SB 3046

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), Subsections(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.