HBA-EDN H.B. 2538 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2538 By: Walker Land & Resource Management 3/14/2001 Introduced BACKGROUND AND PURPOSE Presently, Texas is one of thirteen states that does not require reclamation of sand, gravel, aggregate, clay, or stone quarries upon the completion of mining activity. In the past, the Texas Aggregates and Concrete Association (TACA) opposed legislative efforts to impose reclamation standards for quarrying operations because of their perception that the guidelines were impractical for aggregate facilities. In 1991, TACA was instrumental in the passage of the Texas Quarry and Pit Safety Act relating to the placement of safety barriers for quarries and pits that were located within close proximity to a public road or highway. As an industry, TACA believes that it is appropriate to expand upon this Act by requiring the Railroad Commission of Texas (commission) to authorize the reclamation of property affected by a quarrying operation. House Bill 2538 grants the commission this authority. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Railroad Commission in SECTION 1 (Secs. 135.051 and 135.102, Natural Resources Code) and in SECTION 2 of this bill. ANALYSIS House Bill 2538 amends the Natural Resources Code to enact the Texas Aggregate Quarrying and Reclamation Act. The bill authorizes the Texas Railroad Commission (commission) or an authorized representative of the commission to inspect a quarrying operation to determine whether the operation is properly reclaiming the land affected by the operation. The bill sets forth procedures for such an inspection and for a report on the inspection (Sec.135.052). The bill prohibits a person from conducting a quarrying operation in this state unless the person holds a certificate of registration (certificate). The bill provides that a person must file an application for a certificate, accompanied by a fee of $200 and a bond or alternative form of financial security in the amount of $1,000, for each acre of land to be disturbed as provided by the reclamation plan for the proposed quarry. The bill provides that a separate application is required for each quarrying operation and requires the commission, by rule, to specify criteria to determine whether a quarrying operation constitutes a separate operation. The bill sets forth provisions regarding the application process, the certificate, and the bond or alternative form of financial security (Secs.135.101-135.108, and 135.151-135.156). The bill provides that a pit perimeter must be located at least 50 feet from the nearest property line if the slope has a horizontal to vertical ratio of at least two to one, or 100 feet from the nearest property line if the slope is vertical and has a height of at least 10 feet (Sec.135.201). The bill provides that a reclamation plan must be developed in a manner consistent with physical, environmental, and climatological conditions and with quarrying and reclamation technologies considered to be customary business practices at the time the plan is developed. The bill sets forth provisions regarding reclamation, including provisions relating to land access above a bench or highwall, restriction of a waterway, grading of overburden, construction of a dam, and revegetation (Secs.135.251-135.256). The bill requires the commission to impose an administrative penalty of $5,000 on an owner or operator of a quarrying operation who violates this Act or a rule adopted or ordered under this Act and entitles a person to a hearing on the occurrence of the alleged violation, the amount of the penalty, or both. The bill sets forth provisions relating to administrative procedures regarding the imposition of a penalty (Secs.135.301-135.313). The bill requires the commission to deposit the amount recovered on a bond, the alternative form of financial security, or an administrative penalty to the credit of the Texas aggregate quarry reclamation account and authorizes funds from this account to be appropriated only for corrective or enforcement action under this Act (Sec.135.351). The commission is authorized to adopt rules and issue orders as necessary to implement and enforce this Act and requires the commission to adopt such rules no later than March 1, 2002 (Sec.135.051 and SECTION 2). This Act does not apply to land under the jurisdiction of the General Land Office, land from which aggregates are being produced on September 1, 2001, or a parcel of land of less than five acres. However, the bill provides that land under the jurisdiction of the General Land Office on which quarrying is conducted must be reclaimed in a manner consistent with this Act and that an operator is prohibited from expanding the surface acreage of a pit from which aggregates are being produced on September 1, 2001, unless the operator obtains a certificate and complies with the provisions of this Act relating to the expanded portion of the pit and any land affected by the expansion (Sec. 135.003). EFFECTIVE DATE September 1, 2001.