1-1 By: Junell (Senate Sponsor - Brown) H.B. No. 2815
1-2 (In the Senate - Received from the House May 6, 1999;
1-3 May 7, 1999, read first time and referred to Committee on Natural
1-4 Resources; May 13, 1999, reported favorably, as amended, by the
1-5 following vote: Yeas 5, Nays 0; May 13, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Brown
1-7 Amend H.B. No. 2815 as follows:
1-8 (1) In SECTION 3 of the bill, in the heading to added
1-9 Section 26.3467, Water Code (House Engrossment, page 2, line 67),
1-10 strike "SELLER'S".
1-11 (2) In SECTION 3 of the bill, added Section 26.3467, Water
1-12 Code, strike Subsection (a) (House Engrossment, page 2, lines 68
1-13 through 69 and page 3, lines 1 through 4) and substitute the
1-15 (a) The owner or operator of an underground storage tank
1-16 into which a regulated substance is to be deposited shall provide
1-17 the common carrier a copy of the certificate of compliance for the
1-18 specific underground storage tank into which the regulated
1-19 substance is to be deposited before accepting delivery of the
1-20 regulated substance into the underground storage tank.
1-21 (3) In SECTION 3 of the bill, following added Section
1-22 26.3467, Water Code (House Engrossment, page 3, between lines 7 and
1-23 8), add new Subsection (c) to read as follows:
1-24 (c) A person who sells a regulated substance to a common
1-25 carrier who delivers the regulated substance or to the owner or
1-26 operator of an underground storage tank into which the regulated
1-27 substance is deposited, and who does not deliver the regulated
1-28 substance into the underground storage tank, is not liable under
1-29 this chapter with respect to that tank.
1-30 (4) In SECTION 4 of the bill, amended Section 7.156, Water
1-31 Code, in new Subsection (c), strike "A person commits an offense if
1-32 the person deposits or has deposited" and substitute "A person
1-33 commits an offense if the person is an owner or operator of an
1-34 underground storage tank regulated under Chapter 26 into which any
1-35 regulated substance is delivered or physically delivers".
1-36 A BILL TO BE ENTITLED
1-37 AN ACT
1-38 relating to the petroleum storage tank program; providing a
1-40 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-41 SECTION 1. Section 26.342, Water Code, is amended by adding
1-42 a new Subdivision (8) and redesignating existing Subdivisions (8)
1-43 through (16) as Subdivisions (9) through (17) to read as follows:
1-44 (8) "Operator" means any person in day-to-day control
1-45 of, and having responsibility for the daily operation of, the
1-46 underground storage tank system.
1-47 (9) [
(8)] "Person" means an individual, trust, firm,
1-48 joint-stock company, corporation, government corporation,
1-49 partnership, association, state, municipality, commission,
1-50 political subdivision of a state, an interstate body, a consortium,
1-51 joint venture, commercial entity, or the United States government.
1-52 (10) [ (9)] "Petroleum product" means a petroleum
1-53 product that is obtained from distilling and processing crude oil
1-54 and that is capable of being used as a fuel for the propulsion of a
1-55 motor vehicle or aircraft, including motor gasoline, gasohol, other
1-56 alcohol blended fuels, aviation gasoline, kerosene, distillate fuel
1-57 oil, and #1 and #2 diesel. The term does not include naphtha-type
1-58 jet fuel, kerosene-type jet fuel, or a petroleum product destined
1-59 for use in chemical manufacturing or feedstock of that
1-61 (11) [ (10)] "Petroleum storage tank" means:
1-62 (A) any one or combination of aboveground
1-63 storage tanks that contain petroleum products and that are
2-1 regulated by the commission; or
2-2 (B) any one or combination of underground
2-3 storage tanks and any connecting underground pipes that contain
2-4 petroleum products and that are regulated by the commission.
2-5 (12) [ (11)] "Regulated substance" means an element,
2-6 compound, mixture, solution, or substance that, when released into
2-7 the environment, may present substantial danger to the public
2-8 health, welfare, or the environment.
2-9 (13) [ (12)] "Release" means any spilling including
2-10 overfills, leaking, emitting, discharging, escaping, leaching, or
2-11 disposing from an underground or aboveground storage tank into
2-12 groundwater, surface water, or subsurface soils.
2-13 (14) [ (13)] "Risk-based corrective action" means site
2-14 assessment or site remediation, the timing, type, and degree of
2-15 which is determined according to case-by-case consideration of
2-16 actual or potential risk to public health from environmental
2-17 exposure to a regulated substance released from a leaking
2-18 underground or aboveground storage tank.
2-19 (15) [ (14)] "Spent oil" means a regulated substance
2-20 that is a lubricating oil or similar petroleum substance which has
2-21 been refined from crude oil, used for its designed or intended
2-22 purposes, and contaminated as a result of that use by physical or
2-23 chemical impurities, including spent motor vehicle lubricating
2-24 oils, transmission fluid, or brake fluid.
2-25 (16) [ (15)] "Underground storage tank" means any one
2-26 or combination of underground tanks and any connecting underground
2-27 pipes used to contain an accumulation of regulated substances, the
2-28 volume of which, including the volume of the connecting underground
2-29 pipes, is 10 percent or more beneath the surface of the ground.
2-30 (17) [ (16)] "Vehicle service and fueling facility"
2-31 means a facility where motor vehicles are serviced or repaired and
2-32 where petroleum products are stored and dispensed from fixed
2-33 equipment into the fuel tanks of motor vehicles.
2-34 SECTION 2. Sections 26.346(a) and (c), Water Code, are
2-35 amended to read as follows:
2-36 (a) An underground or aboveground storage tank must be
2-37 registered with the commission unless the tank is exempt from
2-38 regulation under Section 26.344 of this code or the tank is covered
2-39 under Subsection (b) of this section. The commission by rule shall
2-40 establish the procedures and requirements for establishing and
2-41 maintaining current registration information concerning underground
2-42 and aboveground storage tanks. The commission shall also require
2-43 that an owner or operator of an underground storage tank complete
2-44 an annual underground storage tank compliance certification form.
2-45 (c) The commission shall issue to each person who owns or
2-46 operates a petroleum storage tank that is registered under this
2-47 section a registration and compliance confirmation certificate that
2-48 includes a brief description of:
2-49 (1) the responsibility of the owner or operator under
2-50 Section 26.3512 of this code; [ and]
2-51 (2) the rights of the owner or operator to participate
2-52 in the petroleum storage tank remediation account and the
2-53 groundwater protection cleanup program established under this
2-54 subchapter; and
2-55 (3) the responsibility of the owner or operator of an
2-56 underground storage tank to accurately complete the part of the
2-57 registration form pertaining to the certification of compliance
2-58 with underground storage tank administrative requirements and
2-59 technical standards.
2-60 SECTION 3. Subchapter I, Chapter 26, Water Code, is amended
2-61 by adding Sections 26.3465 and 26.3467 to read as follows:
2-62 Sec. 26.3465. FAILURE OR REFUSAL TO PROVIDE PROOF OF
2-63 REGISTRATION OR CERTIFICATION OF COMPLIANCE. An owner or operator
2-64 of an underground storage tank who fails or refuses to provide, on
2-65 request of the commission, proof of registration of, or
2-66 certification of compliance for, an underground storage tank is
2-67 liable for a civil penalty under Subchapter D, Chapter 7.
2-68 Sec. 26.3467. SELLER'S DUTY TO ENSURE CERTIFICATION OF TANK
2-69 BEFORE DELIVERY. (a) The seller of a regulated substance that is
3-1 being deposited into an underground storage tank shall ensure that
3-2 a certificate of compliance has been issued for the specific
3-3 underground storage tank into which the substance is to be
3-4 deposited before ordering a contract or common carrier to deliver
3-5 the regulated substance into the underground storage tank.
3-6 (b) A person who violates Subsection (a) commits an offense
3-7 that is punishable as provided by Section 7.156 for an offense
3-8 under that section.
3-9 SECTION 4. Section 7.156, Water Code, is amended by adding a
3-10 new Subsection (c) and redesignating existing Subsection (c) as
3-11 Subsection (d) to read as follows:
3-12 (c) A person commits an offense if the person deposits or
3-13 has deposited any regulated substance into an underground storage
3-14 tank regulated under Chapter 26 unless the underground storage tank
3-15 has been issued a valid, current underground storage tank
3-16 registration and certificate of compliance under Section 26.346.
3-17 (d) An offense under this section is a Class A misdemeanor.
3-18 SECTION 5. Subchapter E, Chapter 7, Water Code, is amended
3-19 by adding Section 7.1565 to read as follows:
3-20 Sec. 7.1565. PRESUMPTION. If in the exercise of good faith
3-21 a person depositing, or causing to be deposited, a regulated
3-22 substance into an underground storage tank regulated under Chapter
3-23 26 receives a certificate of compliance for that underground
3-24 storage tank under Section 26.346, the receipt of the certificate
3-25 of compliance shall be considered prima facie evidence of
3-26 compliance with this section.
3-27 SECTION 6. Sections 26.3512(g), (h), (i), and (j), Water
3-28 Code, are amended to read as follows:
3-29 (g) If an owner or operator's corrective action plan is
3-30 approved by the commission under Section 26.3572 before June 23,
3-31 1998 [ December 23, 1997], the owner or operator shall pay under
3-32 Subsection (b)(1) the amount provided by Subsection (e) for the
3-33 first expenses for corrective action taken for each occurrence.
3-34 (h) If an owner or operator's corrective action plan is not
3-35 approved by the commission under Section 26.3572 before June 23,
3-36 1998 [ December 23, 1997], the owner or operator shall pay under
3-37 Subsection (b)(1) the first expenses for corrective action taken
3-38 for each occurrence as follows:
3-39 (1) a person who owns or operates 1,000 or more single
3-40 petroleum storage tanks, the first $40,000;
3-41 (2) a person who owns or operates not fewer than 100
3-42 or more than 999 single petroleum storage tanks, the first $20,000;
3-43 (3) a person who owns or operates not fewer than 13 or
3-44 more than 99 single petroleum storage tanks, the first $10,000; and
3-45 (4) a person who owns or operates fewer than 13 single
3-46 petroleum storage tanks, the first $4,000.
3-47 (i) If an owner or operator has a corrective action plan
3-48 approved by the commission under Section 26.3572 and before
3-49 December 23, 1999 [ December 23, 1998], has met the goals specified
3-50 in the plan to be met by that date, the owner or operator shall pay
3-51 under Subsection (b)(1) the amount specified by Subsection (e) for
3-52 the first expenses for corrective action taken for each occurrence.
3-53 (j) If an owner or operator does not have a corrective
3-54 action plan approved by the commission under Section 26.3572 and
3-55 before December 23, 1999 [ or, on December 23, 1998], has not met
3-56 the goals specified in the plan to be met by that date, the owner
3-57 or operator shall pay under Subsection (b)(1) the first expenses
3-58 for corrective action taken for each occurrence as follows:
3-59 (1) a person who owns or operates 1,000 or more single
3-60 petroleum storage tanks, the first $80,000;
3-61 (2) a person who owns or operates not fewer than 100
3-62 or more than 999 single petroleum storage tanks, the first $40,000;
3-63 (3) a person who owns or operates not fewer than 13 or
3-64 more than 99 single petroleum storage tanks, the first $20,000; and
3-65 (4) a person who owns or operates fewer than 13 single
3-66 petroleum storage tanks, the first $8,000.
3-67 SECTION 7. Section 26.35731, Water Code, is amended by
3-68 adding Subsection (c) to read as follows:
3-69 (c) Not later than the 90th day after the date on which the
4-1 commission receives a completed application for reimbursement from
4-2 the petroleum storage tank remediation account, the commission
4-3 shall send a fund payment report to the owner or operator of a
4-4 petroleum storage tank system that is seeking reimbursement.
4-5 SECTION 8. This Act takes effect September 1, 1999.
4-6 SECTION 9. The importance of this legislation and the
4-7 crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended.
4-11 * * * * *