| 1 | 1 | | 89R5572 JRR-D |
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| 2 | 2 | | By: Thompson H.B. No. 2883 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to corrective action plans for excessive emissions events |
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| 10 | 10 | | involving certain concrete facilities. |
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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 382.0216, Health and Safety Code, is |
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| 13 | 13 | | amended by adding Subsection (c-1) to read as follows: |
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| 14 | 14 | | (c-1) This subsection applies only to an excessive |
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| 15 | 15 | | emissions event from a facility that is a concrete crushing |
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| 16 | 16 | | facility or a concrete plant that performs wet batching, dry |
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| 17 | 17 | | batching, or central mixing. Before a facility to which this |
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| 18 | 18 | | subsection applies files a corrective action plan under Subsection |
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| 19 | 19 | | (c), the facility must submit the proposed corrective action plan |
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| 20 | 20 | | to the appropriate local governmental officials and provide those |
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| 21 | 21 | | officials with an opportunity to comment on the plan in accordance |
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| 22 | 22 | | with rules adopted by the commission under this subsection. The |
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| 23 | 23 | | commission shall adopt rules to implement this subsection, |
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| 24 | 24 | | including rules establishing the length of the comment period, |
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| 25 | 25 | | specifying the local government officials to whom a proposed |
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| 26 | 26 | | corrective action plan is required to be submitted, and specifying |
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| 27 | 27 | | the process for local governmental officials to submit comments on |
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| 28 | 28 | | the proposed corrective action plan. The commission shall reject |
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| 29 | 29 | | and deny a corrective action plan filed by a facility to which this |
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| 30 | 30 | | subsection applies if the commission finds that the facility did |
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| 31 | 31 | | not comply with the requirements of this subsection or rules |
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| 32 | 32 | | adopted under this subsection before filing the plan. |
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| 33 | 33 | | SECTION 2. (a) Not later than December 1, 2025, the Texas |
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| 34 | 34 | | Commission on Environmental Quality shall adopt the rules required |
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| 35 | 35 | | by Section 382.0216(c-1), Health and Safety Code, as added by this |
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| 36 | 36 | | Act. |
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| 37 | 37 | | (b) Section 382.0216, Health and Safety Code, as amended by |
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| 38 | 38 | | this Act, applies only to a corrective action plan filed with the |
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| 39 | 39 | | Texas Commission on Environmental Quality on or after January 1, |
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| 40 | 40 | | 2026. A corrective action plan filed with the Texas Commission on |
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| 41 | 41 | | Environmental Quality before January 1, 2026, is governed by the |
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| 42 | 42 | | law in effect on the date of filing, and the former law is continued |
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| 43 | 43 | | in effect for that purpose. |
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| 44 | 44 | | SECTION 3. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2025. |
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