bill making unbuilt concrete plants match amended permits

The text as introduced · 486 words

89R5987 ANG-D

By: Alvarado
S.B. No. 2351

A BILL TO BE ENTITLED

AN ACT

relating to the construction, expansion, or modification of certain

concrete plants under a standard permit.

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

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

amended by adding Subsection (f-1) and amending Subsection (k) to

read as follows:

(f-1) This subsection applies only to a standard permit

issued under this section that authorizes the operation of 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. If the commission amends

the standard permit, the commission may require each facility

operator authorized to begin new construction, expansion, or

modification of a facility under the former standard permit to

update the facility's plans for the new construction, expansion, or

modification in accordance with the amended standard permit if the

facility operator did not begin the construction, expansion, or

modification before the adoption of the amended permit.

(k) An application for an authorization to use [ the issuance

of ] a standard permit issued 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 a plot plan that

clearly shows:

(1) a distance scale;

(2) a north arrow;

(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;

(4) at least two benchmark locations in the area in

which the facility will be located; and

(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.

SECTION 2. Section 382.05198, Health and Safety Code, is

amended by amending Subsection (c) and adding Subsection (d) to

read as follows:

(c) An application for an authorization to use [ the issuance

of ] a standard permit issued under this section must include a plot

plan that meets the requirements of Section 382.05195(k).

(d) If the commission amends a standard permit issued under

this section, the commission may require each facility operator

authorized to begin new construction, expansion, or modification of

a facility under the former standard permit to update the

facility's plans for the new construction, expansion, or

modification in accordance with the amended standard permit if the

facility operator did not begin the construction, expansion, or

modification before the adoption of the amended permit.

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.