Bill Text: TX HB2498 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the procedure for acting on an application for a permit for a surface coal mining and reclamation operation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-15 - Left pending in committee [HB2498 Detail]
Download: Texas-2019-HB2498-Introduced.html
86R14526 JAM-F | ||
By: Paddie | H.B. No. 2498 |
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relating to the procedure for acting on an application for a permit | ||
for a surface coal mining and reclamation operation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 2003, Government Code, is | ||
amended by adding Section 2003.0465 to read as follows: | ||
Sec. 2003.0465. HEARINGS FOR RAILROAD COMMISSION. (a) In | ||
this section: | ||
(1) "Commission" means the Railroad Commission of | ||
Texas. | ||
(2) "Division" means the Surface Mining and | ||
Reclamation Division of the commission. | ||
(b) This section applies only to a hearing conducted on | ||
behalf of the commission under Section 134.062, Natural Resources | ||
Code. | ||
(c) Each issue considered in a hearing referred by the | ||
commission must have been raised in a timely manner by an affected | ||
person in a comment submitted by that affected person in response to | ||
a permit application. | ||
(d) In a contested case hearing, the filing with the hearing | ||
examiner of the final technical assessment of the application, the | ||
application, the recommendation for the issuance of the permit by | ||
the division, and other sufficient supporting documentation in the | ||
administrative record of the permit application establishes a prima | ||
facie demonstration that: | ||
(1) the application meets all state and federal legal | ||
and technical requirements; and | ||
(2) a permit, if issued consistent with the | ||
application and the final technical assessment of the division, | ||
would be eligible for the required findings under Section 134.066, | ||
Natural Resources Code. | ||
(e) A party may rebut a demonstration under Subsection (d) | ||
by presenting evidence that: | ||
(1) relates to an issue for which a hearing is | ||
conducted by the commission under Section 134.062, Natural | ||
Resources Code; and | ||
(2) demonstrates that one or more provisions proposed | ||
in the application violate a specifically applicable state or | ||
federal requirement. | ||
(f) A party rebutting under Subsection (e) a demonstration | ||
made under Subsection (d) bears the burden of persuasion. | ||
(g) If in accordance with Subsections (e) and (f) a party | ||
rebuts a demonstration made under Subsection (d), the applicant or | ||
the division may present additional evidence in rebuttal to support | ||
the application. | ||
SECTION 2. Section 134.062, Natural Resources Code, is | ||
amended by adding Subsections (c) and (d) to read as follows: | ||
(c) For the purpose of a contested case hearing held by or | ||
for the commission, "affected person," "person affected," or | ||
"person who may be affected" means a person who has a personal | ||
justiciable interest related to a legal right, duty, privilege, | ||
power, or economic interest affected by the contested case hearing. | ||
An interest common to members of the public does not qualify as a | ||
personal justiciable interest. | ||
(d) In determining whether a person has a personal | ||
justiciable interest or whether an affected association is entitled | ||
to standing in a contested case hearing within the commission's | ||
jurisdiction, the commission: | ||
(1) may consider: | ||
(A) the merits of the underlying application, | ||
including whether the application meets the requirements for permit | ||
issuance; | ||
(B) the likely effect of regulated activity on | ||
the health and safety of the hearing requestor, and the use of the | ||
hearing requestor's property; | ||
(C) the administrative record, including the | ||
permit application and any supporting documentation; | ||
(D) the analysis and opinions of the Surface | ||
Mining and Reclamation Division of the commission; | ||
(E) whether the interest claimed is protected by | ||
the law governing the permit that is the subject of the application; | ||
(F) whether a reasonable relationship exists | ||
between the interest claimed and the regulated activity; | ||
(G) the likely effect of the regulated activity | ||
on the use of the affected natural resource by the person; | ||
(H) for a governmental entity, the entity's | ||
statutory authority over issues relevant to the application; and | ||
(I) any other expert reports, affidavits, | ||
opinions, or information submitted on or before any applicable | ||
deadline to the commission by the executive director, the | ||
applicant, or a hearing requestor; and | ||
(2) may not find that: | ||
(A) a group or association is an affected person | ||
unless the group or association identifies, by name and physical | ||
address in a timely request for a contested case hearing, a member | ||
of the group or association who would be an affected person in the | ||
person's own right; or | ||
(B) a hearing requestor is an affected person | ||
unless the hearing requestor timely submitted comments on the | ||
permit application. | ||
SECTION 3. (a) The changes in law made by this Act apply | ||
only to: | ||
(1) a permit application that is filed with the | ||
Railroad Commission of Texas on or after the effective date of this | ||
Act; or | ||
(2) a judicial proceeding initiated on or after the | ||
effective date of this Act that challenges an act or decision of the | ||
Railroad Commission of Texas made during a permit proceeding. | ||
(b) A permit application filed or a judicial proceeding | ||
initiated before the effective date of this Act is governed by the | ||
law in effect when the permit application was filed or the judicial | ||
proceeding was initiated, and the former law is continued in effect | ||
for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2019. |