BILL ANALYSIS Senate Research Center S.B. 2316 By: Averitt Natural Resources 4/8/2009 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT The proposed legislation provides funding for the Texas Commission on Environmental Quality's water programs and reduces reliance on general revenue in the legislative appropriations process. As proposed, S.B. 2316 raises the statutory cap for the annual water quality for wastewater discharge permit holders and water right users through permit or contract from $75,000 to $200,000. [Note: While the statutory reference in this bill is to the Texas Natural Resource Conservation Commission (TNRCC), the following amendments affect the Texas Commission on Environmental Quality, as the successor agency to TNRCC.] RULEMAKING AUTHORITY Rulemaking authority previously granted to Texas Natural Resource Conservation Commission is modified in SECTION 1 (Section 26.0291, Water Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends, Section 26.0291(e), Water Code, as follows: (e) Provides that the annual water quality fee for wastewater discharge permit holders and water right users may not exceed $200,000, rather than $75,000, for each permit or contract. Prohibits 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 from exceeding $200,000, rather than $75,000. SECTION 2. Makes application of this Act prospective to fees due on or after September 1, 2009. SECTION 3. Effective date: September 1, 2009. BILL ANALYSIS Senate Research Center S.B. 2316 By: Averitt Natural Resources 4/8/2009 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT The proposed legislation provides funding for the Texas Commission on Environmental Quality's water programs and reduces reliance on general revenue in the legislative appropriations process. As proposed, S.B. 2316 raises the statutory cap for the annual water quality for wastewater discharge permit holders and water right users through permit or contract from $75,000 to $200,000. [Note: While the statutory reference in this bill is to the Texas Natural Resource Conservation Commission (TNRCC), the following amendments affect the Texas Commission on Environmental Quality, as the successor agency to TNRCC.] RULEMAKING AUTHORITY Rulemaking authority previously granted to Texas Natural Resource Conservation Commission is modified in SECTION 1 (Section 26.0291, Water Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends, Section 26.0291(e), Water Code, as follows: (e) Provides that the annual water quality fee for wastewater discharge permit holders and water right users may not exceed $200,000, rather than $75,000, for each permit or contract. Prohibits 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 from exceeding $200,000, rather than $75,000. SECTION 2. Makes application of this Act prospective to fees due on or after September 1, 2009. SECTION 3. Effective date: September 1, 2009.