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