1-1 AN ACT
1-2 relating to the exemption of small hydroelectric facilities from
1-3 water quality management and watermaster fees.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.329, Water Code, is amended by adding
1-6 Subsection (g) to read as follows:
1-7 (g) The commission may not assess costs under this section
1-8 against a holder of a non-priority hydroelectric right that owns or
1-9 operates privately owned facilities that collectively have a
1-10 capacity of less than two megawatts. This subsection is not
1-11 intended to affect in any way the fees assessed on a water right
1-12 holder by the commission under Section 1.29(d), Chapter 626, Acts
1-13 of the 73rd Legislature, Regular Session, 1993. For purposes of
1-14 Section 1.29(d), Chapter 626, Acts of the 73rd Legislature, Regular
1-15 Session, 1993, a holder of a non-priority hydroelectric right that
1-16 owns or operates privately owned facilities that collectively have
1-17 a capacity of less than two megawatts shall be assessed fees at the
1-18 same rate per acre-foot charged to a holder of a non-priority
1-19 hydroelectric right that owns or operates privately owned
1-20 facilities that collectively have a capacity of more than two
1-21 megawatts.
1-22 SECTION 2. Section 11.404, Water Code, is amended by
1-23 amending Subsection (a) and adding Subsection (e) to read as
1-24 follows:
1-25 (a) Except as provided by Subsection (e), the [The] trial
2-1 court shall assess the costs and expenses of the watermaster and
2-2 his staff against all persons receiving an allocation of the water
2-3 in judicial custody. The court shall assess the costs and expenses
2-4 monthly or at other time intervals ordered by the court.
2-5 (e) The court may not assess costs and expenses under this
2-6 section against a holder of a non-priority hydroelectric right that
2-7 owns or operates privately owned facilities that collectively have
2-8 a capacity of less than two megawatts.
2-9 SECTION 3. Subsection (h), Section 26.0135, Water Code, is
2-10 amended to read as follows:
2-11 (h) The commission shall apportion, assess, and recover the
2-12 reasonable costs of administering the water quality management
2-13 programs under this section from users of water and wastewater
2-14 permit holders in the watershed according to the records of the
2-15 commission generally in proportion to their right, through permit
2-16 or contract, to use water from and discharge wastewater in the
2-17 watershed. Irrigation water rights and non-priority hydroelectric
2-18 rights of a water right holder that owns or operates privately
2-19 owned facilities that collectively have a capacity of less than two
2-20 megawatts will not be subject to this assessment. The cost to
2-21 river authorities and others to conduct water quality monitoring
2-22 and assessment shall be subject to prior review and approval by the
2-23 commission as to methods of allocation and total amount to be
2-24 recovered. The commission shall adopt rules to supervise and
2-25 implement the water quality monitoring, assessment, and associated
2-26 costs. The rules shall ensure that water users and wastewater
3-1 dischargers do not pay excessive amounts, that program funds are
3-2 equitably apportioned among basins, that a river authority may
3-3 recover no more than the actual costs of administering the water
3-4 quality management programs called for in this section, and that no
3-5 municipality shall be assessed cost for any efforts that duplicate
3-6 water quality management activities described in Section 26.177 of
3-7 this chapter. The rules concerning the apportionment and
3-8 assessment of reasonable costs shall provide for a recovery of not
3-9 more than $5,000,000 annually. Costs recovered by the commission
3-10 are to be deposited to the credit of the water resource management
3-11 account and may be used only to accomplish the purposes of this
3-12 section. The commission may apply not more than 10 percent of the
3-13 costs recovered annually toward the commission's overhead costs for
3-14 the administration of this section and the implementation of
3-15 regional water quality assessments. The commission, with the
3-16 assistance and input of each river authority, shall file a written
3-17 report accounting for the costs recovered under this section with
3-18 the governor, the lieutenant governor, and the speaker of the house
3-19 of representatives on or before December 1 of each even-numbered
3-20 year.
3-21 SECTION 4. This Act is not intended to affect in any way the
3-22 fees assessed on a water right holder by the Edwards Aquifer
3-23 Authority under Chapter 626, Acts of the 73rd Legislature, Regular
3-24 Session, 1993.
3-25 SECTION 5. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 289 passed the Senate on
March 7, 2001, by a viva-voce vote; and that the Senate concurred
in House amendments on May 9, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 289 passed the House, with
amendments, on May 5, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor