By: Brown S.B. No. 1340
A BILL TO BE ENTITLED
AN ACT
1-1 relating to certain fees related to water quality.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 26.0291, Water Code (effective until
1-4 delegation of NPDES permit authority), is amended by amending
1-5 Subsections (a), (b), and (c) and adding Subsection (f) to read as
1-6 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. The amount of the
1-18 fee may not exceed $25,000 [$11,000] for each waste discharge
1-19 permit held by a permittee. In determining the amount of a fee
1-20 under this section, the commission may consider permitting factors
1-21 such as flow volume, toxic pollutant potential, level of
1-22 traditional pollutants, and heat load. The commission also may
1-23 consider the designated uses and segment ranking classification of
1-24 the water affected by discharges from the permitted facility.
2-1 (c) The fees collected under this section shall be deposited
2-2 in a special fund in the state treasury to be known as the water
2-3 quality fund. Money in the fund shall be used as follows:
2-4 (1) to supplement any other funds available for paying
2-5 expenses of the commission in carrying out water quality programs
2-6 authorized under this chapter and inspecting waste treatment
2-7 facilities;
2-8 (2) to pay for the issuance and renewal of
2-9 certificates of competency under and to administer Section 26.0301
2-10 of this code; and
2-11 (3) to pay for processing plans or amendments to plans
2-12 and inspecting the construction of projects under those plans
2-13 pursuant to Section 26.0461 of this code and rules of the
2-14 commission adopted under Sections 26.046 and 26.0461 of this code.
2-15 (f) The commission may consolidate any fee assessed against
2-16 a wastewater permit holder under Section 26.0135 with the
2-17 assessment of a wastewater inspection fee authorized under this
2-18 section. In consolidating these assessments, the commission may
2-19 not recover under Section 26.0135(h) revenues in excess of the
2-20 amounts authorized by that section. The commission also shall
2-21 ensure that any revenues collected from wastewater permit holders
2-22 under Section 26.0135 are allocated to meet the purposes of the
2-23 regional water quality assessment program authorized under that
2-24 section.
2-25 SECTION 2. Section 26.0291, Water Code (effective upon
2-26 delegation of NPDES permit authority), is amended by amending
2-27 Subsections (a), (b), and (c) and adding Subsection (f) to read as
3-1 follows:
3-2 (a) An annual waste treatment inspection fee is imposed on
3-3 each permittee for each waste discharge permit held by the
3-4 permittee. The fee is to supplement any other funds available to
3-5 pay expenses of the commission in inspecting waste treatment
3-6 facilities and enforcing the laws of the state and the rules of the
3-7 commission governing waste discharge, [and] waste treatment
3-8 facilities, and the quality of the water resources of the state.
3-9 The fee for each year is imposed on each permit in effect during
3-10 any part of the year.
3-11 (b) The commission by rule shall adopt a fee schedule for
3-12 determining the amount of the fee to be charged. The amount of the
3-13 fee may not exceed $40,000 [$25,000] for each waste discharge
3-14 permit held by a permittee. In determining the amount of a fee
3-15 under this section, the commission may consider permitting factors
3-16 such as flow volume, toxic pollutant potential, level of
3-17 traditional pollutant, and heat load. The commission may consider
3-18 the designated uses and segment ranking classification of the water
3-19 affected by discharges from the permitted facility. Finally, the
3-20 commission also may consider the expenses necessary to obtain and
3-21 administer the NPDES program. The commission shall not adopt any
3-22 rule designed to increase the fee imposed under this section on a
3-23 treatment works owned by a local government, as those terms are
3-24 defined in Section 26.001 of this code, for the purpose of paying
3-25 the additional expenses necessary to obtain and administer the
3-26 NPDES program, for two years after the date of delegation of the
3-27 NPDES program [before August 31, 1999].
4-1 (c) The fees collected under this section shall be deposited
4-2 in a special fund in the state treasury to be known as the water
4-3 quality fund. Money in the fund shall be used as follows:
4-4 (1) to supplement any other funds available for paying
4-5 expenses of the commission in carrying out water quality programs
4-6 authorized under this chapter and inspecting waste treatment
4-7 facilities;
4-8 (2) to pay for the issuance and renewal of
4-9 certificates of competency under and to administer Section 26.0301
4-10 of this code;
4-11 (3) to pay for processing plans or amendments to plans
4-12 and inspecting the construction of projects under those plans
4-13 pursuant to Section 26.0461 of this code and rules of the
4-14 commission adopted under Sections 26.046 and 26.0461 of this code;
4-15 and
4-16 (4) to pay for any expenses of the commission
4-17 necessary to obtain and administer the NPDES program in lieu of the
4-18 federal government.
4-19 (f) The commission may consolidate any fee assessed against
4-20 a wastewater permit holder under Section 26.0135 with the
4-21 assessment of a wastewater inspection fee authorized under this
4-22 section. In consolidating these assessments, the commission may
4-23 not recover under Section 26.0135(h) revenues in excess of the
4-24 amounts authorized by that section. The commission also shall
4-25 ensure that any revenues collected from wastewater permit holders
4-26 under Section 26.0135 are allocated to meet the purposes of the
4-27 regional water quality assessment program authorized under that
5-1 section.
5-2 SECTION 3. Section 341.041, Health and Safety Code, is
5-3 amended to read as follows:
5-4 Sec. 341.041. FEES. (a) The commission by rule may charge
5-5 fees to a person who owns, operates, or maintains a public drinking
5-6 water supply system. The fee is to supplement other money
5-7 available to pay the commission's expenses for:
5-8 (1) [recover the costs of] public drinking water
5-9 supply system programs or services authorized by this subchapter or
5-10 performed pursuant to the requirements of the federal Safe Drinking
5-11 Water Act (42 U.S.C. Section 300f et seq.);
5-12 (2) oversight of and technical assistance to water and
5-13 wastewater utilities to ensure the availability and delivery of
5-14 safe and adequate water and wastewater services under Chapter 13,
5-15 Water Code;
5-16 (3) technical assistance to groundwater conservation
5-17 districts organized and operating under Chapter 36, Water Code;
5-18 (4) water resource management programs and the
5-19 regulation of water rights authorized under the Water Code; and
5-20 (5) oversight of and technical assistance to
5-21 conservation and reclamation districts under the Water Code other
5-22 than a district described by Subdivision (3).
5-23 (b) The commission may establish a schedule of fees. The
5-24 amount of the fees may not exceed the reasonable costs of
5-25 administering the programs and services authorized in this section
5-26 [subchapter] or the federal Safe Drinking Water Act.
5-27 (c) [(b)] The commission by rule may assess penalties and
6-1 interest for late payment of fees owed by persons who own, operate,
6-2 or maintain public drinking water supply systems. Penalties and
6-3 interest established under this section may not exceed the rates
6-4 established for delinquent taxes under Sections 111.060 and
6-5 111.061, Tax Code.
6-6 SECTION 4. Subsection (f), Section 26.0291, Water Code
6-7 (effective until delegation of NPDES permit authority), as added by
6-8 Section 1 of this Act, and Subsection (f), Section 26.0291, Water
6-9 Code (effective upon delegation of NPDES permit authority), as
6-10 added by Section 2 of this Act, take effect only if the 75th
6-11 Legislature enacts legislation that becomes law extending the
6-12 expiration date of Subsection (h), Section 26.0135, Water Code,
6-13 relating to the regional assessment of water quality, beyond
6-14 January 1, 1999. If Subsection (h), Section 26.0135, Water Code,
6-15 is not extended beyond that date, Subsection (f), Section 26.0291,
6-16 Water Code, as added by Sections 1 and 2 of this Act, has no
6-17 effect.
6-18 SECTION 5. Except as provided by this section, the total
6-19 increase in the annual fees authorized under Section 26.0291, Water
6-20 Code, as amended by this Act, for any permit holder may not exceed
6-21 $300,000 for all permits subject to an assessment as of the
6-22 effective date of this Act. The Texas Natural Resource
6-23 Conservation Commission by rule may adjust this limit to account
6-24 for the construction or acquisition of additional wastewater
6-25 facilities subject to a fee. Any adjustment must be consistent
6-26 with and proportional to the number and capacity of facilities
6-27 acquired.
7-1 SECTION 6. Except as provided by this section, any increase
7-2 in annual fee rates adopted by the Texas Natural Resource
7-3 Conservation Commission for the fee authorized under Section
7-4 341.041, Health and Safety Code, as amended by this Act, after the
7-5 effective date of this Act, may not exceed a total of $500,000 for
7-6 the largest public water system subject to the fee at the time the
7-7 annual assessments of fees under Section 341.041, Health and Safety
7-8 Code, are made. The commission by rule may adjust this limit to
7-9 account for growth or expansion of the system. Any adjustment must
7-10 be consistent with and proportional to the number of connections
7-11 and change in capacity of the system.
7-12 SECTION 7. The importance of this legislation and the
7-13 crowded condition of the calendars in both houses create an
7-14 emergency and an imperative public necessity that the
7-15 constitutional rule requiring bills to be read on three several
7-16 days in each house be suspended, and this rule is hereby suspended,
7-17 and that this Act take effect and be in force from and after its
7-18 passage, and it is so enacted.