Texas 2023 - 88th Regular

Texas House Bill HB5009 Compare Versions

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1	1	88R7226 JXC-D
2	2	By: Wilson H.B. No. 5009
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of a certification program for public
8	8	work contracting purposes for operators of certain facilities that
9	9	emit air contaminants.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter C, Chapter 382, Health and Safety
12	12	Code, is amended by adding Section 382.069 to read as follows:
13	13	Sec. 382.069. BEST PRACTICES OPERATOR CERTIFICATION FOR
14	14	AGGREGATE PRODUCTION OPERATIONS AND CONCRETE BATCH PLANTS. (a) The
15	15	commission by rule shall establish a certification program for
16	16	operators of facilities that have been issued a permit or an
17	17	authorization to use a permit under this chapter for:
18	18	(1) the production of aggregates, as defined by
19	19	Section 28A.001, Water Code; or
20	20	(2) the operation of a concrete plant that performs
21	21	wet batching, dry batching, or central mixing.
22	22	(b) The commission shall adopt best management practices
23	23	for operators of facilities described by Subsection (a), including
24	24	practices for air quality monitoring, water use, and blasting at
25	25	facilities.
26	26	(c) If the commission inspects a facility when determining
27	27	whether to grant or renew a permit or authorization to use a permit
28	28	for the facility under this chapter, the commission shall inspect
29	29	practices at the facility at that time for compliance with the best
30	30	management practices adopted under this section. The commission
31	31	shall:
32	32	(1) certify the operator of the facility under this
33	33	section as a best practices operator if the commission determines
34	34	that the operator has complied with the best management practices
35	35	in the operation of the facility; or
36	36	(2) notify the operator of the facility that the
37	37	facility cannot be certified at that time if the commission
38	38	determines that the operator has not complied with the best
39	39	management practices in the operation of the facility.
40	40	(d) If the commission determines that an operator certified
41	41	under this section is not complying with the best management
42	42	practices in the operation of a facility that was the basis of the
43	43	certification, the commission shall:
44	44	(1) notify the operator; and
45	45	(2) revoke the certification if the operator does not
46	46	comply with the best management practices at the facility before
47	47	the 90th day after the date of the notification.
48	48	(e) At the request of the operator of the facility, the
49	49	commission shall reinspect a facility for potential:
50	50	(1) certification after an initial inspection if the
51	51	commission finds at the initial inspection that the operator is not
52	52	eligible for certification; or
53	53	(2) recertification after the revocation of the
54	54	certification under Subsection (d).
55	55	(f) The commission may not impose a penalty under this
56	56	chapter or Chapter 7, Water Code, for a violation of a best
57	57	management practice adopted under this section.
58	58	SECTION 2. Subchapter B, Chapter 2269, Government Code, is
59	59	amended by adding Section 2269.061 to read as follows:
60	60	Sec. 2269.061. REQUIRED STATEMENT FOR BIDS AND PROPOSALS
61	61	INVOLVING AGGREGATE PRODUCTION OPERATIONS AND CONCRETE BATCH
62	62	PLANTS. (a) This section applies only to a public work contract
63	63	requiring goods or services of an operator of a facility that has
64	64	been issued a permit or an authorization to use a permit under
65	65	Chapter 382, Health and Safety Code, for:
66	66	(1) the production of aggregates, as defined by
67	67	Section 28A.001, Water Code; or
68	68	(2) the operation of a concrete plant that performs
69	69	wet batching, dry batching, or central mixing.
70	70	(b) A person who submits a bid or proposal under this
71	71	chapter for a public work contract to which this section applies
72	72	shall include in the bid or proposal a statement that any operator
73	73	of a facility described by Subsection (a) supplying goods or
74	74	services under the contract will hold a certification under Section
75	75	382.069, Health and Safety Code.
76	76	SECTION 3. Section 2269.061, Government Code, as added by
77	77	this Act, applies only to a contract for which a governmental entity
78	78	first advertises or otherwise solicits bids or proposals on or
79	79	after September 1, 2026.
80	80	SECTION 4. This Act takes effect September 1, 2023.