88R12801 ANG-D
 
  By: Allen H.B. No. 3982
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to notice and safety requirements applicable to certain
  LP-Gas containers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 113, Natural Resources
  Code, is amended by adding Section 113.085 to read as follows:
         Sec. 113.085.  NOTICE OF INTENT TO OBTAIN PERMIT OR PERMIT
  REVIEW; HEARING.  (a)  For a proposed installation or modification
  of an LP-gas container located at a bulk storage terminal, as
  defined by Section 26.3442, Water Code, the commission shall
  require the applicant to mail a notice to:
               (1)  all owners of real property located 150 yards or
  less from the location of the proposed installation or modification
  activities; and
               (2)  the state representative of the state legislative
  district in which the installation or modification activities are
  proposed to be performed.
         (b)  The notice must:
               (1)  contain information about the proposed
  installation or modification activities as required by the
  commission; and 
               (2)  be sent by registered or certified mail, return
  receipt requested, or by another form of mail that provides proof of
  delivery.
         (c)  A person who resides in a residence located 150 yards or
  less from the location of the proposed installation or modification
  activities may request that the commission, in cooperation with the
  applicant, hold a public hearing in the county in which the
  installation or modification activities are proposed to be
  performed to:
               (1)  inform the public about the application; and
               (2)  obtain public input regarding the application.
         SECTION 2.  Chapter 113, Natural Resources Code, is amended
  by adding Subchapter N to read as follows:
  SUBCHAPTER N.  SAFETY STANDARDS FOR CERTAIN LP-GAS CONTAINERS
         Sec. 113.451.  APPLICABILITY. This subchapter applies only
  to an LP-gas container located at a bulk storage terminal as defined
  by Section 26.3442, Water Code.
         Sec. 113.452.  LEAK DETECTION AND REPAIR PROTOCOL. The
  commission shall establish a leak detection and repair protocol to
  protect a surrounding community from the release of substances from
  an LP-gas container at a bulk storage terminal in the event of an
  accident or natural disaster.  The protocol must include:
               (1)  periodic monitoring of each LP-gas container to
  identify any leaks or necessary repairs; and
               (2)  identification of a public notification system the
  facility may use to notify persons who reside 150 yards or less from
  the LP-gas container of an emergency.
         Sec. 113.453.  RISK MANAGEMENT PLAN. A license holder that
  operates an LP-gas container at a bulk storage terminal shall
  develop a risk management plan and post the risk management plan on
  the facility's publicly available Internet website.
         Sec. 113.454.  EMERGENCY RESPONSE PLAN. A license holder
  that operates an LP-gas container at a bulk storage terminal shall
  develop an emergency response plan.  The emergency response plan
  must:
               (1)  identify the person to notify in the event of an
  emergency;
               (2)  describe the types of incidents for which the fire
  department must be notified, including leaks, fire, or damage to an
  LP-gas container; and
               (3)  describe the method by which the community will be
  notified of an emergency.
         Sec. 113.455.  COMMUNITY OUTREACH. A license holder that
  operates an LP-gas container at a bulk storage terminal shall
  provide to persons who reside 150 yards or less from the LP-gas
  container:
               (1)  annual updates regarding the status of the
  container; and
               (2)  information regarding safety protocols to be
  followed in an emergency. 
         SECTION 3.  This Act takes effect September 1, 2023.