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.