76R11124 MI-F
By Junell H.B. No. 2816
Substitute the following for H.B. No. 2816:
By Counts C.S.H.B. No. 2816
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the fee on delivery of certain petroleum products and
1-3 the termination of the petroleum storage tank program.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 26.3573(d), Water Code, is amended to
1-6 read as follows:
1-7 (d) The commission may use the money in the petroleum
1-8 storage tank remediation account to pay:
1-9 (1) necessary expenses associated with the
1-10 administration of the petroleum storage tank remediation account
1-11 and the groundwater protection cleanup program, not to exceed the
1-12 [an] amount specifically appropriated for that purpose [equal to
1-13 five percent of the gross receipts of that account, provided that
1-14 the increment between two and five percent of the gross receipts
1-15 may be used only to pay administrative expenses associated with
1-16 regulating petroleum storage tanks, reimbursing eligible owners and
1-17 operators, disposing of contaminated soils, and conducting claims
1-18 audits in accordance with Section 26.35735 of this code];
1-19 (2) expenses associated with investigation, cleanup,
1-20 or corrective action measures performed in response to a release or
1-21 threatened release from a petroleum storage tank, whether those
1-22 expenses are incurred by the commission or pursuant to a contract
1-23 between a contractor and an eligible owner or operator as
1-24 authorized by this subchapter; and
2-1 (3) subject to the conditions of Subsection (e) of
2-2 this section, expenses associated with investigation, cleanup, or
2-3 corrective action measures performed in response to a release or
2-4 threatened release of hydraulic fluid or spent oil from hydraulic
2-5 lift systems or tanks located at a vehicle service and fueling
2-6 facility and used as part of the operations of that facility.
2-7 SECTION 2. Section 26.3574, Water Code, is amended by
2-8 amending Subsections (b), (x), and (y) and adding Subsection (aa)
2-9 to read as follows:
2-10 (b) A fee is imposed on the delivery of a petroleum product
2-11 on withdrawal from bulk of that product as provided by this
2-12 subsection. Each operator of a bulk facility on withdrawal from
2-13 bulk of a petroleum product shall collect from the person who
2-14 orders the withdrawal a fee in an amount determined as follows:
2-15 (1) $18.75 [$25] for each delivery into a cargo tank
2-16 having a capacity of less than 2,500 gallons;
2-17 (2) $37.50 [$50] for each delivery into a cargo tank
2-18 having a capacity of 2,500 gallons or more but less than 5,000
2-19 gallons;
2-20 (3) $56.25 [$75] for each delivery into a cargo tank
2-21 having a capacity of 5,000 gallons or more but less than 8,000
2-22 gallons;
2-23 (4) $75 [$100] for each delivery into a cargo tank
2-24 having a capacity of 8,000 gallons or more but less than 10,000
2-25 gallons; and
2-26 (5) a $37.50 [$50] fee for each increment of 5,000
2-27 gallons or any part thereof delivered into a cargo tank having a
3-1 capacity of 10,000 gallons or more.
3-2 (x) After the deposits have been made to the credit of the
3-3 general revenue fund under Section 403.092(c)(1), Government Code,
3-4 as added by Chapter 533, Acts of the 73rd Legislature, 1993, the
3-5 fee imposed under this section may not be collected or required to
3-6 be paid on or after the first day of the second month following
3-7 notification by the commission of the date on which the unobligated
3-8 balance in the petroleum storage tank remediation account equals or
3-9 exceeds $100 [$125] million. The commission shall notify the
3-10 comptroller in writing of the date on which the unobligated balance
3-11 equals or exceeds $100 [$125] million.
3-12 (y) If the unobligated balance in the petroleum storage tank
3-13 remediation account falls below $25 million, the fee shall be
3-14 reinstated, effective on the first day of the second month
3-15 following notification by the commission, in amounts determined as
3-16 follows:
3-17 (1) $9.38 [$12.50] for each delivery into a cargo tank
3-18 having a capacity of less than 2,500 gallons;
3-19 (2) $18.75 [$25] for each delivery into a cargo tank
3-20 having a capacity of 2,500 gallons or more but less than 5,000
3-21 gallons;
3-22 (3) $28.13 [$37.50] for each delivery into a cargo
3-23 tank having a capacity of 5,000 gallons or more but less than 8,000
3-24 gallons;
3-25 (4) $37.50 [$50] for each delivery into a cargo tank
3-26 having a capacity of 8,000 gallons or more but less than 10,000
3-27 gallons; and
4-1 (5) an $18.75 [a $25] fee for each increment of 5,000
4-2 gallons or any part thereof delivered into a cargo tank having a
4-3 capacity of 10,000 gallons or more.
4-4 (aa) The commission shall report to the Legislative Budget
4-5 Board at the end of each fiscal quarter on the financial status of
4-6 the petroleum storage tank remediation account.
4-7 SECTION 3. Section 26.361, Water Code, is amended to read as
4-8 follows:
4-9 Sec. 26.361. EXPIRATION OF REIMBURSEMENT PROGRAM. (a)
4-10 Notwithstanding any other provision of this subchapter, the
4-11 reimbursement program established under this subchapter expires
4-12 September 1, 2003 [2001]. On or after September 1, 2003 [2001],
4-13 the commission may not[:]
4-14 [(1)] use money from the petroleum storage tank
4-15 remediation account to reimburse an eligible owner or operator for
4-16 any expenses of corrective action or to pay the claim of a person
4-17 who has contracted with an eligible owner or operator to perform
4-18 corrective action[; or]
4-19 [(2) collect a fee under Section 26.3574 of this
4-20 code].
4-21 (b) On or after March 1, 2002, the commission may not
4-22 collect a fee under Section 26.3574 of this code.
4-23 SECTION 4. This Act takes effect September 1, 1999.
4-24 SECTION 5. The importance of this legislation and the
4-25 crowded condition of the calendars in both houses create an
4-26 emergency and an imperative public necessity that the
4-27 constitutional rule requiring bills to be read on three several
5-1 days in each house be suspended, and this rule is hereby suspended.