84R13708 SLB-D
 
  By: Garcia S.B. No. 1786
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of petroleum coke storage and transport.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 341, Health and Safety Code, is amended
  by adding Subchapter G to read as follows:
  SUBCHAPTER G. REGULATION OF PETROLEUM COKE STORAGE AND TRANSPORT
         Sec. 341.101.  DEFINITIONS. In this subchapter:
               (1)  "Fugitive dust" means any solid particulate matter
  that becomes airborne by natural or human activity. The term does
  not include exhaust from a combustion engine or particulate matter
  emitted from a properly permitted exhaust stack equipped with a
  functioning pollution control device. 
               (2)  "Petroleum coke" means a solid, carbonaceous
  residue produced from a coker after cracking and distillation in a
  petroleum refining operation, including a residue produced by
  petroleum upgrading.
               (3)  "Political subdivision" means a municipality,
  county, or special district.
         Sec. 341.102.  REGULATION BY POLITICAL SUBDIVISION. (a)  To
  prevent fugitive dust from petroleum coke, a political subdivision
  may adopt regulations governing petroleum coke storage or transport
  in the jurisdiction of the political subdivision.
         (b)  Regulations under this section may provide for:
               (1)  storage facility setback requirements;
               (2)  fugitive dust control measures, including
  enclosure requirements; and
               (3)  penalty provisions for noncompliance with
  regulations.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.