

3-11     [$25,000] for each waste discharge permit held by a permittee.

3-12     Effective September 1, 1998, the amount of the fee may not exceed

3-13     $80,000 for each waste discharge permit held by a permittee.  In

3-14     determining  the amount of a fee under this section, the commission

3-15     may consider permitting factors such as flow volume, toxic

3-16     pollutant potential, level of traditional pollutant, and heat load.

3-17     The commission may consider the designated uses and segment ranking

3-18     classification of the water affected by discharges from the

3-19     permitted facility.  Finally, the commission also may consider the

3-20     expenses necessary to obtain and administer the NPDES program.  The

3-21     commission shall not adopt any rule designed to increase the fee

3-22     imposed under this section on a treatment works owned by a local

3-23     government, as those terms are defined in Section 26.001 of this

3-24     code, for the purpose of paying the additional expenses necessary

3-25     to obtain and administer the NPDES program, before August 31, 2001

3-26     [1999].

3-27           (c)  The fees collected under this section shall be deposited

 4-1     in a special fund in the state treasury to be known as the water

 4-2     quality fund.  Money in the fund shall be used as follows:

 4-3                 (1)  to supplement any other funds available for paying

 4-4     expenses of the commission in carrying out water quality programs

 4-5     authorized under this chapter and inspecting waste treatment

 4-6     facilities;

 4-7                 (2)  to pay for the issuance and renewal of

 4-8     certificates of competency under and to administer Section 26.0301

 4-9     of this code;

4-10                 (3)  to pay for processing plans or amendments to plans

4-11     and inspecting the construction of projects under those plans

4-12     pursuant to Section 26.0461 of this code and rules of the

4-13     commission adopted under Sections 26.046 and 26.0461 of this code;

4-14     [and]

4-15                 (4)  to pay for any expenses of the commission

4-16     necessary to obtain and administer the NPDES program in lieu of the

4-17     federal government; and

4-18                 (5)  effective September 1, 1998, to pay for the

4-19     regional assessment of water quality in the state's watersheds and

4-20     river basins and the implementation of regional water quality

4-21     management functions under Sections 26.0135 and 26.0136.

4-22           SECTION 3.  Section 341.041, Health and Safety Code, is

4-23     amended to read as follows:

4-24           Sec. 341.041.  FEES.  (a)  The commission by rule may charge

4-25     fees to a person who owns, operates, or maintains a public drinking

4-26     water supply system.  The fee is to supplement other money

4-27     available to pay the commission's expenses for:

 5-1                 (1)  [recover the costs of] public drinking water

 5-2     supply system programs or services authorized by this subchapter or

 5-3     performed pursuant to the requirements of the federal Safe Drinking

 5-4     Water Act (42 U.S.C.  Section 300f et seq.);

 5-5                 (2)  oversight of and technical assistance to water and

 5-6     wastewater utilities to ensure the delivery of safe and adequate

 5-7     water and wastewater services under the Water Code;

 5-8                 (3)  water resource management programs and the

 5-9     regulation of water rights authorized under the Water Code; and

5-10                 (4)  oversight of and technical assistance to

5-11     conservation and reclamation districts under the Water Code.

5-12           (b)  The commission may establish a schedule of fees.  The

5-13     amount of the fees may not exceed the reasonable costs of

5-14     administering the programs and services authorized in this section

5-15     [subchapter] or the federal Safe Drinking Water Act.

5-16           (c) [(b)]  The commission by rule may assess penalties and

5-17     interest for late payment of fees owed by persons who own, operate,

5-18     or maintain public drinking water supply systems.  Penalties and

5-19     interest established under this section may not exceed the rates

5-20     established for delinquent taxes under  Sections 111.060 and

5-21     111.061, Tax Code.

5-22           SECTION 4.  The importance of this legislation and the

5-23     crowded condition of the calendars in both houses create an

5-24     emergency and an imperative public necessity that the

5-25     constitutional rule requiring bills to be read on three several

5-26     days in each house be suspended, and this rule is hereby suspended,

5-27     and that this Act take effect and be in force from and after its

 6-1     passage, and it is so enacted.