| 1 | 1 | | By: Wilson H.B. No. 4422 |
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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 permit conditions relating to road paving for certain |
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| 7 | 7 | | mining-related facilities. |
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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 382.071 to read as follows: |
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| 11 | 11 | | Sec. 382.071. ROAD PAVING AT MINING-RELATED FACILITIES. |
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| 12 | 12 | | (a) This section applies only to a permit issued under this chapter |
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| 13 | 13 | | relating to the: |
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| 14 | 14 | | (1) production of aggregates, as defined by Section |
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| 15 | 15 | | 28A.001, Water Code; |
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| 16 | 16 | | (2) operation of a concrete plant that performs wet |
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| 17 | 17 | | batching, dry batching, or central mixing; or |
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| 18 | 18 | | (3) operation of a hot mix asphalt plant. |
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| 19 | 19 | | (b) The commission by rule shall require as a condition of a |
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| 20 | 20 | | permit that the permit holder: |
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| 21 | 21 | | (1) pave each road inside the permitted facility used |
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| 22 | 22 | | for the movement of commercial vehicles: |
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| 23 | 23 | | (A) that are subject to the federal electronic |
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| 24 | 24 | | logging device requirements of 49 C.F.R. Part 395; or |
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| 25 | 25 | | (B) that are operating only in intrastate |
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| 26 | 26 | | commerce that would be subject to the federal electronic logging |
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| 27 | 27 | | device requirements of 49 C.F.R. Part 395 if operating in |
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| 28 | 28 | | interstate or international commerce. |
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| 29 | 29 | | (2) construct acceleration and deceleration lanes for |
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| 30 | 30 | | egress from and ingress to the aggregate production operation to |
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| 31 | 31 | | protect |
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| 32 | 32 | | public safety. |
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| 33 | 33 | | (c) Rules adopted under this section may specify vehicles |
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| 34 | 34 | | and equipment that may be moved on an unpaved road because the |
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| 35 | 35 | | movement produces minimal dust or other emissions of air |
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| 36 | 36 | | contaminants. |
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| 37 | 37 | | SECTION 2. As soon as practicable after the effective date |
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| 38 | 38 | | of this Act, the Texas Commission on Environmental Quality shall |
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| 39 | 39 | | adopt rules as necessary to implement Section 382.071, Health and |
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| 40 | 40 | | Safety Code, as added by this Act. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2019. |
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