The bill, H.B. No. 852, introduces new regulations regarding air quality permits for concrete batch plants located in specific areas of Texas. It adds Section 382.051991 to the Health and Safety Code, which stipulates that permits for concrete plants performing wet batching, dry batching, or central mixing must receive approval from the governing body of the municipality or county where the plant is located. This requirement applies to plants in municipalities with populations over two million that lack zoning regulations, as well as in unincorporated areas of counties with populations exceeding 4.5 million. The Texas Commission on Environmental Quality (TCEQ) is mandated to send a copy of the permit application to the relevant governing body and cannot issue the permit until 31 days after the governing body receives the application, unless it has been approved sooner.

Additionally, the bill specifies that if the governing body rejects the application within the 31-day period, the TCEQ is prohibited from issuing the permit. The new regulations will apply only to permit applications filed on or after the effective date of the Act, which is set for September 1, 2025. Applications submitted before this date will be governed by the existing laws in effect at the time of filing.

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