SRC-BWC, MWN S.B. 289 77(R)BILL ANALYSIS


Senate Research CenterS.B. 289
By: Armbrister
Natural Resources
6/18/2001
Enrolled


DIGEST AND PURPOSE 

Currently, Texas law requires water quality management and watermaster fees
to be charged  to small hydroelectric facilities with a capacity of less
than five megawatts.  S.B. 289 exempts small hydroelectric facilities with
a capacity of less than five megawatts from paying the water quality
management and watermaster fees. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 11.329, Water Code, by adding Subsection (g), to
prohibit the Texas Natural Resource Conservation Commission (commission)
from assessing costs under this section against a holder of a non-priority
hydroelectric right that owns or operates privately owned facilities that
collectively have a capacity of less than two megawatts.  Provides that
this section is not intended to affect in any way the fees assessed on a
water right holder by the commission under Section 1.29(d), Chapter 626,
Acts of the 73rd Legislature, Regular Session, 1993.  Requires a holder of
a non-priority hydroelectric right that owns or operates privately owned
facilities that collectively have a capacity of less than two megawatts,
for purposes of Section 1.29(d), Chapter 626, Acts of the 73rd Legislature,
Regular Session, 1993, to be assessed fees at the same rate per acre-foot
charged to a holder of a non-priority hydroelectric right that owns or
operates privately owned facilities that collectively have a capacity of
more than two megawatts.   

SECTION 2. Amends Section 11.404, Water Code, to prohibit the court from
assessing costs and expenses under this section against a holder of a
non-priority hydroelectric right that owns or operates privately owned
facilities that collectively have a capacity of less than two megawatts.
Makes a conforming change.   

SECTION 3. Amends Section 26.1035(h), Water Code, to provide that
irrigation water rights and non-priority hydroelectric rights of a water
right holder that owns or operates privately owned facilities that
collectively have a capacity of less than two megawatts, will not be
subject to a certain assessment.  

SECTION 4.  Provides that this Act is not intended to affect in any way the
fees assessed on a water right holder by the Edwards Aquifer Authority
under Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993. 

SECTION 5. Effective date: September 1, 2001.