Public Citizen Testimony in Support of HB 1823 — Including Hospitals in Setback Laws
Public Citizen Testimony in Support of HB 1823 -- Including Hospitals in Setback Laws
To: Chairman Brooks Landgraf and the Members of the House Committee on Environmental Regulation
CC: Vice-Chair Claudia Ordaz, Rep. Rafael Anchía, Rep. Keith Bell, Rep. Ben Bumgarner, Rep. Penny Morales Shaw, Rep. Tom Oliverson, Rep. Ron Reynolds, Rep. Steve Toth
Via hand delivery and by email.
From: Adrian Shelley, Public Citizen, ashelley@citizen.org, 512-477-1155
Re: HB 1823, concrete crushers near hospitals—Public Citizen testimony in support
Dear Chairman Landgraf and Members of the Committee:
On behalf of 30,000 members and supporters in Texas, Public Citizen appreciates the opportunity to testify in support of HB 1823, relating to the operation of a concrete crushing facility near a hospital.
This bill was inspired by a situation in Houston. In the Google Earth image below you can see LBJ Hospital, which opened in July 1990, shaded in yellow.1 The pink shaded area is Vulcan Materials, an existing concrete crusher. The red line marks 440 yards from the corner of a building in the hospital. As you can see, the footprint of Vulcan Materials is within 440 yards of LBJ Hospital. You can also see a yellow pin marking the address of the proposed location of another concrete crushing facility—Texas Coastal Materials.
Texas Coastal Materials is attempting to locate next to LBJ hospital.
Texas Coastal Materials has proposed to locate another concrete crusher adjacent to LBJ hospital. The facility faces significant public opposition, due in part to the fact that the proposed facility was likely within 440 yards of LBJ Hospital.2
The Executive Director of the TCEQ acted to grant the permit. This action was challenged by Harris County Attorney Christian D. Menefee,3 Lone Star Legal Aid4 representing Kashmere Gardens Super Neighborhood Council 52 and Trinity/Houston Gardens Super Neighborhood 48, and the office of Senator Borris Miles. The TCEQ’s Office of Public Interest Council also agreed with the movants motion to overturn.5
The dispute over the granting of this facility turns in part on how close the proposed facility is to LBJ hospital. Current law prevents the siting of a concrete crusher within 440 yards of a residence, school, or place of worship.6 It has been pointed out that LBJH hospital does contain both a school and a place of worship. This has been used to argue that the proposed facility cannot meet the setback requirement of Health and Safety Code Sec. 382.065(a). Whether this will be suffice to defeat the permit is a matter of pending litigation.
HB 1823 would protect hospitals from air pollution from concrete crushers.
HB 1823 would add hospitals to the list of sensitive land uses to which the concrete crusher setback at Health and Safety Code Sec. 382.065(a) applies. This makes sense as concrete crushers emit particulate matter. Particulate matter is a pollutant with significant health concerns. Three classes of people are most vulnerable to air pollution: children, the elderly, and people with respiratory illnesses.7 Hospitals host people in all three of these categories.
In conclusion, we support HB 1823 because it adds hospitals to an existing setback law that protects people from air pollution from concrete crushers.