Texas 2019 - 86th Regular

Texas Senate Bill SB1696 Compare Versions

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

Old	New	Differences
1	1	86R13993 SLB-D
2	2	By: Campbell S.B. No. 1696
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;
8	8	requiring a permit; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter B, Chapter 28A, Water
11	11	Code, is amended to read as follows:
12	12	SUBCHAPTER B. PERMIT [REGISTRATION] AND INSPECTION
13	13	SECTION 2. Subchapter B, Chapter 28A, Water Code, is
14	14	amended by adding Sections 28A.0525, 28A.0526, and 28A.0527 to read
15	15	as follows:
16	16	Sec. 28A.0525. PERMIT REQUIRED. (a) A person may not begin
17	17	or conduct extraction activities at an aggregate production
18	18	operation unless the responsible party has obtained a standard
19	19	permit for the aggregate production operation from the commission
20	20	under this section.
21	21	(b) The commission by rule shall:
22	22	(1) adopt a standard permit for aggregate production
23	23	operations;
24	24	(2) prescribe an application for a standard permit
25	25	under this section; and
26	26	(3) provide for the issuance of a standard permit
27	27	under this section.
28	28	(c) A permit does not become a vested right in the permit
29	29	holder.
30	30	(d) A permit may be issued under this section for a term set
31	31	by the board not to exceed six years from the date of issuance.
32	32	(e) The commission may charge fees for the issuance of
33	33	permits under this section in an amount sufficient to recover the
34	34	costs of administering this chapter.
35	35	Sec. 28A.0526. NOTICE AND HEARING. (a) Except as provided
36	36	by Subsection (b), the notice and hearing provisions of Subchapter
37	37	M, Chapter 5, Water Code, apply to an application under this section
38	38	for a permit or a permit renewal.
39	39	(b) A public hearing on an application for a permit or
40	40	permit renewal issued under this section must be held in the
41	41	municipality located closest to the proposed or existing aggregate
42	42	production operation.
43	43	Sec. 28A.0527. CERTAIN LOCATIONS RESTRICTED. (a) This
44	44	section applies only to an aggregate production operation located:
45	45	(1) in the Guadalupe River watershed according to the
46	46	National Hydrography Dataset and the Watershed Boundary Dataset;
47	47	and
48	48	(2) west of the Canyon Lake Dam.
49	49	(b) An aggregate production operation may not operate
50	50	within 1500 feet of a navigable waterway.
51	51	(c) An application for a permit to operate an aggregate
52	52	production operation must include:
53	53	(1) information satisfying criteria determined by the
54	54	commission regarding:
55	55	(A) slope gradients sufficient to minimize the
56	56	potential for erosion and water quality degradation;
57	57	(B) the potential for significant damage to
58	58	important historical and cultural values or ecological systems;
59	59	(C) the effect on:
60	60	(i) natural resources, including aquifers
61	61	and aquifer recharge zones;
62	62	(ii) agricultural activity; and
63	63	(iii) areas subject to frequent flooding or
64	64	geological events; and
65	65	(D) concerns relevant to the substantial
66	66	endangerment of life or property;
67	67	(2) a plan for the:
68	68	(A) control of water drainage and accumulation
69	69	that prevents erosion and damage to fish or wildlife habitat; and
70	70	(B) reclamation and revegetation of the quarried
71	71	land consistent with best management practices adopted by the
72	72	commission; and
73	73	(3) evidence of sufficient financial assurance to
74	74	cover the remediation of potential negative effects on the
75	75	Guadalupe River and surrounding areas, as determined by commission
76	76	rule.
77	77	SECTION 3. Section 28A.053(a), Water Code, is amended to
78	78	read as follows:
79	79	(a) The commission shall inspect each active permitted
80	80	aggregate production operation in this state for compliance with
81	81	applicable permit conditions and environmental laws and rules under
82	82	the jurisdiction of the commission at least once every three years.
83	83	SECTION 4. The heading to Subchapter C, Chapter 28A, Water
84	84	Code, is amended to read as follows:
85	85	SUBCHAPTER C. [FEES AND] ENFORCEMENT
86	86	SECTION 5. Section 28A.102, Water Code, is amended to read
87	87	as follows:
88	88	Sec. 28A.102. PENALTY. The commission may assess a penalty
89	89	of not less than $5,000 and not more than $10,000 for each year in
90	90	which an aggregate production operation operates without a permit
91	91	issued [being registered] under this chapter. The total penalty
92	92	under this section may not exceed $25,000 for an aggregate
93	93	production operation that is operated in three or more years
94	94	without a permit [being registered].
95	95	SECTION 6. The following provisions of the Water Code are
96	96	repealed:
97	97	(1) Section 28A.051;
98	98	(2) Section 28A.052;
99	99	(3) Section 28A.054; and
100	100	(4) Section 28A.101.
101	101	SECTION 7. (a) Not later than March 1, 2020, the Texas
102	102	Commission on Environmental Quality shall adopt rules to implement
103	103	the changes in law made by this Act to Chapter 28A, Water Code.
104	104	(b) Notwithstanding Section 28A.0525, Water Code, as added
105	105	by this Act, a person beginning extraction activities at an
106	106	aggregate production operation on or after the effective date of
107	107	this Act is not required to hold a permit required by that section
108	108	for the extraction activities until September 1, 2020.
109	109	SECTION 8. The changes in law made by this Act apply only to
110	110	an aggregate production operation at which extraction activities
111	111	begin on or after the effective date of this Act. An aggregate
112	112	production operation at which extraction activities began before
113	113	the effective date of this Act is governed by the law in effect
114	114	immediately before the effective date of this Act, and the former
115	115	law is continued in effect for that purpose.
116	116	SECTION 9. This Act takes effect September 1, 2019.