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