| 1 | 1 | | By: Wilson H.B. No. 4409 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to monitoring emissions of air contaminants from certain |
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| 7 | 7 | | mining-related facilities; imposing of a fee. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter C, Chapter 382, Health and Safety |
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| 10 | 10 | | Code, is amended by adding Section 382.069 to read as follows: |
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| 11 | 11 | | Sec. 382.069. MONITORING OF EMISSIONS FROM MINING-RELATED |
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| 12 | 12 | | FACILITIES; FEES DEPOSITED TO FUND. (a) This section applies only |
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| 13 | 13 | | to a person who holds a permit issued under this chapter relating |
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| 14 | 14 | | to: |
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| 15 | 15 | | (1) the production of aggregates, as defined by |
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| 16 | 16 | | Section 28A.001, Water Code; |
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| 17 | 17 | | (2) the operation of a concrete plant that performs |
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| 18 | 18 | | wet batching, dry batching, or central mixing; or |
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| 19 | 19 | | (3) the operation of a hot mix asphalt plant. |
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| 20 | 20 | | (b) The commission by rule shall require as a condition of a |
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| 21 | 21 | | permit that the permit holder install and maintain equipment to |
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| 22 | 22 | | monitor in real time emissions of air contaminants from the |
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| 23 | 23 | | permitted facility. The rules must require that: |
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| 24 | 24 | | (1) the equipment monitor emissions at the point on |
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| 25 | 25 | | (c) The commission shall maintain a publicly accessible |
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| 26 | 26 | | Internet website to provide data collected under this section to |
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| 27 | 27 | | the public. |
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| 28 | 28 | | (d) The commission shall adopt, charge, and collect a fee |
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| 29 | 29 | | from permit holders to cover the costs of operating the Internet |
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| 30 | 30 | | website. |
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| 31 | 31 | | (e) The mining monitoring fees account is an account in the |
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| 32 | 32 | | general revenue fund. The account is composed of fees collected |
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| 33 | 33 | | under this section. |
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| 34 | 34 | | (f) Fees collected under this section: |
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| 35 | 35 | | (1) shall be deposited in the state treasury to the |
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| 36 | 36 | | credit of the mining monitoring fees account; |
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| 37 | 37 | | (2) may not be commingled with any fees in the clean |
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| 38 | 38 | | air account or with any other money in the state treasury; and |
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| 39 | 39 | | (3) may be appropriated to the commission only for the |
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| 40 | 40 | | purposes described by Subsection (d). |
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| 41 | 41 | | SECTION 2. As soon as practicable after the effective date |
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| 42 | 42 | | of this Act, the Texas Commission on Environmental Quality shall |
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| 43 | 43 | | adopt rules as necessary to implement Section 382.069, Health and |
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| 44 | 44 | | Safety Code, as added by this Act. |
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| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2019. |
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