SRC-LBB C.S.H.B. 555 78(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 555
By: Chisum (Armbrister)
Natural Resources
4/17/2003
Committee Report (Substituted)

DIGEST AND PURPOSE 

The 77th Texas Legislature amended the notice provisions of the Texas
Clean Air Act (TCAA), as they apply to the relocation of portable
facilities. The intent of the legislation was to provide an exemption from
the TCAA's notice requirements for the relocation of a portable facility
to a site if the portable facility had been located at the site during the
previous two years. Instead, the language that was included in the final
legislation has the opposite effect, requiring notice only if no portable
facility had been located at the site within the prior two years.  

Rules drafted by the Texas Commission on Environmental Quality (TCEQ)
provide for a public notice exemption for portable facilities that
relocate to a site after a prolonged absence (over 24 months).  However,
they also require public notice for the relocation of a portable facility
to a site where the plant has been located at any time during the past two
years.  Essentially the rules require notice for short-term relocations
and exempt portable facilities from public notice when they are relocated
to a site that has been vacant for several years.  This puts an undue
burden on the owners and operators of portable facilities as most are
required to provide public notice every time they relocate their facility
to a previous site.  

C.S.H.B. 555  clarifies that a portable facility relocated to a site where
a portable facility permitted  by TCEQ has been located at any time within
the previous two years, is exempt from the permitting requirements of
Section 382.056. This bill also prohibits TCEQ from issuing permits,
permit amendments, or other authorization for certain portable facilities
or rock crushing facilities. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 382.056, Health and Safety Code, as follows:

(r)  Provides that this section does not apply to the relocation or change
of location of a portable facility to a site where a portable facility
permitted by the Texas Commission on Environmental Quality (TCEQ) has been
located at any time during the previous two years.  Deletes existing text
relating to the location of a portable facility. 

(s)  Prohibits TCEQ from issuing a permit, permit amendment, or other
authorization for certain portable facilities or rock crushing facilities.
Requires TCEQ to mail notice of intent to obtain a permit to the affected
municipality of its receipt of the application, within 30 days of the date
TCEQ determines that an application has been filed for a permit or permit
amendment that is prohibited from being issued pursuant to this
subsection. 

(t)  Requires TCEQ to prohibit a currently permitted rock crushing
facility from being associated with blasting operations that are or will
be located on a tract over an aquifer comprised in whole or in part of
water bearing limestone or dolomite that is the primary source of drinking
water for a municipality if the facility is located in a county adjacent
to a county with a population of 500,000, or more and in which is located
a portion of a  water body into which a discharge is prohibited by TCEQ
under 30 Texas Administrative Code Chapter 311 and if the blasting
operations have not taken place on the tract for ten or more years prior
to April 10, 2003. 

(u)  Requires that for any permit application subject to this section, the
measurement of distances to determine compliance with any location or
distance restriction required by this chapter be taken toward structures
that are in use as of the date that the application is filed with TCEQ. 

SECTION 2.  Effective date: upon passage or September 1, 2003.