| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to requirements for certain air quality permit |
|
|
applications for aggregate productions located in the jurisdiction |
|
|
of a municipality. |
|
|
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 (k) to read as follows: |
|
|
( |
|
|
k) For permit applications filed after August 31, 2019 for |
|
|
facilities located within the corporate limits, or |
|
|
extraterritorial jurisdiction of a municipality if the property |
|
|
boundary upon which the permit is proposed is located within 880 |
|
|
yards from property that has entered into a development agreement |
|
|
with the municipality, the applicant shall include a letter from |
|
|
the municipality verifying that construction and operation of the |
|
|
facility under the proposed permit is a land use authorized by the |
|
|
municipality's zoning regulations, or is compatible with the land |
|
|
use established by the development agreement, as applicable. The |
|
|
commission shall not issue a permit for property that has not |
|
|
received the requisite verification described herein. However, in |
|
|
the event that the municipality does not provide a response to the |
|
|
permit applicant within 30 days from the date the verification |
|
|
letter was requested by the permit applicant, the verification |
|
|
shall be deemed to have been provided. |
|
|
Section 382.113, Health and Safety Code, is amended by adding |
|
|
Subsection (c) to read as follows: |
|
|
(c) Any application for a permit issued under this Chapter |
|
|
for a facility to be located within the corporate limits of a |
|
|
municipality, or within the extraterritorial jurisdiction of the |
|
|
municipality if the proposed permit property boundary is located |
|
|
within 880 yards from property that has entered into a development |
|
|
agreement with the municipality, shall include verification from |
|
|
the municipality that the activity for which the permit is sought is |
|
|
authorized pursuant to the municipality's zoning regulations or is |
|
|
compatible with the land use established by the development |
|
|
agreement, as applicable. However, in the event that the |
|
|
municipality does not provide a response to the permit applicant |
|
|
within 30 days from the date the verification letter was requested |
|
|
by the permit applicant, the verification shall be deemed to have |
|
|
been provided. |
|
|
SECTION 2. The changes in law made by this Act apply only to |
|
|
an application for a permit that is filed with the Texas Commission |
|
|
on Environmental Quality on or after the effective date of this Act. |
|
|
An application for a permit filed before the effective date of this |
|
|
Act is governed by the law in effect on the date of filing, and that |
|
|
law is continued in effect for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2019. |