By Denny H.B. No. 3560 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the location of certain concrete, asphalt, and rock 1-3 crushing plants. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter C, Chapter 382, Health and Safety Code, 1-6 is amended by adding Section 382.0535 to read as follows: 1-7 Sec. 382.0535. PROHIBITION ON PERMIT FOR CERTAIN CONCRETE, 1-8 HOT MIX ASPHALT, OR ROCK CRUSHING PLANTS. (a) Notwithstanding any 1-9 other law, the commission may not issue a permit, standard permit 1-10 or permit by rule for a new concrete, hot mix asphalt, or rock 1-11 crushing plant where the outer perimeter of all sources of emission 1-12 would be located less than one mile from a public school or a 1-13 private school accredited by an accrediting organization recognized 1-14 for that purpose by the commissioner of education if the board of 1-15 trustees of the school district where the public school is located 1-16 or if the governing body of the private school: 1-17 (1) provides written notice to the commission before 1-18 the comment period for the permit, standard permit or permit by 1-19 rule or standard permit exemption expires; and 1-20 (2) the notice in Subdivision (1) expressly objects to 1-21 the issuance of the permit, standard permit or permit by rule or 1-22 standard exemption. 1-23 (b) Notwithstanding any other law, the commission may not 2-1 issue a permit, standard permit or permit by rule or exemption for 2-2 a new concrete, hot mix asphalt or rock crushing plant where the 2-3 outer perimeter of all sources of emission would be located less 2-4 than one mile form a residence or other inhabitable structure that 2-5 is occupied or used by a person other than the operator of the 2-6 proposed new concrete, hot mix asphalt or rock crushing plant or 2-7 the owner or operator of the property on which the proposed new 2-8 concrete, hot mix asphalt or rock crushing plant is to be located. 2-9 (c) The commission shall adopt rules to implement this 2-10 section. This section does not apply to the location of a 2-11 temporary or non permanent concrete batch plant used to facilitate 2-12 a public works project authorized by the state or a political 2-13 subdivision of the state. 2-14 (d) This section applies in a county with a population of 2-15 500,000 or more or a county adjacent to a county with a population 2-16 of 500,000 or more. 2-17 SECTION 2. (a) This Act does not apply to a proceeding of 2-18 the Texas Natural Resource Conservation Commission that relates to 2-19 an application for a permit or exemption for a concrete batch plant 2-20 that, on the effective date of this Act, is substantially 2-21 constructed and a permit has been issued. 2-22 (b) An application for a permit or exemption for a concrete 2-23 batch plant that, before the effective date of this Act, is 2-24 substantially constructed, is governed by the law as it existed 2-25 immediately before the effective date of this Act, and the former 2-26 law is continued in effect for that purpose. 3-1 SECTION 3. This Act takes effect September 1, 2001.