By Armbrister S.B. No. 289
77R1100 MI-F
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 hydroelectric rights of facilities of less than five
1-9 megawatts.
1-10 SECTION 2. Section 11.404, Water Code, is amended by amending
1-11 Subsection (a) and adding Subsection (e) to read as follows:
1-12 (a) Except as provided by Subsection (e), the [The] trial
1-13 court shall assess the costs and expenses of the watermaster and
1-14 his staff against all persons receiving an allocation of the water
1-15 in judicial custody. The court shall assess the costs and expenses
1-16 monthly or at other time intervals ordered by the court.
1-17 (e) The court may not assess costs and expenses under this
1-18 section against hydroelectric rights of facilities of less than
1-19 five megawatts.
1-20 SECTION 3. Section 26.0135(h), Water Code, is amended to read
1-21 as follows:
1-22 (h) The commission shall apportion, assess, and recover the
1-23 reasonable costs of administering the water quality management
1-24 programs under this section from users of water and wastewater
2-1 permit holders in the watershed according to the records of the
2-2 commission generally in proportion to their right, through permit
2-3 or contract, to use water from and discharge wastewater in the
2-4 watershed. Irrigation water rights and hydroelectric rights of
2-5 facilities of less than five megawatts will not be subject to this
2-6 assessment. The cost to river authorities and others to conduct
2-7 water quality monitoring and assessment shall be subject to prior
2-8 review and approval by the commission as to methods of allocation
2-9 and total amount to be recovered. The commission shall adopt rules
2-10 to supervise and implement the water quality monitoring,
2-11 assessment, and associated costs. The rules shall ensure that
2-12 water users and wastewater dischargers do not pay excessive
2-13 amounts, that program funds are equitably apportioned among basins,
2-14 that a river authority may recover no more than the actual costs of
2-15 administering the water quality management programs called for in
2-16 this section, and that no municipality shall be assessed cost for
2-17 any efforts that duplicate water quality management activities
2-18 described in Section 26.177 of this chapter. The rules concerning
2-19 the apportionment and assessment of reasonable costs shall provide
2-20 for a recovery of not more than $5,000,000 annually. Costs
2-21 recovered by the commission are to be deposited to the credit of
2-22 the water resource management account and may be used only to
2-23 accomplish the purposes of this section. The commission may apply
2-24 not more than 10 percent of the costs recovered annually toward the
2-25 commission's overhead costs for the administration of this section
2-26 and the implementation of regional water quality assessments. The
2-27 commission, with the assistance and input of each river authority,
3-1 shall file a written report accounting for the costs recovered
3-2 under this section with the governor, the lieutenant governor, and
3-3 the speaker of the house of representatives on or before December 1
3-4 of each even-numbered year.
3-5 SECTION 4. This Act takes effect September 1, 2001.