1-1 By: Brown S.B. No. 1340
1-2 (In the Senate - Filed March 13, 1997; March 18, 1997, read
1-3 first time and referred to Committee on Natural Resources;
1-4 May 2, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; May 2, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1340 By: Brown
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to certain fees related to water quality.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 26.0291, Water Code (effective until
1-13 delegation of NPDES permit authority), is amended by amending
1-14 Subsections (a), (b), and (c) and adding Subsection (f) to read as
1-15 follows:
1-16 (a) An annual waste treatment inspection fee is imposed on
1-17 each permittee for each waste discharge permit held by the
1-18 permittee. The fee is to supplement any other funds available to
1-19 pay expenses of the commission in inspecting waste treatment
1-20 facilities and enforcing the laws of the state, and the rules of
1-21 the commission, governing waste discharge, [and] waste treatment
1-22 facilities, and the quality of the water resources of the state.
1-23 The fee for each year is imposed on each permit in effect during
1-24 any part of the year.
1-25 (b) The commission, by rule, shall adopt a fee schedule for
1-26 determining the amount of the fee to be charged. The amount of the
1-27 fee may not exceed $25,000 [$11,000] for each waste discharge
1-28 permit held by a permittee. In determining the amount of a fee
1-29 under this section, the commission may consider permitting factors
1-30 such as flow volume, toxic pollutant potential, level of
1-31 traditional pollutants, and heat load. The commission also may
1-32 consider the designated uses and segment ranking classification of
1-33 the water affected by discharges from the permitted facility.
1-34 (c) The fees collected under this section shall be deposited
1-35 in a special fund in the state treasury to be known as the water
1-36 quality fund. Money in the fund shall be used as follows:
1-37 (1) to supplement any other funds available for paying
1-38 expenses of the commission in carrying out water quality programs
1-39 authorized under this chapter and inspecting waste treatment
1-40 facilities;
1-41 (2) to pay for the issuance and renewal of
1-42 certificates of competency under and to administer Section 26.0301
1-43 of this code; and
1-44 (3) to pay for processing plans or amendments to plans
1-45 and inspecting the construction of projects under those plans
1-46 pursuant to Section 26.0461 of this code and rules of the
1-47 commission adopted under Sections 26.046 and 26.0461 of this code.
1-48 (f) The commission may consolidate any fee assessed against
1-49 a wastewater permit holder under Section 26.0135 with the
1-50 assessment of a wastewater inspection fee authorized under this
1-51 section. In consolidating these assessments, the commission may
1-52 not recover under Section 26.0135(h) revenues in excess of the
1-53 amounts authorized by that section. The commission also shall
1-54 ensure that any revenues collected from wastewater permit holders
1-55 under Section 26.0135 are allocated to meet the purposes of the
1-56 regional water quality assessment program authorized under that
1-57 section.
1-58 SECTION 2. Section 26.0291, Water Code (effective upon
1-59 delegation of NPDES permit authority), is amended by amending
1-60 Subsections (a), (b), and (c) and adding Subsection (f) to read as
1-61 follows:
1-62 (a) An annual waste treatment inspection fee is imposed on
1-63 each permittee for each waste discharge permit held by the
1-64 permittee. The fee is to supplement any other funds available to
2-1 pay expenses of the commission in inspecting waste treatment
2-2 facilities and enforcing the laws of the state and the rules of the
2-3 commission governing waste discharge, [and] waste treatment
2-4 facilities, and the quality of the water resources of the state.
2-5 The fee for each year is imposed on each permit in effect during
2-6 any part of the year.
2-7 (b) The commission by rule shall adopt a fee schedule for
2-8 determining the amount of the fee to be charged. The amount of the
2-9 fee may not exceed $40,000 [$25,000] for each waste discharge
2-10 permit held by a permittee. In determining the amount of a fee
2-11 under this section, the commission may consider permitting factors
2-12 such as flow volume, toxic pollutant potential, level of
2-13 traditional pollutant, and heat load. The commission may consider
2-14 the designated uses and segment ranking classification of the water
2-15 affected by discharges from the permitted facility. Finally, the
2-16 commission also may consider the expenses necessary to obtain and
2-17 administer the NPDES program. The commission shall not adopt any
2-18 rule designed to increase the fee imposed under this section on a
2-19 treatment works owned by a local government, as those terms are
2-20 defined in Section 26.001 of this code, for the purpose of paying
2-21 the additional expenses necessary to obtain and administer the
2-22 NPDES program, for two years after the date of delegation of the
2-23 NPDES program [before August 31, 1999].
2-24 (c) The fees collected under this section shall be deposited
2-25 in a special fund in the state treasury to be known as the water
2-26 quality fund. Money in the fund shall be used as follows:
2-27 (1) to supplement any other funds available for paying
2-28 expenses of the commission in carrying out water quality programs
2-29 authorized under this chapter and inspecting waste treatment
2-30 facilities;
2-31 (2) to pay for the issuance and renewal of
2-32 certificates of competency under and to administer Section 26.0301
2-33 of this code;
2-34 (3) to pay for processing plans or amendments to plans
2-35 and inspecting the construction of projects under those plans
2-36 pursuant to Section 26.0461 of this code and rules of the
2-37 commission adopted under Sections 26.046 and 26.0461 of this code;
2-38 and
2-39 (4) to pay for any expenses of the commission
2-40 necessary to obtain and administer the NPDES program in lieu of the
2-41 federal government.
2-42 (f) The commission may consolidate any fee assessed against
2-43 a wastewater permit holder under Section 26.0135 with the
2-44 assessment of a wastewater inspection fee authorized under this
2-45 section. In consolidating these assessments, the commission may
2-46 not recover under Section 26.0135(h) revenues in excess of the
2-47 amounts authorized by that section. The commission also shall
2-48 ensure that any revenues collected from wastewater permit holders
2-49 under Section 26.0135 are allocated to meet the purposes of the
2-50 regional water quality assessment program authorized under that
2-51 section.
2-52 SECTION 3. Section 341.041, Health and Safety Code, is
2-53 amended to read as follows:
2-54 Sec. 341.041. FEES. (a) The commission by rule may charge
2-55 fees to a person who owns, operates, or maintains a public drinking
2-56 water supply system. The fee is to supplement other money
2-57 available to pay the commission's expenses for:
2-58 (1) [recover the costs of] public drinking water
2-59 supply system programs or services authorized by this subchapter or
2-60 performed pursuant to the requirements of the federal Safe Drinking
2-61 Water Act (42 U.S.C. Section 300f et seq.);
2-62 (2) oversight of and technical assistance to water and
2-63 wastewater utilities to ensure the availability and delivery of
2-64 safe and adequate water and wastewater services under Chapter 13,
2-65 Water Code;
2-66 (3) technical assistance to ground water conservation
2-67 districts organized and operating under Chapter 36, Water Code;
2-68 (4) water resource management programs and the
2-69 regulation of water rights authorized under the Water Code; and
3-1 (5) oversight of and technical assistance to
3-2 conservation and reclamation districts under the Water Code other
3-3 than a district described by Subdivision (3).
3-4 (b) The commission may establish a schedule of fees. The
3-5 amount of the fees may not exceed the reasonable costs of
3-6 administering the programs and services authorized in this section
3-7 [subchapter] or the federal Safe Drinking Water Act.
3-8 (c) [(b)] The commission by rule may assess penalties and
3-9 interest for late payment of fees owed by persons who own, operate,
3-10 or maintain public drinking water supply systems. Penalties and
3-11 interest established under this section may not exceed the rates
3-12 established for delinquent taxes under Sections 111.060 and
3-13 111.061, Tax Code.
3-14 SECTION 4. Subsection (f), Section 26.0291, Water Code
3-15 (effective until delegation of NPDES permit authority), as added by
3-16 Section 1 of this Act, and Subsection (f), Section 26.0291, Water
3-17 Code (effective upon delegation of NPDES permit authority), as
3-18 added by Section 2 of this Act, take effect only if the 75th
3-19 Legislature enacts legislation that becomes law extending the
3-20 expiration date of Subsection (h), Section 26.0135, Water Code,
3-21 relating to the regional assessment of water quality, beyond
3-22 January 1, 1999. If Subsection (h), Section 26.0135, Water Code,
3-23 is not extended beyond that date, Subsection (f), Section 26.0291,
3-24 Water Code, as added by Sections 1 and 2 of this Act, has no
3-25 effect.
3-26 SECTION 5. Except as provided by this section, the total
3-27 increase in the annual fees authorized under Section 26.0291, Water
3-28 Code, as amended by this Act, for any permit holder may not exceed
3-29 $300,000 for all permits subject to an assessment as of the
3-30 effective date of this Act. The Texas Natural Resource
3-31 Conservation Commission by rule may adjust this limit to account
3-32 for the construction or acquisition of additional wastewater
3-33 facilities subject to a fee. Any adjustment must be consistent
3-34 with and proportional to the number and capacity of facilities
3-35 acquired.
3-36 SECTION 6. Except as provided by this section, any increase
3-37 in annual fee rates adopted by the Texas Natural Resource
3-38 Conservation Commission for the fee authorized under Section
3-39 341.041, Health and Safety Code, as amended by this Act, after the
3-40 effective date of this Act, may not exceed a total of $500,000 for
3-41 the largest public water system subject to the fee at the time the
3-42 annual assessments of fees under Section 341.041, Health and Safety
3-43 Code, are made. The commission by rule may adjust this limit to
3-44 account for growth or expansion of the system. Any adjustment must
3-45 be consistent with and proportional to the number of connections
3-46 and change in capacity of the system.
3-47 SECTION 7. The importance of this legislation and the
3-48 crowded condition of the calendars in both houses create an
3-49 emergency and an imperative public necessity that the
3-50 constitutional rule requiring bills to be read on three several
3-51 days in each house be suspended, and this rule is hereby suspended,
3-52 and that this Act take effect and be in force from and after its
3-53 passage, and it is so enacted.
3-54 * * * * *