BILL ANALYSIS H.B. 1405 By: Holzheauzer (Armbrister) Natural Resources 05-03-95 Senate Committee Report (Amended) BACKGROUND The Federal Oil Pollution Act of 1990 authorizes the Texas Department of Transportation to implement facility response plans for pipeline facilities located landward of the coast. Under current state law, no state agency has the authority to require such plans of onshore hazardous liquids pipeline facilities in Texas. PURPOSE As proposed, H.B. 1405 authorizes the Railroad Commission of Texas to adopt rules requiring a hazardous liquid pipeline facility located landward of the coast to prepare a facility response plan which includes plans for responding to a worst case discharge. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is granted to the Railroad Commission of Texas under SECTION 1 (Section 117.012(d), Natural Resources Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 117.012, Natural Resources Code, by adding Subsections (d)-(f), as follows: (d) Authorizes the Railroad Commission of Texas (commission) to adopt rules that require a hazardous liquid pipeline facility (facility) to prepare and submit for commission approval a facility response plan for all or any part of a facility located landward of the coast. Requires the rules to require the facility response plan to include plans for responding to a worst case discharge and to a substantial threat of such a discharge that could be expected to substantially harm the environment by discharging into navigable waters. (e) Requires rules related to facility response plans to be consistent with the provisions of the federal Water Pollution Prevention and Control Act, 33 U.S.C. Sec. 1321(j)(5). Requires rules to provide that, in lieu of submitting a plan for approval under Subsection (a), a facility may submit a facility response plan prepared in compliance with the Water Pollution Prevention and Control Act, 33 U.S.C. Sec. 1321(j)(5). Requires a plan approved or pending approval by the U.S. Department of Transportation Office of Pipeline Safety to be deemed approved by the commission for purposes of this section. (f) Provides that such rules do not apply to a facility required to implement a discharge prevention and response plan under the Oil Spill Prevention and Response Act of 1991, Chapter 40, Natural Resources Code. SECTION 2. Emergency clause. Effective date: 90 days after adjournment.