Wilson Certification Bill Waits Until 2028 For Its Only Teeth

The text as introduced · 649 words

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.