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A BILL TO BE ENTITLED
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AN ACT
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relating to performance standards for certain aboveground storage |
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tanks. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 26.341(b), Water Code, is amended to |
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read as follows: |
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(b) The legislature declares that it is the policy of this |
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state and the purpose of this subchapter to: |
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(1) maintain and protect the quality of groundwater |
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and surface water resources in the state from certain substances in |
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underground and aboveground storage tanks that may pollute |
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groundwater and surface water resources, including during |
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accidents, fires, explosions, hurricanes, floods, and events for |
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which the governor declares a state of emergency; and |
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(2) require the use of all reasonable methods, |
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including risk-based corrective action, to implement this policy. |
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SECTION 2. Section 26.344(f), Water Code, is amended to |
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read as follows: |
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(f) An aboveground storage tank that is located at or is |
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part of a petrochemical plant, a petroleum refinery, an electric |
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generating facility, or a bulk facility as that term is defined by |
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Section 26.3574(a) [of this code] is exempt from regulation under |
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this subchapter but is not exempt for purposes of the fee imposed |
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under Section 26.3574 or the performance standards adopted under |
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Section 26.3442 [of this code]. |
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SECTION 3. Subchapter I, Chapter 26, Water Code, is amended |
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by adding Section 26.3442 to read as follows: |
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Sec. 26.3442. PERFORMANCE STANDARDS FOR CERTAIN |
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ABOVEGROUND STORAGE TANKS. (a) This section applies only to |
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aboveground storage tanks described by Section 26.344(f). |
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(b) The commission shall adopt performance standards for |
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existing aboveground storage tanks and aboveground storage tanks |
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brought into use on or after the effective date of the standards. |
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(c) The performance standards for aboveground storage tanks |
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must: |
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(1) include specific standards for: |
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(A) aboveground storage tanks in areas prone to |
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flooding, storm surges, and hurricanes; and |
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(B) accident, fire, and explosion safety; |
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(2) be tailored to particular geographic risks; |
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(3) allow for exemptions for aboveground storage tanks |
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with low risk of floods, storm surges, hurricanes, accidents, |
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fires, explosions, or other hazards; and |
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(4) be in accordance with federal and industry |
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standards. |
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(d) The commission by rule shall allow for a reasonable |
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period for existing aboveground storage tanks to be brought into |
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compliance with the standards adopted under this section. |
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SECTION 4. The heading to Section 26.347, Water Code, is |
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amended to read as follows: |
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Sec. 26.347. UNDERGROUND STORAGE TANK STANDARDS. |
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SECTION 5. As soon as practicable after the effective date |
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of this Act, but not later than August 1, 2023, the Texas Commission |
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on Environmental Quality by rule shall adopt the standards as |
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required by Section 26.3442, Water Code, as added by this Act. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |