HBA-KDB C.S.H.B. 3560 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3560 By: Denny Environmental Regulation 5/4/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Concrete and hot mix asphalt plants are a source of pollution because of the emission of particulate matter. There is concern that such plants may apply to the Texas Natural Resource Conservation Commission (TNRCC) for a permit to operate close to a residential neighborhood, which may cause health and welfare problems for residents. C.S.H.B. 3560 prohibits TNRCC from issuing such a permit for a new concrete or hot mix asphalt plant if the proposed plant is to be located within 440 yards of a residence or a habitable structure. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Natural Resource Conservation Commission in SECTION 1 (Section 382.0535, Health and Safety Code) of this bill. ANALYSIS C.S.H.B. 3560 amends the Health and Safety Code to prohibit the Texas Natural Resource Conservation Commission (TNRCC) by rule from issuing a permit, standard permit, or permit by rule for a nonpermanent concrete or hot mix asphalt plant if the proposed plant is to be located within 440 yards of a residence or other habitable structure that is occupied, is available for occupation, or is used by a person other than the proposed plant operator or permit applicant unless the operator or applicant will use a suction shroud or other pickup device installed at the batch drop point. The bill requires TNRCC to adopt rules to implement this Act. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3560 modifies the original bill by removing provisions regarding rock crushing plants. The substitute removes provisions that prohibited the Texas Natural Resource Conservation Commission (TNRCC) from issuing a permit, standard permit, or permit by rule (permit) for a plant where the outer perimeter of all sources of emission would be located less than one mile from a public or private school. The substitute prohibits TNRCC from issuing a permit by rule for a plant if the proposed plant is to be located within 440 yards of a residence or a habitable structure whereas the original bill prohibited TNRCC from issuing a permit for a plant where the outer perimeter of all sources of emission would be located less than one mile from a residence or other inhabitable structure. The substitute provides that the plant operator or permit applicant may be granted a permit if the operator or applicant will use a suction shroud or other pickup device installed at the batch drop point. The substitute removes the provision that specified that the Act does not apply to the location of a temporary or nonpermanent concrete batch plant used to facilitate a public works project. The substitute removes the provision that the Act applies in a county with a population of 500,000 or more or a county adjacent to a county with a population of 500,00 or more.