2019S0394-T 03/08/19
By: Buckingham S.B. No. 2233
A BILL TO BE ENTITLED
AN ACT
relating to monitoring emissions of air contaminants from certain
mining-related facilities; imposing of a fee.
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 382.069 to read as follows:
Sec. 382.069. MONITORING OF EMISSIONS FROM MINING-RELATED
FACILITIES; FEES DEPOSITED TO FUND. (a) This section applies only
to a person who holds a permit issued under this chapter relating
to:
(1) the production of aggregates, as defined by
Section 28A.001, Water Code;
(2) the operation of a concrete plant that performs
wet batching, dry batching, or central mixing; or
(3) the operation of a hot mix asphalt plant.
(b) The commission by rule shall require as a condition of a
permit that the permit holder install and maintain equipment to
monitor in real time emissions of air contaminants from the
permitted facility. The rules must require that:
(1) the equipment monitor emissions at the point on
the perimeter of the facility that is located closest to the
facility's main or central rock crusher or baghouse; and
(2) the permit holder provide data from the monitoring
equipment to the commission.
(c) The commission shall maintain a publicly accessible
Internet website to provide data collected under this section to
the public.
(d) The commission shall adopt, charge, and collect a fee
from permit holders to cover the costs of operating the Internet
website.
(e) The mining monitoring fees account is an account in the
general revenue fund. The account is composed of fees collected
under this section.
(f) Fees collected under this section:
(1) shall be deposited in the state treasury to the
credit of the mining monitoring fees account;
(2) may not be commingled with any fees in the clean
air account or with any other money in the state treasury; and
(3) may be appropriated to the commission only for the
purposes described by Subsection (d).
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 382.069, Health and
Safety Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2019.