BILL ANALYSIS Senate Research Center C.S.S.B. 763 89R18659 KRM-D By: Alvarado Natural Resources 3/19/2025 Committee Report (Substituted) AUTHOR'S / SPONSOR'S STATEMENT OF INTENT The purpose of C.S.S.B. 763 is to improve regulatory efficiency and review of air quality standard permits issued by the Texas Commission on Environmental Quality (TCEQ) for concrete batch plants. Currently, TCEQ does not require a periodic protectiveness review for standard permits even though current law requires renewal of these permits every ten years. C.S.S.B. 763 aims to promote the health and safety of Texans and the environment by ensuring compliance and regular review of permit standards. Specifically, C.S.S.B. 763 requires an updated protectiveness review every six years. C.S.S.B 763 does not apply to the standard permit with enhanced controls. C.S.S.B. 763 amends current law relating to standard permits for certain concrete plants. RULEMAKING AUTHORITY Rulemaking authority is expressly granted to the Texas Commission on Environmental Quality in SECTION 2 of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 382.05195, Health and Safety Code, by adding Subsection (e-1) and amending Subsection (k), as follows: (e-1) Provides that this subsection applies only to a standard permit issued under Section 382.05195 (Standard Permit) that authorizes the operation of a permanent concrete plant that performs wet batching, dry batching, or central mixing, as defined by the Texas Commission on Environmental Quality (TCEQ). Requires TCEQ to at least once every six years conduct a protectiveness review of the permit regarding the operation of a permanent concrete plant described by this subsection, including by reviewing available background concentrations of air pollutants. Requires TCEQ, if TCEQ amends the permit after a protectiveness review, to allow facilities authorized to emit air contaminants under the permit as it read before the amendment to continue to operate until a date provided by TCEQ under Subsection (f) (relating to requiring that a facility authorized to emit air contaminants under a standard permit comply with an amendment to the permit beginning on the date authorization is renewed or a date the commission provides) that provides facility operators a reasonable amount of time to comply with the amended permit. (k) Requires that an application for an authorization to use, rather than an application for the issuance of, a standard permit under this section for a concrete plant that performs wet batching, dry batching, or central mixing, including a permanent, temporary, or specialty concrete batch plant, as defined by TCEQ, include a plot plan that clearly shows certain information. SECTION 2. Requires TCEQ, not later than March 1, 2026, to adopt rules necessary to implement the changes in law made by this Act. SECTION 3. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center C.S.S.B. 763
89R18659 KRM-D By: Alvarado
Natural Resources
3/19/2025
Committee Report (Substituted)
Senate Research Center
C.S.S.B. 763
89R18659 KRM-D
By: Alvarado
Natural Resources
3/19/2025
Committee Report (Substituted)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The purpose of C.S.S.B. 763 is to improve regulatory efficiency and review of air quality standard permits issued by the Texas Commission on Environmental Quality (TCEQ) for concrete batch plants. Currently, TCEQ does not require a periodic protectiveness review for standard permits even though current law requires renewal of these permits every ten years.
C.S.S.B. 763 aims to promote the health and safety of Texans and the environment by ensuring compliance and regular review of permit standards. Specifically, C.S.S.B. 763 requires an updated protectiveness review every six years. C.S.S.B 763 does not apply to the standard permit with enhanced controls.
C.S.S.B. 763 amends current law relating to standard permits for certain concrete plants.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the Texas Commission on Environmental Quality in SECTION 2 of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 382.05195, Health and Safety Code, by adding Subsection (e-1) and amending Subsection (k), as follows:
(e-1) Provides that this subsection applies only to a standard permit issued under Section 382.05195 (Standard Permit) that authorizes the operation of a permanent concrete plant that performs wet batching, dry batching, or central mixing, as defined by the Texas Commission on Environmental Quality (TCEQ). Requires TCEQ to at least once every six years conduct a protectiveness review of the permit regarding the operation of a permanent concrete plant described by this subsection, including by reviewing available background concentrations of air pollutants. Requires TCEQ, if TCEQ amends the permit after a protectiveness review, to allow facilities authorized to emit air contaminants under the permit as it read before the amendment to continue to operate until a date provided by TCEQ under Subsection (f) (relating to requiring that a facility authorized to emit air contaminants under a standard permit comply with an amendment to the permit beginning on the date authorization is renewed or a date the commission provides) that provides facility operators a reasonable amount of time to comply with the amended permit.
(k) Requires that an application for an authorization to use, rather than an application for the issuance of, a standard permit under this section for a concrete plant that performs wet batching, dry batching, or central mixing, including a permanent, temporary, or specialty concrete batch plant, as defined by TCEQ, include a plot plan that clearly shows certain information.
SECTION 2. Requires TCEQ, not later than March 1, 2026, to adopt rules necessary to implement the changes in law made by this Act.
SECTION 3. Effective date: September 1, 2025.