Texas 2025 - 89th Regular

Texas Senate Bill SB3046 Compare Versions

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1	1	By: Miles, Alvarado, Cook S.B. No. 3046
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to air quality permits for certain concrete plants and
9	9	crushing facilities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 382.004(c), Health and Safety Code, is
12	12	amended to read as follows:
13	13	(c) A person may not begin construction under this section
14	14	if the facility that is the subject of the permit amendment:
15	15	(1) is concrete batch plant located within 880 yards
16	16	of a property that is used as a residence; or
17	17	(2) is a:
18	18	(A) concrete crushing facility; or
19	19	(B) concrete plant that performs wet batching,
20	20	dry batching, or central mixing that is located within 2000 yards of
21	21	a hospital.
22	22	SECTION 2. Section 382.065, Health and Safety Code, is
23	23	amended to read as follows:
24	24	Sec. 382.065. CERTAIN LOCATIONS FOR OPERATING CERTAIN
25	25	CONCRETE FACILITIES [CRUSHING FACILITY] PROHIBITED. (a) This
26	26	section applies only to a facility that is:
27	27	(1) a concrete crushing facility; or
28	28	(2) a concrete plant that performs wet batching, dry
29	29	batching, or central mixing.
30	30	(a-1) The commission by rule shall prohibit the operation of
31	31	a concrete crushing facility within 440 yards of a building in use
32	32	as a single or multifamily residence, school, or place of worship at
33	33	the time the application for a permit to operate the facility at a
34	34	site near the residence, school, or place of worship is filed with
35	35	the commission.
36	36	(a-2) The commission by rule shall prohibit the operation of
37	37	a facility within 2000 yards of a building in use as a hospital.
38	38	(a-3) The measurement of distance for purposes of this
39	39	section is the shortest distance between [subsection shall be taken
40	40	from the point on] the [concrete crushing] facility and a building
41	41	or area described by Subsections (a-1) and (a-2) [that is nearest to
42	42	the residence, school, or place of worship toward the point on the
43	43	residence, school, or place of worship that is nearest the concrete
44	44	crushing facility].
45	45	(b) A rule adopted under this section [Subsection (a)] does
46	46	not apply to a [concrete crushing facility]:
47	47	(1) concrete crushing facility at a location for which
48	48	commission authorization for the operation of a concrete crushing
49	49	facility was in effect on September 1, 2001;
50	50	(2) facility at a location that satisfies the distance
51	51	requirements of Subsection (a-1) [(a)] at the time the application
52	52	for the initial authorization for the operation of that facility at
53	53	that location is filed with the commission, provided that the
54	54	authorization is granted and maintained, regardless of whether a
55	55	building described by Subsections (a-1)and(a-2) [single or
56	56	multifamily residence, school, or place of worship] is subsequently
57	57	built or put to use within 440 yards of the facility; or
58	58	(3) facility that:
59	59	(A) uses a concrete crusher:
60	60	(i) in the manufacture of products that
61	61	contain recycled materials; and
62	62	(ii) that is located in an enclosed
63	63	building; and
64	64	(B) is located:
65	65	(i) within 25 miles of an international
66	66	border; and
67	67	(ii) in a municipality with a population of
68	68	not less than 6,100 but not more than 20,000.
69	69	(c) Except as provided by Subsection (d), Subsections(a-1)
70	70	and(a-2)[(a)] [does] do not apply to a concrete crushing facility
71	71	that:
72	72	(1) is engaged in crushing concrete and other
73	73	materials produced by the demolition of a structure at the location
74	74	of the structure and the concrete and other materials are being
75	75	crushed primarily for use at that location;
76	76	(2) operates at that location for not more than 180
77	77	days;
78	78	(3) the commission determines will cause no adverse
79	79	environmental or health effects by operating at that location; and
80	80	(4) complies with conditions stated in commission
81	81	rules, including operating conditions.
82	82	(d) Notwithstanding Subsection (c), Subsection (a-1) [(a)]
83	83	applies to a [concrete crushing] facility in a county with a
84	84	population of 3.3 million or more or in a county adjacent to such a
85	85	county.
86	86	SECTION 3. The changes in law made by this Act apply to an
87	87	application for a permit, permit amendment, or authorization to use
88	88	a permit filed with the Texas Commission on Environmental Quality
89	89	on or after the effective date of this Act and a permit subject to
90	90	pending litigation on the effective date of this act.
91	91	SECTION 4. This Act takes effect immediately.