SB 3046

relating to air quality permits for certain concrete plants and
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 382.004(c), Health and Safety Code, is
(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
(A)  concrete crushing facility; or
(B)  concrete plant that performs wet batching,
dry batching, or central mixing that is located within 2000 yards of
SECTION 2.  Section 382.065, Health and Safety Code, is
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
(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
(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
(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
(i)  in the manufacture of products that
contain recycled materials; and
(ii)  that is located in an enclosed
(i)  within 25 miles of an international
(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
(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
(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
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.