Texas 2025 - 89th Regular

Texas Senate Bill SB1758 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Birdwell, Hagenbuch S.B. No. 1758
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	2	+	(In the Senate - Filed February 28, 2025; March 13, 2025,
	3	+	read first time and referred to Committee on Natural Resources;
	4	+	April 7, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 7, Nays 2; April 7, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1758 By: Birdwell
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6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to the operation of a cement kiln and the production of
9	14		aggregates near a semiconductor wafer manufacturing facility.
10	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	16		SECTION 1. Chapter 382, Health and Safety Code, is amended
12	17		by adding Subchapters M and M-1 to read as follows:
13	18		SUBCHAPTER M. CEMENT OR AGGREGATE PRODUCTION AND SEMICONDUCTOR
14	19		WAFER MANUFACTURING FACILITY
15	20		Sec. 382.601. DEFINITIONS. In this subchapter:
16	21		(1) "Aggregate production operation" has the meaning
17	22		assigned by Section 28A.001, Water Code.
18	23		(2) "Portland cement kiln" means a system, including
19	24		any solid, gaseous, or liquid fuel combustion equipment, used to
20	25		calcine and fuse raw materials, including limestone and clay, to
21	26		produce portland cement clinker.
22	27		(3) "Semiconductor wafer manufacturing facility"
23	28		means a manufacturing facility that conducts any of the following
24	29		processes with respect to semiconductor production:
25	30		(A) growing single-crystal ingots or boules;
26	31		(B) wafer slicing;
27	32		(C) etching and polishing;
28	33		(D) bonding;
29	34		(E) cleaning;
30	35		(F) epitaxial deposition; or
31	36		(G) metrology.
32	37		Sec. 382.602. LIMITATION OF LIABILITY. An owner or
33	38		operator of a facility operating under a new source review permit
34	39		issued under this chapter that authorizes the operation of a
35	40		portland cement kiln, or the production of aggregates at an
36	41		aggregate production operation, is not liable for damages to a
37	42		semiconductor wafer manufacturing facility resulting from seismic
38	43		or vibrational disturbances caused by the cement or aggregate
39	44		production facility owner's or operator's activities on the site of
40	45		the cement or aggregate production facility if the cement or
41	46		aggregate production facility began operating before the date the
42	47		semiconductor wafer manufacturing facility began operating.
43	48		SUBCHAPTER M-1. CEMENT OR AGGREGATE PRODUCTION AND SEMICONDUCTOR
44	49		WAFER MANUFACTURING FACILITY PILOT PROGRAM: GRAYSON COUNTY
45	50		Sec. 382.651. DEFINITIONS. In this subchapter:
46	51		(1) "Aggregate production operation" has the meaning
47	52		assigned by Section 28A.001, Water Code.
48	53		(2) "Bureau" means the Bureau of Economic Geology of
49	54		The University of Texas at Austin.
50	55		(3) "Portland cement kiln" means a system, including
51	56		any solid, gaseous, or liquid fuel combustion equipment, used to
52	57		calcine and fuse raw materials, including limestone and clay, to
53	58		produce portland cement clinker.
54	59		(4) "Semiconductor wafer manufacturing facility" has
55	60		the meaning assigned by Section 382.601.
56	61		Sec. 382.652. GRAYSON COUNTY PILOT PROGRAM. This
57	62		subchapter applies only to:
58	63		(1) a semiconductor wafer manufacturing facility that
59	64		begins commercial operation after January 1, 2025, and before
60	65		December 31, 2025; and
61	66		(2) a facility that:
62	67		(A) is proposed to be constructed under or is
63	68		operating under a new source review permit that authorizes the
64	69		construction or operation of a portland cement kiln; and
65	70		(B) is associated with a facility that produces
66	71		aggregates at an aggregate production operation.
67	72		Sec. 382.653. STUDY AND REPORT. (a) The bureau shall
68	73		conduct a study, in consultation with owners or operators of
69	74		facilities described by Section 382.652 in Grayson County, to:
70	75		(1) analyze seismological data related to aggregate
71	76		production operations;
72	77		(2) assess the vibrational impact of the production of
73	78		aggregates on bedrock;
74	79		(3) analyze vibrational parameters necessary to
75	80		ensure the successful operation of a semiconductor wafer
76	81		manufacturing facility within 10 miles of a facility described by
77	82		Section 382.652(2); and
78	83		(4) investigate whether a minimum distance between a
79	84		facility described by Section 382.652(2) and a semiconductor wafer
80	85		manufacturing facility is necessary to prevent seismic or
81	86		vibrational disruption to the operation of the semiconductor wafer
82	87		manufacturing facility, considering the depth of the excavation
83	88		activities conducted for the production of aggregates.
84	89		(b) In conducting the study under this section, the bureau
85	90		may:
86	91		(1) collaborate with:
87	92		(A) the commission and any other state agency,
88	93		political subdivision, or institution of higher education; and
89	94		(B) any other stakeholder or private entity as
90	95		necessary; and
91	96		(2) enter into a nondisclosure agreement with a
92	97		private entity.
93	98		(c) In addition to money appropriated by the legislature to
94	99		the bureau for the purpose of this section, the bureau may accept
95	100		gifts, grants, and other donations for the purposes of conducting
96	101		the study under this section.
97	102		(d) Not later than August 1, 2026, the bureau shall prepare
98	103		and submit to the governor, the lieutenant governor, the speaker of
99	104		the house of representatives, and each standing legislative
100	105		committee with primary jurisdiction over the environment or natural
101	106		resources a report on the results of the study conducted under this
102	107		section and any recommendations for legislative or other action.
103	108		Sec. 382.654. OPERATIONS WITHIN STUDY AREA. The commission
104	109		may not issue, renew, or amend a permit or authorize the use of a
105	110		standard permit or a permit by rule under this chapter for the
106	111		construction or operation of a facility described by Section
107	112		382.652(2) within 10 miles of a facility described by Section
108	113		382.652(1) in Grayson County.
109	114		Sec. 382.655. EXPIRATION. This subchapter expires
110	115		September 1, 2031.
111	116		SECTION 2. If any provision of this Act or its application
112	117		to any person or circumstance is held invalid, the invalidity does
113	118		not affect the other provisions or applications of this Act that can
114	119		be given effect without the invalid provision or application, and
115	120		to this end the provisions of this Act are severable.
116	121		SECTION 3. Section 382.602, Health and Safety Code, as
117	122		added by this Act, applies only to a cause of action that accrues on
118	123		or after the effective date of this Act. A cause of action that
119	124		accrues before the effective date of this Act is governed by the law
120	125		applicable to the cause of action immediately before the effective
121	126		date of this Act, and that law is continued in effect for that
122	127		purpose.
123	128		SECTION 4. This Act takes effect immediately if it receives
124	129		a vote of two-thirds of all the members elected to each house, as
125	130		provided by Section 39, Article III, Texas Constitution. If this
126	131		Act does not receive the vote necessary for immediate effect, this
127	132		Act takes effect September 1, 2025.
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