The commission may set pipeline safety and regulatory fees by rule, and it must set the fee calculation method and make the fees sufficient to cover program costs.
Sec. 81.071. PIPELINE SAFETY AND REGULATORY FEES. (a) The commission by rule may establish pipeline safety and regulatory fees to be assessed for permits or registrations for pipelines under the jurisdiction of the commission's pipeline safety and regulatory program. (b) The commission may establish fees to be assessed annually against permit or registration holders, as well as individual fees for new permits or registrations, permit or registration renewals, and permit or registration amendments. (c) The fees must be in amounts that in the aggregate are sufficient to support all pipeline safety and regulatory program costs, including: (1) permitting or registration costs; (2) administrative costs; and (3) costs of employee salaries and benefits. (d) The commission by rule must establish the method or methods by which the fees will be calculated and assessed so that fee amounts will reflect the time spent and costs incurred to perform the regulatory work associated with permitting or registering pipelines, the effects of required fees on operators of all sizes, and other factors the commission determines are important to the fair imposition of the fees. The commission may base the fees on any factor the commission considers necessary to efficiently and fairly recover the pipeline safety and regulatory program's costs, including: (1) the length of the pipeline; (2) the number of new permits or registrations, permit or registration renewals, or permit or registration amendments; or (3) the number of pipeline systems. (e) The commission by rule may establish a reasonable late payment penalty for a fee charged under this section. (f) The authority provided by this section is in addition to the authority provided by Section 121.211, Utilities Code, and the commission shall consider any fees assessed under that section in establishing the fees to be assessed under this section. (g) A fee collected under this section shall be deposited to the credit of the oil and gas regulation and cleanup fund as provided by Section 81.067. Added by Acts 2017, 85th Leg., R.S., Ch. 57 (H.B. 1818), Sec. 5, eff. September 1, 2017.