By Brown S.B. No. 1340
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.