80R14490 EJI-F
 
  By: Isett H.B. No. 3554
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the program for the regulation and remediation of
  underground and aboveground storage tanks.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         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(r-1) and (s), Water Code, are
  amended to read as follows:
         (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) and (g), Water Code, are
  amended to read as follows:
         (d)  The commission may [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.
         (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.  (a)  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.
         (b)  Except as provided by Subsection (a) of this section,
  this Act takes effect September 1, 2007.