Texas 2023 - 88th Regular

Texas Senate Bill SB1399 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1399
2	2
3	3
4	4	AN ACT
5	5	relating to the renewal and review of standard permits for certain
6	6	concrete plants.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 382.05195, Health and Safety Code, is
9	9	amended by adding Subsection (e-1) and amending Subsection (k) to
10	10	read as follows:
11	11	(e-1) This subsection applies only to a standard permit
12	12	issued under this section that authorizes the operation of a
13	13	permanent concrete plant that performs wet batching, dry batching,
14	14	or central mixing, as defined by the commission. The commission
15	15	shall at least once every six years conduct a protectiveness review
16	16	of the permit regarding the operation of a permanent concrete plant
17	17	described by this subsection, including by reviewing available
18	18	background concentrations of air pollutants. If the commission
19	19	amends the permit after a protectiveness review, the commission
20	20	shall allow facilities authorized to emit air contaminants under
21	21	the permit as it read before the amendment to continue to operate
22	22	until a date provided by the commission under Subsection (f) that
23	23	provides facility operators a reasonable amount of time to comply
24	24	with the amended permit. Each authorization to use the permit is
25	25	subject to review at least once every six years to determine whether
26	26	the authority to operate the facility authorized by the permit
27	27	should be renewed.
28	28	(k) An application for an authorization to use [the issuance
29	29	of] a standard permit under this section for a concrete plant that
30	30	performs wet batching, dry batching, or central mixing, including a
31	31	permanent, temporary, or specialty concrete batch plant, as defined
32	32	by the commission, must include a plot plan that clearly shows:
33	33	(1) a distance scale;
34	34	(2) a north arrow;
35	35	(3) all property lines, emission points, buildings,
36	36	tanks, and process vessels and other process equipment in the area
37	37	in which the facility will be located;
38	38	(4) at least two benchmark locations in the area in
39	39	which the facility will be located; and
40	40	(5) if the permit requires a distance, setback, or
41	41	buffer from other property or structures as a condition of the
42	42	permit, whether the required distance or setback will be met.
43	43	SECTION 2. Section 382.05198, Health and Safety Code, is
44	44	amended by amending Subsection (c) and adding Subsection (d) to
45	45	read as follows:
46	46	(c) An application for an authorization to use [the issuance
47	47	of] a standard permit under this section must include a plot plan
48	48	that meets the requirements of Section 382.05195(k).
49	49	(d) The commission shall at least once every six years
50	50	conduct a protectiveness review of a standard permit issued under
51	51	this section, including by reviewing available background
52	52	concentrations of air pollutants. If the commission amends the
53	53	permit after a protectiveness review, the commission shall allow
54	54	facilities authorized to emit air contaminants under the permit as
55	55	it read before the amendment to continue to operate until a date
56	56	provided by the commission that provides facility operators a
57	57	reasonable amount of time to comply with the amended permit. Each
58	58	authorization to use a standard permit issued under this section is
59	59	subject to review at least once every six years to determine whether
60	60	the authority to operate the facility authorized by the permit
61	61	should be renewed.
62	62	SECTION 3. (a) Not later than March 1, 2024, the Texas
63	63	Commission on Environmental Quality shall adopt rules necessary to
64	64	implement the changes in law made by this Act.
65	65	(b) After the effective date of this Act, notwithstanding
66	66	the changes in law made by this Act, the Texas Commission on
67	67	Environmental Quality may allow the continuation of an
68	68	authorization to use a permit issued before the effective date of
69	69	this Act until the date the authorization would have been eligible
70	70	for renewal under the law in effect immediately before the
71	71	effective date of this Act, and the former law is continued in
72	72	effect for that purpose.
73	73	SECTION 4. This Act takes effect September 1, 2023.
74	74	______________________________ ______________________________
75	75	President of the Senate Speaker of the House
76	76	I hereby certify that S.B. No. 1399 passed the Senate on
77	77	May 1, 2023, by the following vote: Yeas 31, Nays 0.
78	78	______________________________
79	79	Secretary of the Senate
80	80	I hereby certify that S.B. No. 1399 passed the House on
81	81	May 24, 2023, by the following vote: Yeas 120, Nays 18,
82	82	one present not voting.
83	83	______________________________
84	84	Chief Clerk of the House
85	85	Approved:
86	86	______________________________
87	87	Date
88	88	______________________________
89	89	Governor