89R22556 ANG-D
By: Landgraf H.B. No. 3866
Substitute the following for H.B. No. 3866:
By: Landgraf C.S.H.B. No. 3866
A BILL TO BE ENTITLED
AN ACT
relating to the installation and operation of intermediate bulk
container recycling facilities; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter I, Chapter 26, Water
Code, is amended to read as follows:
SUBCHAPTER I. UNDERGROUND AND ABOVEGROUND STORAGE [TANKS]
SECTION 2. 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;
(2) require the use of all reasonable methods,
including risk-based corrective action, to implement this policy;
[and]
(3) promote the safety of storage vessels as defined
in Section 26.3442, by adopting requirements for the design,
construction, operation, and maintenance of storage vessels, with
the objective of protecting groundwater and surface water resources
in the event of accidents and natural disasters; and
(4) ensure that intermediate bulk container recycling
facilities, as defined by Section 26.3445, are not located close to
private residences.
SECTION 3. Subchapter I, Chapter 26, Water Code, is amended
by adding Section 26.3445 to read as follows:
Sec. 26.3445. LOCATION OF INTERMEDIATE BULK CONTAINER
RECYCLING FACILITY. (a) In this section:
(1) "Intermediate bulk container" means a rigid or
flexible portable packaging, other than a cylinder or portable
tank, that is designed for mechanical handling, with a volume of at
least 275 gallons.
(2) "Intermediate bulk container recycling facility"
means a site that accepts intermediate bulk containers for purposes
of reconditioning the containers for reuse or disposal.
(b) This section applies only to an intermediate bulk
container regulated by the Pipeline and Hazardous Materials Safety
Administration.
(c) A person may not install or operate an intermediate bulk
container recycling facility within 2,000 feet of a private
residence.
(d) An owner of an intermediate bulk container recycling
facility shall register the facility with the commission not later
than the 30th day before the date the facility begins receiving
intermediate bulk containers.
(e) At least once every three years, the commission shall
conduct on-site inspections of intermediate bulk container
recycling facilities registered under this section to determine
compliance with laws under the jurisdiction of the commission.
(f) The commission by rule shall impose an annual fee for
registering an intermediate bulk container recycling facility
under this section in an amount sufficient to cover the reasonable
costs of administering the registration program, including costs
associated with:
(1) implementing the registration program; and
(2) inspecting registered facilities.
(g) A fee received by the commission under this section
shall be deposited to the general revenue fund to the credit of the
water resource management account. Fees deposited under this
section may be appropriated only for purposes of this section.
(h) A facility is exempt from the application of this
section if the facility does not stage, store, or process more than
50 intermediate bulk containers at any time.
(i) This section does not limit the authority of a
municipality to adopt an ordinance prohibiting the operation of an
intermediate bulk container recycling facility within 2,000 feet of
a private residence.
SECTION 4. Notwithstanding Section 26.3445, Water Code, as
added by this Act, an owner of an intermediate bulk container
recycling facility, as defined by Section 26.3445(a), Water Code,
as added by this Act, that began receiving intermediate bulk
containers before March 1, 2027, is not required to register the
facility before March 31, 2027.
SECTION 5. This Act takes effect September 1, 2025.