Texas 2025 - 89th Regular

Texas Senate Bill SB729 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2217 JDK-F
2	2	By: Johnson S.B. No. 729
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the operation of rock crushing facilities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 382.05101, Health and Safety Code, is
12	12	amended to read as follows:
13	13	Sec. 382.05101. DE MINIMIS AIR CONTAMINANTS. The
14	14	commission may develop by rule the criteria to establish a de
15	15	minimis level of air contaminants for facilities or groups of
16	16	facilities below which the following types of permits are not
17	17	required:
18	18	(1) a permit under Section 382.0518 or 382.0519;
19	19	(2) a standard permit under Section 382.05195,
20	20	382.05198, [or] 382.051985, or 382.0651; or
21	21	(3) a permit by rule under Section 382.05196.
22	22	SECTION 2. Section 382.0511(c), Health and Safety Code, is
23	23	amended to read as follows:
24	24	(c) The commission may authorize changes in a federal source
25	25	to proceed before the owner or operator obtains a federal operating
26	26	permit or revisions to a federal operating permit if:
27	27	(1) the changes are de minimis under Section
28	28	382.05101; or
29	29	(2) the owner or operator:
30	30	(A) has obtained a preconstruction permit or
31	31	permit amendment required by Section 382.0518; or
32	32	(B) is operating under:
33	33	(i) a standard permit under Section
34	34	382.05195, 382.05198, [or] 382.051985, or 382.0651;
35	35	(ii) a permit by rule under Section
36	36	382.05196; or
37	37	(iii) an exemption allowed under Section
38	38	382.057.
39	39	SECTION 3. Subchapter C, Chapter 382, Health and Safety
40	40	Code, is amended by adding Sections 382.0651, 382.0652, and
41	41	382.0653 to read as follows:
42	42	Sec. 382.0651. STANDARD PERMIT FOR CERTAIN ROCK CRUSHING
43	43	FACILITIES. (a) The commission shall issue a standard permit for a
44	44	rock crushing facility that:
45	45	(1) is located at an aggregate production operation
46	46	required to be registered under Section 28A.051, Water Code;
47	47	(2) processes not more than 1,500 tons of rock per
48	48	hour; and
49	49	(3) meets the requirements of this section.
50	50	(b) The standard permit issued under this section must
51	51	require that an owner or operator of a facility authorized to use
52	52	the permit, in addition to any other applicable requirements of
53	53	this chapter:
54	54	(1) install and operate for the first 12 consecutive
55	55	months of operation under the standard permit equipment to monitor:
56	56	(A) water quality in mining pits and
57	57	sedimentation ponds at the aggregate production operation for the
58	58	presence of contaminants related to aggregate extraction;
59	59	(B) the seismicity of extraction activities,
60	60	including blasting along active extraction areas; and
61	61	(C) emissions of air contaminants, if the
62	62	facility is located within 440 yards of two or more other aggregate
63	63	production operations;
64	64	(2) maintain records of monitoring data from the
65	65	monitoring equipment required by Subdivision (1) until the second
66	66	anniversary of the date on which the data was collected;
67	67	(3) establish a plan for providing notice of
68	68	emergencies to:
69	69	(A) owners and tenants of adjacent real property
70	70	and the property owners' association of each adjacent residential
71	71	subdivision, as applicable; and
72	72	(B) each member of the board of trustees of a
73	73	school district that serves the geographic area in which the
74	74	facility is located;
75	75	(4) implement best management practices for:
76	76	(A) conserving water;
77	77	(B) minimizing visible dust from active
78	78	extraction areas at the aggregate production operation, including
79	79	those areas not immediately revegetated;
80	80	(C) removing noncommercial material and old and
81	81	unused extraction equipment from the facility site; and
82	82	(D) cleaning and mowing of on-site equipment
83	83	yards; and
84	84	(5) submit to the commission a post-extraction land
85	85	use plan that includes:
86	86	(A) provisions for permanent removal of
87	87	extraction equipment;
88	88	(B) provisions for revegetation, including the
89	89	use of appropriate local vegetation types that are adequate for
90	90	post-extraction uses of land, as determined by the owner or
91	91	operator;
92	92	(C) slope and grading standards to allow for
93	93	traversing of livestock; and
94	94	(D) proposed land reuse options, such as
95	95	agricultural, natural, open space, or redevelopment uses or the
96	96	creation of a pond or lake.
97	97	(c) The commission by rule shall adopt best management
98	98	practices for the purposes of Subsection (b)(4). Before the
99	99	commission proposes a rule under this subsection, the commission
100	100	must use negotiated rulemaking procedures under Chapter 2008,
101	101	Government Code.
102	102	(d) The commission shall make each post-extraction land use
103	103	plan submitted under Subsection (b)(5) available on the
104	104	commission's Internet website.
105	105	(e) If the land on which the facility to be permitted is
106	106	located is owned by a person other than the owner or operator of the
107	107	facility, the owner or operator of the facility may submit to the
108	108	commission an agreement made between the landowner and the facility
109	109	owner or operator for post-extraction land uses instead of the
110	110	post-extraction land use plan required under Subsection (b)(5).
111	111	(f) The commission shall inspect a facility for compliance
112	112	with this section during regular inspections under this chapter and
113	113	Chapter 28A, Water Code.
114	114	Sec. 382.0652. STANDARD PERMIT FOR CERTAIN ROCK CRUSHING
115	115	FACILITIES: NOTICE AND HEARING. (a) A person may not begin
116	116	construction of a new or modification of an existing rock crushing
117	117	facility under a standard permit issued under Section 382.0651
118	118	unless the commission authorizes the person to use the permit as
119	119	provided by this section. The notice and hearing requirements of
120	120	this section apply only to an application for authorization to use a
121	121	standard permit issued under Section 382.0651. An applicant for a
122	122	permit for a rock crushing facility that does not meet the
123	123	requirements of a standard permit issued under Section 382.0651
124	124	must comply with:
125	125	(1) Section 382.058 to obtain authorization to use a
126	126	standard permit issued under Section 382.05195 or a permit by rule
127	127	adopted under Section 382.05196; or
128	128	(2) Section 382.056 to obtain a permit issued under
129	129	Section 382.0518.
130	130	(b) An applicant for an authorization to use a standard
131	131	permit issued under Section 382.0651 must publish notice under this
132	132	section not later than the earlier of:
133	133	(1) the 30th day after the date the applicant receives
134	134	written notice from the executive director that the application is
135	135	technically complete; or
136	136	(2) the 75th day after the date the executive director
137	137	receives the application.
138	138	(c) The applicant must publish notice at least once in a
139	139	newspaper of general circulation in the municipality in which the
140	140	facility is located or proposed to be located or in the municipality
141	141	nearest to the location or proposed location of the facility. If
142	142	the elementary or middle school nearest to the location or proposed
143	143	location of the facility provides a bilingual education program as
144	144	required by Subchapter B, Chapter 29, Education Code, the applicant
145	145	must also publish the notice at least once in an additional
146	146	publication of general circulation in each municipality or county
147	147	in which the facility is located or proposed to be located that is
148	148	published in the language taught in the bilingual education
149	149	program. This requirement is waived if such a publication does not
150	150	exist or if the publisher refuses to publish the notice.
151	151	(d) The notice must include:
152	152	(1) a brief description of the location or proposed
153	153	location and nature of the facility;
154	154	(2) a description, including a telephone number, of
155	155	the manner in which the executive director may be contacted for
156	156	further information;
157	157	(3) a description, including a telephone number, of
158	158	the manner in which the applicant may be contacted for further
159	159	information;
160	160	(4) the location and hours of operation of the
161	161	commission's regional office at which a copy of the application is
162	162	available for review and copying; and
163	163	(5) a brief description of the public comment process,
164	164	including the time and location of the public hearing, and the
165	165	mailing address and deadline for filing written comments.
166	166	(e) The public comment period begins on the first date
167	167	notice is published under Subsection (b) and extends to the close of
168	168	the public hearing.
169	169	(f) Not later than the 30th day before the date of the public
170	170	hearing, the commission shall notify the following entities of the
171	171	date, time, and place of the hearing:
172	172	(1) each municipality and county in which the facility
173	173	is located or proposed to be located;
174	174	(2) the Texas Department of Transportation;
175	175	(3) each groundwater conservation district with
176	176	jurisdiction over the area in which the facility is located or
177	177	proposed to be located; and
178	178	(4) each state representative and state senator
179	179	representing the area in which the facility is located or proposed
180	180	to be located.
181	181	(g) Section 382.056 of this code and Chapter 2001,
182	182	Government Code, do not apply to a public hearing held under this
183	183	section. A public hearing held under this section is not an
184	184	evidentiary proceeding. Any person may submit an oral or written
185	185	statement concerning the application at the public hearing. The
186	186	applicant may set reasonable limits on the time allowed for oral
187	187	statements at the public hearing.
188	188	(h) The applicant, in cooperation with the executive
189	189	director, must hold the public hearing not less than 30 days and not
190	190	more than 45 days after the first date notice is published under
191	191	Subsection (b). The public hearing must be held in the county in
192	192	which the facility is located or proposed to be located.
193	193	(i) Not later than the 35th day after the date the public
194	194	hearing is held, the executive director shall approve or deny the
195	195	application for authorization to use the standard permit. The
196	196	executive director shall base the decision on whether the
197	197	application meets the requirements of Section 382.0651. The
198	198	executive director shall consider all comments received during the
199	199	public comment period and at the public hearing in determining
200	200	whether to approve the application. If the executive director
201	201	denies the application, the executive director shall state the
202	202	reasons for the denial and any modifications to the application
203	203	that are necessary for the facility to qualify for the
204	204	authorization.
205	205	(j) The executive director shall issue a written response to
206	206	any relevant and material public comments received related to the
207	207	issuance of an authorization to use the standard permit at the same
208	208	time as or as soon as practicable after the executive director
209	209	grants or denies the application. Issuance of the response after
210	210	the granting or denial of the application does not affect the
211	211	validity of the executive director's decision to grant or deny the
212	212	application. The executive director shall:
213	213	(1) mail the response to each person who filed a
214	214	comment; and
215	215	(2) make the response available to the public.
216	216	Sec. 382.0653. CITIZEN ADVISORY COMMITTEE FOR ROCK CRUSHING
217	217	FACILITIES. (a) This section applies only to a permit issued under
218	218	this chapter, or an authorization to use a permit issued under this
219	219	chapter, to operate a rock crushing facility.
220	220	(b) The commission shall establish a citizen advisory
221	221	committee to act as a liaison between the commission, an applicant
222	222	for a permit or an authorization to use a permit, and neighboring
223	223	communities during the application process to identify community
224	224	concerns. Section 2110.008, Government Code, does not apply to the
225	225	citizen advisory committee.
226	226	SECTION 4. This Act takes effect September 1, 2025.