By Alexander, Craddick, Stiles, Chisum, Saunders H.B. No. 843
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of petroleum storage tanks.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 26.346, Water Code, is amended by adding
1-5 Subsection (e) to read as follows:
1-6 (e) The owner or operator of an underground or aboveground
1-7 storage tank installed before December 1, 1995, that is required to
1-8 be registered under this section and that has not been registered
1-9 on or before December 31, 1995, is not eligible to receive
1-10 reimbursement for that tank from the petroleum storage tank
1-11 remediation fund. The owner or operator of an underground or
1-12 aboveground storage tank installed on or after December 1, 1995,
1-13 must register the tank under this section not later than the 30th
1-14 day after the date the installation is completed to be eligible for
1-15 reimbursement for the new tank.
1-16 SECTION 2. Subchapter I, Chapter 26, Water Code, is amended
1-17 by adding Section 26.35731 to read as follows:
1-18 Sec. 26.35731. CONSIDERATION AND PROCESSING OF APPLICATIONS
1-19 FOR REIMBURSEMENT. (a) Except as provided by Subsection (b), the
1-20 commission shall consider and process a claim by an eligible owner
1-21 or operator for reimbursement from the petroleum storage tank
1-22 remediation fund in the order in which it is received.
1-23 (b) The commission may not consider, process, or pay a claim
1-24 for reimbursement from the petroleum storage tank remediation fund
2-1 for remediation work begun after September 1, 1993, and without
2-2 prior commission approval until all claims for reimbursement for
2-3 remediation work preapproved by the commission have been
2-4 considered, processed, and paid.
2-5 SECTION 3. Sections 26.3574(b), (x), and (y), Water Code,
2-6 are amended to read as follows:
2-7 (b) A fee is imposed on the delivery of a petroleum product
2-8 on withdrawal from bulk of that product as provided by this
2-9 subsection. Each operator of a bulk facility on withdrawal from
2-10 bulk of a petroleum product shall collect from the person who
2-11 orders the withdrawal a fee in an amount determined as follows:
2-12 (1) $25 <$12.50> for each delivery into a cargo tank
2-13 having a capacity of less than 2,500 gallons;
2-14 (2) $50 <$25> for each delivery into a cargo tank
2-15 having a capacity of 2,500 gallons or more but less than 5,000
2-16 gallons;
2-17 (3) $75 <$37.50> for each delivery into a cargo tank
2-18 having a capacity of 5,000 gallons or more but less than 8,000
2-19 gallons;
2-20 (4) $100 <$50> for each delivery into a cargo tank
2-21 having a capacity of 8,000 gallons or more but less than 10,000
2-22 gallons; and
2-23 (5) a $50 <$25> fee for each increment of 5,000
2-24 gallons or any part thereof delivered into a cargo tank having a
2-25 capacity of 10,000 gallons or more.
2-26 (x) After the deposits have been made to the credit of the
2-27 general revenue fund as required by Section 403.092(c)(2),
3-1 Government Code, as added by Chapter 533, Acts of the 73rd
3-2 Legislature, 1993, the <The> fee imposed under this section may not
3-3 be collected or required to be paid on or after the first day of
3-4 the second month following notification by the commission of the
3-5 date on which the unobligated balance in the petroleum storage tank
3-6 remediation fund equals or exceeds $50 <$125 million during the
3-7 1990-1991 state fiscal biennium or $100> million <thereafter>. The
3-8 commission shall notify the comptroller in writing of the date on
3-9 which the unobligated balance equals or exceeds $50 <$125 million
3-10 during the 1990-1991 state fiscal biennium or $100> million
3-11 <thereafter>.
3-12 (y) If the unobligated balance in the petroleum storage tank
3-13 remediation fund falls below <$50 million during the 1990-1991
3-14 state fiscal biennium or> $25 million <thereafter>, the fee shall
3-15 be reinstated, effective on the first day of the second month
3-16 following notification by the commission, in amounts determined as
3-17 follows:
3-18 (1) $12.50 for each delivery into a cargo tank having
3-19 a capacity of less than 2,500 gallons;
3-20 (2) $25 for each delivery into a cargo tank having a
3-21 capacity of 2,500 gallons or more but less than 5,000 gallons;
3-22 (3) $37.50 for each delivery into a cargo tank having
3-23 a capacity of 5,000 gallons or more but less than 8,000 gallons;
3-24 (4) $50 for each delivery into a cargo tank having a
3-25 capacity of 8,000 gallons or more but less than 10,000 gallons; and
3-26 (5) a $25 fee for each increment of 5,000 gallons or
3-27 any part thereof delivered into a cargo tank having a capacity of
4-1 10,000 gallons or more.
4-2 SECTION 4. Section 403.092(c), Government Code, as added by
4-3 Section 1, Chapter 533, Acts of the 73rd Legislature, 1993, is
4-4 amended to read as follows:
4-5 (c)(1) The comptroller may temporarily transfer cash from
4-6 the general revenue fund to the petroleum storage tank remediation
4-7 fund during the 1996-1997 <1994-1995> biennium for the purpose of
4-8 paying reimbursement claims against that fund that are filed with
4-9 the Texas Natural Resource Conservation Commission on or before
4-10 August 31, 1995, and for paying the necessary expenses associated
4-11 with the administration of that fund. The amount of cash to be
4-12 transferred shall not exceed $120 million. The transfer shall be
4-13 made on September 1, 1995 <1993>, or as soon as practicable
4-14 thereafter.
4-15 (2) Notwithstanding other law, $80 million of the fees
4-16 collected under Section 26.3574, Water Code, shall be deposited to
4-17 the credit of the general revenue fund not later than August 31,
4-18 1996, and $40 million of those fees shall be deposited to the
4-19 credit of that fund not later than May 31, 1997 <until the amount
4-20 of the fee collections so deposited to the credit of the general
4-21 revenue fund equals the amount of the temporary cash transfer
4-22 authorized in Subdivision (1)>. The remaining fees <Fees>
4-23 collected under that section in excess of the amounts <amount>
4-24 required by this subdivision to be deposited to the credit of the
4-25 general revenue fund shall be deposited to the credit of the
4-26 petroleum storage tank remediation fund.
4-27 (3) The amount transferred under Subdivision (1) is a
5-1 receivable of the general revenue fund for the purpose of
5-2 statements that the comptroller submits under Article III, Section
5-3 49a, of the Texas Constitution. The transferred amount is
5-4 available for appropriation by the legislature.
5-5 (4) This subsection expires on the latter of August
5-6 31, 1997 <1995>, or the date of full repayment to the general
5-7 revenue fund of the amount required under Subdivision (2).
5-8 SECTION 5. Subchapter I, Chapter 26, Water Code, is amended
5-9 by adding Sections 26.360 and 26.361 to read as follows:
5-10 Sec. 26.360. PRIVATIZATION OF PROGRAM. Notwithstanding
5-11 other provisions of this subchapter, the commission by rule may
5-12 authorize the privatization of any part of the program established
5-13 under this subchapter.
5-14 Sec. 26.361. EXPIRATION OF REIMBURSEMENT PROGRAM.
5-15 Notwithstanding any other provision of this subchapter, the
5-16 reimbursement program established under this subchapter expires
5-17 September 1, 2001. On or after September 1, 2001, the commission
5-18 may not use money from the petroleum storage tank remediation fund
5-19 to reimburse an eligible owner or operator for any expenses of
5-20 corrective action or to pay the claim of a person who has
5-21 contracted with an eligible owner or operator to perform corrective
5-22 action.
5-23 SECTION 6. This Act takes effect September 1, 1995.
5-24 SECTION 7. The importance of this legislation and the
5-25 crowded condition of the calendars in both houses create an
5-26 emergency and an imperative public necessity that the
5-27 constitutional rule requiring bills to be read on three several
6-1 days in each house be suspended, and this rule is hereby suspended.