By Counts H.B. No. 3528
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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 (effective upon
1-6 delegation of NPDES permit authority), is amended by amending
1-7 Subsections (a)-(b) to read as follows:
1-8 (a)(1) An annual [waste treatment inspection] water quality
1-9 fee is imposed on [each permittee for each waste discharge permit
1-10 held by the permittee]:
1-11 (A) each wastewater discharge permit holder for
1-12 each wastewater discharge permit held; and
1-13 (B) each user of water in proportion to the
1-14 user's water right, through permit or contract, as reflected in the
1-15 commission's records. Irrigation water rights shall not be subject
1-16 to this fee.
1-17 (2) The fee is to supplement any other funds available
1-18 to pay expenses of the commission [in] related to:
1-19 (A) inspecting waste treatment facilities ; and
1-20 (B) enforcing the laws of this state and the
1-21 rules of the commission governing:
1-22 (i) waste discharge[,];
1-23 (ii) waste treatment facilities[,] and;
2-1 (iii) the water resources in this state,
2-2 including the water quality management programs under Section
2-3 26.0135 of this Code ,any expenses [necessary to obtain from the
2-4 federal government delegation of and] to administer the national
2-5 pollutant discharge elimination system (NPDES) program, and any
2-6 other program reasonably related to the activities of the fee
2-7 payers under this section,
2-8 (3) The fee for each year is imposed on each permit or
2-9 water right in effect during any part of the year. The commission
2-10 may establish reduced fees for inactive permits.
2-11 (b) The commission by rule shall adopt a fee schedule for
2-12 determining the amount to be charged. The amount of the fee may
2-13 not exceed [$25,000] $75,000 for each [waste discharge] permit or
2-14 contract [held by a permittee]. In determining the amount of a fee
2-15 under this section, the commission may consider:
2-16 (1) waste discharge permit factors such as flow
2-17 volume, toxic pollutant potential, level of traditional pollutant,
2-18 and heat load;.
2-19 (2) [The commission may consider] the designated uses
2-20 and segment ranking classification of the water affected by the
2-21 discharges from the permitted facility;
2-22 (3) [Finally,] the expenses necessary to [obtain and]
2-23 administer the NPDES program;
2-24 (4) the reasonable costs of administering the water
2-25 quality management programs under Section 26.0135 of this Code; and
2-26 (5) any other reasonable costs necessary to administer
3-1 and enforce any program reasonably related to the activities of the
3-2 fee payers under this section. [The commission shall not adopt any
3-3 rule designed to increase the fee imposed under this section on a
3-4 treatment works owned by a local government, as those terms are
3-5 defined in Section 26.001 of this code, before August 31, 1999.]
3-6 SECTION 2. Section 26.0135 is amended by amending Subsection
3-7 (h) and repealing Subsection (j) as follows:
3-8 (h) [The commission shall apportion, assess and recover the
3-9 reasonable costs of administering the water quality management
3-10 programs under this section from users of water and wastewater
3-11 permit holders in the watershed according to the records of the
3-12 commission generally in proportion to their right, through permit
3-13 or contract, to use water from and discharge wastewater in the
3-14 watershed. Irrigation water rights shall not be subject to this
3-15 assessment]. The cost to river authorities and others to conduct
3-16 water quality monitoring and assessment shall be subject to prior
3-17 review and approval by the commission as to the methods of
3-18 allocation and total amount to be recovered. The commission shall
3-19 adopt rules to supervise and implement the water quality
3-20 monitoring, assessment, and associated costs. [The rules shall
3-21 ensure that water users and wastewater dischargers do not pay
3-22 excessive amounts, that program funds are equitably apportioned
3-23 among basins, that a river authority may recover no more than the
3-24 actual costs of administering the water quality management programs
3-25 called for in this section, and that no municipality shall be
3-26 assessed the cost for any efforts that duplicate water quality
4-1 management activities described in Section 26.177 of this chapter.
4-2 The rules concerning the apportionment and assessment of reasonable
4-3 costs shall provide for a recovery of not more than $5,000,000
4-4 annually. Costs recovered by the commission are to be deposited to
4-5 the credit of the water resource management account and may be used
4-6 only to accomplish the purposes of this section. The commission
4-7 may apply not more than 10 percent of the costs recovered annually
4-8 toward the commission's overhead costs for the administration of
4-9 this section and the implementation of regional water quality
4-10 assessments. The commission, with the assistance and input of each
4-11 river authority, shall file a written report accounting for the
4-12 costs recovered under this section with the governor, the
4-13 lieutenant governor, and the speaker of the house of
4-14 representatives on or before December 1 of each even numbered
4-15 year.]
4-16 (j) [In recovering the costs of water quality management
4-17 programs under this section from wastewater permit holders, the
4-18 commission may consolidate any fee assessed against a wastewater
4-19 permit holder under Subsection (h) of this section with the
4-20 assessment of a wastewater inspection fee authorized under Section
4-21 26.0291 of this chapter. In consolidating these assessments the
4-22 commission may not recover any amount for the purposes of this
4-23 section in excess of the amounts authorized under Subsection (h).
4-24 The commission shall also ensure that any revenues collected from
4-25 wastewater permit holders under this section are allocated to meet
4-26 the purposes of this section.]
5-1 SECTION 3. This Act takes effect September 1, 2001.
5-2 SECTION 4. Water resource management account balances
5-3 dedicated to a particular purpose under law in effect on August 31,
5-4 2001 that have not been expended by that date may be used for the
5-5 purposes authorized under this Act.
5-6 SECTION 5. The importance of this legislation and the
5-7 crowded condition of the calendars in both houses create an
5-8 emergency and an imperative public necessity that the
5-9 constitutional rule requiring bills to be read on three several
5-10 days in each house be suspended, and this rule is hereby suspended.