Bill Text: TX HB2871 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the regulation of certain aggregate production operations by the Railroad Commission of Texas; authorizing a fee; providing administrative penalties and other civil remedies; creating criminal offenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-08 - Left pending in committee [HB2871 Detail]
Download: Texas-2019-HB2871-Introduced.html
86R5681 JXC-D | ||
By: Biedermann | H.B. No. 2871 |
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relating to the regulation of certain aggregate production | ||
operations by the Railroad Commission of Texas; authorizing a fee; | ||
providing administrative penalties and other civil remedies; | ||
creating criminal offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 4, Natural Resources Code, is amended by | ||
adding Chapter 135 to read as follows: | ||
CHAPTER 135. AGGREGATE PRODUCTION OPERATIONS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 135.0001. DEFINITIONS. In this chapter: | ||
(1) "Affected land" means: | ||
(A) the area from which any materials are to be or | ||
have been displaced in an aggregate production operation; | ||
(B) the area on which any materials that are | ||
displaced are to be or have been deposited; | ||
(C) the haul roads and impoundment basins within | ||
the aggregate production operation; and | ||
(D) other land whose natural state has been or | ||
will be disturbed as a result of the aggregate production | ||
operations. | ||
(2) "Aggregate production operation" means an | ||
extraction operation at an aggregate production operation site | ||
described by Section 28A.001(1), Water Code. | ||
(3) "Commission" means the Railroad Commission of | ||
Texas. | ||
(4) "Operator" and "responsible party" have the | ||
meanings assigned by Section 28A.001, Water Code. | ||
Sec. 135.0002. APPLICABILITY. This chapter applies only to | ||
an aggregate production operation that includes a facility for | ||
which a permit is required under Chapter 382, Health and Safety | ||
Code. | ||
Sec. 135.0003. REPORT. The commission shall provide to the | ||
governor, the lieutenant governor, and the speaker of the house of | ||
representatives an annual report with information regarding the | ||
implementation of this chapter, including: | ||
(1) the results of the survey to locate unregistered | ||
active aggregate production operations under Section 135.0102; | ||
(2) the number and general location of the registered | ||
aggregate production operations; | ||
(3) the number of inspectors trained in multiple areas | ||
related to the inspection of aggregate production operations; | ||
(4) the number of inspections conducted; and | ||
(5) the results of the inspections. | ||
Sec. 135.0004. AGGREGATE PRODUCTION OPERATION REGULATION | ||
ACCOUNT. (a) The aggregate production operation regulation | ||
account is created as an account in the general revenue fund of the | ||
state treasury. | ||
(b) Money in the aggregate production operation regulation | ||
account may be used only by the commission or its employees or | ||
agents for the purposes of this chapter. | ||
Sec. 135.0005. MEMORANDUM OF UNDERSTANDING. The commission | ||
may enter into a memorandum of understanding with the Texas | ||
Commission on Environmental Quality as necessary to administer and | ||
enforce this chapter. | ||
SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION | ||
Sec. 135.0051. GENERAL AUTHORITY OF COMMISSION. To | ||
accomplish the purposes of this chapter, the commission may: | ||
(1) adopt, amend, and enforce rules pertaining to | ||
aggregate production operations consistent with this chapter; | ||
(2) issue permits under this chapter; | ||
(3) conduct hearings under this chapter and Chapter | ||
2001, Government Code; | ||
(4) issue orders requiring a person to take actions | ||
necessary to comply with this chapter or rules adopted under this | ||
chapter; | ||
(5) issue orders modifying previous orders; | ||
(6) issue a final order revoking the permit of a person | ||
who has not complied with a commission order to take action required | ||
by this chapter or rules adopted under this chapter; | ||
(7) hire employees, adopt standards for employment, | ||
and hire or authorize the hiring of outside contractors to assist in | ||
carrying out this chapter; | ||
(8) accept, receive, and administer grants, gifts, | ||
loans, or other money made available from any source for the | ||
purposes of this chapter; and | ||
(9) perform any other duty or act required by or | ||
provided for in this chapter. | ||
Sec. 135.0052. MONITORING, REPORTING, AND INSPECTIONS. (a) | ||
The commission may: | ||
(1) require monitoring and reporting; | ||
(2) enter and inspect aggregate production | ||
operations; and | ||
(3) take other actions necessary to administer, | ||
enforce, or evaluate the administration of this chapter. | ||
(b) For purposes of this section, the commission or its | ||
authorized representative: | ||
(1) without advance notice and on presentation of | ||
appropriate credentials, has the right to enter: | ||
(A) an aggregate production operation; or | ||
(B) premises on which records required to be | ||
maintained are located; and | ||
(2) at reasonable times and without delay, may have | ||
access to and copy records required under this chapter or rules | ||
adopted under this chapter or inspect any monitoring equipment or | ||
method of operation required under this chapter or rules adopted | ||
under this chapter. | ||
(c) The commission shall inspect each active aggregate | ||
production operation in this state for compliance with any | ||
applicable environmental laws and rules under the jurisdiction of | ||
the commission at least once every three years. | ||
(d) The commission may conduct an inspection only after | ||
providing notice to the responsible party in accordance with | ||
commission policy. | ||
(e) Except as provided by Subsection (f), an inspection must | ||
be conducted by one or more inspectors trained in the regulatory | ||
requirements under the jurisdiction of the commission that are | ||
applicable to an active aggregate production operation. If the | ||
inspection is conducted by more than one inspector, each inspector | ||
is not required to be trained in each of the applicable regulatory | ||
requirements, but the combined training of the inspectors must | ||
include each of the applicable regulatory requirements. | ||
(f) An investigation in response to a complaint satisfies | ||
the requirement of an inspection under this section if a potential | ||
noncompliance issue not related to the complaint is observed and | ||
is: | ||
(1) not within an area of expertise of the | ||
investigator but is referred by the investigator to the commission | ||
for further investigation; or | ||
(2) within an area of expertise of the inspector and is | ||
appropriately investigated and appropriately addressed in the | ||
investigation report. | ||
SUBCHAPTER C. REGISTRATION AND SURVEY | ||
Sec. 135.0101. REGISTRATION. (a) The responsible party | ||
for an aggregate production operation shall register the operation | ||
with the commission not later than the 10th business day before the | ||
beginning date of extraction activities and shall renew the | ||
registration annually as extraction activities continue. | ||
(b) After extraction activities at an aggregate production | ||
operation have ceased and the operator has notified the commission | ||
in writing that the operations have ceased, the requirements of | ||
this subchapter are not applicable to the aggregate production | ||
operation. | ||
(c) The commission may not register an aggregate production | ||
operation unless the commission has issued a reclamation permit for | ||
the operation under Subchapter D. | ||
(d) The commission may not register an aggregate production | ||
operation unless the responsible party provides to the commission | ||
documentation of any required permit issued for the operation by | ||
each groundwater conservation district in which the operation is | ||
located. | ||
Sec. 135.0102. SURVEY. (a) The commission annually shall | ||
conduct a physical survey of the state to: | ||
(1) identify all active aggregate production | ||
operations in this state; and | ||
(2) ensure that each active aggregate production | ||
operation in this state is registered with the commission. | ||
(b) The commission may contract with or seek assistance from | ||
a governmental entity or other person to conduct the annual survey | ||
required by Subsection (a) to identify active aggregate production | ||
operations that are not registered under this chapter. | ||
Sec. 135.0103. FEES. (a) A person who registers an | ||
aggregate production operation under this subchapter shall pay | ||
annually an aggregate production operation registration fee to the | ||
commission in an amount established by commission rule. | ||
(b) The commission shall set the annual registration fee in | ||
an amount sufficient to maintain a registry of active aggregate | ||
production operations in this state and implement this chapter, not | ||
to exceed $1,000. | ||
(c) Registration fees collected under this section shall be | ||
deposited in the aggregate production operation regulation account | ||
and may be used only to implement this chapter. | ||
Sec. 135.0104. REGISTRATION PENALTY. The commission may | ||
assess a penalty of not less than $5,000 and not more than $10,000 | ||
for each year in which an aggregate production operation operates | ||
without being registered under this subchapter. The total penalty | ||
under this section may not exceed $25,000 for an aggregate | ||
production operation that is operated in three or more years | ||
without being registered. | ||
SUBCHAPTER D. RECLAMATION PERMIT | ||
Sec. 135.0151. RECLAMATION OBJECTIVE. (a) The basic | ||
objective of reclamation is to reestablish on a continuing basis, | ||
where required, vegetation and other natural conditions consistent | ||
with the anticipated subsequent use of the affected land. | ||
(b) The process of reclamation may require contouring, | ||
terracing, grading, backfilling, resoiling, revegetation, | ||
compaction and stabilization and settling ponds, water | ||
impoundments, diversion ditches, and other water treatment | ||
facilities in order to minimize water diminution to existing water | ||
sources, pollution, soil and wind erosion, or flooding resulting | ||
from extraction or any other activity that may be considered | ||
necessary to accomplish the reclamation of the affected land to a | ||
substantially beneficial condition. | ||
Sec. 135.0152. RECLAMATION PERMIT REQUIRED. (a) A person | ||
may not conduct an aggregate production operation without first | ||
obtaining a reclamation permit for that operation from the | ||
commission under this subchapter. | ||
(b) The commission by rule shall establish requirements for | ||
obtaining a permit. The requirements must: | ||
(1) ensure that the permit holder is capable of | ||
completing a reclamation process for the permit area in a manner | ||
that is compatible with the objective described by Section | ||
135.0151; and | ||
(2) be modeled on the reclamation requirements for | ||
surface mining of uranium and uranium ore under Chapter 131 and | ||
surface coal mining under Chapter 134, including the submission of | ||
a reclamation plan and a performance bond. | ||
Sec. 135.0153. PERMIT APPLICATION AND ISSUANCE. (a) The | ||
commission by rule shall establish requirements for submitting a | ||
permit application. | ||
(b) Chapter 2001, Government Code, applies to a permit | ||
application under this subchapter. | ||
(c) On the basis of a complete application for a permit, the | ||
commission shall approve, require modification of, or deny a permit | ||
application. | ||
(d) An applicant for a permit has the burden of establishing | ||
that the application complies with this subchapter and rules | ||
adopted under this chapter. | ||
Sec. 135.0154. PERMIT REVISIONS. (a) The commission by | ||
rule shall require that a permit holder: | ||
(1) notify the commission of any significant changes | ||
in a condition that the commission evaluated as part of the permit | ||
application process that occur after the permit was issued; and | ||
(2) apply for a permit revision if the commission | ||
determines a revision is appropriate. | ||
(b) A permit revision application is subject to the same | ||
requirements for issuance as an initial permit. | ||
Sec. 135.0155. CIVIL OR ADMINISTRATIVE ENFORCEMENT. | ||
Subchapter H, Chapter 134, applies to the civil or administrative | ||
enforcement of this subchapter or a rule, order, or permit adopted | ||
or issued under this subchapter in the same manner as Subchapter H, | ||
Chapter 134, applies to the civil or administrative enforcement of | ||
that chapter or a rule, order, or permit adopted or issued under | ||
that chapter. | ||
Sec. 135.0156. CRIMINAL PENALTY FOR WILFUL AND KNOWING | ||
VIOLATION. (a) A person commits an offense if the person wilfully | ||
and knowingly violates a condition of a permit issued under this | ||
subchapter or does not comply with an order issued under this | ||
subchapter, except an order incorporated in a decision issued by | ||
the commission under Section 134.175, as applicable under Section | ||
135.0155. | ||
(b) An offense under this section is punishable by: | ||
(1) a fine of not more than $10,000; | ||
(2) imprisonment for not more than one year; or | ||
(3) both the fine and the imprisonment. | ||
Sec. 135.0157. CRIMINAL PENALTY FOR FALSE STATEMENT, | ||
REPRESENTATION, OR CERTIFICATION. (a) A person commits an offense | ||
if the person knowingly makes a false statement, representation, or | ||
certification, or knowingly fails to make a statement, | ||
representation, or certification, in an application, record, | ||
report, or other document filed or required to be maintained under | ||
this subchapter or under an order of decision issued by the | ||
commission under this subchapter. | ||
(b) An offense under this section is punishable by: | ||
(1) a fine of not more than $10,000; | ||
(2) imprisonment for not more than one year; or | ||
(3) both the fine and the imprisonment. | ||
SECTION 2. Subchapter A, Chapter 28A, Water Code, is | ||
amended by adding Section 28A.002 to read as follows: | ||
Sec. 28A.002. APPLICABILITY. This chapter applies only to | ||
an aggregate production operation that does not include a facility | ||
for which a permit is required under Chapter 382, Health and Safety | ||
Code. | ||
SECTION 3. (a) The Texas Commission on Environmental | ||
Quality shall continue to carry out the commission's powers and | ||
duties that are transferred by this Act until the commission and the | ||
Railroad Commission of Texas adopt the memorandum of understanding | ||
required by this section, complete the transfer of the items | ||
specified in the memorandum, and publicly announce that the | ||
transfer is complete. | ||
(b) The Railroad Commission of Texas and the Texas | ||
Commission on Environmental Quality shall enter into a memorandum | ||
of understanding that: | ||
(1) identifies in detail the applicable powers and | ||
duties that are transferred by this Act; | ||
(2) establishes a plan for the identification and | ||
transfer of any records, personnel, property, and unspent | ||
appropriations of the Texas Commission on Environmental Quality | ||
that are used solely for purposes of the powers and duties that are | ||
transferred by this Act; and | ||
(3) establishes a plan for the transfer of any pending | ||
applications, hearings, rulemaking proceedings, and orders | ||
relating to the powers and duties that are transferred by this Act. | ||
(c) The executive directors of the Railroad Commission of | ||
Texas and the Texas Commission on Environmental Quality may agree | ||
in the memorandum of understanding under this section to transfer | ||
to the Railroad Commission of Texas any personnel of the Texas | ||
Commission on Environmental Quality whose functions predominantly | ||
involve powers and duties related to the powers and duties that are | ||
transferred by this Act. | ||
(d) A rule, form, policy, procedure, or decision of the | ||
Texas Commission on Environmental Quality related to a power or | ||
duty transferred under this Act continues in effect as a rule, form, | ||
policy, procedure, or decision of the Railroad Commission of Texas | ||
and remains in effect until amended or replaced by that agency. | ||
SECTION 4. This Act takes effect September 1, 2019. |