By: Wilson H.B. No. 4409
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
 
  relating to monitoring emissions of air contaminants from certain
  mining-related facilities; imposing of a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 382, Health and Safety
  Code, is amended by adding Section 382.069 to read as follows:
         Sec. 382.069.  MONITORING OF EMISSIONS FROM MINING-RELATED
  FACILITIES; FEES DEPOSITED TO FUND.  (a)  This section applies only
  to a person who holds a permit issued under this chapter relating
  to:
               (1)  the production of aggregates, as defined by
  Section 28A.001, Water Code;
               (2)  the operation of a concrete plant that performs
  wet batching, dry batching, or central mixing; or
               (3)  the operation of a hot mix asphalt plant.
         (b)  The commission by rule shall require as a condition of a
  permit that the permit holder install and maintain equipment to
  monitor in real time emissions of air contaminants from the
  permitted facility.  The rules must require that:
               (1)  the equipment monitor emissions at the point on
         (c)  The commission shall maintain a publicly accessible
  Internet website to provide data collected under this section to
  the public.
         (d)  The commission shall adopt, charge, and collect a fee
  from permit holders to cover the costs of operating the Internet
  website.
         (e)  The mining monitoring fees account is an account in the
  general revenue fund. The account is composed of fees collected
  under this section.
         (f)  Fees collected under this section:
               (1)  shall be deposited in the state treasury to the
  credit of the mining monitoring fees account;
               (2)  may not be commingled with any fees in the clean
  air account or with any other money in the state treasury; and
               (3)  may be appropriated to the commission only for the
  purposes described by Subsection (d).
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the Texas Commission on Environmental Quality shall
  adopt rules as necessary to implement Section 382.069, Health and
  Safety Code, as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2019.