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A BILL TO BE ENTITLED
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AN ACT
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relating to corrective action plans for excessive emissions events |
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involving certain concrete facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.0216, Health and Safety Code, is |
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amended by adding Subsection (c-1) to read as follows: |
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(c-1) This subsection applies only to an excessive |
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emissions event from a facility that is a concrete crushing |
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facility or a concrete plant that performs wet batching, dry |
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batching, or central mixing. Before a facility to which this |
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subsection applies files a corrective action plan under Subsection |
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(c), the facility must submit the proposed corrective action plan |
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to the appropriate local governmental officials and provide those |
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officials with an opportunity to comment on the plan in accordance |
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with rules adopted by the commission under this subsection. The |
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commission shall adopt rules to implement this subsection, |
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including rules establishing the length of the comment period, |
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specifying the local government officials to whom a proposed |
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corrective action plan is required to be submitted, and specifying |
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the process for local governmental officials to submit comments on |
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the proposed corrective action plan. The commission shall reject |
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and deny a corrective action plan filed by a facility to which this |
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subsection applies if the commission finds that the facility did |
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not comply with the requirements of this subsection or rules |
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adopted under this subsection before filing the plan. |
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SECTION 2. (a) Not later than December 1, 2025, the Texas |
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Commission on Environmental Quality shall adopt the rules required |
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by Section 382.0216(c-1), Health and Safety Code, as added by this |
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Act. |
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(b) Section 382.0216, Health and Safety Code, as amended by |
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this Act, applies only to a corrective action plan filed with the |
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Texas Commission on Environmental Quality on or after January 1, |
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2026. A corrective action plan filed with the Texas Commission on |
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Environmental Quality before January 1, 2026, is governed by the |
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law in effect on the date of filing, and the former law is continued |
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in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |