SRLBB, S-AMY, JLB, EPT S.B. 1272 78(R)BILL ANALYSIS


Senate Research CenterS.B. 1272
By: Armbrister
          Natural Resources
7/8/2003
Enrolled
 


DIGEST AND PURPOSE 

S.B. 1272 exempts certain concrete batch plants from the contested case
hearings process if they are constructed using more enhanced environmental
standards as required by the Texas Commission on Environmental Quality
(TCEQ).  The more protective environmental requirements for these plants
could reduce the fugitive emissions from these types of facilities by 50
percent.  In lieu of the contested case hearings process, a public meeting
would be required and administered by TCEQ to invite public testimony from
the neighboring public.  Those facilities that do not meet the enhanced
environmental regulations set forth by this statute would be subject to
the contested hearings process as required by Section 382.058 of the Texas
Health and Safety Code. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 382.05101, Health and Safety Code, to authorize
the Texas Commission on Environmental Quality (TCEQ) to develop  by rule
the criteria to establish a de minimis level of air contaminants for
facilities or groups of facilities below which a permit under Section
382.0518 or 382.0519, a standard permit under Section 382.05195 or
382.05198, or a permit by rule under Section 382.05196 is not required. 

SECTION 2.  Amends Section 382.0511(c), Health and Safety Code, to make a
conforming change regarding Section number 382.05198. 

SECTION 3.  Amends Subchapter C, Chapter 382, Health and Safety Code, by
adding Sections 382.05198 and 382.05199, as follows: 

Sec. 382.05198.  STANDARD PERMIT FOR CERTAIN CONCRETE PLANTS.  (a)
Requires TCEQ to issue a standard permit for a permanent concrete plant
that performs wet batching, dry batching, or central mixing and that meets
certain requirements. 

(b)  Requires TCEQ, notwithstanding Subsection (a)(18), to issue a
standard permit for a permanent concrete plant that performs wet batching,
dry batching, or central mixing and does not meet the requirements of that
subdivision if the plant meets the other requirements of Subsection (a)
and: 

(1)  each road, parking lot, and other traffic area located within the
distance of a property line provided by Subsection (a)(18) is bordered by
dust-suppressing fencing or another barrier at least 12 feet high; and 

(2)  each stockpile located within the applicable distance of a property
line is contained within a three-walled bunker that extends at least two
feet above the top of the stockpile. 

Sec. 382.05199.  STANDARD PERMIT FOR CERTAIN CONCRETE BATCH  PLANTS:
NOTICE AND HEARING.  (a)  Prohibits a person from beginning construction
of a permanent concrete plant that performs wet batching, dry batching, or
central mixing under a standard permit issued under Section 382.05198
unless the commission authorizes the person to use the permit as provided
by this section.  Provides that the notice and hearing requirements of
Subsections (b)-(g) apply only to an applicant for authorization to use a
standard permit issued under Section 382.05198.  Requires an applicant for
a permit for a concrete plant that does not meet the requirements of a
standard permit issued under Section 382.05198 to comply with certain
sections.  

(b)  Requires an applicant for an authorization to use a standard permit
under Section 382.05198 to publish notice under this section not later
than the earlier of certain dates. 

(c)  Requires the applicant to publish notice at least once in a newspaper
of general circulation in the municipality in which the plant is proposed
to be located or in the municipality nearest to the proposed location of
the plant.  Provides that if the elementary or middle school nearest to
the proposed plant provides a bilingual education program as required by
Chapter 29B, Education Code, the applicant is required to also publish the
notice at least once in an additional publication of general circulation
in the municipality or county in which the plant is proposed to be located
that is published in the language taught in the bilingual education
program.  Provides that this requirement is waived if such a publication
does not exist or if the publisher refuses to publish the notice. 
 
(d)  Requires the notice to include certain information.

(e)  Provides that the public comment period begins on the first date
notice is published under Subsection (b) and extends to the close of the
public hearing. 
 
(f)  Provides that Section 382.056 of this code and Chapter 2001,
Government Code, do not apply to a public hearing held under this section.
Provides that a public hearing held under this section is not an
evidentiary proceeding. Authorizes any person to submit an oral or written
statement concerning the application at the public hearing.  Authorizes
the applicant to set reasonable limits on the time allowed for oral
statements at the public hearing. 
 
(g)  Requires the applicant, in cooperation with the executive director,
to hold the public hearing not less than 30 days and not more than 45 days
after the first date notice is published under Subsection (b).  Requires
the public hearing to be held in the county in which the plant is proposed
to be located. 
 
(h)  Requires the executive director not later than the 35th day after the
date the public hearing is held, to approve or deny the application for
authorization to use the standard permit.  Requires the executive director
to base the decision on whether the application meets the requirements of
Section 382.05198.  Requires the executive director to consider all
comments received during the public comment period and at the public
hearing in determining whether to approve the application.  Requires the
executive director, if the executive director denies the application, to
state the reasons for the denial and any modifications to the application
that are necessary for the proposed plant to qualify for the
authorization. 

(i)  Requires the executive director to issue a written response to any
public comments received related to the issuance of an authorization to
use the standard permit at the same time as or as soon as practicable
after the executive director grants or denies the application.  Provides
that issuance of the response after the granting or denial of the
application does not affect the validity of the executive director's
decision to grant or deny the application.  Requires the executive
director to mail the response to each person who filed a comment and make
the  response available to the public. 

SECTION 4.  Effective date:  September 1, 2003.