By: Hughes  S.B. No. 978
         (In the Senate - Filed February 21, 2019; March 1, 2019,
  read first time and referred to Committee on Water & Rural Affairs;
  May 14, 2019, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 6, Nays 0; May 14, 2019,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 978 By:  Kolkhorst
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to a study of the conversion of surface mine pits and
  quarries to water storage reservoirs in order to enhance this
  state's available water supply.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a)  The legislature shall establish a joint
  interim committee to study the conversion of surface mine pits and
  quarries to water storage reservoirs in order to enhance this
  state's available water supply.
         (b)  The joint interim committee is composed of:
               (1)  members of the Senate Natural Resources and
  Economic Development Committee appointed by the lieutenant
  governor;
               (2)  members of the Senate Water and Rural Affairs
  Committee appointed by the lieutenant governor;
               (3)  members of the House Natural Resources Committee
  appointed by the speaker of the house of representatives; and
               (4)  members of the House Energy Resources Committee
  appointed by the speaker of the house of representatives.
         (c)  The lieutenant governor or the speaker of the house of
  representatives, as applicable, may not appoint more than three
  members from a committee described by Subsection (b) of this
  section to the joint interim committee.
         (d)  The lieutenant governor and the speaker of the house of
  representatives shall jointly designate a chair or, alternatively,
  designate two co-chairs from among the committee membership.
         (e)  The committee may adopt rules necessary to carry out the
  committee's duties under this section.
         (f)  The Texas Commission on Environmental Quality, the
  Railroad Commission of Texas, and the Texas Water Development Board
  shall provide administrative support and resources to the
  committee.
         (g)  Not later than December 1, 2020, the committee shall
  prepare and deliver a report to the governor and the legislature
  that:
               (1)  provides an overview of:
                     (A)  the lignite industry in this state and final
  reclamation practices of that industry; and
                     (B)  large sand and gravel producers in this
  state;
               (2)  identifies surface mine pits and quarries that
  could potentially be used as water storage reservoirs and provides
  the following information for each location:
                     (A)  the volume of water that could be stored at
  the location;
                     (B)  the predicted water quality of a reservoir
  created at the location;
                     (C)  the predicted effect on watersheds
  surrounding a reservoir created at the location;
                     (D)  the sustainability of a reservoir created at
  the location;
                     (E)  the reclamation status of the location;
                     (F)  information needed to assess ownership
  issues at the location, including any constraint that the ownership
  of the property may impose on the use of the property as a
  reservoir;
                     (G)  a comparison of the estimated cost of
  converting the location into a reservoir and the estimated cost of
  filling in and regrading the location to the approximate original
  contour; and
                     (H)  the economic impact on communities near the
  location, including how revenue from the sale of water stored at the
  location could be used to promote economic development, trade or
  vocational schools, and health care in those communities;
               (3)  contains a map of the locations identified under
  Subdivision (2) of this subsection;
               (4)  provides a review of the regulatory issues and
  constraints associated with converting surface mine pits and
  quarries into reservoirs;
               (5)  summarizes the effect that a statewide initiative
  to convert surface mine pits and quarries into reservoirs would
  have on state water resources; and
               (6)  considers setback requirements and other
  restrictions on development to prevent shoreline development that
  would interfere with necessary withdrawals of water from surface
  mine pits and quarries that have been converted into reservoirs.
         (h)  The committee is abolished and this Act expires January
  12, 2021.
         SECTION 2.  This Act takes effect September 1, 2019.
 
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