HBA-CBW S.B. 289 77(R)BILL ANALYSIS


Office of House Bill AnalysisS.B. 289
By: Armbrister
Natural Resources
4/22/2001
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Currently, Texas law requires water quality management and watermaster fees
to be charged to small hydroelectric facilities.  The current fee structure
may cause financial hardships for these small facilities. Senate Bill 289
exempts small hydroelectric facilities with a capacity of less than two
megawatts from paying water quality management and watermaster fees. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 289 amends the Water Code to prohibit the Texas Natural
Resource Conservation Commission from assessing the costs of a watermaster
against a holder of a non-priority hydroelectric right that owns or
operates facilities that collectively have a capacity of less than two
megawatts.  The bill prohibits a trial court from assessing the costs and
expenses of a watermaster against a holder of  a non-priority hydroelectric
right that owns or operates facilities that collectively have a capacity of
less than two megawatts.  The bill provides that such a holder will not be
subject to an assessment for specified water quality management programs. 

EFFECTIVE DATE

September 1, 2001.

EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 requires that a holder of a non-priority
hydroelectric right that owns and operates privately-owned facilities that
collectively have a capacity of less than two megawatts be assessed fees at
the same rate per acre-foot charged to a holder of a non-priority
hydroelectric right that owns or operates privately-owned facilities that
collectively have a capacity of more than two megawatts.  The amendment
also provides that the prohibition pertaining to the assessment of the
costs of a watermaster by the Texas Natural Resource Conservation
Commission (TNRCC) applies only to privately-owned facilities. 

Committee Amendment No. 2 provides that the prohibitions pertaining to the
assessment of the costs and expenses of a watermaster by a trial court and
the assessment of the costs of administering water quality management
programs by TNRCC apply only to privately-owned facilities.