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Texas : 2025 Regular Session : BILL HB1018

Relating to the establishment of a certification program for public work contracting purposes for operators of certain facilities that emit air contaminants.

Sponsor: Rep Terry Wilson

Bill Details

Relating to the establishment of a certification program for public work contracting purposes for operators of certain facilities that emit air contaminants.

Bill summary (AI generated)

This bill proposes the establishment of a certification program for operators of certain facilities that emit air contaminants in Texas. Specifically, it amends the Health and Safety Code to include a new section, 382.069, which mandates the creation of a certification program for the operators of aggregate production operations and concrete batch plants.

Key Provisions:

1. **Certification Program Establishment**: The Texas commission will create a certification program for operators of facilities permitted for aggregate production or concrete processing.

2. **Best Management Practices (BMPs)**: The commission is tasked with adopting BMPs related to air quality monitoring, water use, and operational practices at these facilities.

3. **Inspection and Compliance**: Facilities will be inspected for compliance with BMPs when determining permit grants or renewals. Operators complying with BMPs will receive certification, while non-compliance will result in a notification and potential revocation of certification.

4. **Reinspection Request**: Operators may request a reinspection following initial non-certification or post-revocation to assess eligibility for certification again.

5. **Exemption from Penalties**: Violating BMPs will not incur penalties under the Health and Safety Code or Water Code.

6. **Public Work Contract Requirement**: For public work contracts involving these facilities, bidders must include a statement confirming that the operators will hold the necessary certification for compliance.

7. **Implementation Date**: The provisions will apply to contracts solicited after September 1, 2028, and the Act takes effect on September 1, 2025.

This legislation aims to enhance monitoring and accountability for facilities that can emit air contaminants through a structured certification process.

History

The bill was filed in November 2024 and has recently been read for the first time in early March 2025. Following this initial reading, it has been referred to the Environmental Regulation committee, which is responsible for reviewing its content and making recommendations. The bill is still active, and the next steps will involve discussions and potential amendments within the committee, followed by a vote. Depending on the outcome, it may then proceed to further legislative stages, including potential debates in the wider legislative assembly.

Tue 12 Nov 2024 Filed
Fri 07 Mar 2025 Read first time
Fri 07 Mar 2025 Referred to Environmental Regulation

Bill text (HTML)



	By: Wilson	H.B. No. 1018



	A BILL TO BE ENTITLED
	AN ACT
	relating to the establishment of a certification program for public
	work contracting purposes for operators of certain facilities that
	emit air contaminants.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter C, Chapter 382, Health and Safety
	Code, is amended by adding Section 382.069 to read as follows:
	Sec. 382.069. BEST PRACTICES OPERATOR CERTIFICATION FOR
	AGGREGATE PRODUCTION OPERATIONS AND CONCRETE BATCH PLANTS. (a)
	The commission by rule shall establish a certification program for
	operators of facilities that have been issued a permit or an
	authorization to use a permit under this chapter for:
	(1) the production of aggregates, as defined by
	Section 28A.001, Water Code; or
	(2) the operation of a concrete plant that performs
	wet batching, dry batching, or central mixing.
	(b) The commission shall adopt best management practices
	for operators of facilities described by Subsection (a), including
	practices for air quality monitoring, water use, and blasting at
	facilities.
	(c) If the commission inspects a facility when determining
	whether to grant or renew a permit or authorization to use a permit
	for the facility under this chapter, the commission shall inspect
	practices at the facility at that time for compliance with the best
	management practices adopted under this section. The commission
	shall:
	(1) certify the operator of the facility under this
	section as a best practices operator if the commission determines
	that the operator has complied with the best management practices
	in the operation of the facility; or
	(2) notify the operator of the facility that the
	facility cannot be certified at that time if the commission
	determines that the operator has not complied with the best
	management practices in the operation of the facility.
	(d) If the commission determines that an operator certified
	under this section is not complying with the best management
	practices in the operation of a facility that was the basis of the
	certification, the commission shall:
	(1) notify the operator; and
	(2) revoke the certification if the operator does not
	comply with the best management practices at the facility before
	the 90th day after the date of the notification.
	(e) At the request of the operator of the facility, the
	commission shall reinspect a facility for potential:
	(1) certification after an initial inspection if the
	commission finds at the initial inspection that the operator is not
	eligible for certification; or
	(2) recertification after the revocation of the
	certification under Subsection (d).
	(f) The commission may not impose a penalty under this
	chapter or Chapter 7, Water Code, for a violation of a best
	management practice adopted under this section.
	SECTION 2. Subchapter B, Chapter 2269, Government Code, is
	amended by adding Section 2269.061 to read as follows:
	Sec. 2269.061. REQUIRED STATEMENT FOR BIDS AND PROPOSALS
	INVOLVING AGGREGATE PRODUCTION OPERATIONS AND CONCRETE BATCH
	PLANTS. (a) This section applies only to a public work contract
	requiring goods or services of an operator of a facility that has
	been issued a permit or an authorization to use a permit under
	Chapter 382, Health and Safety Code, for:
	(1) the production of aggregates, as defined by
	Section 28A.001, Water Code; or
	(2) the operation of a concrete plant that performs
	wet batching, dry batching, or central mixing.
	(b) A person who submits a bid or proposal under this
	chapter for a public work contract to which this section applies
	shall include in the bid or proposal a statement that any operator
	of a facility described by Subsection (a) supplying goods or
	services under the contract will hold a certification under Section
	382.069, Health and Safety Code.
	SECTION 3. Section 2269.061, Government Code, as added by
	this Act, applies only to a contract for which a governmental entity
	first advertises or otherwise solicits bids or proposals on or
	after September 1, 2028.
	SECTION 4. This Act takes effect September 1, 2025.

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