HBA-MPM C.S.H.B. 2134 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2134 By: Solomons Environmental Regulation 4/5/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE The volume of cement truck traffic associated with a concrete batch plant may pose the risk of accidents, especially when the plant is built in proximity to a school. C.S.H.B. 2134 prohibits the Texas Natural Resource Conservation Commission from issuing a permit or exemption for a new concrete batch plant within a one-mile radius of a public or private school, unless the board of trustees of the school district where the public school is located or the governing body of the private school provides written notice to TNRCC before the comment period for the permit or standard exemption expires and expressly objects to the construction of the batch plant. 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. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter C, Chapter 382, Health and Safety Code, by adding Section 382.0535, as follows: Sec. 382.0535. PROHIBITION ON PERMIT FOR CERTAIN CONCRETE BATCH PLANTS. (a) Prohibits the Texas Natural Resource Conservation Commission (TNRCC), notwithstanding any other law, from issuing a permit or exemption for a new concrete batch plant, the outer perimeter of which would be located less than one mile from a public or private school accredited by an accrediting organization unless the applicant has obtained from the board of trustees of the school district where the public school is located, or the governing body of the private school, the following: (1) written notice to TNRCC before the comment period for the permit or standard exemption expires; and (2) that this notice expressly objects to the issuance of the permit or standard exemption. (b) Makes this section inapplicable to the location of a temporary concrete batch plant used to facilitate a public works project authorized by the state or a political subdivision of the state. SECTION 2. (a) Makes this Act inapplicable to a proceeding of TNRCC that relates to an application for a permit or exemption for a concrete batch plant that, on the effective date of this Act, is substantially constructed. (b) Makes application of this Act prospective with respect to a concrete batch plant that is substantially constructed as of the effective date of the Act. SECTION 3.Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2134 modifies the original bill by adding new Subsections (a) to proposed Section 382.0535 in SECTION 1 to prohibit the Texas Natural Resource Conservation Commission (TNRCC) from issuing a permit or exemption for a new concrete batch plant if the outer parameter is located less than one mile, rather than two miles, from a public or private school, unless the applicant has obtained from the board of trustees of the school district where the public school is located, or the governing body of the private school, written notice to TNRCC before the comment period for the permit or standard exemption expires, and this notice expressly objects to the issuance of the permit or standard exemption. The substitute adds new Subsection (b) to proposed Section 382.0535 to make this section inapplicable to the location of a temporary concrete batch plant used to facilitate a public works project authorized by the state or a political subdivision of the state. Furthermore, the substitute deletes language in the original bill prohibiting the commission from issuing a plant permit for a new concrete batch plant within two miles of a residence that is in a residential area that is established and substantially inhabited prior to the filing of the application. SECTION 2 is modified in which the original provided that this Act did not apply to a permit for a concrete batch plant filed before the effective date of the Act. This substitute makes this Act inapplicable to a TNRCC proceeding relating to an application for a permit or exemption for a concrete batch plant which is substantially constructed as of the effective date of the Act. Makes conforming changes.