| |
| |
| |
|
|
AN ACT
|
|
|
relating to the financial responsibility requirements applicable |
|
|
to owners or operators of underground storage tanks. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 26.352, Water Code, is amended by |
|
|
amending Subsections (d), (e), and (f) and adding Subsections |
|
|
(e-1), (e-2), (g), (h), and (i) to read as follows: |
|
|
(d) A [An owner or operator of an underground storage tank
|
|
|
may submit the] registration certificate issued by the commission |
|
|
[to the owner or operator] under Section 26.346: |
|
|
(1) may be submitted by an owner or operator of an |
|
|
underground storage tank [of this code] to the United States |
|
|
Environmental Protection Agency as evidence of the owner's or |
|
|
operator's eligibility for funds for any expense for corrective |
|
|
action incurred for confirmed releases initially discovered and |
|
|
reported to the commission on or before December 22, 1998; and |
|
|
(2) is not acceptable evidence of financial |
|
|
responsibility for: |
|
|
(A) an underground storage tank that contains a |
|
|
petroleum substance other than: |
|
|
(i) a petroleum product; or |
|
|
(ii) spent oil or hydraulic fluid if the |
|
|
tank is located at a vehicle service and fueling facility and is |
|
|
used as part of the operations of that facility; or |
|
|
(B) any expenses for corrective action for |
|
|
confirmed releases initially discovered and reported to the |
|
|
commission after December 22, 1998. |
|
|
(e) An owner or operator of an underground storage tank used |
|
|
for storing petroleum products shall submit annually with the |
|
|
compliance certification form required by Section 26.346 proof that |
|
|
the owner or operator maintains evidence of financial |
|
|
responsibility as required by Subsection (a) [A registration
|
|
|
certificate issued under Section 26.346 is not acceptable evidence
|
|
|
of financial responsibility for:
|
|
|
[(1)
an underground storage tank that contains a
|
|
|
petroleum substance other than:
|
|
|
[(A) a petroleum product; or
|
|
|
[(B)
spent oil or hydraulic fluid if the tank is
|
|
|
located at a vehicle service and fueling facility and is used as
|
|
|
part of the operations of that facility; or
|
|
|
[(2)
any expenses for corrective action for confirmed
|
|
|
releases initially discovered and reported to the commission after
|
|
|
December 22, 1998]. |
|
|
(e-1) An insurance company or other entity that provides |
|
|
insurance coverage or another form of financial assurance to an |
|
|
owner or operator of an underground storage tank for purposes of |
|
|
this section shall notify the commission if the insurance coverage |
|
|
or other financial assurance is canceled or not renewed. The |
|
|
insurance company or other entity shall mail, fax, or e-mail notice |
|
|
not later than the 30th day after the date the coverage terminates. |
|
|
The Texas Department of Insurance shall adopt rules to implement |
|
|
and enforce this subsection. |
|
|
(e-2) The owner or operator of a tank for which insurance |
|
|
coverage or other financial assurance has terminated shall dispose |
|
|
of any regulated substance in the tank at a properly licensed |
|
|
facility not later than the 90th day after the coverage terminates, |
|
|
unless the owner or operator provides the commission proof that the |
|
|
owner or operator maintains evidence of financial responsibility as |
|
|
required under Subsection (a). |
|
|
(f) The commission shall enforce this section and may impose |
|
|
administrative and civil penalties on the owners or operators of |
|
|
underground storage tanks if acceptable evidence of financial |
|
|
responsibility is not maintained. The amount of an administrative |
|
|
or civil penalty imposed under this subsection may not be less than |
|
|
the annual cost, as estimated by the commission, of maintaining the |
|
|
minimum insurance coverage required for the tank as determined |
|
|
under Subsection (c). |
|
|
(g) An owner or operator commits an offense if the owner or |
|
|
operator operates an underground storage tank knowing that |
|
|
acceptable evidence of financial responsibility does not exist and |
|
|
is subject to criminal prosecution as provided by Subchapter F. |
|
|
(h) The commission may seek injunctive relief in the |
|
|
district courts of Travis County to force the temporary or |
|
|
permanent closure of an underground storage tank for which |
|
|
acceptable evidence of financial responsibility is not maintained. |
|
|
(i) The commission may order an owner or operator of an |
|
|
underground storage tank that fails to maintain acceptable evidence |
|
|
of financial responsibility to place the tank out of service in the |
|
|
same manner that the commission may issue such an order under |
|
|
Section 26.3475(e). |
|
|
SECTION 2. Section 26.352(e), Water Code, as amended by |
|
|
this Act, applies only to a compliance certification form submitted |
|
|
to the Texas Commission on Environmental Quality on or after the |
|
|
effective date of this Act. A compliance certification form |
|
|
submitted before the effective date of this Act is governed by the |
|
|
law in effect at the time the form was submitted, and that law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 3. The change in law made by Section 26.352(e-1), |
|
|
Water Code, as added by this Act, applies only to an insurance |
|
|
policy or other form of financial assurance that is terminated on or |
|
|
after January 1, 2008. A policy or other form of financial |
|
|
insurance that is terminated before that date is governed by the law |
|
|
in effect at the time the policy or other financial assurance is |
|
|
terminated, and that law is continued in effect for that purpose. |
|
|
SECTION 4. Section 26.352(f), Water Code, as amended by |
|
|
this Act, and Section 26.352(i), Water Code, as added by this Act, |
|
|
apply only to a failure to maintain evidence of financial |
|
|
responsibility that occurs on or after the effective date of this |
|
|
Act. A failure to maintain evidence of financial responsibility |
|
|
that occurs before the effective date of this Act is governed by the |
|
|
law in effect at the time the failure occurred, and that law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 5. This Act takes effect September 1, 2007. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 1956 was passed by the House on April |
|
|
12, 2007, by the following vote: Yeas 143, Nays 0, 1 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 1956 was passed by the Senate on May |
|
|
9, 2007, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |