HBA-CBW S.B. 289 77(R)BILL ANALYSIS Office of House Bill AnalysisS.B. 289 By: Armbrister Natural Resources 4/22/2001 Committee Report (Amended) BACKGROUND AND PURPOSE Currently, Texas law requires water quality management and watermaster fees to be charged to small hydroelectric facilities. The current fee structure may cause financial hardships for these small facilities. Senate Bill 289 exempts small hydroelectric facilities with a capacity of less than two megawatts from paying water quality management and watermaster fees. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS Senate Bill 289 amends the Water Code to prohibit the Texas Natural Resource Conservation Commission from assessing the costs of a watermaster against a holder of a non-priority hydroelectric right that owns or operates facilities that collectively have a capacity of less than two megawatts. The bill prohibits a trial court from assessing the costs and expenses of a watermaster against a holder of a non-priority hydroelectric right that owns or operates facilities that collectively have a capacity of less than two megawatts. The bill provides that such a holder will not be subject to an assessment for specified water quality management programs. EFFECTIVE DATE September 1, 2001. EXPLANATION OF AMENDMENTS Committee Amendment No. 1 requires that a holder of a non-priority hydroelectric right that owns and operates privately-owned facilities that collectively have a capacity of less than two megawatts 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. The amendment also provides that the prohibition pertaining to the assessment of the costs of a watermaster by the Texas Natural Resource Conservation Commission (TNRCC) applies only to privately-owned facilities. Committee Amendment No. 2 provides that the prohibitions pertaining to the assessment of the costs and expenses of a watermaster by a trial court and the assessment of the costs of administering water quality management programs by TNRCC apply only to privately-owned facilities.