By: Wilson H.B. No. 1018
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a certification program for public
work contracting purposes for operators of certain facilities that
emit air contaminants.
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. BEST PRACTICES OPERATOR CERTIFICATION FOR
AGGREGATE PRODUCTION OPERATIONS AND CONCRETE BATCH PLANTS. (a)
The commission by rule shall establish a certification program for
operators of facilities that have been issued a permit or an
authorization to use a permit under this chapter for:
(1) the production of aggregates, as defined by
Section 28A.001, Water Code; or
(2) the operation of a concrete plant that performs
wet batching, dry batching, or central mixing.
(b) The commission shall adopt best management practices
for operators of facilities described by Subsection (a), including
practices for air quality monitoring, water use, and blasting at
facilities.
(c) If the commission inspects a facility when determining
whether to grant or renew a permit or authorization to use a permit
for the facility under this chapter, the commission shall inspect
practices at the facility at that time for compliance with the best
management practices adopted under this section. The commission
shall:
(1) certify the operator of the facility under this
section as a best practices operator if the commission determines
that the operator has complied with the best management practices
in the operation of the facility; or
(2) notify the operator of the facility that the
facility cannot be certified at that time if the commission
determines that the operator has not complied with the best
management practices in the operation of the facility.
(d) If the commission determines that an operator certified
under this section is not complying with the best management
practices in the operation of a facility that was the basis of the
certification, the commission shall:
(1) notify the operator; and
(2) revoke the certification if the operator does not
comply with the best management practices at the facility before
the 90th day after the date of the notification.
(e) At the request of the operator of the facility, the
commission shall reinspect a facility for potential:
(1) certification after an initial inspection if the
commission finds at the initial inspection that the operator is not
eligible for certification; or
(2) recertification after the revocation of the
certification under Subsection (d).
(f) The commission may not impose a penalty under this
chapter or Chapter 7, Water Code, for a violation of a best
management practice adopted under this section.
SECTION 2. Subchapter B, Chapter 2269, Government Code, is
amended by adding Section 2269.061 to read as follows:
Sec. 2269.061. REQUIRED STATEMENT FOR BIDS AND PROPOSALS
INVOLVING AGGREGATE PRODUCTION OPERATIONS AND CONCRETE BATCH
PLANTS. (a) This section applies only to a public work contract
requiring goods or services of an operator of a facility that has
been issued a permit or an authorization to use a permit under
Chapter 382, Health and Safety Code, for:
(1) the production of aggregates, as defined by
Section 28A.001, Water Code; or
(2) the operation of a concrete plant that performs
wet batching, dry batching, or central mixing.
(b) A person who submits a bid or proposal under this
chapter for a public work contract to which this section applies
shall include in the bid or proposal a statement that any operator
of a facility described by Subsection (a) supplying goods or
services under the contract will hold a certification under Section
382.069, Health and Safety Code.
SECTION 3. Section 2269.061, Government Code, as added by
this Act, applies only to a contract for which a governmental entity
first advertises or otherwise solicits bids or proposals on or
after September 1, 2028.
SECTION 4. This Act takes effect September 1, 2025.