Texas 2025 - 89th Regular

Texas Senate Bill SB1757 Compare Versions

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	1	+	89R6357 CMO-F
1	2		By: Birdwell, Johnson S.B. No. 1757
2		-	(In the Senate - Filed February 28, 2025; March 13, 2025,
3		-	read first time and referred to Committee on Natural Resources;
4		-	April 14, 2025, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 7, Nays 2; April 14, 2025,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1757 By: Birdwell
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12	6
13	7		A BILL TO BE ENTITLED
14	8		AN ACT
15	9		relating to the operation of rock crushing facilities.
16	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	11		SECTION 1. Section 382.05101, Health and Safety Code, is
18	12		amended to read as follows:
19	13		Sec. 382.05101. DE MINIMIS AIR CONTAMINANTS. The
20	14		commission may develop by rule the criteria to establish a de
21	15		minimis level of air contaminants for facilities or groups of
22	16		facilities below which the following types of permits are not
23	17		required:
24	18		(1) a permit under Section 382.0518 or 382.0519;
25	19		(2) a standard permit under Section 382.05195,
26	20		382.05198, [or] 382.051985, or 382.0651; or
27	21		(3) a permit by rule under Section 382.05196.
28	22		SECTION 2. Section 382.0511(c), Health and Safety Code, is
29	23		amended to read as follows:
30	24		(c) The commission may authorize changes in a federal source
31	25		to proceed before the owner or operator obtains a federal operating
32	26		permit or revisions to a federal operating permit if:
33	27		(1) the changes are de minimis under Section
34	28		382.05101; or
35	29		(2) the owner or operator:
36	30		(A) has obtained a preconstruction permit or
37	31		permit amendment required by Section 382.0518; or
38	32		(B) is operating under:
39	33		(i) a standard permit under Section
40	34		382.05195, 382.05198, [or] 382.051985, or 382.0651;
41	35		(ii) a permit by rule under Section
42	36		382.05196; or
43	37		(iii) an exemption allowed under Section
44	38		382.057.
45	39		SECTION 3. Subchapter C, Chapter 382, Health and Safety
46		-	Code, is amended by adding Sections 382.0651 ~~and~~ 382.0652 ~~to read as~~
47		-	follows:
	40	+	Code, is amended by adding Sections 382.0651, 382.0652, and
	41	+	382.0653 to read as follows:
48	42		Sec. 382.0651. STANDARD PERMIT FOR CERTAIN ROCK CRUSHING
49	43		FACILITIES. (a) The commission shall issue a standard permit for a
50	44		rock crushing facility that:
51	45		(1) is located at an aggregate production operation
52	46		required to be registered under Section 28A.051, Water Code;
53	47		(2) processes not more than 1,500 tons of rock per
54	48		hour; and
55	49		(3) meets the requirements of this section.
56	50		(b) The standard permit issued under this section must
57	51		require that an owner or operator of a facility authorized to use
58	52		the permit, in addition to any other applicable requirements of
59	53		this chapter:
60	54		(1) install and operate for the first 12 consecutive
61	55		months of operation under the standard permit equipment to monitor:
62		-	(A) water quality in sedimentation ponds at the
63		-	aggregate production operation for the presence of contaminants
64		-	regulated by the commission's multi-sector general permit for
65		-	mineral mining and processing facilities issued under Chapter 26,
66		-	Water Code;
	56	+	(A) water quality in mining pits and
	57	+	sedimentation ponds at the aggregate production operation for the
	58	+	presence of contaminants related to aggregate extraction;
67	59		(B) the seismicity of extraction activities,
68	60		including blasting along active extraction areas; and
69	61		(C) emissions of air contaminants, if the
70	62		facility is located within 440 yards of two or more other aggregate
71	63		production operations;
72	64		(2) maintain records of monitoring data from the
73		-	monitoring equipment required by Subdivision (1) until the ~~first~~
	65	+	monitoring equipment required by Subdivision (1) until the second
74	66		anniversary of the date on which the data was collected;
75	67		(3) establish a plan for providing notice of
76		-	emergencies to owners and tenants of adjacent real property;
	68	+	emergencies to:
	69	+	(A) owners and tenants of adjacent real property
	70	+	and the property owners' association of each adjacent residential
	71	+	subdivision, as applicable; and
	72	+	(B) each member of the board of trustees of a
	73	+	school district that serves the geographic area in which the
	74	+	facility is located;
77	75		(4) implement best management practices for:
78		-	(A) conserving water; ~~and~~
	76	+	(A) conserving water;
79	77		(B) minimizing visible dust from active
80		-	extraction areas at the aggregate production operation; and
81		-	(5) except as provided by Subsection (d), submit to
82		-	the commission a post-extraction land use plan that includes, if
83		-	applicable:
	78	+	extraction areas at the aggregate production operation, including
	79	+	those areas not immediately revegetated;
	80	+	(C) removing, selling, or otherwise disposing of
	81	+	noncommercial material and old and unused extraction equipment
	82	+	located at the facility site; and
	83	+	(D) cleaning and mowing of on-site equipment
	84	+	yards; and
	85	+	(5) submit to the commission, and implement, a
	86	+	post-extraction land use plan that includes:
84	87		(A) provisions for permanent removal of
85	88		extraction equipment;
86	89		(B) provisions for revegetation, including the
87	90		use of appropriate local vegetation types that are adequate for
88	91		post-extraction uses of land, as determined by the owner or
89	92		operator;
90		-	(C) proposed land reuse options, such as
	93	+	(C) slope and grading standards to allow for
	94	+	traversing of livestock;
	95	+	(D) proposed land reuse options, such as
91	96		agricultural, natural, open space, or redevelopment uses or the
92	97		creation of a pond or lake; and
93		-	(D) if the extraction area contains a pit that is
	98	+	(E) if the extraction area contains a pit that is
94	99		deeper than 10 feet, provisions for benching at 10-foot intervals
95	100		or as consistent with the geology of the pit and face wall.
96	101		(c) The commission by rule shall adopt best management
97	102		practices for the purposes of Subsection (b)(4).
98		-	(d) If the land on which the facility to be permitted is
	103	+	(d) The commission may provide an exception from a provision
	104	+	of a post-extraction land use plan for the owner or operator of the
	105	+	facility implementing the plan under Subsection (b)(5) for good
	106	+	cause.
	107	+	(e) If the land on which the facility to be permitted is
99	108		located is owned by a person other than the owner or operator of the
100	109		facility, the owner or operator of the facility may submit to the
101		-	commission an agreement made between the landowner and the facility
102		-	owner or operator for post-extraction land uses instead of the
103		-	post-extraction land use plan required under Subsection (b)(5).
104		-	(e) The commission shall inspect a facility for compliance
	110	+	commission, and implement, an agreement made between the landowner
	111	+	and the facility owner or operator for post-extraction land uses
	112	+	instead of the post-extraction land use plan required under
	113	+	Subsection (b)(5).
	114	+	(f) The commission shall inspect a facility for compliance
105	115		with this section during regular inspections under this chapter and
106	116		Chapter 28A, Water Code.
107	117		Sec. 382.0652. STANDARD PERMIT FOR CERTAIN ROCK CRUSHING
108		-	FACILITIES: NOTICE AND ~~MEETING~~. (a) A person may not begin
	118	+	FACILITIES: NOTICE AND HEARING. (a) A person may not begin
109	119		construction of a new or modification of an existing rock crushing
110	120		facility under a standard permit issued under Section 382.0651
111	121		unless the commission authorizes the person to use the permit as
112		-	provided by this section. The notice and ~~meeting~~ requirements of
	122	+	provided by this section. The notice and hearing requirements of
113	123		this section apply only to an application for authorization to use a
114		-	standard permit issued under Section 382.0651.
	124	+	standard permit issued under Section 382.0651. An applicant for a
	125	+	permit for a rock crushing facility that does not meet the
	126	+	requirements of a standard permit issued under Section 382.0651
	127	+	must comply with:
	128	+	(1) Section 382.058 to obtain authorization to use a
	129	+	standard permit issued under Section 382.05195 or a permit by rule
	130	+	adopted under Section 382.05196; or
	131	+	(2) Section 382.056 to obtain a permit issued under
	132	+	Section 382.0518.
115	133		(b) An applicant for an authorization to use a standard
116	134		permit issued under Section 382.0651 must publish notice under this
117	135		section not later than the earlier of:
118	136		(1) the 30th day after the date the applicant receives
119	137		written notice from the executive director that the application is
120	138		technically complete; or
121	139		(2) the 75th day after the date the executive director
122	140		receives the application.
123	141		(c) The applicant must publish notice at least once in a
124	142		newspaper of general circulation in the municipality in which the
125	143		facility is located or proposed to be located or in the municipality
126	144		nearest to the location or proposed location of the facility. If
127	145		the elementary or middle school nearest to the location or proposed
128	146		location of the facility provides a bilingual education program as
129	147		required by Subchapter B, Chapter 29, Education Code, the applicant
130	148		must also publish the notice at least once in an additional
131	149		publication of general circulation in each municipality or county
132	150		in which the facility is located or proposed to be located that is
133	151		published in the language taught in the bilingual education
134	152		program. This requirement is waived if such a publication does not
135	153		exist or if the publisher refuses to publish the notice.
136	154		(d) The notice must include:
137	155		(1) a brief description of the location or proposed
138	156		location and nature of the facility;
139	157		(2) a description, including a telephone number, of
140	158		the manner in which the executive director may be contacted for
141	159		further information;
142	160		(3) a description, including a telephone number, of
143	161		the manner in which the applicant may be contacted for further
144	162		information;
145	163		(4) the location and hours of operation of the
146	164		commission's regional office at which a copy of the application is
147	165		available for review and copying; and
148	166		(5) a brief description of the public comment process,
149		-	including the time and location of the public meeting to be held
150		-	under Subsection (e) and the mailing address and deadline for
151		-	filing written comments.
152		-	(e) The applicant, in cooperation with the executive
153		-	director, must hold a public meeting in the county in which the
154		-	facility is located or proposed to be located not less than 30 days
155		-	and not more than 45 days after the first date notice is published
156		-	under Subsection (b).
157		-	(f) At the site of the facility or proposed facility, the
158		-	applicant shall place a sign declaring the filing of an application
159		-	for an authorization to use a standard permit issued under Section
160		-	382.0651 for a rock crushing facility at the site and stating the
161		-	manner in which the commission may be contacted for further
162		-	information. The commission shall adopt any rule necessary to
163		-	carry out this subsection.
164		-	(g) The public comment period for written comments begins on
165		-	the first date notice is published under Subsection (b) and must
166		-	remain open for 36 hours after the close of the public meeting.
167		-	(h) Not later than the 30th day before the date of the public
168		-	meeting, the commission shall notify the following entities of the
169		-	date, time, and place of the meeting:
	167	+	including the time and location of the public hearing, and the
	168	+	mailing address and deadline for filing written comments.
	169	+	(e) The public comment period begins on the first date
	170	+	notice is published under Subsection (b) and extends to the close of
	171	+	the public hearing.
	172	+	(f) Not later than the 30th day before the date of the public
	173	+	hearing, the commission shall notify the following entities of the
	174	+	date, time, and place of the hearing:
170	175		(1) each municipality and county in which the facility
171	176		is located or proposed to be located;
172	177		(2) the Texas Department of Transportation;
173	178		(3) each groundwater conservation district with
174	179		jurisdiction over the area in which the facility is located or
175	180		proposed to be located; and
176	181		(4) each state representative and state senator
177	182		representing the area in which the facility is located or proposed
178	183		to be located.
179		-	(i) Section 382.056 of this code and Chapter 2001,
180		-	Government Code, do not apply to a public ~~meeting~~ held under this
181		-	section. A public ~~meeting~~ held under this section is not an
	184	+	(g) Section 382.056 of this code and Chapter 2001,
	185	+	Government Code, do not apply to a public hearing held under this
	186	+	section. A public hearing held under this section is not an
182	187		evidentiary proceeding. Any person may submit an oral or written
183		-	statement concerning the application at the public meeting. The
184		-	commission may set reasonable limits on the time allowed for oral
185		-	statements at the public meeting.
186		-	(j) Not later than the 35th day after the date the public
187		-	meeting is held, the executive director shall approve or deny the
	188	+	statement concerning the application at the public hearing. The
	189	+	applicant may set reasonable limits on the time allowed for oral
	190	+	statements at the public hearing.
	191	+	(h) The applicant, in cooperation with the executive
	192	+	director, must hold the public hearing not less than 30 days and not
	193	+	more than 45 days after the first date notice is published under
	194	+	Subsection (b). The public hearing must be held in the county in
	195	+	which the facility is located or proposed to be located.
	196	+	(i) Not later than the 35th day after the date the public
	197	+	hearing is held, the executive director shall approve or deny the
188	198		application for authorization to use the standard permit. The
189	199		executive director shall base the decision on whether the
190	200		application meets the requirements of Section 382.0651. The
191	201		executive director shall consider all relevant and material
192	202		comments received during the public comment period and at the
193		-	public ~~meeting~~ in determining whether to approve the application.
	203	+	public hearing in determining whether to approve the application.
194	204		If the executive director denies the application, the executive
195	205		director shall state the reasons for the denial and any
196	206		modifications to the application that are necessary for the
197	207		facility to qualify for the authorization.
198		-	(k) The executive director shall issue a written response to
	208	+	(j) The executive director shall issue a written response to
199	209		any relevant and material public comments received related to the
200	210		issuance of an authorization to use the standard permit at the same
201	211		time as or as soon as practicable after the executive director
202	212		grants or denies the application. Issuance of the response after
203	213		the granting or denial of the application does not affect the
204	214		validity of the executive director's decision to grant or deny the
205	215		application. The executive director shall:
206	216		(1) mail the response to each person who filed a
207	217		comment; and
208	218		(2) make the response available to the public.
	219	+	Sec. 382.0653. CITIZEN ADVISORY COMMITTEE FOR ROCK CRUSHING
	220	+	FACILITIES. (a) This section applies only to a permit issued under
	221	+	this chapter, or an authorization to use a permit issued under this
	222	+	chapter, to operate a rock crushing facility.
	223	+	(b) For each application for a permit or authorization to
	224	+	use a permit, the commission shall establish a citizen advisory
	225	+	committee to act as a liaison between the commission, the
	226	+	applicant, and neighboring communities during the application
	227	+	process to identify community concerns. Section 2110.008,
	228	+	Government Code, does not apply to the citizen advisory committee.
209	229		SECTION 4. This Act takes effect September 1, 2025.
210		-	* * * * *