By Junell H.B. No. 2687
77R4987 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the program for the regulation and remediation of
1-3 underground and aboveground storage tanks.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 26.342, Water Code, is amended by amending
1-6 Subdivisions (9)-(17) and adding Subdivision (18) to read as
1-7 follows:
1-8 (9) "Owner" means a person who holds legal possession
1-9 or ownership of an interest in an underground storage tank system.
1-10 If the actual ownership of an underground storage tank system is
1-11 uncertain, unknown, or in dispute, the fee simple owner of the
1-12 surface estate of the tract on which the system is located is
1-13 considered the owner of the system unless that person can
1-14 demonstrate by appropriate documentation, including a deed
1-15 reservation, invoice, or bill of sale, or by other legally
1-16 acceptable means that the system is owned by another person. The
1-17 term does not include a person who holds an interest in an
1-18 underground storage tank system solely for financial purposes
1-19 unless, through foreclosure or a related action, that person has
1-20 taken legal possession of the system.
1-21 (10) "Person" means an individual, trust, firm,
1-22 joint-stock company, corporation, government corporation,
1-23 partnership, association, state, municipality, commission,
1-24 political subdivision of a state, an interstate body, a consortium,
2-1 joint venture, commercial entity, or the United States government.
2-2 (11) [(10)] "Petroleum product" means a petroleum
2-3 product that is obtained from distilling and processing crude oil
2-4 and that is capable of being used as a fuel for the propulsion of a
2-5 motor vehicle or aircraft, including motor gasoline, gasohol, other
2-6 alcohol blended fuels, aviation gasoline, kerosene, distillate fuel
2-7 oil, and #1 and #2 diesel. The term does not include naphtha-type
2-8 jet fuel, kerosene-type jet fuel, or a petroleum product destined
2-9 for use in chemical manufacturing or feedstock of that
2-10 manufacturing.
2-11 (12) [(11)] "Petroleum storage tank" means:
2-12 (A) any one or combination of aboveground
2-13 storage tanks that contain petroleum products and that are
2-14 regulated by the commission; or
2-15 (B) any one or combination of underground
2-16 storage tanks and any connecting underground pipes that contain
2-17 petroleum products and that are regulated by the commission.
2-18 (13) [(12)] "Regulated substance" means an element,
2-19 compound, mixture, solution, or substance that, when released into
2-20 the environment, may present substantial danger to the public
2-21 health, welfare, or the environment.
2-22 (14) [(13)] "Release" means any spilling including
2-23 overfills, leaking, emitting, discharging, escaping, leaching, or
2-24 disposing from an underground or aboveground storage tank into
2-25 groundwater, surface water, or subsurface soils.
2-26 (15) [(14)] "Risk-based corrective action" means site
2-27 assessment or site remediation, the timing, type, and degree of
3-1 which is determined according to case-by-case consideration of
3-2 actual or potential risk to public health from environmental
3-3 exposure to a regulated substance released from a leaking
3-4 underground or aboveground storage tank.
3-5 (16) [(15)] "Spent oil" means a regulated substance
3-6 that is a lubricating oil or similar petroleum substance which has
3-7 been refined from crude oil, used for its designed or intended
3-8 purposes, and contaminated as a result of that use by physical or
3-9 chemical impurities, including spent motor vehicle lubricating
3-10 oils, transmission fluid, or brake fluid.
3-11 (17) [(16)] "Underground storage tank" means any one
3-12 or combination of underground tanks and any connecting underground
3-13 pipes used to contain an accumulation of regulated substances, the
3-14 volume of which, including the volume of the connecting underground
3-15 pipes, is 10 percent or more beneath the surface of the ground.
3-16 (18) [(17)] "Vehicle service and fueling facility"
3-17 means a facility where motor vehicles are serviced or repaired and
3-18 where petroleum products are stored and dispensed from fixed
3-19 equipment into the fuel tanks of motor vehicles.
3-20 SECTION 2. Sections 26.346(a) and (c), Water Code, are
3-21 amended to read as follows:
3-22 (a) An underground or aboveground storage tank must be
3-23 registered with the commission unless the tank is exempt from
3-24 regulation under Section 26.344 of this code or the tank is covered
3-25 under Subsection (b) of this section. The commission by rule shall
3-26 establish the procedures and requirements for establishing and
3-27 maintaining current registration information concerning underground
4-1 and aboveground storage tanks. The commission shall also require
4-2 that an owner or operator of an underground storage tank used for
4-3 storing gasoline or diesel fuel complete an annual underground
4-4 storage tank compliance certification form.
4-5 (c) The commission shall issue to each person who owns or
4-6 operates a petroleum storage tank that is registered under this
4-7 section a registration and compliance confirmation certificate that
4-8 includes a brief description of:
4-9 (1) the responsibility of the owner or operator under
4-10 Section 26.3512 of this code;
4-11 (2) the rights of the owner or operator to participate
4-12 in the petroleum storage tank remediation account and the
4-13 groundwater protection cleanup program established under this
4-14 subchapter; and
4-15 (3) the responsibility of the owner or operator of an
4-16 underground storage tank to accurately complete the part of the
4-17 registration form pertaining to the certification of compliance
4-18 with underground storage tank administrative requirements and
4-19 technical standards if the tank is used for storing gasoline or
4-20 diesel fuel.
4-21 SECTION 3. Section 26.3573(d), Water Code, is amended to read
4-22 as follows:
4-23 (d) The commission may use the money in the petroleum
4-24 storage tank remediation account to pay:
4-25 (1) necessary expenses associated with the
4-26 administration of the petroleum storage tank remediation account
4-27 and the groundwater protection cleanup program, not to exceed an
5-1 amount equal to six [6.7] percent of the gross receipts of that
5-2 account;
5-3 (2) expenses associated with investigation, cleanup,
5-4 or corrective action measures performed in response to a release or
5-5 threatened release from a petroleum storage tank, whether those
5-6 expenses are incurred by the commission or pursuant to a contract
5-7 between a contractor and an eligible owner or operator as
5-8 authorized by this subchapter; and
5-9 (3) subject to the conditions of Subsection (e) of
5-10 this section, expenses associated with investigation, cleanup, or
5-11 corrective action measures performed in response to a release or
5-12 threatened release of hydraulic fluid or spent oil from hydraulic
5-13 lift systems or tanks located at a vehicle service and fueling
5-14 facility and used as part of the operations of that facility.
5-15 SECTION 4. Sections 26.3574(b) and (x), Water Code, are
5-16 amended to read as follows:
5-17 (b) A fee is imposed on the delivery of a petroleum product
5-18 on withdrawal from bulk of that product as provided by this
5-19 subsection. Each operator of a bulk facility on withdrawal from
5-20 bulk of a petroleum product shall collect from the person who
5-21 orders the withdrawal a fee in an amount determined as follows:
5-22 (1) $5 [$18.75] for each delivery into a cargo tank
5-23 having a capacity of less than 2,500 gallons;
5-24 (2) $10 [$37.50] for each delivery into a cargo tank
5-25 having a capacity of 2,500 gallons or more but less than 5,000
5-26 gallons;
5-27 (3) $15 [$56.25] for each delivery into a cargo tank
6-1 having a capacity of 5,000 gallons or more but less than 8,000
6-2 gallons;
6-3 (4) $20 [$75] for each delivery into a cargo tank
6-4 having a capacity of 8,000 gallons or more but less than 10,000
6-5 gallons; and
6-6 (5) a $10 [$37.50] fee for each increment of 5,000
6-7 gallons or any part thereof delivered into a cargo tank having a
6-8 capacity of 10,000 gallons or more.
6-9 (x) The [After the deposits have been made to the credit of
6-10 the general revenue fund under Section 403.092(c)(1), Government
6-11 Code, as added by Chapter 533, Acts of the 73rd Legislature, 1993,
6-12 the] fee imposed under this section may not be collected or
6-13 required to be paid on or after the first day of the second month
6-14 following notification by the commission of the date on which the
6-15 amount deposited to the credit of [unobligated balance in] the
6-16 petroleum storage tank remediation account during the preceding two
6-17 years [equals or] exceeds $96 [$100] million. The commission shall
6-18 notify the comptroller in writing of the date on which the amount
6-19 deposited to the credit of the petroleum storage tank remediation
6-20 account during the preceding two years [unobligated balance equals
6-21 or] exceeds $96 [$100] million.
6-22 SECTION 5. Section 26.361, Water Code, is amended to read as
6-23 follows:
6-24 Sec. 26.361. EXPIRATION OF REIMBURSEMENT PROGRAM. (a)
6-25 Notwithstanding any other provision of this subchapter, the
6-26 reimbursement program established under this subchapter expires
6-27 September 1, 2005 [2003]. On or after September 1, 2005 [2003], the
7-1 commission may not use money from the petroleum storage tank
7-2 remediation account to reimburse an eligible owner or operator for
7-3 any expenses of corrective action or to pay the claim of a person
7-4 who has contracted with an eligible owner or operator to perform
7-5 corrective action.
7-6 (b) On or after September 1, 2005 [March 1, 2002], the
7-7 commission may not collect a fee under Section 26.3574 of this
7-8 code.
7-9 SECTION 6. Sections 26.3574(y) and (z), Water Code, are
7-10 repealed.
7-11 SECTION 7. This Act takes effect September 1, 2001.