Texas 2025 - 89th Regular

Texas House Bill HB1163 Compare Versions

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

Old	New	Differences
1	1	89R3755 JAM-F
2	2	By: Cunningham H.B. No. 1163
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to planning and financial responsibility requirements for
10	10	certain aggregate production operations; providing for the
11	11	imposition of an administrative penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The heading to Chapter 28A, Water Code, is
14	14	amended to read as follows:
15	15	CHAPTER 28A. [CERTAIN] AGGREGATE PRODUCTION OPERATIONS
16	16	SECTION 2. Chapter 28A, Water Code, is amended by adding
17	17	Subchapter E to read as follows:
18	18	SUBCHAPTER E. PLANNING AND FINANCIAL RESPONSIBILITY
19	19	Sec. 28A.201. DEFINITION. In this subchapter, "water body"
20	20	means a navigable watercourse, river, stream, or lake.
21	21	Sec. 28A.202. APPLICABILITY. This subchapter applies only
22	22	to an aggregate production operation at a site any part of which is
23	23	located not more than 1,500 feet from the San Jacinto River or a
24	24	tributary of that river.
25	25	Sec. 28A.203. RESTORATION PLAN. (a) In this section,
26	26	"restore" means to change the physical, chemical, or biological
27	27	qualities of a receiving water body in order to return the water
28	28	body to its background condition, including on- and off-site
29	29	stabilization to reduce or eliminate an unauthorized discharge or a
30	30	substantial threat of an unauthorized discharge.
31	31	(b) The initial application the responsible party files to
32	32	register an aggregate production operation must include the
33	33	responsible party's proposed plan to restore a receiving water body
34	34	affected by an unauthorized discharge from the operation. The
35	35	responsible party shall update the plan as necessary with each
36	36	operation registration renewal.
37	37	(c) The restoration plan must:
38	38	(1) identify receiving water bodies at risk of an
39	39	unauthorized discharge from the aggregate production operation;
40	40	(2) describe the process to be used in documenting the
41	41	existing physical, chemical, and biological background conditions
42	42	of each adjacent receiving water body;
43	43	(3) provide a schedule for completing the background
44	44	conditions documentation of each receiving water body and for
45	45	future updating of background conditions, as appropriate;
46	46	(4) identify the goals and objectives of potential
47	47	restoration actions;
48	48	(5) provide a reasonable range of restoration
49	49	alternatives and the preferred restoration alternative that may be
50	50	implemented to return affected receiving water bodies to background
51	51	conditions in the event of an unauthorized discharge;
52	52	(6) describe the process for monitoring the
53	53	effectiveness of the preferred restoration action, including
54	54	performance criteria, that will be used to determine the success of
55	55	the restoration or need for interim site stabilization;
56	56	(7) identify a process for public involvement in the
57	57	selection of the restoration alternative to be implemented to
58	58	restore the receiving water bodies to background conditions; and
59	59	(8) provide a detailed estimate of the maximum
60	60	probable cost of completing a restoration action, given the size,
61	61	location, and description of the operation and the nature of the
62	62	receiving water bodies, based on the cost of conducting the action
63	63	by a third party without a financial interest or ownership in the
64	64	operation.
65	65	(d) The responsible party must submit to the commission
66	66	certification of the restoration plan, within the appropriate area
67	67	or discipline, issued by a licensed engineer or licensed
68	68	geoscientist. Components of the restoration plan may be
69	69	independently certified, as appropriate.
70	70	Sec. 28A.204. RECLAMATION PLAN. (a) In this section,
71	71	"reclaim" means to use land treatment processes designed to
72	72	minimize degradation of water quality, damage to fish or wildlife
73	73	habitat, erosion, and other adverse effects from aggregate
74	74	production operations and includes backfilling, soil stabilization
75	75	and compacting, grading, erosion control measures, appropriate
76	76	revegetation, or other measures, as appropriate.
77	77	(b) The initial application the responsible party files to
78	78	register an aggregate production operation must include the
79	79	responsible party's proposed plan to reclaim the area disturbed by
80	80	the operation. The responsible party shall update the plan as
81	81	necessary with each operation registration renewal.
82	82	(c) The reclamation plan must:
83	83	(1) provide a description of the proposed use of the
84	84	disturbed area following reclamation;
85	85	(2) develop site-specific reclamation standards
86	86	appropriate to the proposed use that address:
87	87	(A) removal or final stabilization of all raw
88	88	material, intermediate material, final product, waste product,
89	89	byproduct, and ancillary material;
90	90	(B) removal of waste or closure of all waste
91	91	disposal areas;
92	92	(C) removal of structures, where appropriate;
93	93	(D) removal and reclamation of all temporary
94	94	roads and railroads;
95	95	(E) backfilling, regrading, and recontouring;
96	96	(F) slope stability for remaining highwalls and
97	97	detention ponds;
98	98	(G) revegetation of the reclaimed area, giving
99	99	consideration to species diversity and the use of native species;
100	100	(H) establishment of wildlife habitat;
101	101	(I) establishment of drainage patterns;
102	102	(J) establishment of permanent control
103	103	structures, such as retention ponds, where necessary to address
104	104	erosion, siltation, and runoff from post-aggregate production and
105	105	reclaimed areas; and
106	106	(K) removal of all equipment; and
107	107	(3) provide a description of the manner in which the
108	108	reclamation will be conducted, such as in phases, and a time for
109	109	completion of reclamation activities.
110	110	(d) The reclamation plan must include a detailed estimate of
111	111	the maximum probable cost required to complete and implement the
112	112	plan, including inflation costs. The maximum probable cost must be
113	113	based on the cost of conducting the reclamation by a third party
114	114	without a financial interest or ownership in the aggregate
115	115	production operation.
116	116	(e) The responsible party must submit to the commission
117	117	certification of the reclamation plan, within the appropriate area
118	118	or discipline, issued by a licensed engineer or licensed
119	119	geoscientist. Components of the reclamation plan may be
120	120	independently certified, as appropriate.
121	121	Sec. 28A.205. FINANCIAL RESPONSIBILITY. (a) Until the
122	122	commission determines that the responsible party for an aggregate
123	123	production operation has successfully complied with all
124	124	restoration and reclamation requirements of this subchapter and the
125	125	restoration and reclamation plans, the commission by rule shall
126	126	require the responsible party to establish and maintain evidence of
127	127	financial responsibility for:
128	128	(1) restoration of a water body affected by an
129	129	unauthorized discharge from the operation; and
130	130	(2) reclamation of the area disturbed by the
131	131	operation.
132	132	(b) The amount of financial assurance must be at least the
133	133	amount the executive director of the commission determines is
134	134	sufficient to meet the requirements of the:
135	135	(1) restoration plan filed for the aggregate
136	136	production operation under Section 28A.203; and
137	137	(2) reclamation plan filed for the aggregate
138	138	production operation under Section 28A.204.
139	139	Sec. 28A.206. ADMINISTRATIVE PENALTY. The commission may
140	140	assess an administrative penalty in an amount of not less than
141	141	$25,000 and not more than $40,000 for each year in which an
142	142	aggregate production operation operates without maintaining the
143	143	evidence of financial responsibility required by Section 28A.205.
144	144	The total amount of the penalty assessed under this section may not
145	145	exceed $80,000 for an aggregate production operation that is
146	146	operated in three or more years without maintaining the evidence of
147	147	financial responsibility.
148	148	Sec. 28A.207. RECOVERY OF COSTS FOR UNAUTHORIZED
149	149	DISCHARGES. If the commission incurs any costs in undertaking a
150	150	corrective or enforcement action with respect to an unauthorized
151	151	discharge from an aggregate production operation to which this
152	152	subchapter applies, including a reclamation or restoration action,
153	153	the responsible party is liable to this state for all reasonable
154	154	costs of the corrective or enforcement action, including court
155	155	costs and reasonable attorney's fees, and for any punitive damages
156	156	that may be assessed by the court.
157	157	Sec. 28A.208. AGGREGATE PRODUCTION OPERATION RECLAMATION
158	158	AND RESTORATION FUND ACCOUNT. (a) Penalties and other money the
159	159	commission receives as a result of an enforcement action taken
160	160	under this subchapter, and any gift or grant the commission
161	161	receives for the purposes of this subchapter, shall be deposited in
162	162	the aggregate production operation reclamation and restoration
163	163	fund account in the general revenue fund. Money in the account may
164	164	be appropriated only to the commission for the reclamation and
165	165	restoration of the beds, bottoms, and banks of water bodies
166	166	affected by the unauthorized discharges subject to this subchapter.
167	167	(b) At least 60 days before spending money from the
168	168	reclamation and restoration fund account, the commission shall
169	169	publish notice of its proposed plan and conduct a hearing for the
170	170	purpose of soliciting oral or written public comment. The
171	171	commission shall fully consider all oral and written submissions on
172	172	the proposed plan.
173	173	(c) At least 30 days before the date of the public hearing,
174	174	the notice must be published in the Texas Register and in a
175	175	newspaper of general circulation in the county where the violation
176	176	resulting in the payment of the penalties or other money occurred.
177	177	(d) Interest and other income earned on money in the account
178	178	shall be credited to the account. The account is exempt from the
179	179	application of Section 403.095, Government Code.
180	180	SECTION 3. (a) This section applies only to an aggregate
181	181	production operation, as defined by Section 28A.001, Water Code,
182	182	that is registered under Chapter 28A, Water Code, before the
183	183	effective date of this Act.
184	184	(b) The responsible party for an aggregate production
185	185	operation to which Subchapter E, Chapter 28A, Water Code, as added
186	186	by this Act, applies shall:
187	187	(1) file the restoration and reclamation plans
188	188	required by that subchapter with the Texas Commission on
189	189	Environmental Quality not later than the 180th day after the
190	190	effective date of this Act; and
191	191	(2) establish the evidence of financial
192	192	responsibility required by that subchapter not later than the date
193	193	of the first operation registration renewal that occurs after the
194	194	effective date of this Act.
195	195	SECTION 4. This Act takes effect September 1, 2025.