bill requiring fast response to concrete plant complaints

The text as introduced · 475 words

89R492 JXC-D

By: Miles
S.B. No. 2274

A BILL TO BE ENTITLED

AN ACT

relating to the response by the Texas Commission on Environmental

Quality to certain complaints about certain concrete plants and

crushing facilities.

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

SECTION 1. Subchapter E, Chapter 5, Water Code, is amended

by adding Section 5.180 to read as follows:

Sec. 5.180. CONCRETE PERMIT; RESPONSE TO COMPLAINTS. (a)

This section applies only to a facility, as defined by Section

382.003, Health and Safety Code, that is:

(1) a concrete plant that performs wet batching, dry

batching, or central mixing operating under a permit issued under

Section 382.0518, 382.05195, or 382.05198, Health and Safety Code;

or

(2) a concrete crushing facility operating under a

permit issued under Section 382.0518 or 382.05195, Health and

Safety Code.

(b) The commission shall immediately investigate a

complaint received by the commission concerning air pollution, as

defined by Section 382.003, Health and Safety Code, or pollution,

as defined by Section 26.001 of this code, caused by a facility if

the complaint is signed by at least 500 persons, each of whom

resides in a permanent residence within 1.5 miles of the facility.

(c) Section 5.177 does not apply to a complaint filed under

this section. The commission shall post a statement on the

commission's Internet website of the status of the investigation

until the final disposition of the complaint.

(d) The commission shall provide an opportunity for the

public to comment in writing on the complaint. The commission shall

post notice of the opportunity to comment on the commission's

Internet website not later than the 30th day before the date on

which the public comment period closes.

(e) After the conclusion of the public comment period and

when the investigation is complete, the commission shall post on

the commission's Internet website a written report that includes

the results of the investigation and a summary of the public

comments.

(f) If the commission determines that grounds described by

Section 7.302(b) of this code may exist for revoking or suspending a

permit or authorization under which the facility is operating under

Chapter 382, Health and Safety Code, or Chapter 26 of this code, the

commission shall hold a public hearing on the potential revocation

or suspension under Section 7.306 of this code. In addition to any

other notice of the hearing required by law, the commission shall

post notice of the hearing on the commission's Internet website not

later than the 14th day before the date of the hearing.

SECTION 2. 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.