BILL ANALYSIS S.B. 651 By: RATLIFF (KUEMPEL) May 4, 1995 Committee Report (Unamended) BACKGROUND The federal Surface Mining and Reclamation Act and the Railroad Commission of Texas (commission) require surface mining operations to build sedimentation ponds. Any runoff from a disturbed area must be directed to a sedimentation pond. These ponds are permitted by both the Railroad Commission and the Texas Natural Resources Conservation Commission (TNRCC). The purpose of the TNRCC permit is to control the allocation of state water. Texas Utilities is not using or consuming the water, but rather retaining it for treating runoff. Exempting surface mining operations from the TNRCC water use permit would eliminate duplicating regulation. PURPOSE As proposed, S.B. 651 authorizes a person to construct and maintain a reservoir for sediment control as part of a surface coal mining operation without obtaining a permit. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 11.142, Water Code, by adding Subsection (c), to authorize a person to construct or maintain a sediment control reservoir as part of a surface coal mining operation under the Texas Surface Coal Mining and Reclamation Act (Article 5920-11, V.T.C.S.) without obtaining a permit. SECTION 2. Effective Date: September 1, 1995. SECTION 3. Emergency Clause. SUMMARY OF COMMITTEE ACTION S.B. 651 was considered by the Energy Resources Committee in a public hearing on May 2, 1995. Wade Stansell, representing Texas Utilities, testified in favor of the bill. No one testified against the bill. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed, by a record vote of 6 ayes, 0 nays, 0 PNV, and 3 absent.