BILL ANALYSIS S.B. 1746 By: Creighton Transportation Committee Report (Unamended) BACKGROUND AND PURPOSE Under current law, navigation districts conduct dredging projects to maintain waterway access, but the bill sponsor has informed the committee that there has been ambiguity regarding who bears the cost of relocating or disposing of dredged materials. S.B. 1746 seeks to ensure smoother execution of dredging projects critical to waterway infrastructure and economic development by clarifying the financial responsibility of a navigation district that requires the relocation or removal of dredged spoils or materials from a dredged material placement area owned, operated, managed, or established by another district. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS S.B. 1746 amends the Water Code to require a navigation district that, in an exercise of its powers under provisions relating to improvement of port facilities, its power of eminent domain, or its police power, requires the relocation or removal of dredged spoils or materials from a dredged material placement area owned, operated, managed, or established by another district to do the following: comply with all requirements imposed by the United States Army Corps of Engineers related to the dredged material placement area; and either: o pay at the district's sole expense the cost of relocating or removing dredged spoils or materials; or o relocate or remove the dredged spoils or materials. The bill defines "dredged material placement area" as a federally authorized disposal site for dredged spoils or materials and defines "sole expense" as the actual cost of or an in-kind contribution for the relocation or removal after deducting the net salvage value derived from the dredged spoils or materials. S.B. 1746 obligates the district that required the relocation or removal to do the following if the relocation or removal results in the reduction of another district's rights to capacity in the dredged material placement area: replace the affected district's lost capacity and provide rights to the replaced lost capacity in an alternative dredged material placement area; and pay the affected district's increased costs, if any, to transport the dredged spoils or materials associated with the lost capacity to the alternative dredged material placement area. EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
BILL ANALYSIS
# BILL ANALYSIS
S.B. 1746
By: Creighton
Transportation
Committee Report (Unamended)
S.B. 1746
By: Creighton
Transportation
Committee Report (Unamended)
BACKGROUND AND PURPOSE Under current law, navigation districts conduct dredging projects to maintain waterway access, but the bill sponsor has informed the committee that there has been ambiguity regarding who bears the cost of relocating or disposing of dredged materials. S.B. 1746 seeks to ensure smoother execution of dredging projects critical to waterway infrastructure and economic development by clarifying the financial responsibility of a navigation district that requires the relocation or removal of dredged spoils or materials from a dredged material placement area owned, operated, managed, or established by another district.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS S.B. 1746 amends the Water Code to require a navigation district that, in an exercise of its powers under provisions relating to improvement of port facilities, its power of eminent domain, or its police power, requires the relocation or removal of dredged spoils or materials from a dredged material placement area owned, operated, managed, or established by another district to do the following: comply with all requirements imposed by the United States Army Corps of Engineers related to the dredged material placement area; and either: o pay at the district's sole expense the cost of relocating or removing dredged spoils or materials; or o relocate or remove the dredged spoils or materials. The bill defines "dredged material placement area" as a federally authorized disposal site for dredged spoils or materials and defines "sole expense" as the actual cost of or an in-kind contribution for the relocation or removal after deducting the net salvage value derived from the dredged spoils or materials. S.B. 1746 obligates the district that required the relocation or removal to do the following if the relocation or removal results in the reduction of another district's rights to capacity in the dredged material placement area: replace the affected district's lost capacity and provide rights to the replaced lost capacity in an alternative dredged material placement area; and pay the affected district's increased costs, if any, to transport the dredged spoils or materials associated with the lost capacity to the alternative dredged material placement area.
EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
BACKGROUND AND PURPOSE
Under current law, navigation districts conduct dredging projects to maintain waterway access, but the bill sponsor has informed the committee that there has been ambiguity regarding who bears the cost of relocating or disposing of dredged materials. S.B. 1746 seeks to ensure smoother execution of dredging projects critical to waterway infrastructure and economic development by clarifying the financial responsibility of a navigation district that requires the relocation or removal of dredged spoils or materials from a dredged material placement area owned, operated, managed, or established by another district.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
S.B. 1746 amends the Water Code to require a navigation district that, in an exercise of its powers under provisions relating to improvement of port facilities, its power of eminent domain, or its police power, requires the relocation or removal of dredged spoils or materials from a dredged material placement area owned, operated, managed, or established by another district to do the following:
comply with all requirements imposed by the United States Army Corps of Engineers related to the dredged material placement area; and
either:
o pay at the district's sole expense the cost of relocating or removing dredged spoils or materials; or
o relocate or remove the dredged spoils or materials.
The bill defines "dredged material placement area" as a federally authorized disposal site for dredged spoils or materials and defines "sole expense" as the actual cost of or an in-kind contribution for the relocation or removal after deducting the net salvage value derived from the dredged spoils or materials.
S.B. 1746 obligates the district that required the relocation or removal to do the following if the relocation or removal results in the reduction of another district's rights to capacity in the dredged material placement area:
replace the affected district's lost capacity and provide rights to the replaced lost capacity in an alternative dredged material placement area; and
pay the affected district's increased costs, if any, to transport the dredged spoils or materials associated with the lost capacity to the alternative dredged material placement area.
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2025.