Amend CSHB 3554 by striking all below the enacting clause and
substituting:
SECTION 1. Section 26.351, Water Code, is amended by
amending Subsections (a) and (f) and adding Subsection (i) to read
as follows:
(a) The commission shall use risk-based corrective action
[adopt rules establishing the requirements] for taking corrective
action in response to a release from an underground or aboveground
storage tank. Corrective action may include:
(1) site cleanup, including the removal, treatment,
and disposal of surface and subsurface contamination;
(2) removal of underground or aboveground storage
tanks;
(3) measures to halt a release in progress or to
prevent future or threatened releases of regulated substances;
(4) well monitoring, taking of soil borings, and any
other actions reasonably necessary to determine the extent of
contamination caused by a release;
(5) providing alternate water supplies; and
(6) any other action reasonably necessary to protect
the public health and safety or the environment from harm or
threatened harm due to releases of regulated substances from
underground or aboveground storage tanks.
(f) The person performing corrective action under this
section, if the release was reported to the commission on or before
December 22, 1998, shall meet the following deadlines:
(1) a complete site assessment and risk assessment
(including, but not limited to, risk-based criteria for
establishing target concentrations), as determined by the
executive director, must be received by the agency no later than
September 1, 2002;
(2) a complete corrective action plan, as determined
by the executive director and including, but not limited to,
completion of pilot studies and recommendation of a cost-effective
and technically appropriate remediation methodology, must be
received by the agency no later than September 1, 2003. The person
may, in lieu of this requirement, submit by this same deadline a
demonstration that a corrective action plan is not required for the
site in question under commission rules. Such demonstration must
be to the executive director's satisfaction;
(3) for those sites found under Subdivision (2) to
require a corrective action plan, that plan must be initiated and
proceeding according to the requirements and deadlines in the
approved plan no later than March 1, 2004;
(4) for sites which require either a corrective action
plan or groundwater monitoring, a comprehensive and accurate annual
status report concerning those activities must be submitted to the
agency;
(5) for sites which require either a corrective action
plan or groundwater monitoring, all deadlines set by the executive
director concerning the corrective action plan or approved
groundwater monitoring plan shall be met; and
(6) for sites that require either a corrective action
plan or groundwater monitoring, have met all other deadlines under
this subsection, and have submitted annual progress reports that
demonstrate progress toward meeting closure requirements, a site
closure request must be submitted to the executive director no
later than September 1, 2011 [2007]. The request must be complete,
as judged by the executive director.
(i) The commission shall by rule define "risk-based
corrective action" for purposes of this section.
SECTION 2. Sections 26.3573(d), (e), (r-1), and (s), Water
Code, are amended to read as follows:
(d) The commission may use the money in the petroleum
storage tank remediation account to pay:
(1) necessary expenses associated with the
administration of the petroleum storage tank remediation account
and the groundwater protection cleanup program;
(2) expenses associated with investigation, cleanup,
or corrective action measures performed in response to a release or
threatened release from a petroleum storage tank, whether those
expenses are incurred by the commission or pursuant to a contract
between a contractor and an eligible owner or operator as
authorized by this subchapter; [and]
(3) subject to the conditions of Subsection (f) [(e)],
expenses associated with investigation, cleanup, or corrective
action measures performed in response to a release or threatened
release of hydraulic fluid or spent oil from hydraulic lift systems
or tanks located at a vehicle service and fueling facility and used
as part of the operations of that facility; and
(4) expenses associated with assuring compliance with
the commission's applicable underground or aboveground storage
tank administrative and technical requirements, including
technical assistance and support, inspections, enforcement, and
the provision of matching funds for grants.
(e) To consolidate appropriations, the commission may
transfer from the petroleum storage tank remediation account to the
waste management account an amount equal to the amounts authorized
under Subsections [Subsection] (d)(1) and (4), subject to the
requirements of those subsections [that subsection].
(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, 2011 [2007]. Not later than July 1, 2011 [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, 2012
[2008].
SECTION 3. Section 26.3574(b), Water Code, is amended to
read as follows:
(b) A fee is imposed on the delivery of a petroleum product
on withdrawal from bulk of that product as provided by this
subsection. Each operator of a bulk facility on withdrawal from
bulk of a petroleum product shall collect from the person who orders
the withdrawal a fee in an amount determined as follows:
(1) $3.75 [$12.50] for each delivery into a cargo tank
having a capacity of less than 2,500 gallons for the state fiscal
year beginning September 1, 2007 [2001, and the state fiscal year
beginning September 1, 2002; and $10.00 for each delivery into a
cargo tank having a capacity of less than 2,500 gallons for the
state fiscal year beginning September 1, 2003], through the state
fiscal year ending August 31, 2011 [2007];
(2) $7.50 [$25.00] for each delivery into a cargo tank
having a capacity of 2,500 gallons or more but less than 5,000
gallons for the state fiscal year beginning September 1, 2007
[2001, and the state fiscal year beginning September 1, 2002; and
$20.00 for each delivery into a cargo tank having a capacity of
2,500 gallons or more but less than 5,000 gallons for the state
fiscal year beginning September 1, 2003], through the state fiscal
year ending August 31, 2011 [2007];
(3) $11.75 [$37.50] for each delivery into a cargo
tank having a capacity of 5,000 gallons or more but less than 8,000
gallons for the state fiscal year beginning September 1, 2007
[2001, and the state fiscal year beginning September 1, 2002; and
$30.00 for each delivery into a cargo tank having a capacity of
5,000 gallons or more but less than 8,000 gallons for the state
fiscal year beginning September 1, 2003], through the state fiscal
year ending August 31, 2011 [2007];
(4) $15.00 [$50.00] for each delivery into a cargo
tank having a capacity of 8,000 gallons or more but less than 10,000
gallons for the state fiscal year beginning September 1, 2007
[2001, and the state fiscal year beginning September 1, 2002; and
$40.00 for each delivery into a cargo tank having a capacity of
8,000 gallons or more but less than 10,000 gallons for the state
fiscal year beginning September 1, 2003], through the state fiscal
year ending August 31, 2011 [2007]; and
(5) $7.50 [a $25.00 fee] for each increment of 5,000
gallons or any part thereof delivered into a cargo tank having a
capacity of 10,000 gallons or more for the state fiscal year
beginning September 1, 2007 [2001, and the state fiscal year
beginning September 1, 2002; and $20.00 for each increment of 5,000
gallons or any part thereof delivered into a cargo tank having a
capacity of 10,000 gallons or more for the state fiscal year
beginning September 1, 2003], through the state fiscal year ending
August 31, 2011 [2007].
SECTION 4. Sections 26.358(d), (f), and (g), Water Code,
are amended to read as follows:
(d) The commission shall impose an annual facility fee on a
facility that operates one or more underground or aboveground
storage tanks if the fee charged under Section 26.3574 is
discontinued. The commission may also impose reasonable interest
and penalties for late payment of the fee as provided by commission
rule. The commission may establish a fee schedule that will
generate an amount of money sufficient to fund the commission's
budget for the regulatory program regarding underground and
aboveground storage tanks authorized by this subchapter.
(f) The amount of an [maximum] annual fee that the
commission may impose on a facility under Subsection (d) is equal to
the amount set by the commission [is $25] for each aboveground
storage tank and [$50] for each underground storage tank operated
at the facility.
(g) The commission shall collect any [the] fees imposed
under this section on dates set by commission rule. The period
between collection dates may not exceed two years.
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, 2012 [2008]. On or after September 1, 2012 [2008], 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. Notwithstanding any other provision of this Act,
Section 26.3573(r-1), Water Code, as amended by this Act, takes
effect immediately if this Act receives a vote of two-thirds of all
the members elected to each house, as provided by Section 39,
Article III, Texas Constitution. If this Act does not receive the
vote necessary for immediate effect, Section 26.3573(r-1), Water
Code, as amended by this Act, takes effect August 27, 2007.