bill letting locals comment on concrete plant emission fixes

The text as introduced · 393 words

89R5572 JRR-D

By: Thompson
H.B. No. 2883

A BILL TO BE ENTITLED

AN ACT

relating to corrective action plans for excessive emissions events

involving certain concrete facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 382.0216, Health and Safety Code, is

amended by adding Subsection (c-1) to read as follows:

(c-1) This subsection applies only to an excessive

emissions event from a facility that is a concrete crushing

facility or a concrete plant that performs wet batching, dry

batching, or central mixing. Before a facility to which this

subsection applies files a corrective action plan under Subsection

(c), the facility must submit the proposed corrective action plan

to the appropriate local governmental officials and provide those

officials with an opportunity to comment on the plan in accordance

with rules adopted by the commission under this subsection. The

commission shall adopt rules to implement this subsection,

including rules establishing the length of the comment period,

specifying the local government officials to whom a proposed

corrective action plan is required to be submitted, and specifying

the process for local governmental officials to submit comments on

the proposed corrective action plan. The commission shall reject

and deny a corrective action plan filed by a facility to which this

subsection applies if the commission finds that the facility did

not comply with the requirements of this subsection or rules

adopted under this subsection before filing the plan.

SECTION 2. (a) Not later than December 1, 2025, the Texas

Commission on Environmental Quality shall adopt the rules required

by Section 382.0216(c-1), Health and Safety Code, as added by this

Act.

(b) Section 382.0216, Health and Safety Code, as amended by

this Act, applies only to a corrective action plan filed with the

Texas Commission on Environmental Quality on or after January 1,

2026. A corrective action plan filed with the Texas Commission on

Environmental Quality before January 1, 2026, is governed by the

law in effect on the date of filing, and the former law is continued

in effect for that purpose.

SECTION 3. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.