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


Office of House Bill AnalysisS.B. 289
By: Armbrister
Natural Resources
3/20/2001
Engrossed



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 costs 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 costs and expenses 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.