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AN ACT
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relating to the installation and operation of intermediate bulk |
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container recycling facilities; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter I, Chapter 26, Water |
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Code, is amended to read as follows: |
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SUBCHAPTER I. UNDERGROUND AND ABOVEGROUND STORAGE [TANKS] |
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SECTION 2. 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; |
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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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[and] |
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(3) promote the safety of storage vessels as defined |
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in Section 26.3442, by adopting requirements for the design, |
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construction, operation, and maintenance of storage vessels, with |
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the objective of protecting groundwater and surface water resources |
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in the event of accidents and natural disasters; and |
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(4) ensure that intermediate bulk container recycling |
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facilities, as defined by Section 26.3445, are not located close to |
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private residences. |
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SECTION 3. Subchapter I, Chapter 26, Water Code, is amended |
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by adding Section 26.3445 to read as follows: |
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Sec. 26.3445. LOCATION OF INTERMEDIATE BULK CONTAINER |
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RECYCLING FACILITY. (a) In this section: |
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(1) "Intermediate bulk container" means a rigid or |
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flexible portable packaging, other than a cylinder or portable |
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tank, that is designed for mechanical handling, with a volume of at |
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least 275 gallons. |
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(2) "Intermediate bulk container recycling facility" |
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means a site that accepts intermediate bulk containers for purposes |
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of reconditioning the containers for reuse or disposal. |
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(b) This section applies only to an intermediate bulk |
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container regulated by the Pipeline and Hazardous Materials Safety |
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Administration. |
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(c) A person may not install or operate an intermediate bulk |
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container recycling facility within 2,000 feet of a private |
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residence. |
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(d) An owner of an intermediate bulk container recycling |
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facility shall register the facility with the commission not later |
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than the 30th day before the date the facility begins receiving |
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intermediate bulk containers. |
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(e) At least once every three years, the commission shall |
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conduct on-site inspections of intermediate bulk container |
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recycling facilities registered under this section to determine |
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compliance with laws under the jurisdiction of the commission. |
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(f) The commission by rule shall impose an annual fee for |
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registering an intermediate bulk container recycling facility |
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under this section in an amount sufficient to cover the reasonable |
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costs of administering the registration program, including costs |
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associated with: |
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(1) implementing the registration program; and |
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(2) inspecting registered facilities. |
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(g) A fee received by the commission under this section |
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shall be deposited to the general revenue fund to the credit of the |
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water resource management account. Fees deposited under this |
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section may be appropriated only for purposes of this section. |
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(h) A facility is exempt from the application of this |
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section if the facility does not stage, store, or process more than |
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50 intermediate bulk containers at any time. |
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(i) This section does not limit the authority of a |
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municipality to adopt an ordinance prohibiting the operation of an |
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intermediate bulk container recycling facility within 2,000 feet of |
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a private residence. |
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SECTION 4. (a) The change in law made by this Act applies |
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only to an intermediate bulk container recycling facility, as |
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defined by Section 26.3445(a), Water Code, as added by this Act, |
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that begins receiving intermediate bulk containers on or after the |
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effective date of this Act. |
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(b) Subject to Subsection (a) of this section and |
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notwithstanding Section 26.3445, Water Code, as added by this Act, |
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an owner of an intermediate bulk container recycling facility, as |
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defined by Section 26.3445(a), Water Code, as added by this Act, |
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that begins receiving intermediate bulk containers before March 1, |
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2027, is not required to register the facility before March 31, |
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2027. |
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SECTION 5. The Texas Commission on Environmental Quality is |
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required to implement this Act only if the legislature appropriates |
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money specifically for that purpose. If the legislature does not |
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appropriate money for that purpose, the commission may, but is not |
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required to, implement this Act using other appropriations |
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available to the commission for that purpose. |
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SECTION 6. This Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3866 was passed by the House on May |
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12, 2025, by the following vote: Yeas 129, Nays 14, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3866 on May 29, 2025, by the following vote: Yeas 126, Nays 10, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3866 was passed by the Senate, with |
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amendments, on May 26, 2025, by the following vote: Yeas 28, Nays |
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3. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |