1-1 By: Holzheauser (Senate Sponsor - Armbrister) H.B. No. 1405 1-2 (In the Senate - Received from the House April 21, 1995; 1-3 April 24, 1995, read first time and referred to Committee on 1-4 Natural Resources; May 3, 1995, reported favorably, as amended, by 1-5 the following vote: Yeas 7, Nays 0; May 3, 1995, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Armbrister 1-7 Amend HB 1405 by striking subsection (e) of Section 117.012 in 1-8 SECTION 1 of the bill and substitute the following: 1-9 "(e) Rules relating to facility response plans shall be 1-10 consistent with the provisions of the federal Water Pollution 1-11 Prevention and Control Act, 33 U.S.C. Sec. 1321(j)(5). Rules shall 1-12 provide that, in lieu of submitting a plan for approval under 1-13 Subsection (a), a facility may submit a facility response plan 1-14 prepared in compliance with the Water Pollution Prevention and 1-15 Control Act, 33 U.S.C. Sec. 1321(j)(5). A plan approved or pending 1-16 approval by the United States Department of Transportation Office 1-17 of Pipeline Safety shall be deemed approved by the commission for 1-18 the purposes of this section." 1-19 A BILL TO BE ENTITLED 1-20 AN ACT 1-21 relating to facility response plans for hazardous liquids 1-22 pipelines. 1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-24 SECTION 1. Section 117.012, Natural Resources Code, is 1-25 amended by adding Subsections (d), (e), and (f) to read as follows: 1-26 (d) The commission may adopt rules that require a hazardous 1-27 liquid pipeline facility to prepare and submit for commission 1-28 approval a facility response plan for all or any part of a 1-29 hazardous liquid pipeline facility located landward of the coast. 1-30 Rules shall require the facility response plan to include plans for 1-31 responding, to the maximum extent practicable, to a worst case 1-32 discharge and to a substantial threat of such a discharge of 1-33 hazardous liquids that could reasonably be expected to cause 1-34 substantial harm to the environment by discharging into navigable 1-35 waters. 1-36 (e) Rules relating to facility response plans shall be 1-37 consistent with the provisions of Section 4202(a)(6) of the Oil 1-38 Pollution Act of 1990, 33 U.S.C. Sec. 1321(j)(5). 1-39 (f) Rules relating to facility response plans do not apply 1-40 to a hazardous liquid pipeline facility that is required to 1-41 implement a discharge prevention and response plan under the Oil 1-42 Spill Prevention and Response Act of 1991, Chapter 40, Natural 1-43 Resources Code. 1-44 SECTION 2. The importance of this legislation and the 1-45 crowded condition of the calendars in both houses create an 1-46 emergency and an imperative public necessity that the 1-47 constitutional rule requiring bills to be read on three several 1-48 days in each house be suspended, and this rule is hereby suspended. 1-49 * * * * *