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A BILL TO BE ENTITLED
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AN ACT
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relating to the consideration for approval by the executive |
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director of the Texas Commission on Environmental Quality of an |
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application for a standard permit for a concrete batch plant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.05199, Health and Safety Code, is |
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amended by amending Subsection (h) and adding Subsection (h-1) to |
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read as follows: |
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(h) Not later than the 35th day after the date the public |
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hearing is held, the executive director shall approve or deny the |
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application for authorization to use the standard permit. In |
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determining whether to approve the application, the [The] executive |
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director shall base the decision on: |
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(1) whether the application meets the requirements of |
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Section 382.05198; and |
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(2) a consideration of: |
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(A) [. The executive director shall consider] |
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all comments received during the public comment period and at the |
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public hearing; |
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(B) the potential harm to local property values; |
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and |
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(C) the location of the facility relative to |
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homes, schools, churches, parks, and other community assets [in |
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determining whether to approve the application]. |
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(h-1) If the executive director denies the application, the |
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executive director shall state the reasons for the denial and any |
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modifications to the application that are necessary for the |
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proposed plant to qualify for the authorization. |
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SECTION 2. Section 382.05199, Health and Safety Code, as |
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amended by this Act, applies only to an application for a permit |
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that is filed with the Texas Commission on Environmental Quality on |
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or after the effective date of this Act. An application for a |
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permit filed before the effective date of this Act is governed by |
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the law in effect on the date of filing, and that law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |