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A BILL TO BE ENTITLED
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AN ACT
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relating to notice of and opportunity for hearing on applications |
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for authorization to use certain permits for concrete batch plants |
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and concrete crushing facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 382.058, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 382.058. NOTICE OF AND HEARING ON CONSTRUCTION OF |
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CONCRETE BATCH PLANT OR CONCRETE CRUSHING FACILITY UNDER PERMIT BY |
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RULE, STANDARD PERMIT, OR EXEMPTION. |
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SECTION 2. Section 382.058, Health and Safety Code, is |
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amended by amending Subsections (a), (b), and (c) and adding |
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Subsections (c-1) and (e) to read as follows: |
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(a) Unless the person has complied with the notice and |
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opportunity for hearing provisions under Section 382.056, a [A] |
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person may not begin construction on a: |
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(1) [any] concrete plant that performs wet batching, |
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dry batching, or central mixing under a standard permit under |
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Section 382.05195 or a permit by rule adopted by the commission |
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under Section 382.05196; or |
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(2) concrete crushing facility under a standard permit |
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under Section 382.05195 or a permit by rule adopted by the |
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commission under Section 382.05196 [unless the person has complied |
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with the notice and opportunity for hearing provisions under |
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Section 382.056]. |
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(b) This section does not apply to a: |
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(1) concrete plant or concrete crushing facility |
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located temporarily in the right-of-way, or contiguous to the |
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right-of-way, of a public works project; or |
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(2) concrete crushing facility described by Section |
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382.065(c), unless that facility is located in a county with a |
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population of 3.3 million or more or in a county adjacent to such a |
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county. |
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(c) For purposes of this section, only those persons |
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actually residing in a permanent residence within 440 yards of the |
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proposed plant or facility may request a hearing under Section |
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382.056 as a person who may be affected. |
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(c-1) If the request for a hearing alleges that the distance |
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of a proposed concrete crushing facility from the requestor's |
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residence would violate Section 382.065, the commission may not |
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deny the hearing request based solely on the distance between the |
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requestor's residence and the facility. |
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(e) In addition to applying to an initial authorization to |
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use a standard permit under Section 382.05195 or a permit by rule |
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adopted by the commission under Section 382.05196 for a plant or |
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facility described by Subsection (a) of this section, this section |
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applies to any renewal of an authorization to use such a permit for |
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such a plant or facility. The prohibition on public comment and |
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public hearings in Section 382.056(g) regarding a renewal that |
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would not result in an increase in allowable emissions or in the |
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emission of an air contaminant not previously emitted does not |
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apply to a renewal described by this subsection. |
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SECTION 3. The change in law made by this Act applies only |
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to an application for an initial authorization or a renewal of an |
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authorization to use a standard permit or permit by rule that is |
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submitted to the Texas Commission on Environmental Quality on or |
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after the effective date of this Act. An application submitted |
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before the effective date of this Act is governed by the law in |
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effect at the time the application was submitted, and the former law |
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is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |