84R13708 SLB-D
By: Hernandez H.B. No. 3809
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of petroleum coke storage and transport.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 341, Health and Safety Code, is amended
by adding Subchapter G to read as follows:
SUBCHAPTER G. REGULATION OF PETROLEUM COKE STORAGE AND TRANSPORT
Sec. 341.101. DEFINITIONS. In this subchapter:
(1) "Fugitive dust" means any solid particulate matter
that becomes airborne by natural or human activity. The term does
not include exhaust from a combustion engine or particulate matter
emitted from a properly permitted exhaust stack equipped with a
functioning pollution control device.
(2) "Petroleum coke" means a solid, carbonaceous
residue produced from a coker after cracking and distillation in a
petroleum refining operation, including a residue produced by
petroleum upgrading.
(3) "Political subdivision" means a municipality,
county, or special district.
Sec. 341.102. REGULATION BY POLITICAL SUBDIVISION. (a) To
prevent fugitive dust from petroleum coke, a political subdivision
may adopt regulations governing petroleum coke storage or transport
in the jurisdiction of the political subdivision.
(b) Regulations under this section may provide for:
(1) storage facility setback requirements;
(2) fugitive dust control measures, including
enclosure requirements; and
(3) penalty provisions for noncompliance with
regulations.
SECTION 2. 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, 2015.