| 1 | 1 | | 88R1955 MP-F |
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| 2 | 2 | | By: J. Johnson of Harris H.B. No. 344 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the requirements for notice of a standard permit for |
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| 8 | 8 | | certain concrete plants. |
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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 382.05199, Health and Safety Code, is |
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| 11 | 11 | | amended by adding Subsection (c-1) and amending Subsection (d) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (c-1) If the proposed permanent concrete plant would be |
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| 14 | 14 | | located in a municipality with a population of 1.9 million or more, |
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| 15 | 15 | | the applicant must mail written notice to each household within 440 |
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| 16 | 16 | | yards of the proposed plant not later than the earlier of: |
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| 17 | 17 | | (1) the 30th day after the date the applicant receives |
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| 18 | 18 | | written notice from the executive director that the application is |
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| 19 | 19 | | technically complete; or |
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| 20 | 20 | | (2) the 75th day after the date the executive director |
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| 21 | 21 | | receives the application. |
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| 22 | 22 | | (d) The notice under Subsections (c) and (c-1) must include: |
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| 23 | 23 | | (1) a brief description of the proposed location and |
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| 24 | 24 | | nature of the proposed plant; |
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| 25 | 25 | | (2) a description, including a telephone number, of |
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| 26 | 26 | | the manner in which the executive director may be contacted for |
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| 27 | 27 | | further information; |
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| 28 | 28 | | (3) a description, including a telephone number, of |
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| 29 | 29 | | the manner in which the applicant may be contacted for further |
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| 30 | 30 | | information; |
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| 31 | 31 | | (4) the location and hours of operation of the |
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| 32 | 32 | | commission's regional office at which a copy of the application is |
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| 33 | 33 | | available for review and copying; and |
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| 34 | 34 | | (5) a brief description of the public comment process, |
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| 35 | 35 | | including the time and location of the public hearing, and the |
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| 36 | 36 | | mailing address and deadline for filing written comments. |
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| 37 | 37 | | SECTION 2. Section 382.058, Health and Safety Code, is |
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| 38 | 38 | | amended by adding Subsection (e) to read as follows: |
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| 39 | 39 | | (e) In addition to the notice required under Subsection (a), |
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| 40 | 40 | | an applicant for a permit, permit amendment, or permit renewal of a |
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| 41 | 41 | | permanent concrete plant that would be or is located in a |
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| 42 | 42 | | municipality with a population of 1.9 million or more shall mail |
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| 43 | 43 | | written notice to each household within 440 yards of the proposed or |
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| 44 | 44 | | existing plant not later than the earlier of: |
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| 45 | 45 | | (1) the 30th day after the date the applicant receives |
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| 46 | 46 | | written notice from the executive director that the application is |
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| 47 | 47 | | technically complete; or |
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| 48 | 48 | | (2) the 75th day after the date the executive director |
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| 49 | 49 | | receives the application. |
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| 50 | 50 | | SECTION 3. Sections 382.05199 and 382.058, Health and |
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| 51 | 51 | | Safety Code, as amended by this Act, apply only to an application |
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| 52 | 52 | | for a permit that is filed with the Texas Commission on |
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| 53 | 53 | | Environmental Quality on or after the effective date of this Act. |
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| 54 | 54 | | An application for a permit filed before the effective date of this |
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| 55 | 55 | | Act is governed by the law in effect on the date of filing, and that |
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| 56 | 56 | | law is continued in effect for that purpose. |
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| 57 | 57 | | SECTION 4. This Act takes effect September 1, 2023. |
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