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.