By: Sheffield (Senate Sponsor - Buckingham) H.B. No. 2582
(In the Senate - Received from the House April 24, 2017;
May 1, 2017, read first time and referred to Committee on Natural
Resources & Economic Development; May 9, 2017, reported favorably
by the following vote: Yeas 11, Nays 0; May 9, 2017, sent to
printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to an exemption for certain quarries from regulation as
aggregate production operations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28A.001(1), Water Code, is amended to
read as follows:
(1) "Aggregate production operation" means the site
from which aggregates are being or have been removed or extracted
from the earth, including the entire areas of extraction, stripped
areas, haulage ramps, and the land on which the plant processing the
raw materials is located, exclusive of any land owned or leased by
the responsible party not being currently used in the production of
aggregates. For the purposes of this chapter, the term "aggregate
production operation" does not include:
(A) a site at which the materials that are being
removed or extracted from the earth are used or processed at the
same site or at a related site under the control of the same
responsible party for the production of cement or lightweight
aggregates, or in a lime kiln;
(B) a temporary site that is being used solely to
provide aggregate products for use in a public works project
involving the Texas Department of Transportation or a local
governmental entity;
(C) an extraction area from which all raw
material is extracted for use as fill or for other construction uses
at the same or a contiguous site; [or]
(D) a site at which the materials that are being
removed or extracted from the earth are used or processed for use in
the construction, modification, or expansion of a solid waste
facility at the site or another location; or
(E) a site at which:
(i) the materials being removed or
extracted from the earth are specialty or terrazo-type stone
removed or extracted exclusively for decorative or artistic uses;
and
(ii) the portion of the specialty or
terrazo-type stone horizon that is exposed for current production
for commercial sale in the site does not exceed five acres.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.
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