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A BILL TO BE ENTITLED
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AN ACT
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relating to the reimbursement from the Petroleum Storage Tank |
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Remediation Account and relating to the fee on delivery of certain |
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petroleum products. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 26.351(f), Water Code, is amended to |
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read as follows: |
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(f) The person performing corrective action under this |
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section, if the release was reported to the commission on or before |
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December 22, 1998, shall meet the following deadlines: |
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(1) a complete site assessment and risk assessment |
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(including, but not limited to, risk-based criteria for |
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establishing target concentrations), as determined by the |
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executive director, must be received by the agency no later than |
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September 1, 2002; |
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(2) a complete corrective action plan, as determined |
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by the executive director and including, but not limited to, |
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completion of pilot studies and recommendation of a cost-effective |
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and technically appropriate remediation methodology, must be |
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received by the agency no later than September 1, 2003. The person |
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may, in lieu of this requirement, submit by this same deadline a |
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demonstration that a corrective action plan is not required for the |
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site in question under commission rules. Such demonstration must |
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be to the executive director's satisfaction; |
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(3) for those sites found under Subdivision (2) to |
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require a corrective action plan, that plan must be initiated and |
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proceeding according to the requirements and deadlines in the |
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approved plan no later than March 1, 2004; |
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(4) for sites which require either a corrective action |
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plan or groundwater monitoring, a comprehensive and accurate annual |
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status report concerning those activities must be submitted to the |
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agency; |
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(5) for sites which require either a corrective action |
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plan or groundwater monitoring, all deadlines set by the executive |
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director concerning the corrective action plan or approved |
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groundwater monitoring plan shall be met; and |
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(6) for sites that require either a corrective action |
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plan or groundwater monitoring, have met all other deadlines under |
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this subsection, and have submitted annual progress reports that |
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demonstrate progress toward meeting closure requirements, a site |
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closure request must be submitted to the executive director no |
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later than [September 1, 2007] September 1, 2009. The request must |
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be complete, as judged by the executive director. |
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SECTION 2. Section 26.3573(r-1), Water Code, is amended to |
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read as follows: |
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(r-1) In this subsection, "state-lead program" means the |
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petroleum storage tank state-lead program administered by the |
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commission. The executive director shall grant an extension for |
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corrective action reimbursement to a person who is an eligible |
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owner or operator under Section 26.3571. The petroleum storage |
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tank remediation account may be used to reimburse an eligible owner |
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or operator for corrective action performed under an extension |
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before [August 31, 2007] August 31, 2009. Not later than [July 1,
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2007] July 1, 2009, an eligible owner or operator who is granted an |
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extension under this subsection may apply to the commission in |
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writing using a form provided by the commission to have the site |
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subject to corrective action placed in the state-lead program. The |
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eligible owner or operator must agree in the application to allow |
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site access to state personnel and state contractors as a condition |
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of placement in the state-lead program under this subsection. On |
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receiving the application for placement in the state-lead program |
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under this subsection, the executive director by order shall place |
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the site in the state-lead program until the corrective action is |
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completed to the satisfaction of the commission. An eligible owner |
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or operator of a site that is placed in the state-lead program under |
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this subsection is not liable to the commission for any costs |
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related to the corrective action. |
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SECTION 3. Section 26.3573(s), Water Code, is amended to |
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read as follows: |
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(s) The petroleum storage tank remediation account may not |
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be used to reimburse any person for corrective action contained in a |
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reimbursement claim filed with the commission after [March 1, 2008] |
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March 1, 2010. |
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SECTION 4. Section 26.3574(b), Water Code, is amended to |
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read as follows: |
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(b) A fee is imposed on the delivery of a petroleum product |
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on withdrawal from bulk of that product as provided by this |
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subsection. Each operator of a bulk facility on withdrawal from |
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bulk of a petroleum product shall collect from the person who orders |
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the withdrawal a fee in an amount determined as follows: |
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(1) [$12.50 for each delivery into a cargo tank having
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a capacity of less than 2,500 gallons for the state fiscal year
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beginning September 1, 2001, and the state fiscal year beginning
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September 1, 2002; and $10.00 for each delivery into a cargo tank
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having a capacity of less than 2,500 gallons for the state fiscal
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year beginning September 1, 2003, through the state fiscal year
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ending August 31, 2007;] $5.00 for each delivery into a cargo tank |
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having a capacity of less than 2,500 gallons for the state fiscal |
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year beginning September 1, 2007 and every fiscal year thereafter. |
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(2) [$25.00 for each delivery into a cargo tank having
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a capacity of 2,500 gallons or more but less than 5,000 gallons for
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the state fiscal year beginning September 1, 2001, and the state
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fiscal year beginning September 1, 2002; and $20.00 for each
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delivery into a cargo tank having a capacity of 2,500 gallons or
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more but less than 5,000 gallons for the state fiscal year beginning
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September 1, 2003, through the state fiscal year ending August 31,
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2007;] $10.00 for each delivery into a cargo tank having a capacity |
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of 2,500 gallons or more but less than 5,000 gallons for the state |
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fiscal year beginning September 1, 2007 and every fiscal year |
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thereafter. |
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(3) [$37.50 for each delivery into a cargo tank having
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a capacity of 5,000 gallons or more but less than 8,000 gallons for
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the state fiscal year beginning September 1, 2001, and the state
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fiscal year beginning September 1, 2002; and $30.00 for each
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delivery into a cargo tank having a capacity of 5,000 gallons or
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more but less than 8,000 gallons for the state fiscal year beginning
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September 1, 2003, through the state fiscal year ending August 31,
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2007;] $15.00 for each delivery into a cargo tank having a capacity |
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of 5,000 gallons or more but less than 8,000 gallons for the state |
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fiscal year beginning September 1, 2007 and every fiscal year |
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thereafter. |
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(4) [$50.00 for each delivery into a cargo tank having
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a capacity of 8,000 gallons or more but less than 10,000 gallons for
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the state fiscal year beginning September 1, 2001, and the state
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fiscal year beginning September 1, 2002; and $40.00 for each
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delivery into a cargo tank having a capacity of 8,000 gallons or
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more but less than 10,000 gallons for the state fiscal year
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beginning September 1, 2003, through the state fiscal year ending
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August 31, 2007;] $20.00 for each delivery into a cargo tank having |
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a capacity of 8,000 gallons or more but less than 10,000 gallons for |
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the state fiscal year beginning September 1, 2007 and every fiscal |
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year thereafter; and |
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(5) [a $25.00 fee for each increment of 5,000 gallons
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or any part thereof delivered into a cargo tank having a capacity of
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10,000 gallons or more for the state fiscal year beginning
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September 1, 2001, and the state fiscal year beginning September 1,
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2002; and $20.00 for each increment of 5,000 gallons or any part
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thereof delivered into a cargo tank having a capacity of 10,000
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gallons or more for the state fiscal year beginning September 1,
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2003, through the state fiscal year ending August 31, 2007.] $10.00 |
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for each increment of 5,000 gallons or any part thereof delivered |
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into a cargo tank having a capacity of 10,000 gallons or more for |
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the state fiscal year beginning September 1, 2007 and every fiscal |
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year thereafter. |
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SECTION 5. Section 26.361, Water Code, is amended to read as |
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follows: |
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EXPIRATION OF REIMBURSEMENT PROGRAM. Notwithstanding any |
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other provision of this subchapter, the reimbursement program |
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established under this subchapter expires [September 1, 2008] |
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September 1, 2010. On or after [September 1, 2008] September 1, |
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2010, the commission may not use money from the petroleum storage |
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tank remediation account to reimburse an eligible owner or operator |
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for any expenses of corrective action or to pay the claim of a |
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person who has contracted with an eligible owner or operator to |
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perform corrective action. |
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SECTION 6. The Texas Commission on Environmental Quality |
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may adopt rules implementing the changes in law effected by this |
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Act. |
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SECTION 7. This Act takes effect September 1, 2007. |