Texas 2019 - 86th Regular

Texas House Bill HB509 Compare Versions

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

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1	1	86R2617 JXC-D
2	2	By: Wilson H.B. No. 509
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of aggregate production operations by
8	8	the Railroad Commission of Texas; authorizing a fee; providing
9	9	administrative penalties and other civil remedies; creating
10	10	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) "Aggregate production operation" means an
18	18	extraction operation at an aggregate production operation site
19	19	described by Section 28A.001(1), Water Code.
20	20	(2) "Commission" means the Railroad Commission of
21	21	Texas.
22	22	SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION
23	23	Sec. 135.0051. GENERAL AUTHORITY OF COMMISSION. To
24	24	accomplish the purposes of this chapter, the commission may:
25	25	(1) adopt, amend, and enforce rules pertaining to
26	26	aggregate production operations consistent with this chapter;
27	27	(2) issue permits under this chapter;
28	28	(3) conduct hearings under this chapter and Chapter
29	29	2001, Government Code;
30	30	(4) issue orders requiring a person to take actions
31	31	necessary to comply with this chapter or rules adopted under this
32	32	chapter;
33	33	(5) issue orders modifying previous orders;
34	34	(6) issue a final order revoking the permit of a person
35	35	who has not complied with a commission order to take action required
36	36	by this chapter or rules adopted under this chapter;
37	37	(7) hire employees, adopt standards for employment,
38	38	and hire or authorize the hiring of outside contractors to assist in
39	39	carrying out this chapter;
40	40	(8) accept, receive, and administer grants, gifts,
41	41	loans, or other money made available from any source for the
42	42	purposes of this chapter; and
43	43	(9) perform any other duty or act required by or
44	44	provided for in this chapter.
45	45	Sec. 135.0052. MONITORING, REPORTING, AND INSPECTIONS. (a)
46	46	The commission may:
47	47	(1) require monitoring and reporting;
48	48	(2) enter and inspect aggregate production
49	49	operations; and
50	50	(3) take other actions necessary to administer,
51	51	enforce, or evaluate the administration of this chapter.
52	52	(b) For purposes of this section, the commission or its
53	53	authorized representative:
54	54	(1) without advance notice and on presentation of
55	55	appropriate credentials, has the right to enter:
56	56	(A) an aggregate production operation; or
57	57	(B) premises on which records required to be
58	58	maintained are located; and
59	59	(2) at reasonable times and without delay, may have
60	60	access to and copy records required under this chapter or rules
61	61	adopted under this chapter or inspect any monitoring equipment or
62	62	method of operation required under this chapter or rules adopted
63	63	under this chapter.
64	64	Sec. 135.0053. COORDINATION BETWEEN AGENCIES. (a) To
65	65	avoid duplication, the commission shall establish a process for
66	66	coordinating the review and issuance of permits under this chapter
67	67	for aggregate production operations with the review and issuance of
68	68	any other federal or state authorizations required for the proposed
69	69	operations.
70	70	(b) In cooperation with the appropriate units of local
71	71	government and other state agencies, the commission shall
72	72	coordinate and streamline procedures under this chapter to the
73	73	extent possible.
74	74	(c) The commission may enter into a memorandum of
75	75	understanding with the Texas Commission on Environmental Quality,
76	76	the Texas Department of Transportation, or another state agency to
77	77	implement and administer this chapter or other state law applicable
78	78	to aggregate production operations.
79	79	SUBCHAPTER C. PERMIT
80	80	Sec. 135.0101. PERMIT REQUIRED. A person may not conduct an
81	81	aggregate production operation in this state without first
82	82	obtaining a permit for that operation from the commission under
83	83	this chapter.
84	84	Sec. 135.0102. CONTENTS OF PERMIT APPLICATION. A permit
85	85	application must be submitted in a manner satisfactory to the
86	86	commission and must contain:
87	87	(1) the name and address of:
88	88	(A) the applicant;
89	89	(B) each owner of record of the property from
90	90	which aggregates are to be produced;
91	91	(C) each holder of record of any leasehold
92	92	interest in the property;
93	93	(D) the purchaser of record of the property under
94	94	a real estate contract;
95	95	(E) the operator if the operator is not the
96	96	applicant;
97	97	(F) the principals, officers, and resident agent
98	98	of a person described by Paragraph (A), (B), (C), (D), or (E) if the
99	99	person is a business entity other than a sole proprietor; and
100	100	(G) the owners of record of the property
101	101	adjoining the permit area;
102	102	(2) additional information about ownership and
103	103	management of the applicant or operator if required by commission
104	104	rule;
105	105	(3) a copy of the notice required by Section 135.0106;
106	106	(4) a description of:
107	107	(A) the type and method of the existing or
108	108	proposed aggregate production operation;
109	109	(B) the engineering techniques proposed or in
110	110	use; and
111	111	(C) the equipment in use or proposed to be used;
112	112	(5) the anticipated or actual starting and termination
113	113	dates of each phase of the aggregate production operation and
114	114	number of acres of land to be affected;
115	115	(6) an accurate map or plan, to an appropriate scale,
116	116	clearly showing:
117	117	(A) the land to be affected as of the date of the
118	118	application; and
119	119	(B) the area of land in the permit area on which
120	120	the applicant has the right to enter and begin aggregate production
121	121	operations;
122	122	(7) the documents on which the applicant bases the
123	123	applicant's right to enter and begin aggregate production
124	124	operations on the affected area, including documentation of any
125	125	required permit, license, safety certificate, registration, or
126	126	other authorization issued by a federal agency, the Texas
127	127	Commission on Environmental Quality, another state agency, or a
128	128	political subdivision;
129	129	(8) a statement of whether the applicant's right to
130	130	enter and begin aggregate production operations on the affected
131	131	area is the subject of pending court litigation;
132	132	(9) a plan for constructing acceleration and
133	133	deceleration lanes for egress from and ingress to the aggregate
134	134	production operation to protect public safety;
135	135	(10) a description of the types of property
136	136	surrounding the permit area and potential impacts of the aggregate
137	137	production operation on any residents of the surrounding area;
138	138	(11) the distance of the permit area from the closest
139	139	residential area;
140	140	(12) a description of the potential impacts of the
141	141	aggregate production operation on the local economy near the permit
142	142	area; and
143	143	(13) other data and maps the commission requires by
144	144	rule.
145	145	Sec. 135.0103. ADDITIONAL PERMIT APPLICATION CONTENTS;
146	146	HYDROLOGY ASSESSMENT. (a) In addition to the content required
147	147	under Section 135.0102, a permit application must contain:
148	148	(1) the name of the watershed and location of the
149	149	surface streams or tributaries into which surface and pit drainage
150	150	will be discharged;
151	151	(2) a determination of the probable hydrologic
152	152	consequences of the aggregate production operation, if any, both on
153	153	and off the site, with respect to the hydrologic regime and the
154	154	quantity and quality of water in surface-water systems and
155	155	groundwater systems, including the dissolved and suspended solids
156	156	under seasonal flow conditions; and
157	157	(3) sufficient data on the site and surrounding area
158	158	for the commission to assess the probable cumulative impacts of all
159	159	anticipated aggregate production operations in the area on the
160	160	hydrology of the area, particularly on water availability.
161	161	(b) An applicant may submit the information and
162	162	determination required to be included with a permit application
163	163	under Subsection (a) separately from the other components of the
164	164	application if information on the hydrology of the area is not
165	165	available from the appropriate state agencies or political
166	166	subdivisions at the time the other components are submitted. A
167	167	permit may not be approved until the information and determination
168	168	required to be included with a permit application under Subsection
169	169	(a) have been submitted to the commission.
170	170	(c) After receiving a complete permit application, the
171	171	commission, in collaboration with the Texas Commission on
172	172	Environmental Quality and any political subdivisions with relevant
173	173	jurisdiction, shall:
174	174	(1) assess the applicant's hydrologic determination
175	175	made under Subsection (a)(2);
176	176	(2) assess the probable cumulative impact that all
177	177	anticipated aggregate production operations in the area will have
178	178	on the hydrologic balance, using the information provided by the
179	179	applicant under this section and any other information; and
180	180	(3) determine whether the operation proposed in the
181	181	application has been designed to prevent material damage to the
182	182	hydrologic balance outside the permit area.
183	183	Sec. 135.0104. APPLICATION FEES. (a) An application for an
184	184	aggregate production operation permit or for revision of a permit
185	185	must be accompanied by an application fee determined by the
186	186	commission in accordance with a published fee schedule. The
187	187	commission shall base the application fee as nearly as possible on
188	188	the actual or anticipated cost of reviewing the application.
189	189	(b) The application fee may not be less than:
190	190	(1) $5,000 for an initial permit; or
191	191	(2) $500 for revision of a permit.
192	192	Sec. 135.0105. PUBLIC INSPECTION OF APPLICATION. (a) An
193	193	applicant for an aggregate production operation permit shall file a
194	194	copy of the application for public inspection with the county clerk
195	195	of the county in which the production is proposed to occur.
196	196	(b) Copies of any records, reports, inspection materials,
197	197	or information obtained under this chapter by the commission shall
198	198	be made immediately available to the public at central and
199	199	sufficient locations in the area of aggregate production so that
200	200	they are conveniently available to residents in that area.
201	201	Sec. 135.0106. PUBLIC NOTICE BY APPLICANT. At the time the
202	202	applicant submits a complete application for an aggregate
203	203	production operation permit, the applicant shall publish an
204	204	advertisement in a newspaper of general circulation in the locality
205	205	of the proposed aggregate production operation at least once a week
206	206	for four consecutive weeks that:
207	207	(1) shows the ownership and describes the location and
208	208	boundaries of the proposed site sufficiently so that the proposed
209	209	operation can be readily located; and
210	210	(2) states that the application is available for
211	211	public inspection at the county courthouse of the county in which
212	212	the property lies.
213	213	Sec. 135.0107. NOTIFICATION OF POLITICAL SUBDIVISIONS. (a)
214	214	The commission shall send notice of a permit application to
215	215	planning agencies, sewage and water treatment authorities, special
216	216	districts with jurisdiction over water, municipalities, and any
217	217	other political subdivisions with relevant jurisdiction in the
218	218	locality of the proposed site.
219	219	(b) The notice must indicate the application number and the
220	220	county courthouse in which a copy of the application can be
221	221	inspected.
222	222	(c) To facilitate the commission's evaluation of the permit
223	223	application content required under Section 135.0102(7), the
224	224	commission shall include with the notice a request for the
225	225	recipient of the notice to provide to the commission in a timely
226	226	manner information on any authorizations or other documents that
227	227	the applicant is required to obtain from the recipient before
228	228	beginning the aggregate production operation.
229	229	Sec. 135.0108. COMMENTS ON LOCAL EFFECTS; OBJECTIONS. (a)
230	230	During a period established by the commission, a federal or state
231	231	agency, a political subdivision, or any other affected person may
232	232	submit to the commission written comments on the potential effects
233	233	of the proposed aggregate production operation on the environment
234	234	or economy of the locality of the operation.
235	235	(b) Not later than the 30th day after the date of the last
236	236	publication of notice under Section 135.0106, a federal or state
237	237	agency, a political subdivision, or any other affected person may
238	238	submit to the commission written objections to the proposed
239	239	aggregate production operation.
240	240	(c) The commission shall:
241	241	(1) immediately send the comments and objections to
242	242	the applicant; and
243	243	(2) make the comments and objections available to the
244	244	public at the same location as the aggregate production operation
245	245	permit application.
246	246	Sec. 135.0109. REQUEST FOR PUBLIC HEARING; NOTICE. (a) Not
247	247	later than the 45th day after the date of the last publication of
248	248	notice under Section 135.0106, the applicant or an affected person
249	249	may request a hearing on the application. The hearing shall be held
250	250	not later than the 30th day after the date the commission receives
251	251	the request.
252	252	(b) The commission shall publish notice of the date, time,
253	253	and location of the public hearing in a local newspaper of general
254	254	circulation in the locality of the proposed aggregate production
255	255	operation at least once a week for three consecutive weeks before
256	256	the scheduled hearing date.
257	257	Sec. 135.0110. PROCEDURE. Chapter 2001, Government Code,
258	258	applies to a permit application under this chapter. Notice of
259	259	hearing and appeal is governed by that chapter, except as provided
260	260	by Section 135.0109.
261	261	Sec. 135.0111. NOTICE OF APPROVAL OR DENIAL. (a) The
262	262	commission shall notify the applicant and each person who submitted
263	263	an objection under Section 135.0108 that the permit application has
264	264	been approved or denied:
265	265	(1) within the time provided by Chapter 2001,
266	266	Government Code, if a public hearing is held under Section
267	267	135.0109; or
268	268	(2) not later than the 45th day after the date of the
269	269	last publication of notice of application if a public hearing is not
270	270	held.
271	271	(b) The notice provided to the applicant under this section
272	272	must be written.
273	273	Sec. 135.0112. PERMIT APPROVAL OR DENIAL. (a) On the basis
274	274	of a complete application for an aggregate production operation
275	275	permit or a revision of a permit, as required by this chapter, the
276	276	commission shall approve, require modification of, or deny a permit
277	277	application.
278	278	(b) An applicant for a permit or a permit revision has the
279	279	burden of establishing that the application complies with this
280	280	chapter.
281	281	(c) Not later than the 10th day after the date the
282	282	commission issues a permit, the commission shall notify the county
283	283	judge in each county in which the land to be affected is located
284	284	that a permit has been issued and shall describe the location of the
285	285	land.
286	286	(d) The commission may deny a permit based on:
287	287	(1) a violation by the applicant of a provision of this
288	288	chapter or a commission rule adopted under this chapter;
289	289	(2) a finding by another state agency that the
290	290	applicant has violated a law or rule administered by that agency
291	291	related to the proposed aggregate production operation;
292	292	(3) the failure of the applicant to obtain an
293	293	authorization or document that the applicant is required to obtain
294	294	from a federal or state agency or a political subdivision before
295	295	beginning the aggregate production operation;
296	296	(4) a determination made under Section 135.0103(c)
297	297	that the operation has not been designed to prevent material damage
298	298	to the hydrologic balance outside the permit area;
299	299	(5) a comment or objection submitted under Section
300	300	135.0108; or
301	301	(6) testimony given in a public hearing held under
302	302	Section 135.0109.
303	303	Sec. 135.0113. WRITTEN FINDINGS REQUIRED. The commission
304	304	may not approve an application for a permit or a permit revision
305	305	unless it finds, in writing, using the information in the
306	306	application or information otherwise available that will be
307	307	documented in the approval and made available to the applicant,
308	308	that:
309	309	(1) the application is accurate and complete and
310	310	complies with this chapter; and
311	311	(2) the commission has determined under Section
312	312	135.0103(c) that the proposed operation has been designed to
313	313	prevent material damage to the hydrologic balance outside the
314	314	permit area.
315	315	Sec. 135.0114. PERMIT REVISIONS. (a) The commission by
316	316	rule shall require that a permit holder:
317	317	(1) notify the commission of any significant changes
318	318	in a condition that the commission evaluated as part of the permit
319	319	application process that occur after the permit was issued; and
320	320	(2) apply for a permit revision if the commission
321	321	determines a revision is appropriate.
322	322	(b) The rules must require that, except for incidental
323	323	boundary changes, a permit revision that involves extending the
324	324	aggregate production operation beyond the boundaries authorized in
325	325	the permit meet all standards applicable to a new permit
326	326	application under this chapter.
327	327	Sec. 135.0115. WAIVER FOR CERTAIN OPERATIONS. (a) Except
328	328	as provided by Subsection (b), the requirements of this chapter are
329	329	waived for an aggregate production operation that, on August 31,
330	330	2019:
331	331	(1) is registered with the Texas Commission on
332	332	Environmental Quality under Chapter 28A, Water Code; and
333	333	(2) has all permits, licenses, safety certificates,
334	334	registrations, or other authorizations required by law for the
335	335	operation of an aggregate production operation, including permits
336	336	issued by the Texas Commission on Environmental Quality under
337	337	Chapter 382, Health and Safety Code.
338	338	(b) The commission by rule shall require that a person
339	339	operating an aggregate production operation described by
340	340	Subsection (a):
341	341	(1) notify the commission of any significant changes
342	342	in a condition that would have been evaluated as part of a permit
343	343	application process if the operation had been required to obtain a
344	344	permit under this chapter; and
345	345	(2) obtain a permit under this chapter if the
346	346	commission determines that it is appropriate to require a permit.
347	347	(c) The commission, in consultation with the Texas
348	348	Commission on Environmental Quality, shall publish a list of
349	349	aggregate production operations that qualify for a waiver under
350	350	this section and update the publication as necessary to provide
351	351	information on permits issued under Subsection (b).
352	352	SUBCHAPTER D. ENFORCEMENT
353	353	Sec. 135.0151. CIVIL OR ADMINISTRATIVE ENFORCEMENT.
354	354	Subchapter H, Chapter 134, applies to the civil or administrative
355	355	enforcement of this chapter or a rule, order, or permit adopted or
356	356	issued under this chapter in the same manner as that subchapter
357	357	applies to the civil or administrative enforcement of that chapter
358	358	or a rule, order, or permit adopted or issued under that chapter.
359	359	Sec. 135.0152. CRIMINAL PENALTY FOR WILFUL AND KNOWING
360	360	VIOLATION. (a) A person commits an offense if the person wilfully
361	361	and knowingly violates a condition of a permit issued under this
362	362	chapter or does not comply with an order issued under this chapter,
363	363	except an order incorporated in a decision issued by the commission
364	364	under Section 134.175, as applicable under Section 135.0151.
365	365	(b) An offense under this section is punishable by:
366	366	(1) a fine of not more than $10,000;
367	367	(2) imprisonment for not more than one year; or
368	368	(3) both the fine and the imprisonment.
369	369	Sec. 135.0153. CRIMINAL PENALTY FOR FALSE STATEMENT,
370	370	REPRESENTATION, OR CERTIFICATION. (a) A person commits an offense
371	371	if the person knowingly makes a false statement, representation, or
372	372	certification, or knowingly fails to make a statement,
373	373	representation, or certification, in an application, record,
374	374	report, or other document filed or required to be maintained under
375	375	this chapter or under an order of decision issued by the commission
376	376	under this chapter.
377	377	(b) An offense under this section is punishable by:
378	378	(1) a fine of not more than $10,000;
379	379	(2) imprisonment for not more than one year; or
380	380	(3) both the fine and the imprisonment.
381	381	SECTION 2. This Act takes effect September 1, 2019.