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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of aggregate production operations; |
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requiring a permit; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter B, Chapter 28A, Water |
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Code, is amended to read as follows: |
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SUBCHAPTER B. PERMIT [REGISTRATION] AND INSPECTION |
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SECTION 2. Subchapter B, Chapter 28A, Water Code, is |
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amended by adding Sections 28A.0525, 28A.0526, and 28A.0527 to read |
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as follows: |
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Sec. 28A.0525. PERMIT REQUIRED. (a) A person may not begin |
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or conduct extraction activities at an aggregate production |
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operation unless the responsible party has obtained a standard |
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permit for the aggregate production operation from the commission |
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under this section. |
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(b) The commission by rule shall: |
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(1) adopt a standard permit for aggregate production |
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operations; |
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(2) prescribe an application for a standard permit |
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under this section; and |
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(3) provide for the issuance of a standard permit |
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under this section. |
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(c) A permit does not become a vested right in the permit |
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holder. |
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(d) A permit may be issued under this section for a term set |
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by the board not to exceed six years from the date of issuance. |
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(e) The commission may charge fees for the issuance of |
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permits under this section in an amount sufficient to recover the |
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costs of administering this chapter. |
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Sec. 28A.0526. NOTICE AND HEARING. (a) Except as provided |
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by Subsection (b), the notice and hearing provisions of Subchapter |
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M, Chapter 5, Water Code, apply to an application under this section |
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for a permit or a permit renewal. |
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(b) A public hearing on an application for a permit or |
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permit renewal issued under this section must be held in the |
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municipality located closest to the proposed or existing aggregate |
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production operation. |
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Sec. 28A.0527. CERTAIN LOCATIONS RESTRICTED. (a) This |
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section applies only to an aggregate production operation located: |
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(1) in the Guadalupe River watershed according to the |
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National Hydrography Dataset and the Watershed Boundary Dataset; |
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and |
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(2) west of the Canyon Lake Dam. |
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(b) An aggregate production operation may not operate |
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within 1500 feet of a navigable waterway. |
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(c) An application for a permit to operate an aggregate |
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production operation must include: |
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(1) information satisfying criteria determined by the |
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commission regarding: |
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(A) slope gradients sufficient to minimize the |
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potential for erosion and water quality degradation; |
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(B) the potential for significant damage to |
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important historical and cultural values or ecological systems; |
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(C) the effect on: |
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(i) natural resources, including aquifers |
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and aquifer recharge zones; |
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(ii) agricultural activity; and |
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(iii) areas subject to frequent flooding or |
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geological events; and |
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(D) concerns relevant to the substantial |
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endangerment of life or property; |
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(2) a plan for the: |
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(A) control of water drainage and accumulation |
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that prevents erosion and damage to fish or wildlife habitat; and |
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(B) reclamation and revegetation of the quarried |
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land consistent with best management practices adopted by the |
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commission; and |
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(3) evidence of sufficient financial assurance to |
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cover the remediation of potential negative effects on the |
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Guadalupe River and surrounding areas, as determined by commission |
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rule. |
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SECTION 3. Section 28A.053(a), Water Code, is amended to |
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read as follows: |
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(a) The commission shall inspect each active permitted |
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aggregate production operation in this state for compliance with |
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applicable permit conditions and environmental laws and rules under |
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the jurisdiction of the commission at least once every three years. |
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SECTION 4. The heading to Subchapter C, Chapter 28A, Water |
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Code, is amended to read as follows: |
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SUBCHAPTER C. [FEES AND] ENFORCEMENT |
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SECTION 5. Section 28A.102, Water Code, is amended to read |
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as follows: |
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Sec. 28A.102. PENALTY. The commission may assess a penalty |
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of not less than $5,000 and not more than $10,000 for each year in |
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which an aggregate production operation operates without a permit |
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issued [being registered] under this chapter. The total penalty |
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under this section may not exceed $25,000 for an aggregate |
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production operation that is operated in three or more years |
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without a permit [being registered]. |
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SECTION 6. The following provisions of the Water Code are |
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repealed: |
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(1) Section 28A.051; |
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(2) Section 28A.052; |
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(3) Section 28A.054; and |
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(4) Section 28A.101. |
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SECTION 7. (a) Not later than March 1, 2020, the Texas |
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Commission on Environmental Quality shall adopt rules to implement |
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the changes in law made by this Act to Chapter 28A, Water Code. |
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(b) Notwithstanding Section 28A.0525, Water Code, as added |
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by this Act, a person beginning extraction activities at an |
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aggregate production operation on or after the effective date of |
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this Act is not required to hold a permit required by that section |
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for the extraction activities until September 1, 2020. |
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SECTION 8. The changes in law made by this Act apply only to |
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an aggregate production operation at which extraction activities |
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begin on or after the effective date of this Act. An aggregate |
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production operation at which extraction activities began before |
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the effective date of this Act is governed by the law in effect |
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immediately before the effective date of this Act, and the former |
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law is continued in effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2019. |