By: Wilson H.B. No. 4422
A BILL TO BE ENTITLED
AN ACT
relating to permit conditions relating to road paving for certain
mining-related facilities.
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 382.071 to read as follows:
Sec. 382.071. ROAD PAVING AT MINING-RELATED FACILITIES.
(a) This section applies only to a permit issued under this chapter
relating to the:
(1) production of aggregates, as defined by Section
28A.001, Water Code;
(2) operation of a concrete plant that performs wet
batching, dry batching, or central mixing; or
(3) operation of a hot mix asphalt plant.
(b) The commission by rule shall require as a condition of a
permit that the permit holder:
(1) pave each road inside the permitted facility used
for the movement of commercial vehicles:
(A) that are subject to the federal electronic
logging device requirements of 49 C.F.R. Part 395; or
(B) that are operating only in intrastate
commerce that would be subject to the federal electronic logging
device requirements of 49 C.F.R. Part 395 if operating in
interstate or international commerce.
(2) construct acceleration and deceleration lanes for
egress from and ingress to the aggregate production operation to
protect
public safety.
(c) Rules adopted under this section may specify vehicles
and equipment that may be moved on an unpaved road because the
movement produces minimal dust or other emissions of air
contaminants.
SECTION 2. As soon as practicable after the effective date
of this Act, the Texas Commission on Environmental Quality shall
adopt rules as necessary to implement Section 382.071, Health and
Safety Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2019.