By Lindsay S.B. No. 1025
77R8644 T
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;
1-24 (iii) the water resources in this state,
2-1 including the water quality management programs under Section
2-2 26.0135 of this Code, any expenses [necessary to obtain from the
2-3 federal government delegation of and] to administer the national
2-4 pollutant discharge elimination system (NPDES) program, and any
2-5 other program reasonably related to the activities of the fee
2-6 payers under this section;
2-7 (3) The fee for each year is imposed on each permit or
2-8 water right in effect during any part of the year. The commission
2-9 may establish reduced fees for inactive permits.
2-10 (b) The commission by rule shall adopt a fee schedule for
2-11 determining the amount to be charged. The amount of the fee may
2-12 not exceed [$25,000] $75,000 for each [waste discharge] permit or
2-13 contract [held by a permittee]. In determining the amount of a fee
2-14 under this section, the commission may consider:
2-15 (1) waste discharge permit factors such as flow
2-16 volume, toxic pollutant potential, level of traditional pollutant,
2-17 and heat load;
2-18 (2) [The commission may consider] the designated uses
2-19 and segment ranking classification of the water affected by the
2-20 discharges from the permitted facility;
2-21 (3) [Finally,] the expenses necessary to [obtain and]
2-22 administer the NPDES program;
2-23 (4) the reasonable costs of administering the water
2-24 quality management programs under Section 26.0135 of this Code; and
2-25 (5) any other reasonable costs necessary to administer
2-26 and enforce any program reasonably related to the activities of the
2-27 fee payers under this section. [The commission shall not adopt any
3-1 rule designed to increase the fee imposed under this section on a
3-2 treatment works owned by a local government, as those terms are
3-3 defined in Section 26.001 of this code, before August 31, 1999.]
3-4 SECTION 2. Section 26.0135 is amended by amending Subsection
3-5 (h) and repealing Subsection (j) as follows:
3-6 (h) [The commission shall apportion, assess and recover the
3-7 reasonable costs of administering the water quality management
3-8 programs under this section from users of water and wastewater
3-9 permit holders in the watershed according to the records of the
3-10 commission generally in proportion to their right, through permit
3-11 or contract, to use water from and discharge wastewater in the
3-12 watershed. Irrigation water rights shall not be subject to this
3-13 assessment.] The cost to river authorities and others to conduct
3-14 water quality monitoring and assessment shall be subject to prior
3-15 review and approval by the commission as to the methods of
3-16 allocation and total amount to be recovered. The commission shall
3-17 adopt rules to supervise and implement the water quality
3-18 monitoring, assessment, and associated costs. [The rules shall
3-19 ensure that water users and wastewater dischargers do not pay
3-20 excessive amounts, that program funds are equitably apportioned
3-21 among basins, that a river authority may recover no more than the
3-22 actual costs of administering the water quality management programs
3-23 called for in this section, and that no municipality shall be
3-24 assessed the cost for any efforts that duplicate water quality
3-25 management activities described in Section 26.177 of this chapter.
3-26 The rules concerning the apportionment and assessment of reasonable
3-27 costs shall provide for a recovery of not more than $5,000,000
4-1 annually. Costs recovered by the commission are to be deposited to
4-2 the credit of the water resource management account and may be used
4-3 only to accomplish the purposes of this section. The commission
4-4 may apply not more than 10 percent of the costs recovered annually
4-5 toward the commission's overhead costs for the administration of
4-6 this section and the implementation of regional water quality
4-7 assessments. The commission, with the assistance and input of each
4-8 river authority, shall file a written report accounting for the
4-9 costs recovered under this section with the governor, the
4-10 lieutenant governor, and the speaker of the house of
4-11 representatives on or before December 1 of each even-numbered
4-12 year.]
4-13 (j) [In recovering the costs of water quality management
4-14 programs under this section from wastewater permit holders, the
4-15 commission may consolidate any fee assessed against a wastewater
4-16 permit holder under Subsection (h) of this section with the
4-17 assessment of a wastewater inspection fee authorized under Section
4-18 26.0291 of this chapter. In consolidating these assessments the
4-19 commission may not recover any amount for the purposes of this
4-20 section in excess of the amounts authorized under Subsection (h).
4-21 The commission shall also ensure that any revenues collected from
4-22 wastewater permit holders under this section are allocated to meet
4-23 the purposes of this section.]
4-24 SECTION 3. This Act takes effect September 1, 2001.
4-25 SECTION 4. Water resource management account balances
4-26 dedicated to a particular purpose under law in effect on August 31,
4-27 2001 that have not been expended by that date may be used for the
5-1 purposes authorized under this Act.