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A BILL TO BE ENTITLED
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AN ACT
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relating to the amount of the annual water quality fee imposed on |
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holders of wastewater discharge permits and on users of water. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 26.0291(e), Water Code, is amended to |
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read as follows: |
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(e) The commission by rule shall adopt a fee schedule for |
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determining the amount of the fee to be charged. The amount of the |
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fee may not exceed $200,000 [$75,000] for each permit or contract. |
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The maximum annual fee under this section for a wastewater |
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discharge or waste treatment facility that holds a water right for |
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the use of water by the facility may not exceed $200,000 [$75,000]. |
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In determining the amount of a fee under this section, the |
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commission may consider: |
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(1) waste discharge permitting factors such as flow |
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volume, toxic pollutant potential, level of traditional pollutant, |
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and heat load; |
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(2) the designated uses and segment ranking |
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classification of the water affected by discharges from the |
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permitted facility; |
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(3) the expenses necessary to obtain and administer |
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the NPDES program; |
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(4) the reasonable costs of administering the water |
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quality management programs under Section 26.0135; and |
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(5) any other reasonable costs necessary to administer |
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and enforce a water resource management program reasonably related |
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to the activities of the persons required to pay a fee under this |
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section. |
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SECTION 2. This Act takes effect September 1, 2009. |