By: Birdwell, Hagenbuch S.B. No. 1758
A BILL TO BE ENTITLED
AN ACT
relating to the operation of a cement kiln and the production of
aggregates near a semiconductor wafer manufacturing facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 382, Health and Safety Code, is amended
by adding Subchapters M and M-1 to read as follows:
SUBCHAPTER M. CEMENT OR AGGREGATE PRODUCTION AND SEMICONDUCTOR
WAFER MANUFACTURING FACILITY
Sec. 382.601. DEFINITIONS. In this subchapter:
(1) "Aggregate production operation" has the meaning
assigned by Section 28A.001, Water Code.
(2) "Portland cement kiln" means a system, including
any solid, gaseous, or liquid fuel combustion equipment, used to
calcine and fuse raw materials, including limestone and clay, to
produce portland cement clinker.
(3) "Semiconductor wafer manufacturing facility"
means a manufacturing facility that conducts any of the following
processes with respect to semiconductor production:
(A) growing single-crystal ingots or boules;
(B) wafer slicing;
(C) etching and polishing;
(D) bonding;
(E) cleaning;
(F) epitaxial deposition; or
(G) metrology.
Sec. 382.602. LIMITATION OF LIABILITY. An owner or
operator of a facility operating under a new source review permit
issued under this chapter that authorizes the operation of a
portland cement kiln, or the production of aggregates at an
aggregate production operation, is not liable for damages to a
semiconductor wafer manufacturing facility resulting from seismic
or vibrational disturbances caused by the cement or aggregate
production facility owner's or operator's activities on the site of
the cement or aggregate production facility if the cement or
aggregate production facility began operating before the date the
semiconductor wafer manufacturing facility began operating.
SUBCHAPTER M-1. CEMENT OR AGGREGATE PRODUCTION AND SEMICONDUCTOR
WAFER MANUFACTURING FACILITY PILOT PROGRAM: GRAYSON COUNTY
Sec. 382.651. DEFINITIONS. In this subchapter:
(1) "Aggregate production operation" has the meaning
assigned by Section 28A.001, Water Code.
(2) "Bureau" means the Bureau of Economic Geology of
The University of Texas at Austin.
(3) "Portland cement kiln" means a system, including
any solid, gaseous, or liquid fuel combustion equipment, used to
calcine and fuse raw materials, including limestone and clay, to
produce portland cement clinker.
(4) "Semiconductor wafer manufacturing facility" has
the meaning assigned by Section 382.601.
Sec. 382.652. GRAYSON COUNTY PILOT PROGRAM. This
subchapter applies only to:
(1) a semiconductor wafer manufacturing facility that
begins commercial operation after January 1, 2025, and before
December 31, 2025; and
(2) a facility that:
(A) is proposed to be constructed under or is
operating under a new source review permit that authorizes the
construction or operation of a portland cement kiln; and
(B) is associated with a facility that produces
aggregates at an aggregate production operation.
Sec. 382.653. STUDY AND REPORT. (a) The bureau shall
conduct a study, in consultation with owners or operators of
facilities described by Section 382.652 in Grayson County, to:
(1) analyze seismological data related to aggregate
production operations;
(2) assess the vibrational impact of the production of
aggregates on bedrock;
(3) analyze vibrational parameters necessary to
ensure the successful operation of a semiconductor wafer
manufacturing facility within 10 miles of a facility described by
Section 382.652(2); and
(4) investigate whether a minimum distance between a
facility described by Section 382.652(2) and a semiconductor wafer
manufacturing facility is necessary to prevent seismic or
vibrational disruption to the operation of the semiconductor wafer
manufacturing facility, considering the depth of the excavation
activities conducted for the production of aggregates.
(b) In conducting the study under this section, the bureau
may:
(1) collaborate with:
(A) the commission and any other state agency,
political subdivision, or institution of higher education; and
(B) any other stakeholder or private entity as
necessary; and
(2) enter into a nondisclosure agreement with a
private entity.
(c) In addition to money appropriated by the legislature to
the bureau for the purpose of this section, the bureau may accept
gifts, grants, and other donations for the purposes of conducting
the study under this section.
(d) Not later than August 1, 2026, the bureau shall prepare
and submit to the governor, the lieutenant governor, the speaker of
the house of representatives, and each standing legislative
committee with primary jurisdiction over the environment or natural
resources a report on the results of the study conducted under this
section and any recommendations for legislative or other action.
Sec. 382.654. OPERATIONS WITHIN STUDY AREA. The commission
may not issue, renew, or amend a permit or authorize the use of a
standard permit or a permit by rule under this chapter for the
construction or operation of a facility described by Section
382.652(2) within 10 miles of a facility described by Section
382.652(1) in Grayson County.
Sec. 382.655. EXPIRATION. This subchapter expires
September 1, 2031.
SECTION 2. If any provision of this Act or its application
to any person or circumstance is held invalid, the invalidity does
not affect the other provisions or applications of this Act that can
be given effect without the invalid provision or application, and
to this end the provisions of this Act are severable.
SECTION 3. Section 382.602, Health and Safety Code, as
added by this Act, applies only to a cause of action that accrues on
or after the effective date of this Act. A cause of action that
accrues before the effective date of this Act is governed by the law
applicable to the cause of action immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.