By Counts H.B. No. 3528
77R12360 QS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the consolidation and use of certain fees under Chapter
1-3 26, Water Code.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 26.0291, Water Code, is amended to read
1-6 as follows:
1-7 Sec. 26.0291. WATER QUALITY [WASTE TREATMENT INSPECTION]
1-8 FEE. (a) An annual water quality [waste treatment inspection] fee
1-9 is imposed on:
1-10 (1) each wastewater [permittee for each waste]
1-11 discharge permit holder for each wastewater discharge permit held;
1-12 and
1-13 (2) each user of water in proportion to the user's
1-14 water right, through permit or contract, as reflected in the
1-15 commission's records [by the permittee].
1-16 (b) The fee is to supplement any other funds available to
1-17 pay expenses of the commission related to:
1-18 (1) [in] inspecting waste treatment facilities; and
1-19 (2) enforcing the laws of the state and the rules of
1-20 the commission governing:
1-21 (A) waste discharge and waste treatment
1-22 facilities, including any expenses [of the commission] necessary
1-23 [to obtain from the federal government delegation of and] to
1-24 administer the national pollutant discharge elimination system
2-1 (NPDES) program;
2-2 (B) the water resources of this state, including
2-3 the water quality management programs under Section 26.0135; and
2-4 (C) any other water resource management programs
2-5 reasonably related to the activities of the persons required to pay
2-6 a fee under this section.
2-7 (c) The fee for each year is imposed on each permit or water
2-8 right in effect during any part of the year. The commission may
2-9 establish reduced fees for inactive permits.
2-10 (d) Irrigation water rights are not subject to a fee under
2-11 this section.
2-12 (e) [(b)] The commission by rule shall adopt a fee schedule
2-13 for determining the amount of the fee to be charged. The amount of
2-14 the fee may not exceed $75,000 [$25,000] for each [waste discharge]
2-15 permit or contract [held by a permittee]. The maximum annual fee
2-16 under this section for a wastewater discharge or waste treatment
2-17 facility that holds a water right for the use of water by the
2-18 facility may not exceed $75,000. In determining the amount of a
2-19 fee under this section, the commission may consider:
2-20 (1) waste discharge permitting factors such as flow
2-21 volume, toxic pollutant potential, level of traditional pollutant,
2-22 and heat load;
2-23 (2) [. The commission may consider] the designated
2-24 uses and segment ranking classification of the water affected by
2-25 discharges from the permitted facility;
2-26 (3) [. Finally, the commission also may consider] the
2-27 expenses necessary to obtain and administer the NPDES program;
3-1 (4) the reasonable costs of administering the water
3-2 quality management programs under Section 26.0135; and
3-3 (5) any other reasonable costs necessary to administer
3-4 and enforce a water resource management program reasonably related
3-5 to the activities of the persons required to pay a fee under this
3-6 section. [The commission shall not adopt any rule designed to
3-7 increase the fee imposed under this section on a treatment works
3-8 owned by a local government, as those terms are defined in Section
3-9 26.001 of this code, before August 31, 1999.]
3-10 (f) [(c)] The fees collected under this section shall be
3-11 deposited to the credit of the water resource management account,
3-12 an account in the general revenue fund.
3-13 (g) [(d)] The commission may adopt rules necessary to
3-14 administer this section.
3-15 (h) [(e)] A fee collected under this section is in addition
3-16 to any other fee that may be charged under this chapter.
3-17 SECTION 2. Sections 26.0135(a) and (b), Water Code, are
3-18 amended to read as follows:
3-19 (a) To ensure clean water, the commission shall establish
3-20 the strategic and comprehensive monitoring of water quality and the
3-21 periodic assessment of water quality in each watershed and river
3-22 basin of the state. In order to conserve public funds and avoid
3-23 duplication of effort, subject to adequate funding under Section
3-24 26.0291 [Subsection (h)], river authorities shall, to the greatest
3-25 extent possible and under the supervision of the commission,
3-26 conduct water quality monitoring and assessments in their own
3-27 watersheds. Watershed monitoring and assessments involving
4-1 agricultural or silvicultural nonpoint source pollution shall be
4-2 coordinated through the State Soil and Water Conservation Board
4-3 with local soil and water conservation districts. The water
4-4 quality monitoring and reporting duties under this section apply
4-5 only to a river authority that has entered into an agreement with
4-6 the commission to perform those duties. The commission, either
4-7 directly or through cooperative agreements and contracts with local
4-8 governments, shall conduct monitoring and assessments of watersheds
4-9 where a river authority is unable to perform an adequate assessment
4-10 of its own watershed. The monitoring program shall provide data to
4-11 identify significant long-term water quality trends, characterize
4-12 water quality conditions, support the permitting process, and
4-13 classify unclassified waters. The commission shall consider
4-14 available monitoring data and assessment results in developing or
4-15 reviewing wastewater permits and stream standards and in conducting
4-16 other water quality management activities. The assessment must
4-17 include a review of wastewater discharges, nonpoint source
4-18 pollution, nutrient loading, toxic materials, biological health of
4-19 aquatic life, public education and involvement in water quality
4-20 issues, local and regional pollution prevention efforts, and other
4-21 factors that affect water quality within the watershed. The
4-22 monitoring and assessment required by this section is a continuing
4-23 duty, and the monitoring and assessment shall be periodically
4-24 revised to show changes in the factors subject to assessment.
4-25 (b) In order to assist in the coordination and development
4-26 of assessments and reports required by this section, a river
4-27 authority shall organize and lead a basin-wide steering committee
5-1 that includes persons paying fees under Section 26.0291 [Subsection
5-2 (h)], private citizens, the State Soil and Water Conservation
5-3 Board, representatives from other appropriate state agencies,
5-4 political subdivisions, and other persons with an interest in water
5-5 quality matters of the watershed or river basin. Based on
5-6 committee and public input, each steering committee shall develop
5-7 water quality objectives and priorities that are achievable
5-8 considering the available technology and economic impact. The
5-9 objectives and priorities shall be used to develop work plans and
5-10 allocate available resources under Section 26.0291 [Subsection
5-11 (h)]. Each committee member shall help identify significant water
5-12 quality issues within the basin and shall make available to the
5-13 river authority all relevant water quality data held by the
5-14 represented entities. A river authority shall also develop a
5-15 public input process that provides for meaningful comments and
5-16 review by private citizens and organizations on each basin summary
5-17 report. A steering committee established by the commission to
5-18 comply with this subsection in the absence of a river authority or
5-19 other qualified local government is not subject to Chapter 2110,
5-20 Government Code [Article 6252-33, Revised Statutes].
5-21 SECTION 3. Section 26.0135(d), Water Code, as amended by
5-22 Chapters 101 and 1082, Acts of the 75th Legislature, Regular
5-23 Session, 1997, is reenacted and amended to read as follows:
5-24 (d) In the appropriate year of the cycle provided by
5-25 commission rules adopted to implement Section 26.0285, each river
5-26 authority shall submit a written summary report to the commission,
5-27 State Soil and Water Conservation Board, and Parks and Wildlife
6-1 Department on the water quality assessment of the authority's
6-2 watershed. The summary report must identify concerns relating to
6-3 the watershed or bodies of water, including an identification of
6-4 bodies of water with impaired or potentially impaired uses, the
6-5 cause and possible source of use impairment, and recommended
6-6 actions the commission may take to address those concerns. The
6-7 summary report must discuss the public benefits from the water
6-8 quality monitoring and assessment program, including efforts to
6-9 increase public input in activities related to water quality and
6-10 the effectiveness of targeted monitoring in assisting the
6-11 permitting process. A river authority shall submit a summary
6-12 report after the report has been approved by the basin steering
6-13 committee and coordinated with the public and the commission. A
6-14 river authority shall hold basin steering committee meetings and
6-15 shall invite users of water and wastewater permit holders in the
6-16 watershed who pay fees under Section 26.0291 [Subsection (h)] to
6-17 review the draft of the work plans and summary report. A river
6-18 authority shall inform those parties of the availability and
6-19 location of the summary report for inspection and shall solicit
6-20 input from those parties concerning their satisfaction with or
6-21 suggestions for modification of the summary report for the
6-22 watershed, the operation or effectiveness of the watershed
6-23 monitoring and assessment program authorized by this section, and
6-24 the adequacy, use, or equitable apportionment of the program's
6-25 costs and funds. A river authority shall summarize all comments
6-26 received from persons who pay fees under Section 26.0291
6-27 [Subsection (h)] and from steering committee members and shall
7-1 submit the report and the summaries to the governor, the lieutenant
7-2 governor, and the speaker of the house of representatives not later
7-3 than the 90th day after the date the river authority submits the
7-4 summary report to the commission and other agencies.
7-5 SECTION 4. Section 26.0135(h), Water Code, is amended to
7-6 read as follows:
7-7 (h) The commission shall apportion, assess, and recover the
7-8 reasonable costs of administering the water quality management
7-9 programs under this section [from users of water and wastewater
7-10 permit holders in the watershed according to the records of the
7-11 commission generally in proportion to their right, through permit
7-12 or contract, to use water from and discharge wastewater in the
7-13 watershed. Irrigation water rights will not be subject to this
7-14 assessment]. The cost to river authorities and others to conduct
7-15 water quality monitoring and assessment shall be subject to prior
7-16 review and approval by the commission as to methods of allocation
7-17 and total amount to be recovered. The commission shall adopt rules
7-18 to supervise and implement the water quality monitoring,
7-19 assessment, and associated costs. The rules shall ensure that
7-20 water users and wastewater dischargers do not pay excessive
7-21 amounts, [that program funds are equitably apportioned among
7-22 basins,] that a river authority may recover no more than the actual
7-23 costs of administering the water quality management programs called
7-24 for in this section, and that no municipality shall be assessed the
7-25 cost for any efforts under this section that duplicate water
7-26 quality management activities described in Section 26.177 of this
7-27 chapter. [The rules concerning the apportionment and assessment of
8-1 reasonable costs shall provide for a recovery of not more than
8-2 $5,000,000 annually. Costs recovered by the commission are to be
8-3 deposited to the credit of the water resource management account
8-4 and may be used only to accomplish the purposes of this section.
8-5 The commission may apply not more than 10 percent of the costs
8-6 recovered annually toward the commission's overhead costs for the
8-7 administration of this section and the implementation of regional
8-8 water quality assessments. The commission, with the assistance and
8-9 input of each river authority, shall file a written report
8-10 accounting for the costs recovered under this section with the
8-11 governor, the lieutenant governor, and the speaker of the house of
8-12 representatives on or before December 1 of each even-numbered
8-13 year.]
8-14 SECTION 5. Section 26.0135(j), Water Code, is repealed.
8-15 SECTION 6. Water resource management account balances
8-16 dedicated to a particular purpose under Sections 26.0135 and
8-17 26.0291, Water Code, that have not been expended before the
8-18 effective date of this Act may be used for the purposes authorized
8-19 by this Act.
8-20 SECTION 7. This Act takes effect September 1, 2002, and
8-21 applies only to fees due on or after that date. The assessment and
8-22 collection of fees due before the effective date of this Act are
8-23 governed by the former law, and that law is continued in effect for
8-24 that purpose.