BILL ANALYSIS
Senate Research Center S.B. 1711
By: Hegar
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The 74th Legislature enacted a statute under Texas Water Code that allows surface coal mining operations to construct reservoirs for sediment control without obtaining a water rights permit. However, a water quality permit is still required through the Texas Commission on Environmental Quality (TCEQ) to ensure that these sedimentation ponds comply with all applicable environmental standards as well as a permit for taking water out of the ponds.
As proposed, S.B. 1711 authorizes a person to construct or maintain a reservoir to use sedimentation pond water for fire or dust suppression applicable to a surface coal mining operation under the Texas Surface Coal Mining and Reclamation Act.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the Texas Commission on Environmental Quality in SECTION 2 of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 11.142(d), Water Code, to authorize a person, without obtaining a permit, to construct or maintain a reservoir for the sole purpose of sediment control and divert and use the water to satisfy environmental and safety regulations for fire or dust suppression, applicable to, rather than a part of, a surface coal mining operation under the Texas Surface Coal Mining and Reclamation Act (Article 5920-11, V.T.C.S.).
SECTION 2. Requires the Texas Commission on Environmental Quality, not later than January 1, 2010, to adopt rules as necessary to implement Sections [sic] 11.142(d), Water Code, as amended by this Act.
SECTION 3. Effective date: upon passage or September 1, 2009.