S.B. No. 1399
 
 
 
 
AN ACT
  relating to the renewal and review of standard permits for certain
  concrete plants.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 382.05195, Health and Safety Code, is
  amended by adding Subsection (e-1) and amending Subsection (k) to
  read as follows:
         (e-1)  This subsection applies only to a standard permit
  issued under this section that authorizes the operation of a
  permanent concrete plant that performs wet batching, dry batching,
  or central mixing, as defined by the commission. The commission
  shall at least once every six years conduct a protectiveness review
  of the permit regarding the operation of a permanent concrete plant
  described by this subsection, including by reviewing available
  background concentrations of air pollutants. If the commission
  amends the permit after a protectiveness review, the commission
  shall allow facilities authorized to emit air contaminants under
  the permit as it read before the amendment to continue to operate
  until a date provided by the commission under Subsection (f) that
  provides facility operators a reasonable amount of time to comply
  with the amended permit. Each authorization to use the permit is
  subject to review at least once every six years to determine whether
  the authority to operate the facility authorized by the permit
  should be renewed.
         (k)  An application for an authorization to use [the issuance
  of] a standard permit under this section for a concrete plant that
  performs wet batching, dry batching, or central mixing, including a
  permanent, temporary, or specialty concrete batch plant, as defined
  by the commission, must include a plot plan that clearly shows:
               (1)  a distance scale;
               (2)  a north arrow;
               (3)  all property lines, emission points, buildings,
  tanks, and process vessels and other process equipment in the area
  in which the facility will be located;
               (4)  at least two benchmark locations in the area in
  which the facility will be located; and
               (5)  if the permit requires a distance, setback, or
  buffer from other property or structures as a condition of the
  permit, whether the required distance or setback will be met.
         SECTION 2.  Section 382.05198, Health and Safety Code, is
  amended by amending Subsection (c) and adding Subsection (d) to
  read as follows:
         (c)  An application for an authorization to use [the issuance
  of] a standard permit under this section must include a plot plan
  that meets the requirements of Section 382.05195(k).
         (d)  The commission shall at least once every six years
  conduct a protectiveness review of a standard permit issued under
  this section, including by reviewing available background
  concentrations of air pollutants. If the commission amends the
  permit after a protectiveness review, the commission shall allow
  facilities authorized to emit air contaminants under the permit as
  it read before the amendment to continue to operate until a date
  provided by the commission that provides facility operators a
  reasonable amount of time to comply with the amended permit. Each
  authorization to use a standard permit issued under this section is
  subject to review at least once every six years to determine whether
  the authority to operate the facility authorized by the permit
  should be renewed.
         SECTION 3.  (a)  Not later than March 1, 2024, the Texas
  Commission on Environmental Quality shall adopt rules necessary to
  implement the changes in law made by this Act.
         (b)  After the effective date of this Act, notwithstanding
  the changes in law made by this Act, the Texas Commission on
  Environmental Quality may allow the continuation of an
  authorization to use a permit issued before the effective date of
  this Act until the date the authorization would have been eligible
  for renewal under the law in effect immediately before the
  effective date of this Act, and the former law is continued in
  effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2023.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1399 passed the Senate on
  May 1, 2023, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1399 passed the House on
  May 24, 2023, by the following vote:  Yeas 120, Nays 18,
  one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor