HB1018 - Relating to the establishment of a certification program for public work contracting purposes for operators of certain facilities that emit air contaminants.

      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.