This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
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.