79R8798 T

By:  Bonnen                                                       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. SECTION 2. Sections 26.3467(b) and (c), Water Code, are amended to read as follows: (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. (c) A person who sells a regulated substance to a common carrier who delivers the regulated substance to the owner or operator of an underground storage tank into which the regulated substance is deposited, and who does not deliver the regulated substance into the underground storage tank, and the common carrier who delivers the regulated substance to the owner or operator of an underground storage tank into which the regulated substance is deposited, are [is] not liable under this chapter with respect to that tank. SECTION 3. (a) Sections 26.3467(b) and (c), Water Code, 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 covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. SECTION 4. 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 5. 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) The executive director shall grant an extension for corrective action reimbursement to a person if the person demonstrates to the executive director that the person has diligently and in good faith attempted to complete all corrective action by September 1, 2005. The petroleum storage tank remediation account may be used to reimburse a person for corrective action performed under an extension before September 2, 2007. If a person who is granted an extension for corrective action reimbursement is not able to complete the corrective action by September 1, 2007, despite a good faith effort, the executive director by order shall place the site subject to the corrective action in the commission's petroleum storage tank state-lead program until the corrective action is completed to the satisfaction of the commission. (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 6. 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 7. This Act takes effect September 1, 2005.