By Uher H.B. No. 2872 77R7722 SMH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the emergency cleanup of oil and gas wastes or other 1-3 substances or materials by the Railroad Commission of Texas. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter D, Chapter 91, Natural Resources Code, 1-6 is amended by adding Section 91.1135 to read as follows: 1-7 Sec. 91.1135. EMERGENCY CLEANUP BY COMMISSION. (a) In this 1-8 section, "responsible person" has the meaning assigned by Section 1-9 91.113. 1-10 (b) Notwithstanding Section 91.113(a), the commission may 1-11 conduct an emergency cleanup of oil and gas wastes or other 1-12 substances or materials only in accordance with the procedures 1-13 provided by this section. 1-14 (c) Before beginning an emergency cleanup, the commission 1-15 must: 1-16 (1) assess the threat to the public caused by the 1-17 release by considering the following factors: 1-18 (A) the type of release; 1-19 (B) whether the release is polluting a waterway; 1-20 (C) the rate of flow of any waterway polluted; 1-21 (D) the distance between the location of the 1-22 release and the nearest surface or subsurface water; 1-23 (E) the effect the weather may have on the 1-24 release; 2-1 (F) the type of vegetation or animal life that 2-2 may be affected by the release; 2-3 (G) the time of day the release was discovered; 2-4 and 2-5 (H) the location of the nearest response team; 2-6 and 2-7 (2) attempt to contact the responsible person at: 2-8 (A) each telephone number for the person on file 2-9 with or otherwise readily accessible to the commission, including 2-10 the person's home telephone number, home fax number, office 2-11 telephone number, office fax number, cellular telephone number, or 2-12 digital pager number; or 2-13 (B) if the person cannot be contacted by 2-14 telephone, the person's electronic mail address. 2-15 (d) If the commission is able to contact the responsible 2-16 person, the commission must determine through the application of 2-17 objective standards whether the person is willing and has 2-18 sufficient assets to perform the cleanup at the person's expense. 2-19 (e) If the commission is unable to contact the responsible 2-20 person or the person refuses or does not have sufficient assets to 2-21 perform the cleanup at the person's expense, the commission must 2-22 inform the person that: 2-23 (1) the commission will authorize an emergency 2-24 cleanup; and 2-25 (2) the person will be held financially responsible 2-26 for reimbursing the commission for all reasonable costs incurred by 2-27 the commission in conducting the cleanup. 3-1 (f) At any time before the commission completes the cleanup, 3-2 the responsible person may take over and complete the cleanup. The 3-3 responsible person is responsible for all costs incurred by the 3-4 commission before the time the person took over the cleanup. 3-5 (g) The commission shall make all reasonable attempts to 3-6 prevent unreasonable and excessive costs associated with an 3-7 emergency cleanup. If the responsible person disputes the costs 3-8 associated with the cleanup, the commission has the burden of 3-9 substantiating the costs incurred by presenting evidence from a 3-10 qualified expert in the field of oilfield cleanups. 3-11 SECTION 2. This Act takes effect September 1, 2001.