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A BILL TO BE ENTITLED
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AN ACT
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relating to the financial responsibility requirements applicable |
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to owners or operators of underground storage tanks. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 26.352, Water Code, is amended by |
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amending Subsections (d), (e), and (f) and adding Subsections |
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(e-1), (g), (h), and (i) to read as follows: |
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(d) A [An owner or operator of an underground storage tank
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may submit the] registration certificate issued by the commission |
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[to the owner or operator] under Section 26.346: |
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(1) may be submitted by an owner or operator of an |
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underground storage tank [of this code] to the United States |
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Environmental Protection Agency as evidence of the owner's or |
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operator's eligibility for funds for any expense for corrective |
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action incurred for confirmed releases initially discovered and |
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reported to the commission on or before December 22, 1998; and |
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(2) is not acceptable evidence of financial |
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responsibility for: |
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(A) an underground storage tank that contains a |
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petroleum substance other than: |
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(i) a petroleum product; or |
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(ii) spent oil or hydraulic fluid if the |
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tank is located at a vehicle service and fueling facility and is |
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used as part of the operations of that facility; or |
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(B) any expenses for corrective action for |
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confirmed releases initially discovered and reported to the |
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commission after December 22, 1998. |
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(e) An owner or operator of an underground storage tank used |
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for storing petroleum products shall submit annually with the |
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compliance certification form required by Section 26.346 proof that |
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the owner or operator maintains evidence of financial |
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responsibility as required by Subsection (a) [A registration
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certificate issued under Section 26.346 is not acceptable evidence
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of financial responsibility for:
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[(1) an underground storage tank that contains a
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petroleum substance other than:
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[(A)a petroleum product; or
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[(B) spent oil or hydraulic fluid if the tank is
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located at a vehicle service and fueling facility and is used as
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part of the operations of that facility; or
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[(2) any expenses for corrective action for confirmed
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releases initially discovered and reported to the commission after
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December 22, 1998]. |
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(e-1) An insurance company or other entity that provides |
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insurance coverage or another form of financial assurance to an |
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owner or operator of an underground storage tank for purposes of |
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this section shall notify the commission if the insurance coverage |
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or other financial assurance is canceled or not renewed. The |
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insurance company or other entity shall mail, fax, or e-mail notice |
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not later than the 30th day after the date the coverage terminates. |
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The Texas Department of Insurance shall adopt rules to implement |
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and enforce this subsection. |
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(f) The commission shall enforce this section and may impose |
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administrative and civil penalties on the owners or operators of |
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underground storage tanks if acceptable evidence of financial |
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responsibility is not maintained. The amount of an administrative |
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or civil penalty imposed under this subsection may not be less than |
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the annual cost, as estimated by the commission, of maintaining the |
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minimum insurance coverage required for the tank as determined |
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under Subsection (c). |
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(g) An owner or operator commits an offense if the owner or |
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operator operates an underground storage tank knowing that |
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acceptable evidence of financial responsibility does not exist and |
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is subject to criminal prosecution as provided by Subchapter F. |
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(h) The commission may seek injunctive relief in the |
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district courts of Travis County to force the temporary or |
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permanent closure of an underground storage tank for which |
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acceptable evidence of financial responsibility is not maintained. |
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(i) The commission may order an owner or operator of an |
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underground storage tank that fails to maintain acceptable evidence |
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of financial responsibility to place the tank out of service in the |
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same manner that the commission may issue such an order under |
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Section 26.3475(e). |
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SECTION 2. Section 26.352(e), Water Code, as amended by |
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this Act, applies only to a compliance certification form submitted |
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to the Texas Commission on Environmental Quality on or after the |
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effective date of this Act. A compliance certification form |
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submitted before the effective date of this Act is governed by the |
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law in effect at the time the form was submitted, and that law is |
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continued in effect for that purpose. |
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SECTION 3. The change in law made by Section 26.352(e-1), |
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Water Code, as added by this Act, applies only to an insurance |
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policy or other form of financial assurance that is terminated on or |
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after January 1, 2008. A policy or other form of financial |
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insurance that is terminated before that date is governed by the law |
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in effect at the time the policy or other financial assurance is |
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terminated, and that law is continued in effect for that purpose. |
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SECTION 4. Section 26.352(f), Water Code, as amended by |
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this Act, and Section 26.352(i), Water Code, as added by this Act, |
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apply only to a failure to maintain evidence of financial |
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responsibility that occurs on or after the effective date of this |
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Act. A failure to maintain evidence of financial responsibility |
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that occurs before the effective date of this Act is governed by the |
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law in effect at the time the failure occurred, and that law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |