80R8892 ACP-F

By: Gonzalez Toureilles H.B. No. 3837

A BILL TO BE ENTITLED

AN ACT

relating to regulation by the railroad commission of injection wells used for in situ uranium mining.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 131.001, 131.002, and 131.003, Natural Resources Code, are amended to read as follows:

Sec. 131.001. SHORT TITLE. This chapter may be cited as the Texas Uranium In Situ Exploration, Surface Mining, and Surface Mine Reclamation Act.

Sec. 131.002. DECLARATION OF POLICY. The legislature finds and declares that:

(1) the extraction of minerals by surface mining operations or by related mineral recovery processes or technologies is a basic and essential activity making an important contribution to the economic well-being of the state and nation;

(2) the exploration for and delineation of the state's mineral resources is a basic and essential activity for the economic well-being of the state and the nation;

(3) [(2)] proper reclamation of land explored for minerals and surface-mined land is necessary to prevent undesirable land and water conditions that would be detrimental to the general welfare, health, safety, and property rights of the citizens of this state;

(4) [(3)surface] mining activities take [takes] place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications for reclamation operations must vary accordingly;

(5) [(4)] it is not always possible to explore for or to extract minerals required by our society without disturbing the [surface of the] earth and producing waste materials, and the very character of certain types of surface mining operations occasionally precludes complete restoration of the affected land to its original condition;

(6) [(5)] unregulated surface mining may destroy or diminish the utility of land for commercial, industrial, residential, recreational, agricultural, and forestry purposes by causing erosion and landslides, by contributing to floods, by polluting the water, by destroying fish and wildlife habitats, by impairing natural beauty, by damaging the property of citizens, by creating hazards dangerous to life and property, by degrading the quality of life in local communities, and by counteracting governmental programs and efforts to conserve soil, water, and other natural resources, which results are declared to be inimical to the public interest and destructive to the public health, safety, welfare, and economy of the State of Texas;

(7) [(6)] due to its unique character or location, some land within the state may be unsuitable for all or certain types of surface mining operations;

(8) [(7)] reclamation of land explored for minerals and surface-mined land as provided by this chapter will allow the mining of valuable minerals in a manner designed for the protection and subsequent beneficial use of land; and

(9) [(8)] the requirements of this chapter for reclamation and maintenance of affected land are necessary for the public health and safety and thus constitute a valid application of the police power of this state.

Sec. 131.003. PURPOSES. It is declared to be the purpose of this chapter:

(1) to prevent the adverse effects to society and the environment resulting from unregulated surface mining operations as defined in this chapter;

(2) to assure that the rights of surface landowners and other persons with a legal interest in the land or appurtenances to the land are protected from unregulated surface mining operations;

(3) to assure that surface mining operations are not conducted where reclamation as required by this chapter is not possible;

(4) to assure that in situ exploration and [surface] mining operations that are within the jurisdiction of the commission are conducted in a manner that will prevent unreasonable degradation of land and water resources; and

(5) to assure that reclamation of all surface-mined land is accomplished as contemporaneously as practicable with the surface mining, recognizing that the extraction of minerals by responsible mining operations is an essential and beneficial economic activity.

SECTION 2. Section 131.004, Natural Resources Code, is amended by amending Subdivisions (3) and (10) and adding Subdivision (19) to read as follows:

(3) "Exploration activity" means the disturbance of the surface or subsurface for the purpose of or related to determining the location, quantity, or quality of a mineral deposit, which may be extracted through surface mining or related mineral recovery processes or technologies. This term does not include in situ exploration activity.

(10) "Surface mining permit" or "permit" means the written certification by the commission that the named operator may conduct the surface mining operations described in the certification during the term of the surface mining permit and in the manner established in the certification. These terms do not include:

(A) a discharge permit issued by the commission pursuant to Subchapter H of this chapter; or

(B) an in situ exploration permit issued by the commission pursuant to Subchapter I of this chapter.

(19) "In situ exploration activity" means the use of boreholes and cased exploration wells for the purpose of determining the location, quantity, or quality of uranium deposits that may be recovered using in situ recovery processes.

SECTION 3. Subchapter A, Chapter 131, Natural Resources Code, is amended by adding Section 131.007 to read as follows:

Sec. 131.007. CONFLICT WITH WATER CODE. To the extent this chapter conflicts with Chapter 36, Water Code, regarding the protection or management of groundwater associated with an exploration activity under the commission's jurisdiction, this chapter controls.

SECTION 4. Sections 131.021, 131.022, 131.034, 131.042, 131.048, and 131.301, Natural Resources Code, are amended to read as follows:

Sec. 131.021. GENERAL AUTHORITY OF COMMISSION. In seeking to accomplish the purposes of this chapter, the commission shall have the authority:

(1) to adopt and amend rules pertaining to in situ exploration, surface mining, and related mineral recovery technologies or processes, and mine reclamation operations consistent with the general intent and purposes of this chapter;

(2) to issue permits pursuant to the provisions of this chapter;

(3) to conduct hearings pursuant to the provisions of this chapter;

(4) to issue orders requiring an operator to take actions that are necessary to comply with this chapter and with rules adopted under this chapter;

(5) to issue orders modifying previous orders;

(6) to issue a final order revoking the permit of an operator who has failed to comply with an order of the commission to take action required by this chapter or rules adopted under this chapter;

(7) to order the immediate cessation of an ongoing surface mining operation if the commission finds that the operation creates an imminent danger to the health or safety of the public, or is causing or can reasonably be expected to cause significant imminent environmental harm to land, air, or water resources, and to take other action or make changes in a permit that are reasonably necessary to avoid or alleviate these conditions;

(8) to hire employees, adopt standards for employment of these persons, and hire and authorize the hiring of outside contractors to assist in carrying out the requirements of this chapter;

(9) to enter on and inspect, in person or by its agents, an in situ exploration or a [surface] mining operation that is subject to the provisions of this chapter to assure compliance with the terms of this chapter;

(10) to conduct, encourage, request, and participate in studies, surveys, investigations, research, experiments, training, and demonstrations by contract, grant, or otherwise;

(11) to prepare and require permittees to prepare reports;

(12) to collect and disseminate to the public information considered reasonable and necessary for the proper enforcement of this chapter;

(13) to accept, receive, and administer grants, gifts, loans, or other funds made available from any source for the purposes of this chapter;

(14) to enter into contracts with state boards and agencies that have pertinent expertise to obtain professional and technical services necessary to carry out the provisions of this chapter; and

(15) to perform other duties and acts required by and provided for in this chapter.

Sec. 131.022. JURISDICTION OF COMMISSION. (a) The commission is the mining and reclamation authority for the State of Texas and has exclusive jurisdiction for establishing reclamation requirements for mining operations in this state, except for in situ recovery processes.

(b) The commission has exclusive jurisdiction and is solely responsible for all permitting associated with in situ exploration activity.

Sec. 131.034. EXPLORATION ACTIVITIES. The commission shall promulgate rules governing uranium exploration activity, including [in the manner provided in Sections 131.026 through 131.031 of this code for] the conduct of in situ exploration activities.

Sec. 131.042. RECORDS, REPORTS, MONITORING EQUIPMENT, AND INFORMATION. The commission shall require each mine permittee to:

(1) establish and maintain appropriate records;

(2) make reports as frequently as the commission may prescribe;

(3) install, use, and maintain necessary monitoring equipment for observing and determining relevant surface or subsurface effects of the mining operation and reclamation program; and

(4) provide other information relative to mining and reclamation operations the commission determines to be reasonable and necessary.

Sec. 131.048. CONFIDENTIALITY. Information submitted to the commission concerning mineral deposits, including test borings, core samplings, geophysical logs, or trade secrets or privileged commercial or financial information relating to the competitive rights of the applicant and specifically identified as confidential by the applicant, if not essential for public review as determined by the commission, shall not be disclosed by any member, agent, or employee of the commission.

Sec. 131.301. DISCHARGE RULES, ORDERS, AND PERMITS. To prevent the pollution of surface and subsurface water in the state, the commission has the exclusive authority to [shall] adopt rules and may issue orders and permits relating to the discharge or runoff of waste or any other substance or material from any permitted uranium exploration or mining activity. Notwithstanding any provision of any other section of this chapter, a rule, order, or permit issuable by the commission under this subchapter shall be issued, administered, and enforced solely in the manner provided in this subchapter, in such rule, order, or permit, or in Chapter 2001, Government Code. If this chapter conflicts with other law, this chapter controls.

SECTION 5. Chapter 131, Natural Resources Code, is amended by adding Subchapter I to read as follows: SUBCHAPTER I. IN SITU EXPLORATION ACTIVITIES

Sec. 131.351. APPLICABILITY OF SUBCHAPTER. (a) If this subchapter conflicts with other law, this subchapter controls.

(b) Sections 131.037 and 131.042 do not apply to in situ exploration activity subject to a permit issued under this subchapter.

Sec. 131.352. PERMITS. (a) A person may not conduct in situ exploration activity unless the person holds a permit issued by the commission that authorizes the activity.

(b) A permit issued by the commission may contain provisions and conditions necessary to implement the policies of this subchapter. The commission may adopt rules for the amendment, revocation, transfer, or suspension of a permit.

Sec. 131.353. SCOPE OF IN SITU EXPLORATION PERMIT. (a) A permit that authorizes in situ exploration activity may govern all activities associated with determining the location, quantity, or quality of uranium deposits that may be extracted using in situ recovery processes.

(b) A permit that authorizes in situ exploration activity must contain provisions to govern:

(1) locating, drilling, plugging, and abandoning exploration holes;

(2) casing certain exploration holes for use in the exploration process;

(3) using certain cased exploration wells for rig supply purposes; and

(4) plugging and abandoning cased exploration wells.

(c) An exploration well subject to a permit issued under this subchapter is exempt from regulation by another agency, governmental entity, or political subdivision if the well is:

(1) cased; and

(2) used for rig supply purposes.

Sec. 131.354. COMMISSION JURISDICTION. The commission has exclusive jurisdiction over uranium exploration holes and cased exploration wells completed under a permit issued under this subchapter until:

(1) exploration holes and cased exploration wells are properly plugged and abandoned; or

(2) cased exploration wells are:

(A) registered with the Texas Commission on Environmental Quality; or

(B) included in an area permit issued by the Texas Commission on Environmental Quality under Chapter 27, Water Code.

Sec. 131.355. APPLICATION FEES. (a) The commission may impose an application fee to recover the costs of administering this subchapter.

(b) Section 131.231 does not apply to a fee imposed under this subchapter.

Sec. 131.356. NOTIFICATION BY COMMISSION. At the time the commission issues a permit under this subchapter, the commission shall provide written notice of the permit to:

(1) each member of a local governmental body that has jurisdiction over the area subject to the in situ exploration permit; and

(2) each member of the legislature who represents the area in which the proposed in situ exploration will occur.

Sec. 131.357. GEOLOGIC, HYDROLOGIC, AND WATER QUALITY INFORMATION. (a) A person issued a permit under this subchapter shall provide to the groundwater conservation district in the county located in the area permit:

(1) pre-mining water quality information from:

(A) existing wells within the jurisdiction of the groundwater conservation district; and

(B) cased exploration wells completed under the permit issued under this subchapter; and

(2) a well log that does not contain confidential information as defined by Section 131.048.

(b) A person may compile and analyze the information for a reasonable time before submitting the information as required by Subsection (a).

SECTION 6. This Act does not invalidate a permit that authorizes in situ exploration activity, as defined by Section 131.004, Natural Resources Code, as amended by this Act, that was issued by the Texas Commission on Environmental Quality before the effective date of this Act. A permit that authorizes in situ exploration activity, as defined by that section, that was issued by the Texas Commission on Environmental Quality before the effective date of this Act remains in effect until the permit expires.

SECTION 7. This Act takes effect September 1, 2007.