HBA-KDB H.B. 3560 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3560
By: Denny
Environmental Regulation
4/9/2001
Introduced



BACKGROUND AND PURPOSE 

Concrete, hot mix asphalt, or rock crushing plants are a source of
pollution because of the emission of particulate matter.  There is concern
that such plants may apply to the Texas Natural Resource Conservation
Commission (TNRCC) for a permit to operate close to a school or residential
neighborhood, which may cause health and welfare problems for students and
residents.  House Bill 3560 prohibits TNRCC from issuing such a permit for
a new concrete, hot mix asphalt, or rock plant if the outer perimeter of
all sources of emission from such a plant would be located less than one
mile from a school or residence. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Natural Resource Conservation
Commission in SECTION 1 (Section 382.0535, Health and Safety Code) of this
bill. 

ANALYSIS

House Bill 3560 amends the Health and Safety Code to prohibit the Texas
Natural Resource Conservation Commission (TNRCC) from issuing a permit,
standard permit, or permit by rule (permit) for a new concrete, hot mix
asphalt, or rock crushing plant (plant) where the outer perimeter of all
sources of emission would be located less than one mile from a public or
private school if the board of trustees of the school district where the
public school is located or if the governing body of the private school
provides written notice to TNRCC before the comment period for the permit
or standard exemption expires that expressly objects to the issuance of the
permit or standard exemption.   

The bill prohibits TNRCC from issuing a permit or exemption for a plant
where the outer perimeter of all sources of emission would be located less
than one mile from a residence or other inhabitable structure that is
occupied or used by a person other than the operator of the proposed new
plant or the owner or operator of the property on which the proposed new
plant is to be located.   

The bill requires TNRCC to adopt rules to implement these provisions.  The
bill does not apply to the location of a temporary or nonpermanent concrete
batch plant used to facilitate a public works project authorized by the
state or a political subdivision of the state.  The bill applies to a
county with a population of 500,000 or more or a county adjacent to a
county with a population of 500,000 or more. 

EFFECTIVE DATE

September 1, 2001.