Miles Bill Keeps One Crusher Class Exempt Outside 3.3M Counties

The text as introduced · 575 words

89R442 JXC-D

By: Miles
S.B. No. 2276

A BILL TO BE ENTITLED

AN ACT

relating to notice of and opportunity for hearing on applications

for authorization to use certain permits for concrete batch plants

and concrete crushing facilities.

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

SECTION 1. The heading to Section 382.058, Health and

Safety Code, is amended to read as follows:

Sec. 382.058. NOTICE OF AND HEARING ON CONSTRUCTION OF

CONCRETE BATCH PLANT OR CONCRETE CRUSHING FACILITY UNDER PERMIT BY

RULE, STANDARD PERMIT, OR EXEMPTION.

SECTION 2. Section 382.058, Health and Safety Code, is

amended by amending Subsections (a), (b), and (c) and adding

Subsections (c-1) and (e) to read as follows:

(a) Unless the person has complied with the notice and

opportunity for hearing provisions under Section 382.056, a [ A ]

person may not begin construction on a:

(1) [ any ] concrete plant that performs wet batching,

dry batching, or central mixing under a standard permit under

Section 382.05195 or a permit by rule adopted by the commission

under Section 382.05196 ; or

(2) concrete crushing facility under a standard permit

under Section 382.05195 or a permit by rule adopted by the

commission under Section 382.05196 [ unless the person has complied

with the notice and opportunity for hearing provisions under

Section 382.056 ].

(b) This section does not apply to a :

(1) concrete plant or concrete crushing facility

located temporarily in the right-of-way, or contiguous to the

right-of-way, of a public works project ; or

(2) concrete crushing facility described by Section

382.065(c), unless that facility is located in a county with a

population of 3.3 million or more or in a county adjacent to such a

county .

(c) For purposes of this section, only those persons

actually residing in a permanent residence within 440 yards of the

proposed plant or facility may request a hearing under Section

382.056 as a person who may be affected.

(c-1) If the request for a hearing alleges that the distance

of a proposed concrete crushing facility from the requestor's

residence would violate Section 382.065, the commission may not

deny the hearing request based solely on the distance between the

requestor's residence and the facility.

(e) In addition to applying to an initial authorization to

use a standard permit under Section 382.05195 or a permit by rule

adopted by the commission under Section 382.05196 for a plant or

facility described by Subsection (a) of this section, this section

applies to any renewal of an authorization to use such a permit for

such a plant or facility. The prohibition on public comment and

public hearings in Section 382.056(g) regarding a renewal that

would not result in an increase in allowable emissions or in the

emission of an air contaminant not previously emitted does not

apply to a renewal described by this subsection.

SECTION 3. The change in law made by this Act applies only

to an application for an initial authorization or a renewal of an

authorization to use a standard permit or permit by rule that is

submitted to the Texas Commission on Environmental Quality on or

after the effective date of this Act. An application submitted

before the effective date of this Act is governed by the law in

effect at the time the application was submitted, and the former law

is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2025.