Bill Text: TX SB1696 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the regulation of aggregate production operations; requiring a permit; authorizing a fee.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-14 - Referred to Natural Resources & Economic Development [SB1696 Detail]

Download: Texas-2019-SB1696-Introduced.html
  86R13993 SLB-D
 
  By: Campbell S.B. No. 1696
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of aggregate production operations;
  requiring a permit; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter B, Chapter 28A, Water
  Code, is amended to read as follows:
  SUBCHAPTER B. PERMIT [REGISTRATION] AND INSPECTION
         SECTION 2.  Subchapter B, Chapter 28A, Water Code, is
  amended by adding Sections 28A.0525, 28A.0526, and 28A.0527 to read
  as follows:
         Sec. 28A.0525.  PERMIT REQUIRED. (a) A person may not begin
  or conduct extraction activities at an aggregate production
  operation unless the responsible party has obtained a standard
  permit for the aggregate production operation from the commission
  under this section.
         (b)  The commission by rule shall:
               (1)  adopt a standard permit for aggregate production
  operations; 
               (2)  prescribe an application for a standard permit
  under this section; and
               (3)  provide for the issuance of a standard permit
  under this section.
         (c)  A permit does not become a vested right in the permit
  holder.
         (d)  A permit may be issued under this section for a term set
  by the board not to exceed six years from the date of issuance.
         (e)  The commission may charge fees for the issuance of
  permits under this section in an amount sufficient to recover the
  costs of administering this chapter.
         Sec. 28A.0526.  NOTICE AND HEARING. (a) Except as provided
  by Subsection (b), the notice and hearing provisions of Subchapter
  M, Chapter 5, Water Code, apply to an application under this section
  for a permit or a permit renewal.
         (b)  A public hearing on an application for a permit or
  permit renewal issued under this section must be held in the
  municipality located closest to the proposed or existing aggregate
  production operation.
         Sec. 28A.0527.  CERTAIN LOCATIONS RESTRICTED. (a) This
  section applies only to an aggregate production operation located:
               (1)  in the Guadalupe River watershed according to the
  National Hydrography Dataset and the Watershed Boundary Dataset;
  and
               (2)  west of the Canyon Lake Dam.
         (b)  An aggregate production operation may not operate
  within 1500 feet of a navigable waterway.
         (c)  An application for a permit to operate an aggregate
  production operation must include:
               (1)  information satisfying criteria determined by the
  commission regarding:
                     (A)  slope gradients sufficient to minimize the
  potential for erosion and water quality degradation;
                     (B)  the potential for significant damage to
  important historical and cultural values or ecological systems;
                     (C)  the effect on:
                           (i)  natural resources, including aquifers
  and aquifer recharge zones;  
                           (ii)  agricultural activity; and
                           (iii)  areas subject to frequent flooding or
  geological events; and
                     (D)  concerns relevant to the substantial
  endangerment of life or property;
               (2)  a plan for the:
                     (A)  control of water drainage and accumulation
  that prevents erosion and damage to fish or wildlife habitat; and
                     (B)  reclamation and revegetation of the quarried
  land consistent with best management practices adopted by the
  commission; and
               (3)  evidence of sufficient financial assurance to
  cover the remediation of potential negative effects on the
  Guadalupe River and surrounding areas, as determined by commission
  rule.
         SECTION 3.  Section 28A.053(a), Water Code, is amended to
  read as follows:
         (a)  The commission shall inspect each active permitted
  aggregate production operation in this state for compliance with
  applicable permit conditions and environmental laws and rules under
  the jurisdiction of the commission at least once every three years.
         SECTION 4.  The heading to Subchapter C, Chapter 28A, Water
  Code, is amended to read as follows:
  SUBCHAPTER C. [FEES AND] ENFORCEMENT
         SECTION 5.  Section 28A.102, Water Code, is amended to read
  as follows:
         Sec. 28A.102.  PENALTY. The commission may assess a penalty
  of not less than $5,000 and not more than $10,000 for each year in
  which an aggregate production operation operates without a permit
  issued [being registered] under this chapter. The total penalty
  under this section may not exceed $25,000 for an aggregate
  production operation that is operated in three or more years
  without a permit [being registered].
         SECTION 6.  The following provisions of the Water Code are
  repealed:
               (1)  Section 28A.051;
               (2)  Section 28A.052;
               (3)  Section 28A.054; and
               (4)  Section 28A.101.
         SECTION 7.  (a) Not later than March 1, 2020, the Texas
  Commission on Environmental Quality shall adopt rules to implement
  the changes in law made by this Act to Chapter 28A, Water Code.
         (b)  Notwithstanding Section 28A.0525, Water Code, as added
  by this Act, a person beginning extraction activities at an
  aggregate production operation on or after the effective date of
  this Act is not required to hold a permit required by that section
  for the extraction activities until September 1, 2020.
         SECTION 8.  The changes in law made by this Act apply only to
  an aggregate production operation at which extraction activities
  begin on or after the effective date of this Act. An aggregate
  production operation at which extraction activities began before
  the effective date of this Act is governed by the law in effect
  immediately before the effective date of this Act, and the former
  law is continued in effect for that purpose.
         SECTION 9.  This Act takes effect September 1, 2019.
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