HBA-MPM S.B. 1298 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1298
By: Brown
Environmental Regulation
5/4/1999
Engrossed



BACKGROUND AND PURPOSE 

Under current law, concrete batch plants are eligible for a standard
exemption permit from the Texas Natural Resource Conservation Commission
(TNRCC).  Prior to the granting of the standard exemption permit, concrete
batch plants were required to provide public notice and required to
participate in a public hearing.  Air dispersion modeling has been
introduced at the public hearing, greatly increasing the cost to the
applicant and TNRCC.  TNRCC has concluded after extensive research that the
rules and regulations pertaining to the standard exemption for concrete
batch plants were protective.  S.B. 1298 creates a prohibition on requiring
air dispersion modeling before beginning construction of a concrete plant
under certain circumstances. 

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 Section 382.058, Health and Safety Code, by adding
Subsection (d), to prohibit the Texas Natural Resource Conservation
Commission (TNRCC) from requiring a person qualifying for the exemption to
conduct air dispersion modeling before beginning construction of a concrete
plant and to prohibit submitting related evidence at a hearing under
Section 382.056 (Notice of Intent to Obtain Permit or Permit Review;
Hearing), Health and Safety Code, if TNRCC considers air dispersion
modeling information in the course of adopting an exemption under Section
382.057 (Exemption), Health and Safety Code, for a concrete plant that
performs wet batching, dry batching, or central mixing.  

SECTION 2.  Amends the heading to Section 382.058, Health and Safety Code,
as follows:  

Sec. 382.058. New title: PROVISIONS RELATING TO COMMISSION EXEMPTION FOR
CONSTRUCTION OF CERTAIN CONCRETE PLANTS.  

SECTION 3.Emergency clause.
  Effective date: upon passage.