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.