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A BILL TO BE ENTITLED
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AN ACT
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relating to air quality permits for certain concrete plants and |
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crushing facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.004(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) A person may not begin construction under this section |
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if the facility that is the subject of the permit amendment: |
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(1) is concrete batch plant located within 880 yards |
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of a property that is used as a residence; or |
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(2) is a: |
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(A) concrete crushing facility; or |
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(B) concrete plant that performs wet batching, |
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dry batching, or central mixing that is located within 2000 yards of |
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a hospital. |
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SECTION 2. Section 382.065, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 382.065. CERTAIN LOCATIONS FOR OPERATING CERTAIN |
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CONCRETE FACILITIES [CRUSHING FACILITY] PROHIBITED. (a) This |
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section applies only to a facility that is: |
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(1) a concrete crushing facility; or |
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(2) a concrete plant that performs wet batching, dry |
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batching, or central mixing. |
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(a-1) The commission by rule shall prohibit the operation of |
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a concrete crushing facility within 440 yards of a building in use |
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as a single or multifamily residence, school, or place of worship at |
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the time the application for a permit to operate the facility at a |
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site near the residence, school, or place of worship is filed with |
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the commission. |
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(a-2) The commission by rule shall prohibit the operation of |
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a facility within 2000 yards of a building in use as a hospital. |
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(a-3) The measurement of distance for purposes of this |
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section is the shortest distance between [subsection shall be taken |
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from the point on] the [concrete crushing] facility and a building |
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or area described by Subsections (a-1) and (a-2) [that is nearest to |
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the residence, school, or place of worship toward the point on the |
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residence, school, or place of worship that is nearest the concrete |
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crushing facility]. |
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(b) A rule adopted under this section [Subsection (a)] does |
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not apply to a [concrete crushing facility]: |
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(1) concrete crushing facility at a location for which |
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commission authorization for the operation of a concrete crushing |
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facility was in effect on September 1, 2001; |
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(2) facility at a location that satisfies the distance |
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requirements of Subsection (a-1) [(a)] at the time the application |
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for the initial authorization for the operation of that facility at |
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that location is filed with the commission, provided that the |
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authorization is granted and maintained, regardless of whether a |
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building described by Subsections (a-1)and(a-2) [single or |
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multifamily residence, school, or place of worship] is subsequently |
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built or put to use within 440 yards of the facility; or |
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(3) facility that: |
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(A) uses a concrete crusher: |
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(i) in the manufacture of products that |
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contain recycled materials; and |
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(ii) that is located in an enclosed |
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building; and |
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(B) is located: |
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(i) within 25 miles of an international |
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border; and |
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(ii) in a municipality with a population of |
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not less than 6,100 but not more than 20,000. |
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(c) Except as provided by Subsection (d), Subsections(a-1) |
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and(a-2)[(a)] [does] do not apply to a concrete crushing facility |
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that: |
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(1) is engaged in crushing concrete and other |
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materials produced by the demolition of a structure at the location |
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of the structure and the concrete and other materials are being |
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crushed primarily for use at that location; |
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(2) operates at that location for not more than 180 |
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days; |
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(3) the commission determines will cause no adverse |
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environmental or health effects by operating at that location; and |
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(4) complies with conditions stated in commission |
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rules, including operating conditions. |
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(d) Notwithstanding Subsection (c), Subsection (a-1) [(a)] |
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applies to a [concrete crushing] facility 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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SECTION 3. The changes in law made by this Act apply to an |
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application for a permit, permit amendment, or authorization to use |
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a permit filed with the Texas Commission on Environmental Quality |
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on or after the effective date of this Act and a permit subject to |
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pending litigation on the effective date of this act. |
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SECTION 4. This Act takes effect immediately. |