Bill Text: TX HB509 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the regulation of aggregate production operations by the Railroad Commission of Texas; authorizing a fee; providing administrative penalties and other civil remedies; creating criminal offenses.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-04-08 - Left pending in committee [HB509 Detail]
Download: Texas-2019-HB509-Introduced.html
86R2617 JXC-D | ||
By: Wilson | H.B. No. 509 |
|
||
|
||
relating to the regulation of 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) "Aggregate production operation" means an | ||
extraction operation at an aggregate production operation site | ||
described by Section 28A.001(1), Water Code. | ||
(2) "Commission" means the Railroad Commission of | ||
Texas. | ||
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. | ||
Sec. 135.0053. COORDINATION BETWEEN AGENCIES. (a) To | ||
avoid duplication, the commission shall establish a process for | ||
coordinating the review and issuance of permits under this chapter | ||
for aggregate production operations with the review and issuance of | ||
any other federal or state authorizations required for the proposed | ||
operations. | ||
(b) In cooperation with the appropriate units of local | ||
government and other state agencies, the commission shall | ||
coordinate and streamline procedures under this chapter to the | ||
extent possible. | ||
(c) The commission may enter into a memorandum of | ||
understanding with the Texas Commission on Environmental Quality, | ||
the Texas Department of Transportation, or another state agency to | ||
implement and administer this chapter or other state law applicable | ||
to aggregate production operations. | ||
SUBCHAPTER C. PERMIT | ||
Sec. 135.0101. PERMIT REQUIRED. A person may not conduct an | ||
aggregate production operation in this state without first | ||
obtaining a permit for that operation from the commission under | ||
this chapter. | ||
Sec. 135.0102. CONTENTS OF PERMIT APPLICATION. A permit | ||
application must be submitted in a manner satisfactory to the | ||
commission and must contain: | ||
(1) the name and address of: | ||
(A) the applicant; | ||
(B) each owner of record of the property from | ||
which aggregates are to be produced; | ||
(C) each holder of record of any leasehold | ||
interest in the property; | ||
(D) the purchaser of record of the property under | ||
a real estate contract; | ||
(E) the operator if the operator is not the | ||
applicant; | ||
(F) the principals, officers, and resident agent | ||
of a person described by Paragraph (A), (B), (C), (D), or (E) if the | ||
person is a business entity other than a sole proprietor; and | ||
(G) the owners of record of the property | ||
adjoining the permit area; | ||
(2) additional information about ownership and | ||
management of the applicant or operator if required by commission | ||
rule; | ||
(3) a copy of the notice required by Section 135.0106; | ||
(4) a description of: | ||
(A) the type and method of the existing or | ||
proposed aggregate production operation; | ||
(B) the engineering techniques proposed or in | ||
use; and | ||
(C) the equipment in use or proposed to be used; | ||
(5) the anticipated or actual starting and termination | ||
dates of each phase of the aggregate production operation and | ||
number of acres of land to be affected; | ||
(6) an accurate map or plan, to an appropriate scale, | ||
clearly showing: | ||
(A) the land to be affected as of the date of the | ||
application; and | ||
(B) the area of land in the permit area on which | ||
the applicant has the right to enter and begin aggregate production | ||
operations; | ||
(7) the documents on which the applicant bases the | ||
applicant's right to enter and begin aggregate production | ||
operations on the affected area, including documentation of any | ||
required permit, license, safety certificate, registration, or | ||
other authorization issued by a federal agency, the Texas | ||
Commission on Environmental Quality, another state agency, or a | ||
political subdivision; | ||
(8) a statement of whether the applicant's right to | ||
enter and begin aggregate production operations on the affected | ||
area is the subject of pending court litigation; | ||
(9) a plan for constructing acceleration and | ||
deceleration lanes for egress from and ingress to the aggregate | ||
production operation to protect public safety; | ||
(10) a description of the types of property | ||
surrounding the permit area and potential impacts of the aggregate | ||
production operation on any residents of the surrounding area; | ||
(11) the distance of the permit area from the closest | ||
residential area; | ||
(12) a description of the potential impacts of the | ||
aggregate production operation on the local economy near the permit | ||
area; and | ||
(13) other data and maps the commission requires by | ||
rule. | ||
Sec. 135.0103. ADDITIONAL PERMIT APPLICATION CONTENTS; | ||
HYDROLOGY ASSESSMENT. (a) In addition to the content required | ||
under Section 135.0102, a permit application must contain: | ||
(1) the name of the watershed and location of the | ||
surface streams or tributaries into which surface and pit drainage | ||
will be discharged; | ||
(2) a determination of the probable hydrologic | ||
consequences of the aggregate production operation, if any, both on | ||
and off the site, with respect to the hydrologic regime and the | ||
quantity and quality of water in surface-water systems and | ||
groundwater systems, including the dissolved and suspended solids | ||
under seasonal flow conditions; and | ||
(3) sufficient data on the site and surrounding area | ||
for the commission to assess the probable cumulative impacts of all | ||
anticipated aggregate production operations in the area on the | ||
hydrology of the area, particularly on water availability. | ||
(b) An applicant may submit the information and | ||
determination required to be included with a permit application | ||
under Subsection (a) separately from the other components of the | ||
application if information on the hydrology of the area is not | ||
available from the appropriate state agencies or political | ||
subdivisions at the time the other components are submitted. A | ||
permit may not be approved until the information and determination | ||
required to be included with a permit application under Subsection | ||
(a) have been submitted to the commission. | ||
(c) After receiving a complete permit application, the | ||
commission, in collaboration with the Texas Commission on | ||
Environmental Quality and any political subdivisions with relevant | ||
jurisdiction, shall: | ||
(1) assess the applicant's hydrologic determination | ||
made under Subsection (a)(2); | ||
(2) assess the probable cumulative impact that all | ||
anticipated aggregate production operations in the area will have | ||
on the hydrologic balance, using the information provided by the | ||
applicant under this section and any other information; and | ||
(3) determine whether the operation proposed in the | ||
application has been designed to prevent material damage to the | ||
hydrologic balance outside the permit area. | ||
Sec. 135.0104. APPLICATION FEES. (a) An application for an | ||
aggregate production operation permit or for revision of a permit | ||
must be accompanied by an application fee determined by the | ||
commission in accordance with a published fee schedule. The | ||
commission shall base the application fee as nearly as possible on | ||
the actual or anticipated cost of reviewing the application. | ||
(b) The application fee may not be less than: | ||
(1) $5,000 for an initial permit; or | ||
(2) $500 for revision of a permit. | ||
Sec. 135.0105. PUBLIC INSPECTION OF APPLICATION. (a) An | ||
applicant for an aggregate production operation permit shall file a | ||
copy of the application for public inspection with the county clerk | ||
of the county in which the production is proposed to occur. | ||
(b) Copies of any records, reports, inspection materials, | ||
or information obtained under this chapter by the commission shall | ||
be made immediately available to the public at central and | ||
sufficient locations in the area of aggregate production so that | ||
they are conveniently available to residents in that area. | ||
Sec. 135.0106. PUBLIC NOTICE BY APPLICANT. At the time the | ||
applicant submits a complete application for an aggregate | ||
production operation permit, the applicant shall publish an | ||
advertisement in a newspaper of general circulation in the locality | ||
of the proposed aggregate production operation at least once a week | ||
for four consecutive weeks that: | ||
(1) shows the ownership and describes the location and | ||
boundaries of the proposed site sufficiently so that the proposed | ||
operation can be readily located; and | ||
(2) states that the application is available for | ||
public inspection at the county courthouse of the county in which | ||
the property lies. | ||
Sec. 135.0107. NOTIFICATION OF POLITICAL SUBDIVISIONS. (a) | ||
The commission shall send notice of a permit application to | ||
planning agencies, sewage and water treatment authorities, special | ||
districts with jurisdiction over water, municipalities, and any | ||
other political subdivisions with relevant jurisdiction in the | ||
locality of the proposed site. | ||
(b) The notice must indicate the application number and the | ||
county courthouse in which a copy of the application can be | ||
inspected. | ||
(c) To facilitate the commission's evaluation of the permit | ||
application content required under Section 135.0102(7), the | ||
commission shall include with the notice a request for the | ||
recipient of the notice to provide to the commission in a timely | ||
manner information on any authorizations or other documents that | ||
the applicant is required to obtain from the recipient before | ||
beginning the aggregate production operation. | ||
Sec. 135.0108. COMMENTS ON LOCAL EFFECTS; OBJECTIONS. (a) | ||
During a period established by the commission, a federal or state | ||
agency, a political subdivision, or any other affected person may | ||
submit to the commission written comments on the potential effects | ||
of the proposed aggregate production operation on the environment | ||
or economy of the locality of the operation. | ||
(b) Not later than the 30th day after the date of the last | ||
publication of notice under Section 135.0106, a federal or state | ||
agency, a political subdivision, or any other affected person may | ||
submit to the commission written objections to the proposed | ||
aggregate production operation. | ||
(c) The commission shall: | ||
(1) immediately send the comments and objections to | ||
the applicant; and | ||
(2) make the comments and objections available to the | ||
public at the same location as the aggregate production operation | ||
permit application. | ||
Sec. 135.0109. REQUEST FOR PUBLIC HEARING; NOTICE. (a) Not | ||
later than the 45th day after the date of the last publication of | ||
notice under Section 135.0106, the applicant or an affected person | ||
may request a hearing on the application. The hearing shall be held | ||
not later than the 30th day after the date the commission receives | ||
the request. | ||
(b) The commission shall publish notice of the date, time, | ||
and location of the public hearing in a local newspaper of general | ||
circulation in the locality of the proposed aggregate production | ||
operation at least once a week for three consecutive weeks before | ||
the scheduled hearing date. | ||
Sec. 135.0110. PROCEDURE. Chapter 2001, Government Code, | ||
applies to a permit application under this chapter. Notice of | ||
hearing and appeal is governed by that chapter, except as provided | ||
by Section 135.0109. | ||
Sec. 135.0111. NOTICE OF APPROVAL OR DENIAL. (a) The | ||
commission shall notify the applicant and each person who submitted | ||
an objection under Section 135.0108 that the permit application has | ||
been approved or denied: | ||
(1) within the time provided by Chapter 2001, | ||
Government Code, if a public hearing is held under Section | ||
135.0109; or | ||
(2) not later than the 45th day after the date of the | ||
last publication of notice of application if a public hearing is not | ||
held. | ||
(b) The notice provided to the applicant under this section | ||
must be written. | ||
Sec. 135.0112. PERMIT APPROVAL OR DENIAL. (a) On the basis | ||
of a complete application for an aggregate production operation | ||
permit or a revision of a permit, as required by this chapter, the | ||
commission shall approve, require modification of, or deny a permit | ||
application. | ||
(b) An applicant for a permit or a permit revision has the | ||
burden of establishing that the application complies with this | ||
chapter. | ||
(c) Not later than the 10th day after the date the | ||
commission issues a permit, the commission shall notify the county | ||
judge in each county in which the land to be affected is located | ||
that a permit has been issued and shall describe the location of the | ||
land. | ||
(d) The commission may deny a permit based on: | ||
(1) a violation by the applicant of a provision of this | ||
chapter or a commission rule adopted under this chapter; | ||
(2) a finding by another state agency that the | ||
applicant has violated a law or rule administered by that agency | ||
related to the proposed aggregate production operation; | ||
(3) the failure of the applicant to obtain an | ||
authorization or document that the applicant is required to obtain | ||
from a federal or state agency or a political subdivision before | ||
beginning the aggregate production operation; | ||
(4) a determination made under Section 135.0103(c) | ||
that the operation has not been designed to prevent material damage | ||
to the hydrologic balance outside the permit area; | ||
(5) a comment or objection submitted under Section | ||
135.0108; or | ||
(6) testimony given in a public hearing held under | ||
Section 135.0109. | ||
Sec. 135.0113. WRITTEN FINDINGS REQUIRED. The commission | ||
may not approve an application for a permit or a permit revision | ||
unless it finds, in writing, using the information in the | ||
application or information otherwise available that will be | ||
documented in the approval and made available to the applicant, | ||
that: | ||
(1) the application is accurate and complete and | ||
complies with this chapter; and | ||
(2) the commission has determined under Section | ||
135.0103(c) that the proposed operation has been designed to | ||
prevent material damage to the hydrologic balance outside the | ||
permit area. | ||
Sec. 135.0114. 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) The rules must require that, except for incidental | ||
boundary changes, a permit revision that involves extending the | ||
aggregate production operation beyond the boundaries authorized in | ||
the permit meet all standards applicable to a new permit | ||
application under this chapter. | ||
Sec. 135.0115. WAIVER FOR CERTAIN OPERATIONS. (a) Except | ||
as provided by Subsection (b), the requirements of this chapter are | ||
waived for an aggregate production operation that, on August 31, | ||
2019: | ||
(1) is registered with the Texas Commission on | ||
Environmental Quality under Chapter 28A, Water Code; and | ||
(2) has all permits, licenses, safety certificates, | ||
registrations, or other authorizations required by law for the | ||
operation of an aggregate production operation, including permits | ||
issued by the Texas Commission on Environmental Quality under | ||
Chapter 382, Health and Safety Code. | ||
(b) The commission by rule shall require that a person | ||
operating an aggregate production operation described by | ||
Subsection (a): | ||
(1) notify the commission of any significant changes | ||
in a condition that would have been evaluated as part of a permit | ||
application process if the operation had been required to obtain a | ||
permit under this chapter; and | ||
(2) obtain a permit under this chapter if the | ||
commission determines that it is appropriate to require a permit. | ||
(c) The commission, in consultation with the Texas | ||
Commission on Environmental Quality, shall publish a list of | ||
aggregate production operations that qualify for a waiver under | ||
this section and update the publication as necessary to provide | ||
information on permits issued under Subsection (b). | ||
SUBCHAPTER D. ENFORCEMENT | ||
Sec. 135.0151. CIVIL OR ADMINISTRATIVE ENFORCEMENT. | ||
Subchapter H, Chapter 134, applies to the civil or administrative | ||
enforcement of this chapter or a rule, order, or permit adopted or | ||
issued under this chapter in the same manner as that subchapter | ||
applies to the civil or administrative enforcement of that chapter | ||
or a rule, order, or permit adopted or issued under that chapter. | ||
Sec. 135.0152. 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 | ||
chapter or does not comply with an order issued under this chapter, | ||
except an order incorporated in a decision issued by the commission | ||
under Section 134.175, as applicable under Section 135.0151. | ||
(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. 135.0153. 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 chapter or under an order of decision issued by the commission | ||
under this chapter. | ||
(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. This Act takes effect September 1, 2019. |