By Alexander, Craddick, Stiles, Chisum,                H.B. No. 843
          Saunders
       74R3770 MI-D
                                 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.  Subchapter I, Chapter 26, Water Code, is amended
    1-5  by adding Section 26.35731 to read as follows:
    1-6        Sec. 26.35731.  CONSIDERATION AND PROCESSING OF APPLICATIONS
    1-7  FOR REIMBURSEMENT.  The commission shall consider and process a
    1-8  claim by an eligible owner or operator for reimbursement from the
    1-9  petroleum storage tank remediation fund in the order in which it is
   1-10  received.
   1-11        SECTION 2.  Sections 26.3574(b), (x), and (y), Water Code,
   1-12  are amended to read as follows:
   1-13        (b)  A fee is imposed on the delivery of a petroleum product
   1-14  on withdrawal from bulk of that product as provided by this
   1-15  subsection.  Each operator of a bulk facility on withdrawal from
   1-16  bulk of a petroleum product shall collect from the person who
   1-17  orders the withdrawal a fee in an amount determined as follows:
   1-18              (1)  $25 <$12.50> for each delivery into a cargo tank
   1-19  having a capacity of less than 2,500 gallons;
   1-20              (2)  $50 <$25> for each delivery into a cargo tank
   1-21  having a capacity of 2,500 gallons or more but less than 5,000
   1-22  gallons;
   1-23              (3)  $75 <$37.50> for each delivery into a cargo tank
   1-24  having a capacity of 5,000 gallons or more but less than 8,000
    2-1  gallons;
    2-2              (4)  $100 <$50> for each delivery into a cargo tank
    2-3  having a capacity of 8,000 gallons or more but less than 10,000
    2-4  gallons; and
    2-5              (5)  a $50 <$25> fee for each increment of 5,000
    2-6  gallons or any part thereof delivered into a cargo tank having a
    2-7  capacity of 10,000 gallons or more.
    2-8        (x)  The fee imposed under this section may not be collected
    2-9  or required to be paid on or after the first day of the second
   2-10  month following notification by the commission of the date on which
   2-11  the unobligated balance in the petroleum storage tank remediation
   2-12  fund equals or exceeds $50 <$125 million during the 1990-1991 state
   2-13  fiscal biennium or $100> million <thereafter>.  The commission
   2-14  shall notify the comptroller in writing of the date on which the
   2-15  unobligated balance equals or exceeds $50 <$125 million during the
   2-16  1990-1991 state fiscal biennium or $100> million <thereafter>.
   2-17        (y)  If the unobligated balance in the petroleum storage tank
   2-18  remediation fund falls below <$50 million during the 1990-1991
   2-19  state fiscal biennium or> $25 million <thereafter>, the fee shall
   2-20  be reinstated, effective on the first day of the second month
   2-21  following notification by the commission, in amounts determined as
   2-22  follows:
   2-23              (1)  $12.50 for each delivery into a cargo tank having
   2-24  a capacity of less than 2,500 gallons;
   2-25              (2)  $25 for each delivery into a cargo tank having a
   2-26  capacity of 2,500 gallons or more but less than 5,000 gallons;
   2-27              (3)  $37.50 for each delivery into a cargo tank having
    3-1  a capacity of 5,000 gallons or more but less than 8,000 gallons;
    3-2              (4)  $50 for each delivery into a cargo tank having a
    3-3  capacity of 8,000 gallons or more but less than 10,000 gallons; and
    3-4              (5)  a $25 fee for each increment of 5,000 gallons or
    3-5  any part thereof delivered into a cargo tank having a capacity of
    3-6  10,000 gallons or more.
    3-7        SECTION 3.  Section 403.092(c), Government Code, as added by
    3-8  Section 1, Chapter 533, Acts of the 73rd Legislature, 1993, is
    3-9  amended to read as follows:
   3-10        (c)(1)  The comptroller may temporarily transfer cash from
   3-11  the general revenue fund to the petroleum storage tank remediation
   3-12  fund during the 1996-1997 <1994-1995> biennium for the purpose of
   3-13  paying reimbursement claims against that fund that are filed with
   3-14  the Texas Natural Resource Conservation Commission on or before
   3-15  August 31, 1995, and for paying the necessary expenses associated
   3-16  with the administration of that fund.  The amount of cash to be
   3-17  transferred shall not exceed $120 million.  The transfer shall be
   3-18  made on September 1, 1995 <1993>, or as soon as practicable
   3-19  thereafter.
   3-20              (2)  Notwithstanding other law, an amount equal to
   3-21  one-half of the fees collected under Section 26.3574, Water Code,
   3-22  shall be deposited to the credit of the general revenue fund until
   3-23  the amount of the fee collections so deposited to the credit of the
   3-24  general revenue fund equals the amount of the temporary cash
   3-25  transfer authorized in Subdivision (1).  The remaining one-half of
   3-26  the fees <Fees> collected under that section <in excess of the
   3-27  amount required by this subdivision> shall be deposited to the
    4-1  credit of the petroleum storage tank remediation fund.
    4-2              (3)  The amount transferred under Subdivision (1) is a
    4-3  receivable of the general revenue fund for the purpose of
    4-4  statements that the comptroller submits under Article III, Section
    4-5  49a, of the Texas Constitution.  The transferred amount is
    4-6  available for appropriation by the legislature.
    4-7              (4)  This subsection expires on the latter of August
    4-8  31, 1997 <1995>, or the date of full repayment to the general
    4-9  revenue fund of the amount required under Subdivision (2).
   4-10        SECTION 4.  This Act takes effect September 1, 1995.
   4-11        SECTION 5.  The importance of this legislation and the
   4-12  crowded condition of the calendars in both houses create an
   4-13  emergency and an imperative public necessity that the
   4-14  constitutional rule requiring bills to be read on three several
   4-15  days in each house be suspended, and this rule is hereby suspended.
   4-16                       COMMITTEE AMENDMENT NO. 1
   4-17        Amend H.B. No. 843 as follows:
   4-18        (1)  On page 1, between lines 3 and 4, add a new SECTION 1 to
   4-19  the bill to read as follows:
   4-20        "SECTION 1.  Section 26.346, Water Code, is amended by adding
   4-21  Subsection (e) to read as follows:
   4-22        (e)  The owner or operator of an underground or aboveground
   4-23  storage tank installed before December 1, 1995, that is required to
   4-24  be registered under this section and that has not been registered
   4-25  on or before December 31, 1995, is not eligible to receive
   4-26  reimbursement for that tank from the petroleum storage tank
   4-27  remediation fund.  The owner or operator of an underground or
    5-1  aboveground storage tank installed on or after December 1, 1995,
    5-2  must register the tank under this section not later than the 30th
    5-3  day after the date the installation is completed to be eligible for
    5-4  reimbursement for the new tank.".
    5-5        (2)  On page 1, line 4, strike "SECTION 1" and substitute
    5-6  "SECTION 2".
    5-7        (3)  On page 1, line 7, strike "The" and substitute
    5-8  "(a)  Except as provided by Subsection (b), the".
    5-9        (4)  On page 1, between lines 10 and 11, add a new Subsection
   5-10  (b) to read as follows:
   5-11        "(b)  The commission may not consider, process, or pay a
   5-12  claim for reimbursement from the petroleum storage tank remediation
   5-13  fund for remediation work begun after September 1, 1993, and
   5-14  without prior commission approval until all claims for
   5-15  reimbursement for remediation work preapproved by the commission
   5-16  have been considered, processed, and paid.".
   5-17        (5)  On page 1, line 11, strike "SECTION 2" and substitute
   5-18  "SECTION 3".
   5-19        (6)  On page 2, line 8, strike "The" and substitute "After
   5-20  the deposits have been made to the credit of the general revenue
   5-21  fund as required by Section 403.092(c)(1), Government Code, as
   5-22  added by Chapter 533, Acts of the 73rd Legislature, 1993, the
   5-23  <The>".
   5-24        (7)  On page 3, line 7, strike "SECTION 3" and substitute
   5-25  "SECTION 4".
   5-26        (8)  On page 3, strike lines 20 through 27 and substitute the
   5-27  following:
    6-1              "(2)  Notwithstanding other law, $80 million of the
    6-2  fees collected under Section 26.3574, Water Code, shall be
    6-3  deposited to the credit of the general revenue fund not later than
    6-4  August 31, 1996, and $40 million of those fees shall be deposited
    6-5  to the credit of that fund not later than May 31, 1997 <until the
    6-6  amount of the fee collections so deposited to the credit of the
    6-7  general revenue fund equals the amount of the temporary cash
    6-8  transfer authorized in Subdivision (1)>.  The remaining fees <Fees>
    6-9  collected under that section in excess of the amounts <amount>
   6-10  required by this subdivision to be deposited to the credit of the
   6-11  general revenue fund shall be deposited to the".
   6-12        (9)  On page 4, between lines 9 and 10, add a new SECTION 5
   6-13  to the bill to read as follows:
   6-14        "SECTION 5.  Subchapter I, Chapter 26, Water Code, is amended
   6-15  by adding Sections 26.360 and 26.361 to read as follows:
   6-16        Sec. 26.360.  PRIVATIZATION OF PROGRAM.  Notwithstanding
   6-17  other provisions of this subchapter, the commission by rule may
   6-18  authorize the privatization of any part of the program established
   6-19  under this subchapter.
   6-20        Sec. 26.361.  EXPIRATION OF REIMBURSEMENT PROGRAM.
   6-21  Notwithstanding any other provision of this subchapter, the
   6-22  reimbursement program established under this subchapter expires
   6-23  September 1, 2001.  On or after September 1, 2001, the commission
   6-24  may not use money from the petroleum storage tank remediation fund
   6-25  to reimburse an eligible owner or operator for any expenses of
   6-26  corrective action or to pay the claim of a person who has
   6-27  contracted with an eligible owner or operator to perform corrective
    7-1  action.".
    7-2        (10)  On page 4, line 10, strike "SECTION 4" and substitute
    7-3  "SECTION 6".
    7-4        (11)  On page 4, line 11, strike "SECTION 5" and substitute
    7-5  "SECTION 7".
    7-6  74R10535 MI-D                                                Junell