HBA-TBM S.B. 1390 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1390 By: Brown, J. E. "Buster" Environmental Regulation 5/4/2001 Engrossed BACKGROUND AND PURPOSE Currently, the Clean Air Act requires a rock crusher or concrete plant (facility) to obtain a preconstruction permit before commencing operation. Some facilities in Texas are operating without the necessary permits. Senate Bill 1390 requires the Texas Natural Resource Conservation Commission to immediately shut down a facility that is operating without the required permit and to impose a penalty for each day that a facility operates in violation of the permit requirements. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS Senate Bill 1390 amends the Water Code to require the Texas Natural Resource Conservation Commission to issue an emergency order suspending operations of a rock crusher or a concrete plant (facility) that performs wet batching, dry batching, or central mixing and is operating without a preconstruction permit required under the Texas Clean Air Act. The bill establishes a penalty of $10,000 for operating a facility without the required preconstruction permit and provides that each day that a continuing violation occurs is a separate violation. EFFECTIVE DATE September 1, 2001.