bill keeping concrete plants away from homes and hospitals

The text as introduced · 726 words

By: Miles, Alvarado, Cook
S.B. No. 3046

A BILL TO BE ENTITLED

AN ACT

relating to air quality permits for certain concrete plants and

crushing facilities.

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

SECTION 1. Section 382.004(c), Health and Safety Code, is

amended to read as follows:

(c) A person may not begin construction under this section

if the facility that is the subject of the permit amendment :

(1) is concrete batch plant located within 880 yards

of a property that is used as a residence ; or

(2) is a:

(A) concrete crushing facility; or

(B) concrete plant that performs wet batching,

dry batching, or central mixing that is located within 2000 yards of

a hospital .

SECTION 2. Section 382.065, Health and Safety Code, is

amended to read as follows:

Sec. 382.065. CERTAIN LOCATIONS FOR OPERATING CERTAIN

CONCRETE FACILITIES [ CRUSHING FACILITY ] PROHIBITED. (a) This

section applies only to a facility that is:

(1) a concrete crushing facility; or

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

batching, or central mixing.

(a-1) The commission by rule shall prohibit the operation of

a concrete crushing facility within 440 yards of a building in use

as a single or multifamily residence, school, or place of worship at

the time the application for a permit to operate the facility at a

site near the residence, school, or place of worship is filed with

the commission.

(a-2) The commission by rule shall prohibit the operation of

a facility within 2000 yards of a building in use as a hospital.

(a-3) The measurement of distance for purposes of this

section is the shortest distance between [ subsection shall be taken

from the point on ] the [ concrete crushing ] facility and a building

or area described by Subsections (a-1) and (a-2) [ that is nearest to

the residence, school, or place of worship toward the point on the

residence, school, or place of worship that is nearest the concrete

crushing facility ].

(b) A rule adopted under this section [ Subsection (a) ] does

not apply to a [ concrete crushing facility ]:

(1) concrete crushing facility at a location for which

commission authorization for the operation of a concrete crushing

facility was in effect on September 1, 2001;

(2) facility at a location that satisfies the distance

requirements of Subsection (a-1) [ (a) ] at the time the application

for the initial authorization for the operation of that facility at

that location is filed with the commission, provided that the

authorization is granted and maintained, regardless of whether a

building described by Subsections (a-1)and(a-2) [ single or

multifamily residence, school, or place of worship ] is subsequently

built or put to use within 440 yards of the facility; or

(3) facility that:

(A) uses a concrete crusher:

(i) in the manufacture of products that

contain recycled materials; and

(ii) that is located in an enclosed

building; and

(B) is located:

(i) within 25 miles of an international

border; and

(ii) in a municipality with a population of

not less than 6,100 but not more than 20,000.

(c) Except as provided by Subsection (d), Subsection s (a-1)

and (a-2) [ (a) ] [ does ] do not apply to a concrete crushing facility

that:

(1) is engaged in crushing concrete and other

materials produced by the demolition of a structure at the location

of the structure and the concrete and other materials are being

crushed primarily for use at that location;

(2) operates at that location for not more than 180

days;

(3) the commission determines will cause no adverse

environmental or health effects by operating at that location; and

(4) complies with conditions stated in commission

rules, including operating conditions.

(d) Notwithstanding Subsection (c), Subsection (a-1) [ (a) ]

applies to a [ concrete crushing ] facility in a county with a

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

county.

SECTION 3. The changes in law made by this Act apply to an

application for a permit, permit amendment, or authorization to use

a permit filed with the Texas Commission on Environmental Quality

on or after the effective date of this Act and a permit subject to

pending litigation on the effective date of this act.

SECTION 4. This Act takes effect immediately.