SRC-MKV S.B. 1599 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1599
77R9388 SMH-DBy: Wentworth
Natural Resources
4/2/2001
As Filed


DIGEST AND PURPOSE 

In 1999 a driver backed a car into a gasoline dispenser at a service
station in the unincorporated portion of northern Bexar County, breaking
the gasoline supply pipe below the ground.  As a result, about 900 gallons
of gasoline were spilled into the Trinity Aquifer causing twenty-two
sole-source drinking water wells to be contaminated with Benzene and MTBE.
Current law does not adequately protect aquifers which are an important
source of drinking water for populous counties which are dependent on
groundwater.  The Texas Natural Resource Conservation Commission (TNRCC)
has special rules for tanks located above the Edwards Aquifer recharge
zone, but no other aquifers in the state receive increased protection under
TNRCC rules. 
As proposed, S.B. 1599 requires TNRCC to apply increased containment
standards for underground petroleum storage tanks located over an aquifer
recharge zone in a county with a population of at least one million that
relies on groundwater for at least 75 percent of the county's water supply. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 26I, Water Code, by adding Section 26.3476, as
follows: 

Sec. 26.3476.  SECONDARY CONTAINMENT REQUIRED FOR TANKS LOCATED OVER
CERTAIN AQUIFERS.  (a) Defines "secondary containment." 

(b) Requires an underground storage tank system to incorporate a method for
secondary containment if the system is located in the recharge zone of an
aquifer and in a county that has a population of at least one million and
relies on groundwater for at least 75 percent of the county's water supply. 

(c) Provides that Section 26.3475(e) applies to an underground storage tank
system that is subject to this section as if a violation of this section
were a violation of Section 26.3475. 

SECTION2.  (a) Effective date: September 1, 2001.

  (b) Makes application of this Act prospective.