| 1 | 1 | | 87R2902 MP-F |
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| 2 | 2 | | By: Perez H.B. No. 711 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to performance standards for certain aboveground storage |
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| 8 | 8 | | tanks. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 26.341(b), Water Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (b) The legislature declares that it is the policy of this |
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| 13 | 13 | | state and the purpose of this subchapter to: |
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| 14 | 14 | | (1) maintain and protect the quality of groundwater |
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| 15 | 15 | | and surface water resources in the state from certain substances in |
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| 16 | 16 | | underground and aboveground storage tanks that may pollute |
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| 17 | 17 | | groundwater and surface water resources, including during |
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| 18 | 18 | | accidents, fires, explosions, hurricanes, floods, and events for |
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| 19 | 19 | | which the governor declares a state of emergency; and |
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| 20 | 20 | | (2) require the use of all reasonable methods, |
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| 21 | 21 | | including risk-based corrective action, to implement this policy. |
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| 22 | 22 | | SECTION 2. Section 26.344(f), Water Code, is amended to |
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| 23 | 23 | | read as follows: |
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| 24 | 24 | | (f) An aboveground storage tank that is located at or is |
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| 25 | 25 | | part of a petrochemical plant, a petroleum refinery, an electric |
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| 26 | 26 | | generating facility, or a bulk facility as that term is defined by |
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| 27 | 27 | | Section 26.3574(a) [of this code] is exempt from regulation under |
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| 28 | 28 | | this subchapter but is not exempt for purposes of the fee imposed |
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| 29 | 29 | | under Section 26.3574 or the performance standards adopted under |
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| 30 | 30 | | Section 26.3442 [of this code]. |
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| 31 | 31 | | SECTION 3. Subchapter I, Chapter 26, Water Code, is amended |
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| 32 | 32 | | by adding Section 26.3442 to read as follows: |
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| 33 | 33 | | Sec. 26.3442. PERFORMANCE STANDARDS FOR CERTAIN |
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| 34 | 34 | | ABOVEGROUND STORAGE TANKS. (a) This section applies only to |
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| 35 | 35 | | aboveground storage tanks described by Section 26.344(f). |
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| 36 | 36 | | (b) The commission shall adopt performance standards for |
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| 37 | 37 | | existing aboveground storage tanks and aboveground storage tanks |
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| 38 | 38 | | brought into use on or after the effective date of the standards. |
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| 39 | 39 | | (c) The performance standards for aboveground storage tanks |
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| 40 | 40 | | must: |
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| 41 | 41 | | (1) include specific standards for: |
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| 42 | 42 | | (A) aboveground storage tanks in areas prone to |
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| 43 | 43 | | flooding, storm surges, and hurricanes; and |
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| 44 | 44 | | (B) accident, fire, and explosion safety; |
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| 45 | 45 | | (2) be tailored to particular geographic risks; |
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| 46 | 46 | | (3) allow for exemptions for aboveground storage tanks |
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| 47 | 47 | | with low risk of floods, storm surges, hurricanes, accidents, |
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| 48 | 48 | | fires, explosions, or other hazards; and |
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| 49 | 49 | | (4) be in accordance with federal and industry |
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| 50 | 50 | | standards. |
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| 51 | 51 | | (d) The commission by rule shall allow for a reasonable |
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| 52 | 52 | | period for existing aboveground storage tanks to be brought into |
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| 53 | 53 | | compliance with the standards adopted under this section. |
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| 54 | 54 | | SECTION 4. The heading to Section 26.347, Water Code, is |
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| 55 | 55 | | amended to read as follows: |
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| 56 | 56 | | Sec. 26.347. UNDERGROUND STORAGE TANK STANDARDS. |
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| 57 | 57 | | SECTION 5. As soon as practicable after the effective date |
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| 58 | 58 | | of this Act, but not later than August 1, 2023, the Texas Commission |
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| 59 | 59 | | on Environmental Quality by rule shall adopt the standards as |
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| 60 | 60 | | required by Section 26.3442, Water Code, as added by this Act. |
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| 61 | 61 | | SECTION 6. This Act takes effect immediately if it receives |
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| 62 | 62 | | a vote of two-thirds of all the members elected to each house, as |
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| 63 | 63 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 64 | 64 | | Act does not receive the vote necessary for immediate effect, this |
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| 65 | 65 | | Act takes effect September 1, 2021. |
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