Texas House Bill HB1093

Texas 2023 - 88th Regular

• Filed: 12/21/22

Caption

Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty.

Impact

The legislation will require operators of aggregate production sites to demonstrate financial responsibility for the costs associated with restoration and reclamation of their operational areas. Specifically, operators will be obligated to prepare and update their restoration plans regularly, ensuring that potential damage to nearby water bodies is mitigated. The bill also sets out penalties for non-compliance, thereby reinforcing the financial accountability of these operations against environmental degradation.

Summary

House Bill 1093 is focused on establishing planning and financial responsibility requirements for certain aggregate production operations near the San Jacinto River in Texas. The bill aims to ensure that aggregate production operations have comprehensive restoration and reclamation plans in place to address the environmental impact of unauthorized discharges. This includes the submission of plans that detail how operations will restore affected water bodies and manage the land following aggregate extraction to minimize ecological disruptions.

Sentiment

The sentiment surrounding HB 1093 appears to be cautiously optimistic among environmental advocates, who view it as a step forward in establishing stricter regulations for aggregate production. Proponents argue that it encourages sustainable practices and protects waterways from contamination resulting from industrial activity. However, there are concerns from industry stakeholders about the financial burden that stricter compliance may impose, which they argue could impact operational viability and economic growth in the sector.

Contention

Notable points of contention include the specific distance regulation of 1,500 feet from the San Jacinto River, which some industry representatives believe could limit operational areas significantly. Additionally, the requirement for financial assurance and administrative penalties for non-compliance may face pushback, as businesses could find it challenging to meet the financial implications of these regulations. The debate continues to center around balancing environmental protection with economic interests in the aggregate production industry.

Texas Constitutional Statutes Affected

Water Code

• Chapter 28. Water Wells And Drilled Or Mined Shafts
  • Section: New Section