| 1 | 1 | | By: Wilson H.B. No. 4600 |
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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 requirements for certain air quality permit |
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| 7 | 7 | | applications for aggregate productions located in the jurisdiction |
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| 8 | 8 | | of a municipality. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 382.05195, Health and Safety Code, is |
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| 11 | 11 | | amended by adding Subsection (k) to read as follows: |
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| 12 | 12 | | ( |
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| 13 | 13 | | k) For permit applications filed after August 31, 2019 for |
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| 14 | 14 | | facilities located within the corporate limits, or |
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| 15 | 15 | | extraterritorial jurisdiction of a municipality if the property |
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| 16 | 16 | | boundary upon which the permit is proposed is located within 880 |
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| 17 | 17 | | yards from property that has entered into a development agreement |
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| 18 | 18 | | with the municipality, the applicant shall include a letter from |
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| 19 | 19 | | the municipality verifying that construction and operation of the |
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| 20 | 20 | | facility under the proposed permit is a land use authorized by the |
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| 21 | 21 | | municipality's zoning regulations, or is compatible with the land |
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| 22 | 22 | | use established by the development agreement, as applicable. The |
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| 23 | 23 | | commission shall not issue a permit for property that has not |
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| 24 | 24 | | received the requisite verification described herein. However, in |
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| 25 | 25 | | the event that the municipality does not provide a response to the |
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| 26 | 26 | | permit applicant within 30 days from the date the verification |
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| 27 | 27 | | letter was requested by the permit applicant, the verification |
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| 28 | 28 | | shall be deemed to have been provided. |
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| 29 | 29 | | Section 382.113, Health and Safety Code, is amended by adding |
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| 30 | 30 | | Subsection (c) to read as follows: |
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| 31 | 31 | | (c) Any application for a permit issued under this Chapter |
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| 32 | 32 | | for a facility to be located within the corporate limits of a |
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| 33 | 33 | | municipality, or within the extraterritorial jurisdiction of the |
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| 34 | 34 | | municipality if the proposed permit property boundary is located |
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| 35 | 35 | | within 880 yards from property that has entered into a development |
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| 36 | 36 | | agreement with the municipality, shall include verification from |
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| 37 | 37 | | the municipality that the activity for which the permit is sought is |
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| 38 | 38 | | authorized pursuant to the municipality's zoning regulations or is |
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| 39 | 39 | | compatible with the land use established by the development |
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| 40 | 40 | | agreement, as applicable. However, in the event that the |
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| 41 | 41 | | municipality does not provide a response to the permit applicant |
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| 42 | 42 | | within 30 days from the date the verification letter was requested |
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| 43 | 43 | | by the permit applicant, the verification shall be deemed to have |
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| 44 | 44 | | been provided. |
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| 45 | 45 | | SECTION 2. The changes in law made by this Act apply only to |
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| 46 | 46 | | an application for a permit that is filed with the Texas Commission |
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| 47 | 47 | | on Environmental Quality on or after the effective date of this Act. |
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| 48 | 48 | | An application for a permit filed before the effective date of this |
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| 49 | 49 | | Act is governed by the law in effect on the date of filing, and that |
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| 50 | 50 | | law is continued in effect for that purpose. |
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| 51 | 51 | | SECTION 4. This Act takes effect September 1, 2019. |
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