Bill Text: TX HB5009 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the establishment of a certification program for public work contracting purposes for operators of certain facilities that emit air contaminants.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-23 - Referred to Environmental Regulation [HB5009 Detail]
Download: Texas-2023-HB5009-Introduced.html
| 88R7226 JXC-D | ||
| By: Wilson | H.B. No. 5009 | |
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| 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, 2026. | ||
| SECTION 4. This Act takes effect September 1, 2023. | ||
