Concrete Plants Get 7-To-7 Hours The Director Can Override

The text as introduced · 420 words

89R10164 KRM-F

By: Alvarado
S.B. No. 1178

A BILL TO BE ENTITLED

AN ACT

relating to standard permits for certain concrete plants.

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

SECTION 1. Section 382.05195, Health and Safety Code, is

amended by amending Subsection (k) and adding Subsection (l) to

read as follows:

(k) An application for an authorization to use [ 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 the commission, must include :

(1) a statement of the proposed daily hours of

operation for:

(A) the facility; and

(B) vehicles associated with transporting

material to or from the facility; and

(2) a plot plan that clearly shows:

(A) [ (1) ] a distance scale;

(B) [ (2) ] a north arrow;

(C) [ (3) ] all property lines, emission points,

buildings, tanks, and process vessels and other process equipment

in the area in which the facility will be located;

(D) [ (4) ] at least two benchmark locations in the

area in which the facility will be located; and

(E) [ (5) ] if the permit requires a distance,

setback, or buffer from other property or structures as a condition

of the permit, whether the required distance or setback will be met.

(l) A standard permit described by Subsection (k):

(1) must require that, unless the executive director

provides otherwise in the authorization to use the standard permit:

(A) the facility operate only after 7:00 a.m. and

before 7:00 p.m.; and

(B) at the facility site, vehicles transport

material used in the production of concrete only after 5:00 a.m. and

before 9:00 p.m.;

(2) may allow the executive director to include in the

authorization to use the standard permit alternative operating

hours for the facility for use during not more than five days per

calendar year to accommodate special circumstances;

(3) must allow the appropriate commission regional

office to authorize temporary alternative operating hours for the

facility in response to a disaster or other emergency; and

(4) must require that records be maintained on site

that show the use of alternative operating hours authorized under

Subdivision (2) or (3).

SECTION 2. Section 382.051985, Health and Safety Code, is

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

(c) Section 382.05195(l) does not apply to a plant permitted

under this section.

SECTION 3. This Act takes effect September 1, 2025.