Bill Text: TX SB1399 | 2023-2024 | 88th Legislature | Enrolled

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Bill Title: Relating to the renewal and review of standard permits for certain concrete plants.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Vetoed) 2023-06-17 - Vetoed by the Governor [SB1399 Detail]

Download: Texas-2023-SB1399-Enrolled.html

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S.B. No. 1399

AN ACT
relating to the renewal and review of standard permits for certain
concrete plants.
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 (e-1) and amending Subsection (k) to
read as follows:
(e-1) This subsection applies only to a standard permit
issued under this section that authorizes the operation of a
permanent concrete plant that performs wet batching, dry batching,
or central mixing, as defined by the commission. The commission
shall at least once every six years conduct a protectiveness review
of the permit regarding the operation of a permanent concrete plant
described by this subsection, including by reviewing available
background concentrations of air pollutants. If the commission
amends the permit after a protectiveness review, the commission
shall allow facilities authorized to emit air contaminants under
the permit as it read before the amendment to continue to operate
until a date provided by the commission under Subsection (f) that
provides facility operators a reasonable amount of time to comply
with the amended permit. Each authorization to use the permit is
subject to review at least once every six years to determine whether
the authority to operate the facility authorized by the permit
should be renewed.
(k) An application for an authorization to use [the issuance
of] a standard permit 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 under this section must include a plot plan
that meets the requirements of Section 382.05195(k).
(d) The commission shall at least once every six years
conduct a protectiveness review of a standard permit issued under
this section, including by reviewing available background
concentrations of air pollutants. If the commission amends the
permit after a protectiveness review, the commission shall allow
facilities authorized to emit air contaminants under the permit as
it read before the amendment to continue to operate until a date
provided by the commission that provides facility operators a
reasonable amount of time to comply with the amended permit. Each
authorization to use a standard permit issued under this section is
subject to review at least once every six years to determine whether
the authority to operate the facility authorized by the permit
should be renewed.
SECTION 3. (a) Not later than March 1, 2024, the Texas
Commission on Environmental Quality shall adopt rules necessary to
implement the changes in law made by this Act.
(b) After the effective date of this Act, notwithstanding
the changes in law made by this Act, the Texas Commission on
Environmental Quality may allow the continuation of an
authorization to use a permit issued before the effective date of
this Act until the date the authorization would have been eligible
for renewal under the law in effect immediately before the
effective date of this Act, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1399 passed the Senate on
May 1, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1399 passed the House on
May 24, 2023, by the following vote: Yeas 120, Nays 18,
one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor