| 1 | 1 | | 88R2312 SHH-D |
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| 2 | 2 | | By: J. Johnson of Harris H.B. No. 94 |
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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 consideration for approval by the executive |
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| 8 | 8 | | director of the Texas Commission on Environmental Quality of an |
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| 9 | 9 | | application for an authorization to use a standard permit for a |
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| 10 | 10 | | concrete batch plant. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 382.05199, Health and Safety Code, is |
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| 13 | 13 | | amended by amending Subsection (h) and adding Subsection (h-1) to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | (h) Not later than the 35th day after the date the public |
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| 16 | 16 | | hearing is held, the executive director shall approve or deny the |
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| 17 | 17 | | application for authorization to use the standard permit. In |
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| 18 | 18 | | determining whether to approve the application, the [The] executive |
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| 19 | 19 | | director shall base the decision on: |
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| 20 | 20 | | (1) whether the application meets the requirements of |
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| 21 | 21 | | Section 382.05198; and |
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| 22 | 22 | | (2) a consideration of: |
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| 23 | 23 | | (A) [. The executive director shall consider] |
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| 24 | 24 | | all comments received during the public comment period and at the |
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| 25 | 25 | | public hearing; |
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| 26 | 26 | | (B) the potential harm to local property values; |
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| 27 | 27 | | and |
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| 28 | 28 | | (C) the location of the facility relative to |
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| 29 | 29 | | homes, schools, places of worship, parks, and other community |
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| 30 | 30 | | assets [in determining whether to approve the application]. |
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| 31 | 31 | | (h-1) If the executive director denies the application, the |
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| 32 | 32 | | executive director shall state the reasons for the denial and any |
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| 33 | 33 | | modifications to the application that are necessary for the |
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| 34 | 34 | | proposed plant to qualify for the authorization. |
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| 35 | 35 | | SECTION 2. Section 382.05199, Health and Safety Code, as |
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| 36 | 36 | | amended by this Act, applies only to an application for an |
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| 37 | 37 | | authorization to use a permit that is filed with the Texas |
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| 38 | 38 | | Commission on Environmental Quality on or after the effective date |
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| 39 | 39 | | of this Act. An application for an authorization to use a permit |
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| 40 | 40 | | filed before the effective date of this Act is governed by the law |
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| 41 | 41 | | in effect on the date of filing, and that law is continued in effect |
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| 42 | 42 | | for that purpose. |
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| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2023. |
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