SRC-PNG S.B. 1298 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1298
76R6138 SMH-DBy: Brown
Natural Resources
3/29/1999
As Filed


DIGEST 

Currently, under Texas law, concrete batch plants are eligible for a
standard exemption permit from the Texas Natural Resource Conservation
Commission (TNRCC).  Prior to the granting of the standard exemption
permit, concrete batch plants are required to provide public notice and may
be required to participate in a public hearing.  Air dispersion modeling
has been introduced at the public hearing, greatly increasing the cost to
the applicant and TNRCC.  TNRCC has concluded after extensive research,
that the rules and regulations pertaining to the standard exemption for
concrete batch plants were protective.  This bill would create a
prohibition on requiring air dispersion modeling before beginning
construction of a concrete plant under certain circumstances. 

PURPOSE

As proposed, S.B. 1298 creates a prohibition on requiring air dispersion
modeling before beginning construction of a concrete plant under certain
circumstances. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 382.058, Health and Safety Code, by adding
Subsection (d), to prohibit the Texas Natural Resource Conservation
Commission (TNRCC) from requiring that a person who qualifies for the
exemption conduct air dispersion modeling before beginning construction of
a concrete plant, and evidence regarding air dispersion modeling may not be
submitted at a hearing under Section 382.056, if TNRCC considers air
dispersion modeling information in the course of adopting an exemption
under Section 382.057 for a concrete plant that performs wet batching, dry
batching, or central mixing. 

SECTION 2. Amends the heading to Section 382.058, Health and Safety Code,
as follows: 

Sec.  382.058.  New heading: PROVISIONS RELATING TO COMMISSION EXEMPTION
FOR CONSTRUCTION OF CERTAIN CONCRETE PLANTS.   

SECTION 3.   Emergency clause.
  Effective date: upon passage.