By: Lewis H.B. No. 2569 73R6629 JJT-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of persons who take or supervise 1-3 corrective actions on petroleum storage tanks. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter I, Chapter 26, Water Code, is amended 1-6 by adding Sections 26.360-26.364 to read as follows: 1-7 Sec. 26.360. REGISTRATION REQUIRED. (a) A person may not 1-8 perform a corrective action service unless: 1-9 (1) the person: 1-10 (A) is registered under this subchapter as a 1-11 corrective action specialist; or 1-12 (B) offers or performs the service under the 1-13 supervision of a registered corrective action specialist; and 1-14 (2) the corrective action service is supervised by a 1-15 registered corrective action project manager. 1-16 (b) A person may not supervise or direct a corrective action 1-17 service unless the person is a registered corrective action project 1-18 manager. 1-19 (c) The commission by rule shall provide for corrective 1-20 actions to be taken by or under the direction or supervision of a 1-21 person who is not registered as a corrective action specialist or 1-22 project manager in emergency circumstances. 1-23 Sec. 26.361. CORRECTIVE ACTION SPECIALIST REGISTRATION. (a) 1-24 An applicant for registration or renewal of registration as a 2-1 corrective action specialist must: 2-2 (1) list on, or attach to, the application form 2-3 prescribed by the commission the names and registration numbers of 2-4 the registered project managers the applicant intends to use to 2-5 supervise the applicant's corrective actions; 2-6 (2) document that the applicant has comprehensive 2-7 liability insurance in an amount of not less than $1 million that 2-8 names the petroleum tank storage division of the Texas Water 2-9 Commission as the certificate holder and is of a type approved by 2-10 the executive director; 2-11 (3) provide a financial statement, signed by the 2-12 applicant's business representative, indicating that the applicant 2-13 has a net worth of not less than $25,000 or provide other evidence 2-14 of financial stability required by the commission; 2-15 (4) provide to the executive director other 2-16 information required by rule to assist the commission in enforcing 2-17 the registration requirement; and 2-18 (5) include with the application the verified 2-19 statement of the applicant or chief executive officer of the 2-20 applicant that the information provided to the executive director 2-21 is accurate. 2-22 (b) An applicant for registration or renewal of registration 2-23 as a corrective action specialist shall pay to the commission a fee 2-24 of $500. 2-25 (c) A registered corrective action specialist shall inform 2-26 the commission of any change in the information provided under 2-27 Subsection (a) of this section. 3-1 Sec. 26.362. CORRECTIVE ACTION PROJECT MANAGER REGISTRATION. 3-2 (a) An applicant for registration as a corrective action project 3-3 manager must be an individual and must provide to the executive 3-4 director any information required by rule to assist the commission 3-5 in enforcing the registration requirement. 3-6 (b) The commission by rule shall set minimum requirements of 3-7 education and experience for an individual to register as a 3-8 corrective action project manager. 3-9 (c) The commission by rule shall require a project manager 3-10 to complete an appropriate amount of continuing education before 3-11 renewal of the registration. 3-12 (d) An applicant for registration or renewal of registration 3-13 shall pay to the commission a fee of $100. 3-14 Sec. 26.363. DISPOSITION OF FEES. The commission shall 3-15 deposit fees received under Section 26.361 or 26.362 of this code 3-16 to the credit of the petroleum storage tank remediation fund. 3-17 Sec. 26.364. REVOCATION OR SUSPENSION OF REGISTRATION. A 3-18 person's registration may be revoked or suspended, after notice and 3-19 opportunity for a hearing, if: 3-20 (1) the person submits false information to the 3-21 commission in the person's application or in any report or 3-22 statement made to the executive director under this subchapter; 3-23 (2) the person charges an excessive amount for a 3-24 corrective action, as determined by rules of the commission; 3-25 (3) the person performs a corrective action service 3-26 without the supervision of a registered corrective action project 3-27 manager; 4-1 (4) the person performs a corrective action service in 4-2 a manner prohibited by state, local, or federal law or the person 4-3 supervises the performance of a corrective action in a manner 4-4 prohibited by state, local, or federal law; 4-5 (5) the person does not maintain insurance as required 4-6 by rules of the commission; or 4-7 (6) the person violates this subchapter or a rule 4-8 adopted or order issued under this subchapter. 4-9 SECTION 2. Section 26.3573, Water Code, is amended by adding 4-10 Subsection (p) to read as follows: 4-11 (p) Money from registration and renewal fees collected by 4-12 the commission under Sections 26.361 and 26.362 of this code 4-13 deposited in the petroleum storage tank remediation fund may be 4-14 used to pay for the development of rules, enforcement, monitoring, 4-15 continuing education, and other costs associated with the 4-16 registration program. 4-17 SECTION 3. A person who is performing a corrective action 4-18 under Subchapter I, Chapter 26, Water Code, that began before the 4-19 effective date of this Act is not required to register with the 4-20 Texas Natural Resource Conservation Commission for the completion 4-21 of the corrective action except as provided by rules of the Texas 4-22 Natural Resource Conservation Commission designed to allow an 4-23 ongoing corrective action to continue uninterrupted. 4-24 SECTION 4. This Act takes effect September 1, 1993. 4-25 SECTION 5. The importance of this legislation and the 4-26 crowded condition of the calendars in both houses create an 4-27 emergency and an imperative public necessity that the 5-1 constitutional rule requiring bills to be read on three several 5-2 days in each house be suspended, and this rule is hereby suspended.