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.