Texas 2019 - 86th Regular

Texas House Bill HB2871 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R5681 JXC-D
2	2	By: Biedermann H.B. No. 2871
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of certain aggregate production
8	8	operations by the Railroad Commission of Texas; authorizing a fee;
9	9	providing administrative penalties and other civil remedies;
10	10	creating criminal offenses.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Title 4, Natural Resources Code, is amended by
13	13	adding Chapter 135 to read as follows:
14	14	CHAPTER 135. AGGREGATE PRODUCTION OPERATIONS
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 135.0001. DEFINITIONS. In this chapter:
17	17	(1) "Affected land" means:
18	18	(A) the area from which any materials are to be or
19	19	have been displaced in an aggregate production operation;
20	20	(B) the area on which any materials that are
21	21	displaced are to be or have been deposited;
22	22	(C) the haul roads and impoundment basins within
23	23	the aggregate production operation; and
24	24	(D) other land whose natural state has been or
25	25	will be disturbed as a result of the aggregate production
26	26	operations.
27	27	(2) "Aggregate production operation" means an
28	28	extraction operation at an aggregate production operation site
29	29	described by Section 28A.001(1), Water Code.
30	30	(3) "Commission" means the Railroad Commission of
31	31	Texas.
32	32	(4) "Operator" and "responsible party" have the
33	33	meanings assigned by Section 28A.001, Water Code.
34	34	Sec. 135.0002. APPLICABILITY. This chapter applies only to
35	35	an aggregate production operation that includes a facility for
36	36	which a permit is required under Chapter 382, Health and Safety
37	37	Code.
38	38	Sec. 135.0003. REPORT. The commission shall provide to the
39	39	governor, the lieutenant governor, and the speaker of the house of
40	40	representatives an annual report with information regarding the
41	41	implementation of this chapter, including:
42	42	(1) the results of the survey to locate unregistered
43	43	active aggregate production operations under Section 135.0102;
44	44	(2) the number and general location of the registered
45	45	aggregate production operations;
46	46	(3) the number of inspectors trained in multiple areas
47	47	related to the inspection of aggregate production operations;
48	48	(4) the number of inspections conducted; and
49	49	(5) the results of the inspections.
50	50	Sec. 135.0004. AGGREGATE PRODUCTION OPERATION REGULATION
51	51	ACCOUNT. (a) The aggregate production operation regulation
52	52	account is created as an account in the general revenue fund of the
53	53	state treasury.
54	54	(b) Money in the aggregate production operation regulation
55	55	account may be used only by the commission or its employees or
56	56	agents for the purposes of this chapter.
57	57	Sec. 135.0005. MEMORANDUM OF UNDERSTANDING. The commission
58	58	may enter into a memorandum of understanding with the Texas
59	59	Commission on Environmental Quality as necessary to administer and
60	60	enforce this chapter.
61	61	SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION
62	62	Sec. 135.0051. GENERAL AUTHORITY OF COMMISSION. To
63	63	accomplish the purposes of this chapter, the commission may:
64	64	(1) adopt, amend, and enforce rules pertaining to
65	65	aggregate production operations consistent with this chapter;
66	66	(2) issue permits under this chapter;
67	67	(3) conduct hearings under this chapter and Chapter
68	68	2001, Government Code;
69	69	(4) issue orders requiring a person to take actions
70	70	necessary to comply with this chapter or rules adopted under this
71	71	chapter;
72	72	(5) issue orders modifying previous orders;
73	73	(6) issue a final order revoking the permit of a person
74	74	who has not complied with a commission order to take action required
75	75	by this chapter or rules adopted under this chapter;
76	76	(7) hire employees, adopt standards for employment,
77	77	and hire or authorize the hiring of outside contractors to assist in
78	78	carrying out this chapter;
79	79	(8) accept, receive, and administer grants, gifts,
80	80	loans, or other money made available from any source for the
81	81	purposes of this chapter; and
82	82	(9) perform any other duty or act required by or
83	83	provided for in this chapter.
84	84	Sec. 135.0052. MONITORING, REPORTING, AND INSPECTIONS. (a)
85	85	The commission may:
86	86	(1) require monitoring and reporting;
87	87	(2) enter and inspect aggregate production
88	88	operations; and
89	89	(3) take other actions necessary to administer,
90	90	enforce, or evaluate the administration of this chapter.
91	91	(b) For purposes of this section, the commission or its
92	92	authorized representative:
93	93	(1) without advance notice and on presentation of
94	94	appropriate credentials, has the right to enter:
95	95	(A) an aggregate production operation; or
96	96	(B) premises on which records required to be
97	97	maintained are located; and
98	98	(2) at reasonable times and without delay, may have
99	99	access to and copy records required under this chapter or rules
100	100	adopted under this chapter or inspect any monitoring equipment or
101	101	method of operation required under this chapter or rules adopted
102	102	under this chapter.
103	103	(c) The commission shall inspect each active aggregate
104	104	production operation in this state for compliance with any
105	105	applicable environmental laws and rules under the jurisdiction of
106	106	the commission at least once every three years.
107	107	(d) The commission may conduct an inspection only after
108	108	providing notice to the responsible party in accordance with
109	109	commission policy.
110	110	(e) Except as provided by Subsection (f), an inspection must
111	111	be conducted by one or more inspectors trained in the regulatory
112	112	requirements under the jurisdiction of the commission that are
113	113	applicable to an active aggregate production operation. If the
114	114	inspection is conducted by more than one inspector, each inspector
115	115	is not required to be trained in each of the applicable regulatory
116	116	requirements, but the combined training of the inspectors must
117	117	include each of the applicable regulatory requirements.
118	118	(f) An investigation in response to a complaint satisfies
119	119	the requirement of an inspection under this section if a potential
120	120	noncompliance issue not related to the complaint is observed and
121	121	is:
122	122	(1) not within an area of expertise of the
123	123	investigator but is referred by the investigator to the commission
124	124	for further investigation; or
125	125	(2) within an area of expertise of the inspector and is
126	126	appropriately investigated and appropriately addressed in the
127	127	investigation report.
128	128	SUBCHAPTER C. REGISTRATION AND SURVEY
129	129	Sec. 135.0101. REGISTRATION. (a) The responsible party
130	130	for an aggregate production operation shall register the operation
131	131	with the commission not later than the 10th business day before the
132	132	beginning date of extraction activities and shall renew the
133	133	registration annually as extraction activities continue.
134	134	(b) After extraction activities at an aggregate production
135	135	operation have ceased and the operator has notified the commission
136	136	in writing that the operations have ceased, the requirements of
137	137	this subchapter are not applicable to the aggregate production
138	138	operation.
139	139	(c) The commission may not register an aggregate production
140	140	operation unless the commission has issued a reclamation permit for
141	141	the operation under Subchapter D.
142	142	(d) The commission may not register an aggregate production
143	143	operation unless the responsible party provides to the commission
144	144	documentation of any required permit issued for the operation by
145	145	each groundwater conservation district in which the operation is
146	146	located.
147	147	Sec. 135.0102. SURVEY. (a) The commission annually shall
148	148	conduct a physical survey of the state to:
149	149	(1) identify all active aggregate production
150	150	operations in this state; and
151	151	(2) ensure that each active aggregate production
152	152	operation in this state is registered with the commission.
153	153	(b) The commission may contract with or seek assistance from
154	154	a governmental entity or other person to conduct the annual survey
155	155	required by Subsection (a) to identify active aggregate production
156	156	operations that are not registered under this chapter.
157	157	Sec. 135.0103. FEES. (a) A person who registers an
158	158	aggregate production operation under this subchapter shall pay
159	159	annually an aggregate production operation registration fee to the
160	160	commission in an amount established by commission rule.
161	161	(b) The commission shall set the annual registration fee in
162	162	an amount sufficient to maintain a registry of active aggregate
163	163	production operations in this state and implement this chapter, not
164	164	to exceed $1,000.
165	165	(c) Registration fees collected under this section shall be
166	166	deposited in the aggregate production operation regulation account
167	167	and may be used only to implement this chapter.
168	168	Sec. 135.0104. REGISTRATION PENALTY. The commission may
169	169	assess a penalty of not less than $5,000 and not more than $10,000
170	170	for each year in which an aggregate production operation operates
171	171	without being registered under this subchapter. The total penalty
172	172	under this section may not exceed $25,000 for an aggregate
173	173	production operation that is operated in three or more years
174	174	without being registered.
175	175	SUBCHAPTER D. RECLAMATION PERMIT
176	176	Sec. 135.0151. RECLAMATION OBJECTIVE. (a) The basic
177	177	objective of reclamation is to reestablish on a continuing basis,
178	178	where required, vegetation and other natural conditions consistent
179	179	with the anticipated subsequent use of the affected land.
180	180	(b) The process of reclamation may require contouring,
181	181	terracing, grading, backfilling, resoiling, revegetation,
182	182	compaction and stabilization and settling ponds, water
183	183	impoundments, diversion ditches, and other water treatment
184	184	facilities in order to minimize water diminution to existing water
185	185	sources, pollution, soil and wind erosion, or flooding resulting
186	186	from extraction or any other activity that may be considered
187	187	necessary to accomplish the reclamation of the affected land to a
188	188	substantially beneficial condition.
189	189	Sec. 135.0152. RECLAMATION PERMIT REQUIRED. (a) A person
190	190	may not conduct an aggregate production operation without first
191	191	obtaining a reclamation permit for that operation from the
192	192	commission under this subchapter.
193	193	(b) The commission by rule shall establish requirements for
194	194	obtaining a permit. The requirements must:
195	195	(1) ensure that the permit holder is capable of
196	196	completing a reclamation process for the permit area in a manner
197	197	that is compatible with the objective described by Section
198	198	135.0151; and
199	199	(2) be modeled on the reclamation requirements for
200	200	surface mining of uranium and uranium ore under Chapter 131 and
201	201	surface coal mining under Chapter 134, including the submission of
202	202	a reclamation plan and a performance bond.
203	203	Sec. 135.0153. PERMIT APPLICATION AND ISSUANCE. (a) The
204	204	commission by rule shall establish requirements for submitting a
205	205	permit application.
206	206	(b) Chapter 2001, Government Code, applies to a permit
207	207	application under this subchapter.
208	208	(c) On the basis of a complete application for a permit, the
209	209	commission shall approve, require modification of, or deny a permit
210	210	application.
211	211	(d) An applicant for a permit has the burden of establishing
212	212	that the application complies with this subchapter and rules
213	213	adopted under this chapter.
214	214	Sec. 135.0154. PERMIT REVISIONS. (a) The commission by
215	215	rule shall require that a permit holder:
216	216	(1) notify the commission of any significant changes
217	217	in a condition that the commission evaluated as part of the permit
218	218	application process that occur after the permit was issued; and
219	219	(2) apply for a permit revision if the commission
220	220	determines a revision is appropriate.
221	221	(b) A permit revision application is subject to the same
222	222	requirements for issuance as an initial permit.
223	223	Sec. 135.0155. CIVIL OR ADMINISTRATIVE ENFORCEMENT.
224	224	Subchapter H, Chapter 134, applies to the civil or administrative
225	225	enforcement of this subchapter or a rule, order, or permit adopted
226	226	or issued under this subchapter in the same manner as Subchapter H,
227	227	Chapter 134, applies to the civil or administrative enforcement of
228	228	that chapter or a rule, order, or permit adopted or issued under
229	229	that chapter.
230	230	Sec. 135.0156. CRIMINAL PENALTY FOR WILFUL AND KNOWING
231	231	VIOLATION. (a) A person commits an offense if the person wilfully
232	232	and knowingly violates a condition of a permit issued under this
233	233	subchapter or does not comply with an order issued under this
234	234	subchapter, except an order incorporated in a decision issued by
235	235	the commission under Section 134.175, as applicable under Section
236	236	135.0155.
237	237	(b) An offense under this section is punishable by:
238	238	(1) a fine of not more than $10,000;
239	239	(2) imprisonment for not more than one year; or
240	240	(3) both the fine and the imprisonment.
241	241	Sec. 135.0157. CRIMINAL PENALTY FOR FALSE STATEMENT,
242	242	REPRESENTATION, OR CERTIFICATION. (a) A person commits an offense
243	243	if the person knowingly makes a false statement, representation, or
244	244	certification, or knowingly fails to make a statement,
245	245	representation, or certification, in an application, record,
246	246	report, or other document filed or required to be maintained under
247	247	this subchapter or under an order of decision issued by the
248	248	commission under this subchapter.
249	249	(b) An offense under this section is punishable by:
250	250	(1) a fine of not more than $10,000;
251	251	(2) imprisonment for not more than one year; or
252	252	(3) both the fine and the imprisonment.
253	253	SECTION 2. Subchapter A, Chapter 28A, Water Code, is
254	254	amended by adding Section 28A.002 to read as follows:
255	255	Sec. 28A.002. APPLICABILITY. This chapter applies only to
256	256	an aggregate production operation that does not include a facility
257	257	for which a permit is required under Chapter 382, Health and Safety
258	258	Code.
259	259	SECTION 3. (a) The Texas Commission on Environmental
260	260	Quality shall continue to carry out the commission's powers and
261	261	duties that are transferred by this Act until the commission and the
262	262	Railroad Commission of Texas adopt the memorandum of understanding
263	263	required by this section, complete the transfer of the items
264	264	specified in the memorandum, and publicly announce that the
265	265	transfer is complete.
266	266	(b) The Railroad Commission of Texas and the Texas
267	267	Commission on Environmental Quality shall enter into a memorandum
268	268	of understanding that:
269	269	(1) identifies in detail the applicable powers and
270	270	duties that are transferred by this Act;
271	271	(2) establishes a plan for the identification and
272	272	transfer of any records, personnel, property, and unspent
273	273	appropriations of the Texas Commission on Environmental Quality
274	274	that are used solely for purposes of the powers and duties that are
275	275	transferred by this Act; and
276	276	(3) establishes a plan for the transfer of any pending
277	277	applications, hearings, rulemaking proceedings, and orders
278	278	relating to the powers and duties that are transferred by this Act.
279	279	(c) The executive directors of the Railroad Commission of
280	280	Texas and the Texas Commission on Environmental Quality may agree
281	281	in the memorandum of understanding under this section to transfer
282	282	to the Railroad Commission of Texas any personnel of the Texas
283	283	Commission on Environmental Quality whose functions predominantly
284	284	involve powers and duties related to the powers and duties that are
285	285	transferred by this Act.
286	286	(d) A rule, form, policy, procedure, or decision of the
287	287	Texas Commission on Environmental Quality related to a power or
288	288	duty transferred under this Act continues in effect as a rule, form,
289	289	policy, procedure, or decision of the Railroad Commission of Texas
290	290	and remains in effect until amended or replaced by that agency.
291	291	SECTION 4. This Act takes effect September 1, 2019.