| 1 | 1 | | 2009S0228-1 02/03/09 |
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| 2 | 2 | | By: Averitt S.B. No. 2316 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the annual water quality fee for wastewater discharge |
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| 8 | 8 | | permit holders and water right users through permit or contract. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subsection (e), Section 26.0291, Water Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (e) The commission by rule shall adopt a fee schedule for |
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| 13 | 13 | | determining the amount of the fee to be charged. The amount of the |
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| 14 | 14 | | fee may not exceed $200,000 [$75,000] for each permit or contract. |
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| 15 | 15 | | The maximum annual fee under this section for a wastewater |
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| 16 | 16 | | discharge or waste treatment facility that holds a water right for |
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| 17 | 17 | | the use of water by the facility may not exceed $200,000 [$75,000]. |
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| 18 | 18 | | In determining the amount of a fee under this section, the |
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| 19 | 19 | | commission may consider: |
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| 20 | 20 | | (1) waste discharge permitting factors such as flow |
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| 21 | 21 | | volume, toxic pollutant potential, level of traditional pollutant, |
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| 22 | 22 | | and heat load; |
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| 23 | 23 | | (2) the designated uses and segment ranking |
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| 24 | 24 | | classification of the water affected by discharges from the |
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| 25 | 25 | | permitted facility; |
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| 26 | 26 | | (3) the expenses necessary to obtain and administer |
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| 27 | 27 | | the NPDES program; |
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| 28 | 28 | | (4) the reasonable costs of administering the water |
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| 29 | 29 | | quality management programs under Section 26.0135; and |
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| 30 | 30 | | (5) any other reasonable costs necessary to administer |
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| 31 | 31 | | and enforce a water resource management program reasonably related |
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| 32 | 32 | | to the activities of the persons required to pay a fee under this |
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| 33 | 33 | | section. |
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| 34 | 34 | | SECTION 2. The changes in law made by this Act apply only to |
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| 35 | 35 | | fees due on or after September 1, 2009. The assessment and |
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| 36 | 36 | | collection of fees due before the effective date of this Act is |
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| 37 | 37 | | governed by the former law, and that law is continued in effect for |
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| 38 | 38 | | that purpose. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2009. |
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