HBA-NMO H.B. 2815 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2815
By: Junell
Natural Resources
8/5/1999
Enrolled



BACKGROUND AND PURPOSE 

State law provides that petroleum storage tank systems must have been
upgraded with certain environmental controls by December 22, 1998; however,
the law, prior to the 76th Legislature, did not prohibit motor fuels
distributors from depositing regulated substances into a non-compliant
tank. H.B. 2815 requires the Texas Natural Resource Conservation Commission
to require an owner or operator of an underground storage tank to complete
an annual tank compliance certification form, and provides civil and
criminal penalties for certain violations.  This bill also changes certain
dates concerning corrective action plans for the groundwater protection
cleanup program. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 26.342, Water Code, by adding a new Subdivision
(8) and redesignating existing Subdivisions (8)-(16) as Subdivisions
(9)-(17), as follows: 

(8) Defines "operator" as any person in day-to-day control of and having
responsibility for the daily operation of the underground storage tank
system. 

(9)-(17) Redesignated from existing (8)-(16).

SECTION 2.  Amends Sections 26.346(a) and (c), Water Code, to require the
Texas Natural Resource Conservation Commission (TNRCC) to require that an
owner or operator of an underground storage tank complete an annual
underground storage tank compliance certification form, in addition to
certain other requirements.  Requires TNRCC to issue each person who owns
or operates a petroleum storage tank that is registered under this section
(Registration Requirements) a registration and compliance confirmation
certificate, rather than a registration certificate, that includes the
responsibility of the owner or operator of an underground storage tank to
accurately complete the part of the registration form pertaining to the
certification of compliance with the underground storage tank
administrative requirements and technical standards.  Makes conforming
changes. 

SECTION 3.  Amends Subchapter I, Chapter 26, Water Code, by adding Sections
26.3465 and 26.3467, as follows: 

Sec. 26.3465.  FAILURE OR REFUSAL TO PROVIDE PROOF OF REGISTRATION OR
CERTIFICATION OF COMPLIANCE.  Provides that an owner or operator of an
underground storage tank who fails or refuses to provide, on request of
TNRCC, proof of registration of, or certification of compliance for, an
underground storage tank is liable for a civil penalty under Subchapter D
(Civil Penalties), Chapter 7 (Enforcement). 

Sec. 26.3467.  DUTY TO ENSURE CERTIFICATION OF TANK BEFORE DELIVERY.
Requires the owner or operator of an underground storage tank into which a
regulated substance is to be deposited to provide the common carrier a copy
of the certificate of  compliance for the specific underground storage tank
into which the regulated substance is to be deposited before accepting
delivery of the regulated substance into the underground storage tank.
Provides that a person who violates this section commits an offense that is
punishable as provided by Section 7.156 for an offense under that section.
Provides that a person who sells a regulated substance to a common carrier
who delivers the regulated substance to the owner or operator of an
underground storage tank into which the regulated substance is deposited,
and who does not deliver the regulated substance into the underground
storage tank, is not liable under this chapter (Water Quality Control) with
respect to that tank. 

SECTION 4.  Amends Section 7.156, Water Code, to provide that a person
commits a Class A misdemeanor if the person is an owner or operator of an
underground storage tank regulated under Chapter 26 into which any
regulated substance is delivered or physically delivers any regulated
substance into an underground storage tank regulated under Chapter 26
unless the underground storage tank has been issued a valid, current
underground storage tank registration and certificate of compliance form
under Section 26.346.  Makes conforming changes. 

SECTION 5.  Amends Subchapter E, Chapter 7, Water Code, by adding Section
7.1565, as follows: 

Sec. 7.1565.  PRESUMPTION.  Requires the receipt of a registration to be
considered prima facie evidence of compliance with this section, if, in the
exercising of good faith, a person depositing, or causing to be deposited,
a regulated substance into an underground storage tank regulated under
Chapter 26 receives the registration and certificate of compliance for that
underground storage tank under Section 26.346. 

SECTION 6.  Amends Sections 26.3512(g)-(j), Water Code, to condition the
amount that an owner or operator is required to pay for corrective action
taken by TNRCC relating to the groundwater protection cleanup program on
whether the owner or operator's corrective action plan was approved by
TNRCC by  June 23, 1998, rather than December 23, 1997. Conditions the
amount that an owner or operator is required to pay for corrective action
taken by TNRCC relating to the groundwater protection cleanup program on
whether the owner or operator has met the goals of a corrective plan
approved by TNRCC before December 23, 1999, rather than 1998.  Makes
conforming changes. 

SECTION 7.  Amends Section 26.35731, Water Code, by adding Subsection (c),
as follows: 

(c) Requires TNRCC, not later than the 90th day after the date on which it
receives a completed application for reimbursement from the petroleum
storage tank remediation account,  to send a fund payment report to the
owner or operator of a petroleum storage tank system that is seeking
reimbursement. 

SECTION 8.  Effective date: September 1, 1999.

SECTION 9.  Emergency clause.