Bill Sponsors / Authors:

  Rep. Armando Walle
  D - Houston

  Sen. Carol Alvarado
  D - Houston

 

Supporting Documents / Links:

•   Aldine residents begged for a chance to stop a concrete plant. They didn’t know it was too late.
  Houston Chronicle - July 6, 2022
•   Restriction on concrete batch plants stall in Texas Legislature, but modest reforms advance
  Houston Chronicle - April 28, 2023
• Armando Walle Memo - “Changes to Concrete Batch Plant Permitting Process”
  June 8, 2023

Permit Protest Changes

During the 88th Legislature, Rep. Armando Walle and Sen. Carol Alvarado filed bills to address concerns on how communities can protest Concrete Batch Plant (CBP) permits in their communities through the Texas Commission on Environmental Quality (TCEQ).

First, House Bill 758 & Senate Bill 817 looked to address confusion that had come up directly from a case in Aldine.

As the Houston Chronicle reported:

“Aldine residents in April packed into a community room to tell state regulators that they did not want another concrete batch plant in their north Harris County neighborhood. They took turns over several hours pleading with officials to turn the Avant Garde application down.

Numerous residents that night submitted requests for what’s known as a contested case hearing — a step that would give them another chance to fight a facility they consider a hazard to their health. Dozens filled out a petition asking for one, state records show. Some asked on their own.

As it happened, the deadline for requesting a contested case hearing had already passed. But none of the people asking for one that night knew. And state environmental agency officials there didn’t publicly tell them. Regulators approved the permit for the facility, where the materials for concrete will be poured into trucks.

The ordeal left those involved feeling tricked, becoming an example for critics who say the Texas Commission on Environmental Quality fails to be transparent with the public and take their input into account.”

The current timeline for the public comment period for individuals to register feedback on a CBP permit application is limited to 30 days after the relevant notices are posted through the TCEQ, which is the same time period for an affected person to request a contested case hearing on the application.

If a public meeting is requested on the CBP application, TCEQ may extend the public comment period.

• However, the deadline for requesting a contested case hearing is not extended.

Rep. Armando Walle and Sen. Carol Alvarado’s legislation would allow the filing of a contested case hearing request at any time during the public comment period, including any extensions of the public comment period.

In the TCEQ Sunset Bill (Senate Bill 1397), language was included to allow for a contested case hearing to be requested up to 36 hours after the end of a public meeting on the application.  So although Walle & Alvarado’s bill didn’t pass on their own, their inclusion in SB 1397 means residents would be given more time to ask for a contested case hearing, a key step in providing a chance to fight a facility before the agency issues a permit.

Next, there was House Bill 759 & Senate Bill 816 that were meant to close a loophole in current law that makes it difficult for Texans to file a motion to overturn an already approved CBP permit with the TCEQ.

Currently, unlike other TCEQ permits, anyone who wants to overturn an approved CBP permit must file a petition for judicial review in the Travis County District Court – a costly, time-intensive process that would require legal representation.

These bills would have allowed an affected person to instead petition TCEQ directly to overturn the permit.

• Because of continued pressure by constituents and by Rep. Walle and Sen. Alvarado, TCEQ has announced they will be enacting this change through their internal rulemaking procedure.

Given this change was accepted by the Agency, the bill was left pending after the hearing in House & Senate committees.