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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements for notice of a standard permit for |
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certain concrete plants. |
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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 adding Subsection (c-1) and amending Subsection (d) to |
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read as follows: |
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(c-1) If the proposed permanent concrete plant would be |
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located in a municipality with a population of 1.9 million or more, |
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the applicant must mail written notice to each household within 440 |
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yards of the proposed plant not later than the earlier of: |
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(1) the 30th day after the date the applicant receives |
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written notice from the executive director that the application is |
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technically complete; or |
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(2) the 75th day after the date the executive director |
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receives the application. |
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(d) The notice under Subsections (c) and (c-1) must include: |
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(1) a brief description of the proposed location and |
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nature of the proposed plant; |
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(2) a description, including a telephone number, of |
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the manner in which the executive director may be contacted for |
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further information; |
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(3) a description, including a telephone number, of |
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the manner in which the applicant may be contacted for further |
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information; |
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(4) the location and hours of operation of the |
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commission's regional office at which a copy of the application is |
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available for review and copying; and |
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(5) a brief description of the public comment process, |
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including the time and location of the public hearing, and the |
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mailing address and deadline for filing written comments. |
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SECTION 2. Section 382.058, Health and Safety Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) In addition to the notice required under Subsection (a), |
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an applicant for a permit, permit amendment, or permit renewal of a |
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permanent concrete plant that would be or is located in a |
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municipality with a population of 1.9 million or more shall mail |
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written notice to each household within 440 yards of the proposed or |
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existing plant not later than the earlier of: |
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(1) the 30th day after the date the applicant receives |
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written notice from the executive director that the application is |
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technically complete; or |
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(2) the 75th day after the date the executive director |
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receives the application. |
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SECTION 3. Sections 382.05199 and 382.058, Health and |
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Safety Code, as amended by this Act, apply only to an application |
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for a permit that is filed with the Texas Commission on |
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Environmental Quality on or after the effective date of this Act. |
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An application for a permit filed before the effective date of this |
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Act is governed by the law in effect on the date of filing, and that |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |