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A BILL TO BE ENTITLED
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AN ACT
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relating to notice and safety requirements applicable to certain |
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LP-Gas containers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 113, Natural Resources |
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Code, is amended by adding Section 113.085 to read as follows: |
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Sec. 113.085. NOTICE OF INTENT TO OBTAIN PERMIT OR PERMIT |
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REVIEW; HEARING. (a) For a proposed installation or modification |
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of an LP-gas container located at a bulk storage terminal, as |
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defined by Section 26.3442, Water Code, the commission shall |
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require the applicant to mail a notice to: |
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(1) all owners of real property located 150 yards or |
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less from the location of the proposed installation or modification |
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activities; and |
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(2) the state representative of the state legislative |
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district in which the installation or modification activities are |
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proposed to be performed. |
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(b) The notice must: |
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(1) contain information about the proposed |
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installation or modification activities as required by the |
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commission; and |
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(2) be sent by registered or certified mail, return |
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receipt requested, or by another form of mail that provides proof of |
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delivery. |
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(c) A person who resides in a residence located 150 yards or |
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less from the location of the proposed installation or modification |
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activities may request that the commission, in cooperation with the |
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applicant, hold a public hearing in the county in which the |
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installation or modification activities are proposed to be |
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performed to: |
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(1) inform the public about the application; and |
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(2) obtain public input regarding the application. |
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SECTION 2. Chapter 113, Natural Resources Code, is amended |
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by adding Subchapter N to read as follows: |
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SUBCHAPTER N. SAFETY STANDARDS FOR CERTAIN LP-GAS CONTAINERS |
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Sec. 113.451. APPLICABILITY. This subchapter applies only |
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to an LP-gas container located at a bulk storage terminal as defined |
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by Section 26.3442, Water Code. |
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Sec. 113.452. LEAK DETECTION AND REPAIR PROTOCOL. The |
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commission shall establish a leak detection and repair protocol to |
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protect a surrounding community from the release of substances from |
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an LP-gas container at a bulk storage terminal in the event of an |
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accident or natural disaster. The protocol must include: |
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(1) periodic monitoring of each LP-gas container to |
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identify any leaks or necessary repairs; and |
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(2) identification of a public notification system the |
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facility may use to notify persons who reside 150 yards or less from |
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the LP-gas container of an emergency. |
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Sec. 113.453. RISK MANAGEMENT PLAN. A license holder that |
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operates an LP-gas container at a bulk storage terminal shall |
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develop a risk management plan and post the risk management plan on |
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the facility's publicly available Internet website. |
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Sec. 113.454. EMERGENCY RESPONSE PLAN. A license holder |
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that operates an LP-gas container at a bulk storage terminal shall |
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develop an emergency response plan. The emergency response plan |
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must: |
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(1) identify the person to notify in the event of an |
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emergency; |
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(2) describe the types of incidents for which the fire |
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department must be notified, including leaks, fire, or damage to an |
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LP-gas container; and |
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(3) describe the method by which the community will be |
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notified of an emergency. |
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Sec. 113.455. COMMUNITY OUTREACH. A license holder that |
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operates an LP-gas container at a bulk storage terminal shall |
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provide to persons who reside 150 yards or less from the LP-gas |
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container: |
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(1) annual updates regarding the status of the |
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container; and |
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(2) information regarding safety protocols to be |
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followed in an emergency. |
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SECTION 3. This Act takes effect September 1, 2023. |