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A BILL TO BE ENTITLED
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AN ACT
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relating to permit review timelines of the surface mining and |
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reclamation division of the Railroad Commission of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. PURPOSE. The purpose of this Act is to establish |
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timelines for the review of applications for surface coal mining |
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permits, renewals, and revisions. |
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SECTION 2. Section 134.004, Natural Resources Code, is |
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amended by adding the following: |
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(22) "Director" means the director, Surface Mining and |
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Reclamation Division, Railroad Commission of Texas, or the |
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director's representative. |
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SECTION 3. Subchapter F, Chapter 134, Natural Resources |
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Code, is amended by adding Sections 134.135, 134.136, and 134.137 |
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to read as follows: |
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Sec. 134.135. ADMINISTRATIVE REVIEW PERIOD FOR NEW PERMITS, |
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RENEWALS, AND SIGNIFICANT REVISIONS. |
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(a) The director shall complete a review to assess the |
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administrative completeness of any application submitted for a new |
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surface coal mine permit or the renewal or revision of such a permit |
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within one week of receipt of the application. |
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(1) If the application is found to be incomplete, the |
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letter will identify for the applicant the specific information |
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that causes an incompleteness determination and, upon the |
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applicant's submittal of the requested information, shall make a |
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determination whether the application is administratively complete |
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within one week of receipt of requested information. |
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(2) If the application is found to be administratively |
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complete, the application will be filed with the office of general |
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counsel for processing in accordance with commission rules and |
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Chapter 2001, Texas Government Code. |
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Sec. 134.136. TECHNICAL REVIEW PERIOD FOR NEW PERMITS, |
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RENEWALS, AND SIGNIFICANT REVISIONS. |
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(a) Within 120 days of receipt of an administratively |
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complete application for a new permit or significant permit |
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revision (or within 60 days for a renewal application), the |
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director shall file documentation of its technical analysis with |
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the commission's office of general counsel and contact the |
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applicant to schedule a meeting to discuss the technical analysis |
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review findings. |
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(1) If the applicant files a supplement to the |
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application, the director will follow the procedure outlined in |
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section 134.135(a) regarding administrative review and review the |
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supplement and respond with an addendum to its technical analysis |
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within 30 days of receiving an administratively complete |
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supplement, unless a substantive revision to the proposed mining |
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and operation plan is made to the application in the supplemental |
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filing. |
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(2) If a substantive revision is made in the |
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applicant's supplemental filing, the review shall be completed |
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within 60 days from receipt of an administratively complete |
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supplement. |
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(b) During this review time period the director will request |
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that the hearings examiner assigned to the case from the office of |
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general counsel review the public notice to ensure that no material |
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change, requiring additional notice, has occurred with this |
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supplemental filing to the application. |
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Sec. 134.137. REVIEW OF NONSIGNIFICANT REVISIONS |
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(a) Within 60 days of receipt of a complete application for |
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a non-significant permit revision, the director shall issue a |
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written response to the applicant either authorizing the requested |
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permit revision or providing a list of deficiency comments with |
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precise citations to applicable regulation sections. |
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(b) Within 30 days of receiving an applicant's response to |
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deficiency comments, the director shall issue a written response |
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authorizing the requested permit revision or setting out additional |
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deficiencies consistent with the process outlined in subsection (a) |
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of this section. |
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SECTION 4. EFFECTIVE DATE. This Act applies to |
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applications submitted on or after June 1, 2011. The director of |
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the railroad commission shall take all reasonable steps necessary |
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to ensure that applications still pending on the effective date of |
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this Act are processed within timeframes that are consistent with |
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permit review timeframes set out in this Act. |