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79R8840 SLO-D
By: Bonnen H.B. No. 1987
Substitute the following for H.B. No. 1987:
By: Bonnen C.S.H.B. No. 1987
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of underground and aboveground storage
tanks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 26.342, Water Code, is amended by adding
Subsection (16-a) to read as follows:
(16-a) "Subsurface soil" does not include backfill or
native material that is placed immediately adjacent to or
surrounding an underground storage tank system when the system is
installed or the system's individual components are replaced unless
free phase petroleum product is present in the backfill or native
material.
SECTION 2. Sections 26.3467(a) and (b), Water Code, are
amended to read as follows:
(a) The owner or operator of an underground storage tank
into which a regulated substance is to be deposited shall provide
the common carrier a copy of the certificate of compliance for the
specific underground storage tank into which the regulated
substance is to be deposited before accepting delivery of the
regulated substance into the underground storage tank. The owner
or operator of an underground storage tank may comply with this
subsection by obtaining a current copy of the certificate from the
commission's Internet website.
(b) An owner or operator of an underground storage tank [A
person] who [knowingly] violates Subsection (a) commits an offense
that is punishable as provided by Section 7.156 for an offense under
that section.
SECTION 3. Section 26.355(b), Water Code, is amended to
read as follows:
(b) An owner or operator of an underground or aboveground
storage tank from which a regulated substance is released is liable
to the state unless:
(1) the release was caused by:
(A) [(1)] an act of God;
(B) [(2)] an act of war;
(C) [(3)] the negligence of the State of
Texas or the United States; or
(D) [(4)] an act or omission of a third
party; or
(2) the site at which the release occurred has been
admitted into the petroleum storage tank state-lead program under
Section 26.3573(r-1).
SECTION 4. Section 26.3573, Water Code, is amended by
amending Subsections (r) and (s) and adding Subsection (r-1) to
read as follows:
(r) Except as provided by Subsection (r-1), the [The]
petroleum storage tank remediation account may not be used to
reimburse any person for corrective action performed after
September 1, 2005.
(r-1) In this subsection, "state-lead program" means the
petroleum storage tank state-lead program administered by the
commission. The executive director shall grant an extension for
corrective action reimbursement to a person who is an eligible
owner or operator under Section 26.3571. The petroleum storage
tank remediation account may be used to reimburse an eligible owner
or operator for corrective action performed under an extension
before August 31, 2007. Not later than July 1, 2007, an eligible
owner or operator who is granted an extension under this subsection
may apply to the commission in writing using a form provided by the
commission to have the site subject to corrective action placed in
the state-lead program. The eligible owner or operator must agree
in the application to allow site access to state personnel and state
contractors as a condition of placement in the state-lead program
under this subsection. On receiving the application for placement
in the state-lead program under this subsection, the executive
director by order shall place the site in the state-lead program
until the corrective action is completed to the satisfaction of the
commission. An eligible owner or operator of a site that is placed
in the state-lead program under this subsection is not liable to the
commission for any costs related to the corrective action.
(s) The petroleum storage tank remediation account may not
be used to reimburse any person for corrective action contained in a
reimbursement claim filed with the commission after March 1, 2008
[2006].
SECTION 5. Section 26.361, Water Code, is amended to read as
follows:
Sec. 26.361. EXPIRATION OF REIMBURSEMENT PROGRAM.
Notwithstanding any other provision of this subchapter, the
reimbursement program established under this subchapter expires
September 1, 2008 [2006]. On or after September 1, 2008 [2006], the
commission may not use money from the petroleum storage tank
remediation account to reimburse an eligible owner or operator for
any expenses of corrective action or to pay the claim of a person
who has contracted with an eligible owner or operator to perform
corrective action.
SECTION 6. (a) Section 26.3467(b), as amended by this Act,
applies only to an offense committed on or after the effective date
of this Act. For purposes of this section, an offense is committed
before the effective date of this Act if any element of the offense
occurs before that date.
(b) An offense committed before the effective date of this
Act is governed by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2005.