SB1758 - Relating to the operation of a cement kiln and the production of aggregates near a semiconductor wafer manufacturing facility.

      S.B. No. 1758         AN ACT   relating to the operation of a cement kiln and the production of   aggregates near a semiconductor wafer manufacturing facility.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 382, Health and Safety Code, is amended   by adding Subchapters M and M-1 to read as follows:   SUBCHAPTER M.   CEMENT OR AGGREGATE PRODUCTION AND SEMICONDUCTOR   WAFER MANUFACTURING FACILITY           Sec. 382.601.  DEFINITIONS. In this subchapter:                 (1)     "Aggregate production operation"   has the meaning   assigned by Section 28A.001, Water Code.                 (2)     "Portland cement kiln" means a system, including   any solid, gaseous, or liquid fuel combustion equipment, used to   calcine and fuse raw materials, including limestone and clay, to   produce portland cement clinker.                 (3)     "Semiconductor wafer manufacturing facility"   means a manufacturing facility that conducts any of the following   processes with respect to semiconductor production:                       (A)  growing single-crystal ingots or boules;                       (B)  wafer slicing;                       (C)  etching and polishing;                       (D)  bonding;                       (E)  cleaning;                       (F)  epitaxial deposition; or                       (G)  metrology.           Sec.   382.602.     LIMITATION OF LIABILITY. An owner or   operator of a facility operating under a new source review permit   issued under this chapter that authorizes the operation of a   portland cement kiln, or the production of aggregates at an   aggregate production operation, is not liable for damages to a   semiconductor wafer manufacturing facility resulting from seismic   or vibrational disturbances caused by the cement or aggregate   production facility owner's or operator's activities on the site of   the cement or aggregate production facility if the cement or   aggregate production facility began operating before the date the   semiconductor wafer manufacturing facility began operating.   SUBCHAPTER M-1. CEMENT OR AGGREGATE PRODUCTION AND SEMICONDUCTOR   WAFER MANUFACTURING FACILITY PILOT PROGRAM: GRAYSON COUNTY           Sec. 382.651.  DEFINITIONS. In this subchapter:                 (1)     "Aggregate production operation" has the meaning   assigned by Section 28A.001, Water Code.                 (2)     "Bureau" means the Bureau of Economic Geology of   The University of Texas at Austin.                 (3)     "Portland cement kiln" means a system, including   any solid, gaseous, or liquid fuel combustion equipment, used to   calcine and fuse raw materials, including limestone and clay, to   produce portland cement clinker.                 (4)     "Semiconductor wafer manufacturing facility" has   the meaning assigned by Section 382.601.           Sec.   382.652.     GRAYSON COUNTY PILOT PROGRAM. This   subchapter applies only to:                 (1)     a semiconductor wafer manufacturing facility that   begins commercial operation after January 1, 2025, and before   December 31, 2025; and                 (2)  a facility that:                       (A)     is proposed to be constructed under or is   operating under a new source review permit that authorizes the   construction or operation of a portland cement kiln; and                       (B)     is associated with a facility that produces   aggregates at an aggregate production operation.           Sec.   382.653.     STUDY AND REPORT. (a)   The bureau shall   conduct a study, in consultation with owners or operators of   facilities described by Section 382.652 in Grayson County, to:                 (1)     analyze seismological data related to aggregate   production operations;                 (2)     assess the vibrational impact of the production of   aggregates on bedrock;                 (3)     analyze vibrational parameters necessary to   ensure the successful operation of a semiconductor wafer   manufacturing facility within 10 miles of a facility described by   Section 382.652(2); and                 (4)     investigate whether a minimum distance between a   facility described by Section 382.652(2) and a semiconductor wafer   manufacturing facility is necessary to prevent seismic or   vibrational disruption to the operation of the semiconductor wafer   manufacturing facility, considering the depth of the excavation   activities conducted for the production of aggregates.           (b)     In conducting the study under this section, the bureau   may:                 (1)  collaborate with:                       (A)     the commission and any other state agency,   political subdivision, or institution of higher education; and                       (B)     any other stakeholder or private entity as   necessary; and                 (2)     enter into a nondisclosure agreement with a   private entity.           (c)     In addition to money appropriated by the legislature to   the bureau for the purpose of this section, the bureau may accept   gifts, grants, and other donations for the purposes of conducting   the study under this section.           (d)     Not later than August 1, 2026, the bureau shall prepare   and submit to the governor, the lieutenant governor, the speaker of   the house of representatives, and each standing legislative   committee with primary jurisdiction over the environment or natural   resources a report on the results of the study conducted under this   section and any recommendations for legislative or other action.           Sec.   382.654.     OPERATIONS WITHIN STUDY AREA. The commission   may not issue, renew, or amend a permit or authorize the use of a   standard permit or a permit by rule under this chapter for the   construction or operation of a facility described by Section   382.652(2) within 10 miles of a facility described by Section   382.652(1) in Grayson County.           Sec.   382.655.     EXPIRATION. This subchapter expires   September 1, 2031.          SECTION 2.  If any provision of this Act or its application   to any person or circumstance is held invalid, the invalidity does   not affect the other provisions or applications of this Act that can   be given effect without the invalid provision or application, and   to this end the provisions of this Act are severable.          SECTION 3.  Section 382.602, Health and Safety Code, as   added by this Act, applies only to a cause of action that accrues on   or after the effective date of this Act.  A cause of action that   accrues before the effective date of this Act is governed by the law   applicable to the cause of action immediately before the effective   date of this Act, and that law is continued in effect for that   purpose.          SECTION 4.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 1758 passed the Senate on   April 15, 2025, by the following vote:  Yeas 23, Nays 7, one   present not voting.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 1758 passed the House on   May 28, 2025, by the following vote:  Yeas 115, Nays 24, three   present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor