1-1 By: Armbrister, Haywood S.B. No. 289
1-2 (In the Senate - Filed January 18, 2001; January 22, 2001,
1-3 read first time and referred to Committee on Natural Resources;
1-4 February 15, 2001, reported favorably by the following vote: Yeas
1-5 7, Nays 0; February 15, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the exemption of small hydroelectric facilities from
1-9 water quality management and watermaster fees.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 11.329, Water Code, is amended by adding
1-12 Subsection (g) to read as follows:
1-13 (g) The commission may not assess costs under this section
1-14 against hydroelectric rights of facilities of less than five
1-15 megawatts.
1-16 SECTION 2. Section 11.404, Water Code, is amended by
1-17 amending Subsection (a) and adding Subsection (e) to read as
1-18 follows:
1-19 (a) Except as provided by Subsection (e), the [The] trial
1-20 court shall assess the costs and expenses of the watermaster and
1-21 his staff against all persons receiving an allocation of the water
1-22 in judicial custody. The court shall assess the costs and expenses
1-23 monthly or at other time intervals ordered by the court.
1-24 (e) The court may not assess costs and expenses under this
1-25 section against hydroelectric rights of facilities of less than
1-26 five megawatts.
1-27 SECTION 3. Subsection (h), Section 26.0135, Water Code, is
1-28 amended to read as follows:
1-29 (h) The commission shall apportion, assess, and recover the
1-30 reasonable costs of administering the water quality management
1-31 programs under this section from users of water and wastewater
1-32 permit holders in the watershed according to the records of the
1-33 commission generally in proportion to their right, through permit
1-34 or contract, to use water from and discharge wastewater in the
1-35 watershed. Irrigation water rights and hydroelectric rights of
1-36 facilities of less than five megawatts will not be subject to this
1-37 assessment. The cost to river authorities and others to conduct
1-38 water quality monitoring and assessment shall be subject to prior
1-39 review and approval by the commission as to methods of allocation
1-40 and total amount to be recovered. The commission shall adopt rules
1-41 to supervise and implement the water quality monitoring,
1-42 assessment, and associated costs. The rules shall ensure that
1-43 water users and wastewater dischargers do not pay excessive
1-44 amounts, that program funds are equitably apportioned among basins,
1-45 that a river authority may recover no more than the actual costs of
1-46 administering the water quality management programs called for in
1-47 this section, and that no municipality shall be assessed cost for
1-48 any efforts that duplicate water quality management activities
1-49 described in Section 26.177 of this chapter. The rules concerning
1-50 the apportionment and assessment of reasonable costs shall provide
1-51 for a recovery of not more than $5,000,000 annually. Costs
1-52 recovered by the commission are to be deposited to the credit of
1-53 the water resource management account and may be used only to
1-54 accomplish the purposes of this section. The commission may apply
1-55 not more than 10 percent of the costs recovered annually toward the
1-56 commission's overhead costs for the administration of this section
1-57 and the implementation of regional water quality assessments. The
1-58 commission, with the assistance and input of each river authority,
1-59 shall file a written report accounting for the costs recovered
1-60 under this section with the governor, the lieutenant governor, and
1-61 the speaker of the house of representatives on or before December 1
1-62 of each even-numbered year.
1-63 SECTION 4. This Act takes effect September 1, 2001.
2-1 * * * * *