HBA-NMO H.B. 2815 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2815 By: Junell Natural Resources 3/21/1999 Introduced BACKGROUND AND PURPOSE Current law provides that petroleum storage tank systems must have been upgraded with certain environmental controls by December 22, 1998; however, the law does 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 a civil and a criminal penalty 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 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 2. Amends Subchapter I, Chapter 26, Water Code, by adding Section 26.3465, 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). SECTION 3. Amends Section 7.156, Water Code, to provide that a person commits a Class A misdemeanor if the person deposits or has deposited any regulated substance into an underground storage tank regulated under Chapter 26 (Water Quality Control) 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 4. 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 5. 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 6. Effective date: September 1, 1999. SECTION 7. Emergency clause.