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.