BILL ANALYSIS
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Currently, state law requires notice of a proposed concrete batch plant and related permit within the corporate limits of a city or a county to be sent to the state legislators in whose district the facility will be located. With the massive growth that is occurring in Texas and the accompanying road and highway expansion construction, concrete batch plant on or near construction sites are becoming more numerous and problematic because of air and noise pollution. Although batch plants significantly impact the neighborhoods into which they locate, cities, counties, and their appropriate representatives are not notified when a new concrete batch plant within their boundaries is located until construction begins on the facility or until residents call to complain about the batch plant location. The city is not made aware of the terms of the permit or what rights citizens have concerning the operations and duration of the facility. Committee Substitute House Bill 3308 includes the county judge and the presiding officer of the municipality's governing body in the notice requirement for applications for concrete batch plants.
RULEMAKING AUTHORITY
This bill does not grant any additional rulemaking authority to a state officer, institution or agency.
ANALYSIS
C.S.H.B. 3308 amends the Health and Safety Code to provide that for an application that relates to an existing or proposed concrete batch plant, on receiving an application for a construction permit, an amendment to a construction permit, an operating permit, or an authorization to use a standard permit, the Texas Commission on Environmental Quality (TCEQ) is required to send notice of the application:
· To the county judge of the county in which the facility is or will be located; and
· If the facility is or will be located in a municipality or the extraterritorial jurisdiction of a municipality, to the presiding officer of the municipality's governing body.
EFFECTIVE DATE
September 1, 2007.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute removes the notice requirements in the original which relates to solid waste or hazardous waste facility. The substitute adds additional notice requirement relating to batch plants and requires TCEQ to send notice with regards to batch plants to the county judge of the county in which the facility is or will be located; and if the facility is or will be located in a municipality or the extraterritorial jurisdiction of a municipality, to the presiding officer of the municipality's governing body. The substitute removes that TCEQ is required to send notice regarding a facility that may emit air contaminants to the presiding officer of the municipality's governing body and the city manager or city administrator of the municipality if the facility is or will be located in a municipality or the extraterritorial jurisdiction of a municipality.