81R14254 SMH-D
By: Hilderbran H.B. No. 3833
A BILL TO BE ENTITLED
AN ACT
relating to the procedure for obtaining an air contaminant
emissions permit from the Texas Commission on Environmental Quality
for a rock crusher.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 382, Health and Safety
Code, is amended by adding Section 382.067 to read as follows:
Sec. 382.067. STREAMLINED PROCESS FOR PERMITS FOR CERTAIN
ROCK CRUSHERS. (a) The commission by rule shall implement
reasonably streamlined processes for issuing permits required to
construct a rock crusher that meets the requirements provided by
this section.
(b) The processes adopted under this section must provide
for the commission to take final action on an application for a
permit not later than the 60th day after the date the commission
receives an administratively complete application if:
(1) the commission determines that the applicant's
compliance history is in the highest classification under Sections
5.753 and 5.754, Water Code, and rules adopted and procedures
developed under those sections;
(2) the applicant agrees to create a buffer zone
around the rock crusher and the quarry associated with the rock
crusher in accordance with commission rules;
(3) the applicant agrees to operate the rock crusher
and the quarry associated with the rock crusher in accordance with
best practices as determined by commission rule; and
(4) following the closure of the quarry associated
with the rock crusher, the applicant agrees to reclaim the quarry in
accordance with commission rules.
(c) When acting under a rule adopted under this section, the
commission shall use public meetings, informal conferences, or
advisory committees to gather the opinions and advice of interested
persons.
(d) The permit processes authorized by this section are not
subject to the requirements relating to a contested case hearing
under this chapter, Chapter 5, Water Code, or Subchapters C-G,
Chapter 2001, Government Code.
SECTION 2. Not later than January 1, 2010, the Texas
Commission on Environmental Quality shall adopt rules under Section
382.067, Health and Safety Code, as added by this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.