By: Wilson H.B. No. 4600
A BILL TO BE ENTITLED
AN ACT
relating to requirements for certain air quality permit
applications for aggregate productions located in the jurisdiction
of a municipality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.05195, Health and Safety Code, is
amended by adding Subsection (k) to read as follows:
(
k) For permit applications filed after August 31, 2019 for
facilities located within the corporate limits, or
extraterritorial jurisdiction of a municipality if the property
boundary upon which the permit is proposed is located within 880
yards from property that has entered into a development agreement
with the municipality, the applicant shall include a letter from
the municipality verifying that construction and operation of the
facility under the proposed permit is a land use authorized by the
municipality's zoning regulations, or is compatible with the land
use established by the development agreement, as applicable. The
commission shall not issue a permit for property that has not
received the requisite verification described herein. However, in
the event that the municipality does not provide a response to the
permit applicant within 30 days from the date the verification
letter was requested by the permit applicant, the verification
shall be deemed to have been provided.
Section 382.113, Health and Safety Code, is amended by adding
Subsection (c) to read as follows:
(c) Any application for a permit issued under this Chapter
for a facility to be located within the corporate limits of a
municipality, or within the extraterritorial jurisdiction of the
municipality if the proposed permit property boundary is located
within 880 yards from property that has entered into a development
agreement with the municipality, shall include verification from
the municipality that the activity for which the permit is sought is
authorized pursuant to the municipality's zoning regulations or is
compatible with the land use established by the development
agreement, as applicable. However, in the event that the
municipality does not provide a response to the permit applicant
within 30 days from the date the verification letter was requested
by the permit applicant, the verification shall be deemed to have
been provided.
SECTION 2. The changes in law made by this Act apply only to
an application for a permit that is filed with the Texas Commission
on Environmental Quality on or after the effective date of this Act.
An application for a permit filed before the effective date of this
Act is governed by the law in effect on the date of filing, and that
law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2019.