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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. Beginning |
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September 1, 2009, the maximum amount of a fee under this section is |
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$100,000. On September 1 of each subsequent year, the commission |
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shall adjust the maximum fee amount as necessary to reflect the |
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percentage change during the preceding year in the Consumer Price |
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Index for All Urban Consumers (CPI-U), U.S. City Average, published |
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monthly by the United States Bureau of Labor Statistics, or its |
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successor in function. Notwithstanding any adjustment for |
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inflation under this subsection, the [The] amount of the fee may not |
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exceed $150,000 [$75,000] for each permit or contract and the [.
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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 is $150,000 [may not exceed
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$75,000].��In determining the amount of a fee under this section, |
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the 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. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I certify that H.B. No. 1433 was passed by the House on May 1, |
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2009, by the following vote:��Yeas 93, Nays 46, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House��� |
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�������I certify that H.B. No. 1433 was passed by the Senate on May |
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13, 2009, by the following vote:��Yeas 28, Nays 3. |
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______________________________ |
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Secretary of the Senate���� |
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APPROVED:��_____________________ |
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�������������������Date���������� |
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����������_____________________ |
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�����������������Governor������� |