| 1 | 1 | | 88R12801 ANG-D |
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| 2 | 2 | | By: Allen H.B. No. 3982 |
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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 notice and safety requirements applicable to certain |
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| 8 | 8 | | LP-Gas containers. |
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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. Subchapter D, Chapter 113, Natural Resources |
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| 11 | 11 | | Code, is amended by adding Section 113.085 to read as follows: |
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| 12 | 12 | | Sec. 113.085. NOTICE OF INTENT TO OBTAIN PERMIT OR PERMIT |
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| 13 | 13 | | REVIEW; HEARING. (a) For a proposed installation or modification |
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| 14 | 14 | | of an LP-gas container located at a bulk storage terminal, as |
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| 15 | 15 | | defined by Section 26.3442, Water Code, the commission shall |
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| 16 | 16 | | require the applicant to mail a notice to: |
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| 17 | 17 | | (1) all owners of real property located 150 yards or |
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| 18 | 18 | | less from the location of the proposed installation or modification |
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| 19 | 19 | | activities; and |
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| 20 | 20 | | (2) the state representative of the state legislative |
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| 21 | 21 | | district in which the installation or modification activities are |
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| 22 | 22 | | proposed to be performed. |
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| 23 | 23 | | (b) The notice must: |
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| 24 | 24 | | (1) contain information about the proposed |
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| 25 | 25 | | installation or modification activities as required by the |
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| 26 | 26 | | commission; and |
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| 27 | 27 | | (2) be sent by registered or certified mail, return |
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| 28 | 28 | | receipt requested, or by another form of mail that provides proof of |
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| 29 | 29 | | delivery. |
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| 30 | 30 | | (c) A person who resides in a residence located 150 yards or |
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| 31 | 31 | | less from the location of the proposed installation or modification |
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| 32 | 32 | | activities may request that the commission, in cooperation with the |
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| 33 | 33 | | applicant, hold a public hearing in the county in which the |
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| 34 | 34 | | installation or modification activities are proposed to be |
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| 35 | 35 | | performed to: |
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| 36 | 36 | | (1) inform the public about the application; and |
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| 37 | 37 | | (2) obtain public input regarding the application. |
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| 38 | 38 | | SECTION 2. Chapter 113, Natural Resources Code, is amended |
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| 39 | 39 | | by adding Subchapter N to read as follows: |
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| 40 | 40 | | SUBCHAPTER N. SAFETY STANDARDS FOR CERTAIN LP-GAS CONTAINERS |
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| 41 | 41 | | Sec. 113.451. APPLICABILITY. This subchapter applies only |
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| 42 | 42 | | to an LP-gas container located at a bulk storage terminal as defined |
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| 43 | 43 | | by Section 26.3442, Water Code. |
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| 44 | 44 | | Sec. 113.452. LEAK DETECTION AND REPAIR PROTOCOL. The |
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| 45 | 45 | | commission shall establish a leak detection and repair protocol to |
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| 46 | 46 | | protect a surrounding community from the release of substances from |
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| 47 | 47 | | an LP-gas container at a bulk storage terminal in the event of an |
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| 48 | 48 | | accident or natural disaster. The protocol must include: |
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| 49 | 49 | | (1) periodic monitoring of each LP-gas container to |
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| 50 | 50 | | identify any leaks or necessary repairs; and |
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| 51 | 51 | | (2) identification of a public notification system the |
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| 52 | 52 | | facility may use to notify persons who reside 150 yards or less from |
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| 53 | 53 | | the LP-gas container of an emergency. |
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| 54 | 54 | | Sec. 113.453. RISK MANAGEMENT PLAN. A license holder that |
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| 55 | 55 | | operates an LP-gas container at a bulk storage terminal shall |
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| 56 | 56 | | develop a risk management plan and post the risk management plan on |
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| 57 | 57 | | the facility's publicly available Internet website. |
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| 58 | 58 | | Sec. 113.454. EMERGENCY RESPONSE PLAN. A license holder |
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| 59 | 59 | | that operates an LP-gas container at a bulk storage terminal shall |
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| 60 | 60 | | develop an emergency response plan. The emergency response plan |
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| 61 | 61 | | must: |
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| 62 | 62 | | (1) identify the person to notify in the event of an |
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| 63 | 63 | | emergency; |
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| 64 | 64 | | (2) describe the types of incidents for which the fire |
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| 65 | 65 | | department must be notified, including leaks, fire, or damage to an |
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| 66 | 66 | | LP-gas container; and |
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| 67 | 67 | | (3) describe the method by which the community will be |
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| 68 | 68 | | notified of an emergency. |
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| 69 | 69 | | Sec. 113.455. COMMUNITY OUTREACH. A license holder that |
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| 70 | 70 | | operates an LP-gas container at a bulk storage terminal shall |
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| 71 | 71 | | provide to persons who reside 150 yards or less from the LP-gas |
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| 72 | 72 | | container: |
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| 73 | 73 | | (1) annual updates regarding the status of the |
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| 74 | 74 | | container; and |
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| 75 | 75 | | (2) information regarding safety protocols to be |
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| 76 | 76 | | followed in an emergency. |
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| 77 | 77 | | SECTION 3. This Act takes effect September 1, 2023. |
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