SB2274 - Relating to the response by the Texas Commission on Environmental Quality to certain complaints about certain concrete plants and crushing facilities.

  89R492 JXC-D     By: Miles S.B. No. 2274       A BILL TO BE ENTITLED   AN ACT   relating to the response by the Texas Commission on Environmental   Quality to certain complaints about certain concrete plants and   crushing facilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter E, Chapter 5, Water Code, is amended   by adding Section 5.180 to read as follows:           Sec.   5.180.     CONCRETE PERMIT; RESPONSE TO COMPLAINTS.   (a)     This section applies only to a facility, as defined by Section   382.003, Health and Safety Code, that is:                 (1)     a concrete plant that performs wet batching, dry   batching, or central mixing operating under a permit issued under   Section 382.0518, 382.05195, or 382.05198, Health and Safety Code;   or                 (2)     a concrete crushing facility operating under a   permit issued under Section 382.0518 or 382.05195, Health and   Safety Code.           (b)     The commission shall immediately investigate a   complaint received by the commission concerning air pollution, as   defined by Section 382.003, Health and Safety Code, or pollution,   as defined by Section 26.001 of this code, caused by a facility if   the complaint is signed by at least 500 persons, each of whom   resides in a permanent residence within 1.5 miles of the facility.           (c)     Section 5.177 does not apply to a complaint filed under   this section. The commission shall post a statement on the   commission's Internet website of the status of the investigation   until the final disposition of the complaint.           (d)     The commission shall provide an opportunity for the   public to comment in writing on the complaint. The commission shall   post notice of the opportunity to comment on the commission's   Internet website not later than the 30th day before the date on   which the public comment period closes.           (e)     After the conclusion of the public comment period and   when the investigation is complete, the commission shall post on   the commission's Internet website a written report that includes   the results of the investigation and a summary of the public   comments.           (f)     If the commission determines that grounds described by   Section 7.302(b) of this code may exist for revoking or suspending a   permit or authorization under which the facility is operating under   Chapter 382, Health and Safety Code, or Chapter 26 of this code, the   commission shall hold a public hearing on the potential revocation   or suspension under Section 7.306 of this code.   In addition to any   other notice of the hearing required by law, the commission shall   post notice of the hearing on the commission's Internet website not   later than the 14th day before the date of the hearing.          SECTION 2.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.