SRC-TAG S.B. 913 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 913
78R5659 JTS-FBy: Fraser
Natural Resources
3/17/2003
As Filed


DIGEST AND PURPOSE 

Current Texas law requires  rock crushing facilities to obtain an air
permit from the Texas Commission on Environmental Quality (TCEQ) before
commencing their operation.  However, an air permit does not take into
account the groundwater and surface water in the area, the effect on roads
and vehicle traffic in the area and other health and safety concerns of
the county residents.  As proposed, S.B. 913 adds a local control element
into the permitting process as well as additional requirements to the
permitting process for rock crushers.  

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 382.003(6), Health and Safety Code, to make a
conforming change by redefining "facility." 

SECTION 2.  Amends Chapter 382C, Health and Safety Code, by adding Section
382.0531, as follows: 
 
Sec.  382.0531.  PERMITS FOR ROCK CRUSHERS.  (a)  Prohibits the Texas
Commission on Environmental Quality (TCEQ) from issuing a permit under
Section 382.0518 to construct a new rock crusher in certain circumstances. 

(b)  Requires an applicant to submit certain information before TCEQ may
issue a permit to construct a new rock crusher. 

(c)  Requires an applicant for a permit to mail notice to each residential
or business address located within one mile of the property boundary  of
the property on which the rock crusher is to be located and to each owner
of real property located within one mile of the boundary of the property
on which the rock crusher is to be located that is listed in the real
property appraisal records of the appraisal district in which the rock
crusher is to be located as of the date the applicant, submits the
application. Requires the notice to be deposited with the United States
Postal Service by the 30th day after the date the applicant submits an
application to the TCEQ.  

  (d)  Requires a permit to construct a new rock crusher meet certain
requirements.  

(e)  Requires a permit to construct a new rock crusher meet certain limits
and standards. 

(f)  Requires the baseline against which air quality degradation is
measured to be determined by making a direct and specific measurement of
the air quality in the fivemile radius of the rock crusher before the rock
crusher begins operation.  Requires the TCEQ, if a rock crusher is to be
located within five miles of two existing rock crushers, to monitor the
air quality in the five-mile radius of the proposed rock crusher for at
least one year to establish a baseline against which air quality is
measured. 

(g)  Provides that the requirements of this section other than the
requirements of Subsection (a) also apply to a permit under Section
382.0518 to modify an existing rock crusher.  Provides that modification
of an existing rock crusher includes an expansion of the associated
quarry. 

SECTION 3.  Effective date:  September 1, 2003.
            Makes application of this Act prospective.