2009S0228-1 02/03/09
By: Averitt S.B. No. 2316
A BILL TO BE ENTITLED
AN ACT
relating to the annual water quality fee for wastewater discharge
permit holders and water right users through permit or contract.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (e), Section 26.0291, Water Code, is
amended to read as follows:
(e) The commission by rule shall adopt a fee schedule for
determining the amount of the fee to be charged. The amount of the
fee may not exceed $200,000 [$75,000] for each permit or contract.
The maximum annual fee under this section for a wastewater
discharge or waste treatment facility that holds a water right for
the use of water by the facility may not exceed $200,000 [$75,000].
In determining the amount of a fee under this section, the
commission may consider:
(1) waste discharge permitting factors such as flow
volume, toxic pollutant potential, level of traditional pollutant,
and heat load;
(2) the designated uses and segment ranking
classification of the water affected by discharges from the
permitted facility;
(3) the expenses necessary to obtain and administer
the NPDES program;
(4) the reasonable costs of administering the water
quality management programs under Section 26.0135; and
(5) any other reasonable costs necessary to administer
and enforce a water resource management program reasonably related
to the activities of the persons required to pay a fee under this
section.
SECTION 2. The changes in law made by this Act apply only to
fees due on or after September 1, 2009. The assessment and
collection of fees due before the effective date of this Act is
governed by the former law, and that law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2009.