Texas 2019 - 86th Regular

Texas House Bill HB3798 Compare Versions

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

Old	New	Differences
1	1	86R15856 JXC-D
2	2	By: Biedermann H.B. No. 3798
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of and permit requirements for certain
8	8	facilities that extract, produce, or process aggregates and of
9	9	related facilities by the Texas Commission on Environmental Quality
10	10	and the Railroad Commission of Texas; providing administrative
11	11	penalties and other civil remedies; creating criminal offenses.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 382.0516, Health and Safety Code, is
14	14	amended by adding Subsection (c) to read as follows:
15	15	(c) In addition to the notice required by Subsection (a),
16	16	for an application that relates to a facility that is or is proposed
17	17	to be part of an aggregate production operation required to be
18	18	registered under Section 28A.051, Water Code, on receiving the
19	19	application, the commission shall send notice of the application to
20	20	each school district in which the operation is located and any other
21	21	school district located less than five miles from the site of the
22	22	proposed facility.
23	23	SECTION 2. Section 382.056(r), Health and Safety Code, is
24	24	amended to read as follows:
25	25	(r) This section does not apply to:
26	26	(1) the relocation or change of location of a portable
27	27	facility to a site where a portable facility has been located at the
28	28	proposed site at any time during the previous two years;
29	29	(2) a facility located temporarily in the
30	30	right-of-way, or contiguous to the right-of-way, of a public works
31	31	project; or
32	32	(3) a facility described by Section 382.065(c), unless
33	33	that facility is in a county with a population of one [3.3] million
34	34	or more or in a county adjacent to such a county.
35	35	SECTION 3. Sections 382.065(a), (b), and (d), Health and
36	36	Safety Code, are amended to read as follows:
37	37	(a) The commission by rule shall prohibit the operation of a
38	38	concrete crushing facility within one mile [440 yards] of a
39	39	building in use as a single or multifamily residence, school, or
40	40	place of worship at the time the application for a permit to operate
41	41	the facility at a site near the residence, school, or place of
42	42	worship is filed with the commission. The measurement of distance
43	43	for purposes of this subsection shall be taken from the point on the
44	44	concrete crushing facility that is nearest to the residence,
45	45	school, or place of worship toward the point on the residence,
46	46	school, or place of worship that is nearest the concrete crushing
47	47	facility.
48	48	(b) Subsection (a) does not apply to a concrete crushing
49	49	facility:
50	50	(1) at a location for which commission authorization
51	51	for the operation of a concrete crushing facility was in effect on
52	52	September 1, 2001;
53	53	(2) at a location that satisfies the distance
54	54	requirements of Subsection (a) at the time the application for the
55	55	initial authorization for the operation of that facility at that
56	56	location is filed with the commission, provided that the
57	57	authorization is granted and maintained, regardless of whether a
58	58	single or multifamily residence, school, or place of worship is
59	59	subsequently built or put to use within one mile [440 yards] of the
60	60	facility; or
61	61	(3) that:
62	62	(A) uses a concrete crusher:
63	63	(i) in the manufacture of products that
64	64	contain recycled materials; and
65	65	(ii) that is located in an enclosed
66	66	building; and
67	67	(B) is located:
68	68	(i) within 25 miles of an international
69	69	border; and
70	70	(ii) in a municipality with a population of
71	71	not less than 6,100 but not more than 20,000.
72	72	(d) Notwithstanding Subsection (c), Subsection (a) applies
73	73	to a concrete crushing facility in a county with a population of one
74	74	[3.3] million or more or in a county adjacent to such a county.
75	75	SECTION 4. Subchapter C, Chapter 382, Health and Safety
76	76	Code, is amended by adding Section 382.069 to read as follows:
77	77	Sec. 382.069. AGGREGATE PRODUCTION OPERATIONS. (a) This
78	78	section applies only to a permit for a facility that is or is
79	79	proposed to be part of an aggregate production operation required
80	80	to be registered under Section 28A.051, Water Code.
81	81	(b) The commission may adopt a standard audit and air
82	82	sampling program for permit holders.
83	83	(c) The commission shall adopt a policy to grant a permit
84	84	holder who is not subject to Chapter 1101 the privileges
85	85	established in Chapter 1101 if the permit holder chooses to comply
86	86	with the requirements of Chapter 1101 for the facility for which the
87	87	permit is issued.
88	88	(d) The commission may not grant a permit application that
89	89	relates to a proposed facility under this chapter unless the
90	90	applicant provides to the commission documentation of any required
91	91	permit issued to the applicant by:
92	92	(1) each groundwater conservation district in which
93	93	the proposed facility will be located; and
94	94	(2) the Railroad Commission of Texas under Chapter
95	95	135, Natural Resources Code.
96	96	SECTION 5. Title 4, Natural Resources Code, is amended by
97	97	adding Chapter 135 to read as follows:
98	98	CHAPTER 135. AGGREGATE PRODUCTION OPERATIONS
99	99	SUBCHAPTER A. GENERAL PROVISIONS
100	100	Sec. 135.0001. DEFINITIONS. In this chapter:
101	101	(1) "Affected land" means:
102	102	(A) the area from which any materials are to be or
103	103	have been displaced in an aggregate production operation;
104	104	(B) the area on which any materials that are
105	105	displaced are to be or have been deposited;
106	106	(C) the haul roads and impoundment basins within
107	107	the aggregate production operation; and
108	108	(D) other land whose natural state has been or
109	109	will be disturbed as a result of the aggregate production
110	110	operations.
111	111	(2) "Aggregate production operation" means an
112	112	extraction operation at an aggregate production operation site
113	113	described by Section 28A.001(1), Water Code.
114	114	(3) "Commission" means the Railroad Commission of
115	115	Texas.
116	116	SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION
117	117	Sec. 135.0051. GENERAL AUTHORITY OF COMMISSION. To
118	118	accomplish the purposes of this chapter, the commission may:
119	119	(1) adopt, amend, and enforce rules pertaining to
120	120	aggregate production operations consistent with this chapter;
121	121	(2) issue permits under this chapter;
122	122	(3) conduct hearings under this chapter and Chapter
123	123	2001, Government Code;
124	124	(4) issue orders requiring a person to take actions
125	125	necessary to comply with this chapter or rules adopted under this
126	126	chapter;
127	127	(5) issue orders modifying previous orders;
128	128	(6) issue a final order revoking the permit of a person
129	129	who has not complied with a commission order to take action required
130	130	by this chapter or rules adopted under this chapter;
131	131	(7) hire employees, adopt standards for employment,
132	132	and hire or authorize the hiring of outside contractors to assist in
133	133	carrying out this chapter;
134	134	(8) accept, receive, and administer grants, gifts,
135	135	loans, or other money made available from any source for the
136	136	purposes of this chapter; and
137	137	(9) perform any other duty or act required by or
138	138	provided for in this chapter.
139	139	Sec. 135.0052. MONITORING, REPORTING, AND INSPECTIONS. (a)
140	140	The commission may:
141	141	(1) require monitoring and reporting;
142	142	(2) enter and inspect aggregate production
143	143	operations; and
144	144	(3) take other actions necessary to administer,
145	145	enforce, or evaluate the administration of this chapter.
146	146	(b) For purposes of this section, the commission or its
147	147	authorized representative:
148	148	(1) without advance notice and on presentation of
149	149	appropriate credentials, has the right to enter:
150	150	(A) an aggregate production operation; or
151	151	(B) premises on which records required to be
152	152	maintained are located; and
153	153	(2) at reasonable times and without delay, may have
154	154	access to and copy records required under this chapter or rules
155	155	adopted under this chapter or inspect any monitoring equipment or
156	156	method of operation required under this chapter or rules adopted
157	157	under this chapter.
158	158	SUBCHAPTER C. RECLAMATION PERMIT
159	159	Sec. 135.0101. RECLAMATION OBJECTIVE. (a) The basic
160	160	objective of reclamation is to reestablish on a continuing basis,
161	161	where required, vegetation and other natural conditions consistent
162	162	with the anticipated subsequent use of the affected land.
163	163	(b) The process of reclamation may require contouring,
164	164	terracing, grading, backfilling, resoiling, revegetation,
165	165	compaction and stabilization and settling ponds, water
166	166	impoundments, diversion ditches, and other water treatment
167	167	facilities in order to minimize water diminution to existing water
168	168	sources, pollution, soil and wind erosion, or flooding resulting
169	169	from extraction or any other activity that may be considered
170	170	necessary to accomplish the reclamation of the affected land to a
171	171	substantially beneficial condition.
172	172	Sec. 135.0102. RECLAMATION PERMIT REQUIRED. (a) A person
173	173	may not conduct an aggregate production operation that includes a
174	174	facility for which a permit is required under Chapter 382, Health
175	175	and Safety Code, without first obtaining a reclamation permit for
176	176	that operation from the commission under this chapter.
177	177	(b) The commission by rule shall establish requirements for
178	178	obtaining a permit. The requirements must:
179	179	(1) ensure that the permit holder is capable of
180	180	completing a reclamation process for the permit area in a manner
181	181	that is compatible with the objective described by Section
182	182	135.0101; and
183	183	(2) be modeled on the reclamation requirements for
184	184	surface mining of uranium and uranium ore under Chapter 131 and
185	185	surface coal mining under Chapter 134, including the submission of
186	186	a reclamation plan and a performance bond.
187	187	Sec. 135.0103. PERMIT APPLICATION AND ISSUANCE. (a) The
188	188	commission by rule shall establish requirements for submitting a
189	189	permit application.
190	190	(b) Chapter 2001, Government Code, applies to a permit
191	191	application under this chapter.
192	192	(c) On the basis of a complete application for a permit, the
193	193	commission shall approve, require modification of, or deny a permit
194	194	application.
195	195	(d) An applicant for a permit has the burden of establishing
196	196	that the application complies with this chapter and rules adopted
197	197	under this chapter.
198	198	Sec. 135.0104. PERMIT REVISIONS. (a) The commission by
199	199	rule shall require that a permit holder:
200	200	(1) notify the commission of any significant changes
201	201	in a condition that the commission evaluated as part of the permit
202	202	application process that occur after the permit was issued; and
203	203	(2) apply for a permit revision if the commission
204	204	determines a revision is appropriate.
205	205	(b) A permit revision application is subject to the same
206	206	requirements for issuance as an initial permit.
207	207	SUBCHAPTER D. ENFORCEMENT
208	208	Sec. 135.0151. CIVIL OR ADMINISTRATIVE ENFORCEMENT.
209	209	Subchapter H, Chapter 134, applies to the civil or administrative
210	210	enforcement of this chapter or a rule, order, or permit adopted or
211	211	issued under this chapter in the same manner as that subchapter
212	212	applies to the civil or administrative enforcement of that chapter
213	213	or a rule, order, or permit adopted or issued under that chapter.
214	214	Sec. 135.0152. CRIMINAL PENALTY FOR WILFUL AND KNOWING
215	215	VIOLATION. (a) A person commits an offense if the person wilfully
216	216	and knowingly violates a condition of a permit issued under this
217	217	chapter or does not comply with an order issued under this chapter,
218	218	except an order incorporated in a decision issued by the commission
219	219	under Section 134.175, as applicable under Section 135.0151.
220	220	(b) An offense under this section is punishable by:
221	221	(1) a fine of not more than $10,000;
222	222	(2) imprisonment for not more than one year; or
223	223	(3) both the fine and the imprisonment.
224	224	Sec. 135.0153. CRIMINAL PENALTY FOR FALSE STATEMENT,
225	225	REPRESENTATION, OR CERTIFICATION. (a) A person commits an offense
226	226	if the person knowingly makes a false statement, representation, or
227	227	certification, or knowingly fails to make a statement,
228	228	representation, or certification, in an application, record,
229	229	report, or other document filed or required to be maintained under
230	230	this chapter or under an order of decision issued by the commission
231	231	under this chapter.
232	232	(b) An offense under this section is punishable by:
233	233	(1) a fine of not more than $10,000;
234	234	(2) imprisonment for not more than one year; or
235	235	(3) both the fine and the imprisonment.
236	236	SECTION 6. (a) Notwithstanding Chapter 382, Health and
237	237	Safety Code, after the effective date of this Act, the Texas
238	238	Commission on Environmental Quality may not issue a permit under
239	239	Chapter 382, Health and Safety Code, for a facility that is or is
240	240	proposed to be part of an aggregate production operation required
241	241	to be registered under Section 28A.051, Water Code, until the
242	242	commission completes the assessment and, if applicable, adopts any
243	243	revisions or programs described by Subsection (b) of this section.
244	244	(b) Not later than October 1, 2020, the Texas Commission on
245	245	Environmental Quality shall conduct an assessment of the effects on
246	246	air quality created by the aggregate production industry in this
247	247	state to determine whether air quality models used by the
248	248	commission to evaluate emissions from the production of aggregates,
249	249	as defined by Section 28A.001, Water Code, are contravening the
250	250	intent of Chapter 382, Health and Safety Code. The commission
251	251	shall:
252	252	(1) revise the air quality models and, if necessary,
253	253	any relevant permit requirements if the commission determines from
254	254	the assessment that revisions are necessary to accomplish the
255	255	intent of Chapter 382, Health and Safety Code; and
256	256	(2) adopt a standard audit and air sampling program as
257	257	authorized under Section 382.069(b), Health and Safety Code, as
258	258	added by this Act, if the commission determines from the assessment
259	259	that such a program is necessary to accomplish the intent of Chapter
260	260	382, Health and Safety Code.
261	261	(c) The Texas Commission on Environmental Quality shall
262	262	submit to the legislature a report on the results of the assessment
263	263	required by Subsection (b) of this section.
264	264	SECTION 7. (a) Section 6(a) of this Act does not prohibit
265	265	the Texas Commission on Environmental Quality from granting an
266	266	application for a permit that is filed before the effective date of
267	267	this Act.
268	268	(b) Sections 382.0516(c) and 382.069(d), Health and Safety
269	269	Code, as added by this Act, and Sections 382.056(r) and 382.065,
270	270	Health and Safety Code, as amended by this Act, apply only to an
271	271	application for a permit that is filed with the Texas Commission on
272	272	Environmental Quality on or after the effective date of this Act. An
273	273	application for a permit filed before the effective date of this Act
274	274	is governed by the law in effect on the date of filing, and that law
275	275	is continued in effect for that purpose.
276	276	SECTION 8. This Act takes effect September 1, 2019.