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Senate Bill 1295 |
Senate Author: Hegar |
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Effective: 6-17-11 |
House Sponsor: Beck |
Senate Bill 1295 amends the Texas Surface Coal Mining and Reclamation Act to prohibit the Railroad Commission of Texas from denying an applicant's surface coal mining permit application based on a previous violation by the applicant that occurred in connection with a surface coal mining operation conducted on previously mined land if the violation resulted from an event or condition that was not contemplated in the permit for the surface coal mining operation.
Previous law required performance standards for surface coal mining and reclamation operations to require an operator to assume responsibility for successful revegetation on regraded areas and other affected land for five years after the last year of augmented seeding, fertilizing, irrigation, or other work in order to assure statutory compliance. The bill makes the requirement applicable only if the land is not previously mined land and, if the land is previously mined land, requires the assumption of responsibility for successful revegetation for two years after the last year of augmented seeding, fertilizing, irrigation, or other work in order to assure statutory compliance.
Previous law provided that in areas or regions of Texas where the annual average precipitation is 26 inches or less an operator's assumption of responsibility and liability for revegetation extends for 10 years after the last year of augmented seeding, fertilizing, irrigation, or other work. The bill makes the provision applicable only if the land is not previously mined land and, if the land is previously mined land, provides that the assumption of responsibility and liability extends for five years after the last year of augmented seeding, fertilizing, irrigation, or other work.