Texas 2019 - 86th Regular

Texas Senate Bill SB694 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Campbell, Buckingham S.B. No. 694
2		-	Powell
	2	+	(In the Senate - Filed February 7, 2019; March 1, 2019, read
	3	+	first time and referred to Committee on Natural Resources &
	4	+	Economic Development; May 6, 2019, reported adversely, with
	5	+	favorable Committee Substitute by the following vote: Yeas 11,
	6	+	Nays 0; May 6, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 694 By: Hancock
3	9
4	10
5	11		A BILL TO BE ENTITLED
6	12		AN ACT
7	13		relating to the regulation of aggregate production operations by
8	14		the Texas Commission on Environmental Quality; increasing a fee;
9	15		increasing administrative penalties.
10	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	17		SECTION 1. Section 28A.053, Water Code, is amended to read
12	18		as follows:
13	19		Sec. 28A.053. INSPECTION. (a) The commission shall
14	20		inspect each active aggregate production operation in this state
15	21		for compliance with applicable environmental laws and rules under
16	22		the jurisdiction of the commission:
17	23		(1) at least once every two [three] years during the
18	24		first six years in which the operation is registered; and
19	25		(2) after the expiration of the period described by
20	26		Subdivision (1), at least once every three years.
21	27		(b) Except as provided by Subsection (c), the [The]
22	28		commission may conduct an inspection only after providing notice to
23	29		the responsible party in accordance with commission policy.
24	30		(c) The commission may conduct unannounced periodic
25	31		inspections under this section of an aggregate production operation
26	32		that in the preceding three-year period has been issued a notice of
27	33		violation by the commission for a violation of an environmental law
28	34		or rule under the jurisdiction of the commission. The unannounced
29	35		inspections may be conducted only for a period of not more than one
30	36		year.
31	37		(d) An [Except as provided by Subsection (d), an] inspection
32	38		must be conducted by one or more inspectors trained in the
33	39		regulatory requirements [under the jurisdiction of the commission
34	40		that are] applicable to [an] active aggregate production operations
35	41		under the jurisdiction of the commission [operation]. If the
36	42		inspection is conducted by more than one inspector, each inspector
37	43		is not required to be trained in each of the applicable regulatory
38	44		requirements, but the combined training of the inspectors must
39	45		include each of the applicable regulatory requirements. The
40	46		applicable regulatory requirements include requirements related
41	47		to:
42	48		(1) individual water quality permits issued under
43	49		Section 26.027;
44	50		(2) a general water quality permit issued under
45	51		Section 26.040;
46	52		(3) air quality permits issued under Section 382.051,
47	53		Health and Safety Code; and
48	54		(4) other regulatory requirements applicable to
49	55		active aggregate production operations under the jurisdiction of
50	56		the commission.
51	57		(e) [(d)] An investigation in response to a complaint
52	58		satisfies the requirement of an inspection under this section if a
53	59		potential noncompliance issue not related to the complaint is
54	60		observed and is:
55	61		(1) not within an area of expertise of the
56	62		investigator but is referred by the investigator to the commission
57	63		for further investigation; or
58	64		(2) within an area of expertise of the inspector and is
59	65		appropriately investigated and appropriately addressed in the
60	66		investigation report.
61	67		SECTION 2. Section 28A.101(b), Water Code, is amended to
62	68		read as follows:
63	69		(b) The commission shall set the annual registration fee in
64	70		an amount sufficient to maintain a registry of active aggregate
65	71		production operations in this state and implement this chapter, not
66	72		to exceed $1,500 [$1,000].
67	73		SECTION 3. Section 28A.102, Water Code, is amended to read
68	74		as follows:
69	75		Sec. 28A.102. PENALTY. The commission may assess a penalty
70	76		of not less than $5,000 and not more than $20,000 [$10,000] for each
71	77		year in which an aggregate production operation operates without
72	78		being registered under this chapter. The total penalty under this
73	79		section may not exceed $40,000 [$25,000] for an aggregate
74	80		production operation that is operated in three or more years
75	81		without being registered.
76	82		SECTION 4. Section 28A.102, Water Code, as amended by this
77	83		Act, applies only to a penalty assessed on or after the effective
78	84		date of this Act. A penalty assessed before the effective date of
79	85		this Act is governed by the law in effect on the date the penalty was
80	86		assessed, and the former law is continued in effect for that
81	87		purpose.
82	88		SECTION 5. This Act takes effect September 1, 2019.
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