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AN ACT
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relating to regulation by the Railroad Commission of Texas of |
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uranium exploration. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 131.001, 131.002, and 131.003, Natural |
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Resources Code, are amended to read as follows: |
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Sec. 131.001. SHORT TITLE. This chapter may be cited as the |
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Texas Uranium Exploration, Surface Mining, and Reclamation Act. |
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Sec. 131.002. DECLARATION OF POLICY. The legislature finds |
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and declares that: |
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(1) the extraction of minerals by surface mining |
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operations is a basic and essential activity making an important |
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contribution to the economic well-being of the state and nation; |
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(2) proper reclamation of land explored for minerals |
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and surface-mined land is necessary to prevent undesirable land and |
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water conditions that would be detrimental to the general welfare, |
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health, safety, and property rights of the citizens of this state; |
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(3) surface mining takes place in diverse areas where |
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the geologic, topographic, climatic, biological, and social |
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conditions are significantly different and that reclamation |
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operations and the specifications for reclamation operations must |
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vary accordingly; |
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(4) it is not always possible to explore for or to |
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extract minerals required by our society without disturbing the |
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[surface of the] earth and producing waste materials, and the very |
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character of certain types of surface mining operations |
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occasionally precludes complete restoration of the affected land to |
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its original condition; |
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(5) unregulated surface mining may destroy or diminish |
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the utility of land for commercial, industrial, residential, |
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recreational, agricultural, and forestry purposes by causing |
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erosion and landslides, by contributing to floods, by polluting the |
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water, by destroying fish and wildlife habitats, by impairing |
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natural beauty, by damaging the property of citizens, by creating |
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hazards dangerous to life and property, by degrading the quality of |
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life in local communities, and by counteracting governmental |
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programs and efforts to conserve soil, water, and other natural |
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resources, which results are declared to be inimical to the public |
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interest and destructive to the public health, safety, welfare, and |
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economy of the State of Texas; |
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(6) due to its unique character or location, some land |
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within the state may be unsuitable for all or certain types of |
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surface mining operations; |
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(7) reclamation of land explored for minerals and |
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surface-mined land as provided by this chapter will allow the |
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mining of valuable minerals in a manner designed for the protection |
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and subsequent beneficial use of land; and |
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(8) the requirements of this chapter for reclamation |
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and maintenance of affected land are necessary for the public |
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health and safety and thus constitute a valid application of the |
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police power of this state. |
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Sec. 131.003. PURPOSES. It is declared to be the purpose of |
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this chapter: |
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(1) to prevent the adverse effects to society and the |
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environment resulting from unregulated surface mining operations |
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as defined in this chapter; |
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(2) to assure that the rights of surface landowners |
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and other persons with a legal interest in the land or appurtenances |
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to the land are protected from unregulated surface mining |
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operations; |
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(3) to assure that surface mining operations are not |
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conducted where reclamation as required by this chapter is not |
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possible; |
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(4) to assure that exploration and surface mining |
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operations are conducted in a manner that will prevent unreasonable |
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degradation of land and water resources; and |
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(5) to assure that reclamation of all explored land |
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and surface-mined land is accomplished as contemporaneously as |
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practicable with the exploration or surface mining, recognizing |
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that the exploration for and extraction of minerals by responsible |
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[mining] operations is an essential and beneficial economic |
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activity. |
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SECTION 2. Section 131.004(10), Natural Resources Code, is |
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amended to read as follows: |
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(10) "Surface mining permit" or "permit" means the |
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written certification by the commission that the named operator may |
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conduct the surface mining operations described in the |
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certification during the term of the surface mining permit and in |
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the manner established in the certification. These terms do not |
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include: |
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(A) a discharge permit issued by the commission |
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pursuant to Subchapter H of this chapter; or |
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(B) an exploration permit issued by the |
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commission pursuant to Subchapter I of this chapter. |
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SECTION 3. Sections 131.021, 131.022, 131.034, 131.048, and |
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131.301, Natural Resources Code, are amended to read as follows: |
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Sec. 131.021. GENERAL AUTHORITY OF COMMISSION. In seeking |
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to accomplish the purposes of this chapter, the commission shall |
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have the authority: |
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(1) to adopt and amend rules pertaining to |
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exploration, surface mining, and reclamation operations consistent |
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with the general intent and purposes of this chapter; |
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(2) to issue permits pursuant to the provisions of |
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this chapter; |
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(3) to conduct hearings pursuant to the provisions of |
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this chapter; |
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(4) to issue orders requiring an operator to take |
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actions that are necessary to comply with this chapter and with |
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rules adopted under this chapter; |
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(5) to issue orders modifying previous orders; |
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(6) to issue a final order revoking the permit of an |
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operator who has failed to comply with an order of the commission to |
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take action required by this chapter or rules adopted under this |
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chapter; |
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(7) to order the immediate cessation of an ongoing |
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exploration or surface mining operation if the commission finds |
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that the operation creates an imminent danger to the health or |
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safety of the public, or is causing or can reasonably be expected to |
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cause significant imminent environmental harm to land, air, or |
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water resources, and to take other action or make changes in a |
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permit that are reasonably necessary to avoid or alleviate these |
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conditions; |
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(8) to hire employees, adopt standards for employment |
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of these persons, and hire and authorize the hiring of outside |
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contractors to assist in carrying out the requirements of this |
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chapter; |
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(9) to enter on and inspect, in person or by its |
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agents, an exploration or a surface mining operation that is |
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subject to the provisions of this chapter to assure compliance with |
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the terms of this chapter; |
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(10) to conduct, encourage, request, and participate |
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in studies, surveys, investigations, research, experiments, |
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training, and demonstrations by contract, grant, or otherwise; |
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(11) to prepare reports and to require persons who |
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hold exploration or surface mining permits [permittees] to prepare |
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reports; |
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(12) to collect and disseminate to the public |
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information considered reasonable and necessary for the proper |
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enforcement of this chapter; |
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(13) to accept, receive, and administer grants, gifts, |
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loans, or other funds made available from any source for the |
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purposes of this chapter; |
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(14) to enter into contracts with state boards and |
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agencies that have pertinent expertise to obtain professional and |
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technical services necessary to carry out the provisions of this |
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chapter; and |
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(15) to perform other duties and acts required by and |
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provided for in this chapter. |
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Sec. 131.022. JURISDICTION OF COMMISSION. (a) The |
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commission is the mining and reclamation authority for the State of |
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Texas and has exclusive jurisdiction for establishing reclamation |
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requirements for mining and exploration operations in this state, |
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except for in situ recovery processes. |
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(b) Except as provided by Section 131.354, the commission |
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has exclusive jurisdiction and is solely responsible for the |
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regulation of all exploration activities. |
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Sec. 131.034. EXPLORATION ACTIVITIES. The commission shall |
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promulgate rules governing uranium exploration activity [in the
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manner provided in Sections 131.026 through 131.031 of this code
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for the conduct of exploration activities]. |
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Sec. 131.048. CONFIDENTIALITY. Information submitted to |
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the commission concerning mineral deposits, including test |
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borings, core samplings, geophysical logs, or trade secrets or |
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privileged commercial or financial information relating to the |
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competitive rights of the applicant for an exploration permit or |
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surface mining permit and specifically identified as confidential |
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by the applicant, if not essential for public review as determined |
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by the commission, shall not be disclosed by any member, agent, or |
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employee of the commission. |
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Sec. 131.301. DISCHARGE RULES, ORDERS, AND PERMITS. To |
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prevent the pollution of surface and subsurface water in the state, |
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the commission has the exclusive authority to [shall] adopt rules |
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and may issue orders and permits relating to the discharge or runoff |
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of waste or any other substance or material from any permitted |
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uranium exploration activity. Notwithstanding any provision of any |
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other section of this chapter, a rule adopted, order issued, or |
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permit issued [issuable] by the commission under this subchapter |
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shall be [issued,] administered[,] and enforced solely in the |
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manner provided by [in] this subchapter by the[, in such] rule, |
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order, or permit, or by [in] Chapter 2001, Government Code. |
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SECTION 4. Section 131.261(a), Natural Resources Code, is |
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amended to read as follows: |
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(a) On the basis of any inspection, if the commission or its |
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authorized representative or agent determines that a condition or |
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practice exists or that a permittee is in violation of a requirement |
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of this chapter or a permit condition required by this chapter, and |
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that this condition, practice, or violation also creates an |
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imminent danger to the health or safety of the public or is causing |
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or can reasonably be expected to cause significant imminent harm to |
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land, air, or water resources, a member of the commission shall |
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immediately order a cessation of exploration or surface mining |
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operations on the portion of the area relevant to the condition, |
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practice, or violation. |
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SECTION 5. Sections 131.262(a) and (b), Natural Resources |
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Code, are amended to read as follows: |
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(a) On the basis of an inspection, if the commission or its |
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authorized representative or agent determines that a permittee is |
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in violation of a requirement of this chapter or a permit condition |
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required by this chapter, but the violation does not create an |
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imminent danger to the health or safety of the public or is not |
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causing or reasonably expected to cause significant imminent harm |
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to land, air, or water resources, the commission shall issue a |
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notice to the permittee or the permittee's [his] agent setting a |
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reasonable time not to exceed 30 days for the abatement of the |
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violation. The commission may authorize an extension of the period |
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of time for the abatement of the violation, for good cause as |
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determined by a written finding by the commission. |
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(b) If, on expiration of the period of time as originally |
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set or subsequently extended, [for good cause shown, and on written
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finding of the commission,] the commission finds that the violation |
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has not been abated, it may order a cessation of exploration or |
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surface mining operations on the portion of this area relevant to |
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the violation. However, if requested by the operator, a hearing |
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must be held prior to a commission finding or order. |
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SECTION 6. Chapter 131, Natural Resources Code, is amended |
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by adding Subchapter I to read as follows: |
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SUBCHAPTER I. PERMITS FOR EXPLORATION ACTIVITIES |
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Sec. 131.351. APPLICABILITY OF SUBCHAPTER. (a) If this |
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subchapter conflicts with other law, this subchapter controls. |
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(b) Sections 131.037, 131.038, 131.039, 131.040, 131.041, |
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131.042, 131.043, 131.044, and 131.045 do not apply to exploration |
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activity subject to an exploration permit issued under this |
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subchapter. |
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Sec. 131.352. EXPLORATION PERMITS. (a) A person may not |
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conduct exploration activity unless the person holds an exploration |
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permit issued by the commission. |
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(b) An exploration permit issued by the commission may |
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contain provisions and conditions necessary to implement the |
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policies of this subchapter. The commission shall adopt rules |
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governing the amendment, revocation, transfer, or suspension of an |
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exploration permit. |
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(c) A person may conduct exploration activities under an |
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exploration permit issued by the commission until the term expires |
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or may apply for a new exploration permit issued under this |
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subchapter if: |
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(1) the person has been exploring under an exploration |
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permit issued before June 1, 2007; or |
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(2) the person has a pending application on file |
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before June 1, 2007, and is issued the exploration permit after that |
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date. |
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(d) On expiration of an exploration permit held by a person |
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described by Subsection (c)(1) or (2), the person may apply for an |
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exploration permit renewal under this subchapter. |
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Sec. 131.353. SCOPE OF EXPLORATION PERMIT. (a) An |
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exploration permit may govern all activities associated with |
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determining the location, quantity, or quality of uranium deposits. |
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(b) An exploration permit must contain provisions to |
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govern: |
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(1) locating, drilling, plugging, and abandoning |
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exploration holes; |
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(2) casing exploration holes for use in the |
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exploration process; |
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(3) using cased exploration wells for rig supply |
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purposes; and |
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(4) plugging and abandoning cased exploration wells. |
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(c) Except as provided by Section 131.354, a cased |
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exploration well subject to an exploration permit issued under this |
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subchapter is exempt from regulation by another agency, |
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governmental entity, or political subdivision if the well is: |
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(1) used for exploration; or |
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(2) used for rig supply purposes. |
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Sec. 131.354. COMMISSION JURISDICTION. (a) The commission |
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has jurisdiction over uranium exploration holes and cased |
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exploration wells completed under an exploration permit issued |
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under this subchapter until: |
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(1) exploration holes and cased exploration wells are |
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properly plugged and abandoned; or |
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(2) cased exploration wells are: |
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(A) registered with the Texas Commission on |
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Environmental Quality; or |
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(B) included in an area permit issued by the |
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Texas Commission on Environmental Quality under Chapter 27, Water |
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Code. |
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(b) A well described by Section 131.353(c) is subject to a |
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groundwater conservation district's rules regarding registration |
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of wells if: |
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(1) the well is located in the groundwater |
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conservation district and the well is used for monitoring purposes; |
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and |
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(2) the cumulative amount of water produced from the |
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wells located inside the area subject to the exploration permit and |
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completed under the exploration permit issued under this subchapter |
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exceeds 40 acre feet in one year. |
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(c) A well described by Section 131.353(c) is subject to a |
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groundwater conservation district's rules for registration, |
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production, and reporting if: |
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(1) the well is located in the groundwater |
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conservation district and the well is used for rig supply purposes; |
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and |
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(2) the cumulative amount of water produced from the |
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wells located inside the area subject to the exploration permit and |
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completed under the exploration permit issued under this subchapter |
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exceeds 40 acre feet in one year. |
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(d) Each month, the holder of an exploration permit |
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governing a well described by Section 131.353(c) and located in a |
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groundwater conservation district shall report to the district the |
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total amount of water produced from each well described by Section |
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131.353(c) and located inside the area subject to the exploration |
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permit. |
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(e) Each groundwater conservation district shall use the |
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number of acres described in the exploration permit in determining |
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any district production requirements. |
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Sec. 131.355. APPLICATION FEES. (a) The commission may |
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impose an application fee to recover the costs of administering |
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this subchapter. |
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(b) Section 131.231 does not apply to a fee imposed under |
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this subchapter. |
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Sec. 131.356. NOTIFICATION BY COMMISSION. (a) At the time |
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the commission receives an application for an exploration permit, |
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the commission shall provide written notice of the exploration |
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permit application to: |
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(1) each groundwater conservation district in the area |
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in which the permitted exploration will occur; |
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(2) the mayor and health authority of each |
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municipality in the area in which the permitted exploration will |
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occur; |
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(3) the county judge and health authority of each |
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county in the area in which the permitted exploration will occur; |
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and |
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(4) each member of the legislature who represents the |
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area in which the proposed exploration will occur. |
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(b) At the time the commission issues an exploration permit |
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under this subchapter, the commission shall provide written notice |
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of the exploration permit to: |
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(1) each groundwater conservation district in the area |
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in which the permitted exploration will occur; |
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(2) the mayor and health authority of each |
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municipality in the area in which the permitted exploration will |
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occur; |
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(3) the county judge and health authority of each |
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county in the area in which the permitted exploration will occur; |
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and |
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(4) each member of the legislature who represents the |
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area in which the proposed exploration will occur. |
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Sec. 131.357. GEOLOGIC, HYDROLOGIC, WATER QUALITY, AND WELL |
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INFORMATION. (a) A person issued an exploration permit under this |
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subchapter that authorizes exploration in a groundwater |
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conservation district shall provide to the district: |
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(1) pre-exploration water quality information from: |
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(A) each existing well located in the district |
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that is tested by the person before exploration; and |
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(B) the following wells, as applicable: |
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(i) each existing well located inside the |
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area subject to the exploration permit, if there are fewer than 10 |
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existing wells located inside that area; or |
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(ii) 10 existing wells that are distributed |
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as evenly as possible throughout the area subject to the |
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exploration permit, if there are at least 10 existing wells located |
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inside that area; |
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(2) pre-mining water quality information from: |
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(A) each existing well in the jurisdiction of the |
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groundwater conservation district that the person tests during |
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exploration; and |
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(B) cased exploration wells completed under the |
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exploration permit issued under this subchapter; and |
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(3) well logs that do not contain confidential |
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information as described by Section 131.048. |
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(b) A person may take not more than 90 days after the person |
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receives the final information to perform standard quality control |
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and quality assurance procedures before submitting the information |
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as required by Subsection (a). |
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(c) If the commission issues to a person an exploration |
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permit under this subchapter that governs wells described by |
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Section 131.353(c) that are located inside a groundwater |
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conservation district, the person shall provide to the district: |
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(1) the person's name, address, and telephone number; |
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and |
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(2) the following information with regard to the wells |
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described by Section 131.353(c): |
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(A) well completion information for each well in |
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the district; |
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(B) the location of each well in the district, |
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including a legal description and the acreage of the property where |
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the well is located; |
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(C) verification that each well will be used for |
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an industrial purpose; and |
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(D) the type and capacity of the pump used in each |
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well. |
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SECTION 7. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3837 was passed by the House on May |
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11, 2007, by the following vote: Yeas 139, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3837 on May 25, 2007, by the following vote: Yeas 134, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3837 was passed by the Senate, with |
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amendments, on May 22, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |