Bill Text: TX HB942 | 2015-2016 | 84th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the storage of certain hazardous chemicals; transferring enforcement of certain reporting requirements, including the imposition of criminal, civil, and administrative penalties, from the Department of State Health Services to the Texas Commission on Environmental Quality; amending provisions subject to a criminal penalty; reenacting a criminal offense.

Spectrum: Moderate Partisan Bill (Republican 12-3)

Status: (Passed) 2015-06-16 - See remarks for effective date [HB942 Detail]

Download: Texas-2015-HB942-Comm_Sub.html

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By: Kacal, et al. (Senate Sponsor - Birdwell) H.B. No. 942
(In the Senate - Received from the House May 5, 2015;
May 5, 2015, read first time and referred to Committee on Natural
Resources and Economic Development; May 15, 2015, reported
favorably by the following vote: Yeas 10, Nays 0; May 15, 2015,
sent to printer.)
Click here to see the committee vote

A BILL TO BE ENTITLED
AN ACT
relating to the storage of certain hazardous chemicals;
transferring enforcement of certain reporting requirements,
including the imposition of criminal, civil, and administrative
penalties, from the Department of State Health Services to the
Texas Commission on Environmental Quality; amending provisions
subject to a criminal penalty; reenacting a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 63.151, Agriculture Code, is amended by
adding Subdivisions (3), (4), and (5) to read as follows:
(3) "Ammonium nitrate storage facility" means a
facility that stores ammonium nitrate material or ammonium nitrate
to be used in ammonium nitrate material and includes the premises on
which a facility is located.
(4) "Fire marshal" means the state fire marshal or a
local fire marshal, fire chief, or volunteer fire chief having
jurisdiction over the area in which an ammonium nitrate storage
facility is located.
(5) "Operator" means the person who controls the
day-to-day operations of an ammonium nitrate storage facility.
SECTION 2. Subchapter I, Chapter 63, Agriculture Code, is
amended by adding Section 63.158 to read as follows:
Sec. 63.158. FIRE PREVENTION AT AMMONIUM NITRATE STORAGE
FACILITIES. (a) The owner or operator of an ammonium nitrate
storage facility shall, on request, at a reasonable time:
(1) allow a fire marshal to enter the facility to make
a thorough examination of the facility; and
(2) allow the local fire department access to the
facility to perform a pre-fire planning assessment.
(b) A fire marshal who determines the presence of one or
more of the following hazardous conditions that endangers the
safety of a structure or its occupants by promoting or causing fire
or combustion shall notify the owner or operator of the facility of
the need to correct the condition. The hazardous conditions are:
(1) the presence of a flammable substance;
(2) a dangerous or dilapidated wall, ceiling, or other
structural element;
(3) improper electrical components, heating, or other
building services or facilities;
(4) the presence of a dangerous chimney, flue, pipe,
main, or stove, or of dangerous wiring;
(5) the dangerous storage of substances other than
ammonium nitrate or ammonium nitrate material, including storage or
use of hazardous substances; or
(6) inappropriate means of egress, fire protection, or
other fire-related safeguard.
(c) The owner or operator of an ammonium nitrate storage
facility shall:
(1) on request by a fire marshal or the service provide
evidence of compliance with:
(A) Chapter 505 or 507, Health and Safety Code,
as applicable; and
(B) United States Department of Homeland
Security registration requirements;
(2) post National Fire Protection Association 704
warning placards on the outside of the storage area;
(3) store ammonium nitrate or ammonium nitrate
material:
(A) in a fertilizer storage compartment or bin
constructed of wood, metal, or concrete that is protected against
impregnation by the ammonium nitrate or ammonium nitrate material;
and
(B) separately from any non-fertilizer
materials; and
(4) separate ammonium nitrate or ammonium nitrate
material from combustible or flammable material by 30 feet or more.
(d) A fire marshal who identifies the existence of a
hazardous condition under Subsection (b) or a violation of
Subsection (a) or (c) shall notify the service of the condition or
violation.
(e) If notified by a fire marshal of a hazardous condition
under Subsection (b), the service may direct the owner or operator
of the facility to correct the condition.
(f) If notified by the fire marshal of a violation of
Subsection (a) or (c), the service shall:
(1) direct the owner or operator of the facility to
correct the violation as provided by Subsection (g); or
(2) take appropriate enforcement action as authorized
by this chapter.
(g) If directed by the service to correct a hazardous
condition or a violation, an owner or operator shall remedy the
condition or violation before the expiration of a period specified
by the service, which may not exceed 10 days. If the service
determines that the condition or violation has not been remedied
before the expiration of the specified period, the service shall
take appropriate enforcement action as authorized by this chapter.
(h) Section 419.909(b), Government Code, does not apply to
an examination of an ammonium nitrate storage facility by a fire
marshal under this section.
SECTION 3. Section 505.002(b), Health and Safety Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
(b) It is the intent and purpose of this chapter to ensure
that accessibility to information regarding hazardous chemicals is
provided to:
(1) fire departments responsible for dealing with
chemical hazards during an emergency;
(2) local emergency planning committees and other
emergency planning organizations; and
(3) the commission [department] to make the
information available to the public through specific procedures.
SECTION 4. Section 505.004, Health and Safety Code, is
amended by amending Subdivisions (3-a) and (8-a), as added by S.B.
No. 219, Acts of the 84th Legislature, Regular Session, 2015, and
amending Subdivisions (12) and (23) to read as follows:
(3-a) "Commission" ["Commissioner"] means the Texas
Commission on Environmental Quality [commissioner of state health
services].
(8-a) "Executive director" ["Executive commissioner"]
means the executive director of the commission [executive
commissioner of the Health and Human Services Commission].
(12) "Fire chief" means the [elected or paid]
administrative head of a fire department, including a volunteer
fire department.
(23) "Tier two form" means:
(A) a form specified by the commission
[department] under Section 505.006 for listing hazardous chemicals
as required by EPCRA; or
(B) a form accepted by the EPA under EPCRA for
listing hazardous chemicals together with additional information
required by the commission [department] for administering its
functions related to EPCRA.
SECTION 5. Section 505.005(d), Health and Safety Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
(d) The commission [department] shall develop and implement
an outreach program concerning the public's ability to obtain
information under this chapter similar to the outreach program
under Section 502.008.
SECTION 6. Section 505.006, Health and Safety Code, is
amended by amending Subsections (a), (c), and (f), as amended by
S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015,
amending Subsections (e) and (g), and adding Subsections (e-1) and
(e-2) to read as follows:
(a) For the purpose of community right-to-know, a facility
operator covered by this chapter shall compile and maintain a tier
two form that contains information on hazardous chemicals present
in the facility in quantities that meet or exceed thresholds
determined by the EPA in 40 CFR Part 370, or at any other reporting
thresholds as determined by commission [department] rule for
certain highly toxic or extremely hazardous substances.
(c) Each tier two form shall be filed annually with the
commission, along with the appropriate fee, according to the
procedures specified by commission [department] rules. [The
facility operator shall furnish a copy of each tier two form to the
fire chief of the fire department having jurisdiction over the
facility and to the appropriate local emergency planning
committee.]
(e) Except as provided by Section 505.0061(c), a [A]
facility operator shall file the tier two form with the commission
[department] not later than the 90th day after the date on which the
operator begins operation or has a reportable addition, at the
appropriate threshold, of a previously unreported hazardous
chemical or extremely hazardous substance.
(e-1) Except as provided by Section 505.0061(c), a facility
operator shall file an updated tier two form with the commission:
(1) not later than the 90th day after the date on which
the operator has a change in the chemical weight range, as listed in
40 C.F.R. Part 370, of a previously reported hazardous chemical or
extremely hazardous substance; and
(2) as otherwise required by commission rule.
(e-2) A facility operator shall furnish a copy of each tier
two form and updated tier two form filed with the commission under
this section to the fire chief of the fire department having
jurisdiction over the facility and to the appropriate local
emergency planning committee. [The operator shall furnish a copy
of each tier two form to the fire chief of the fire department
having jurisdiction over the facility and to the appropriate local
emergency planning committee.]
(f) A facility operator shall file a safety data sheet with
the commission [department] on the commission's [department's]
request.
(g) The commission [department] shall maintain records of
the tier two forms and other documents filed under this chapter or
EPCRA for at least 30 years.
SECTION 7. Chapter 505, Health and Safety Code, is amended
by adding Section 505.0061 to read as follows:
Sec. 505.0061. REPORTING FOR FACILITIES STORING AMMONIUM
NITRATE USED IN FERTILIZER. (a) In this section, "ammonium
nitrate" and "ammonium nitrate storage facility" have the meanings
assigned by Section 63.151, Agriculture Code.
(b) As soon as practicable but not later than 72 hours after
the commission receives a tier two form reporting the presence of
ammonium nitrate at an ammonium nitrate storage facility, the
commission shall furnish a copy of the form to the state fire
marshal and the Texas Division of Emergency Management. The state
fire marshal shall furnish a copy of the form to the chief of the
fire department having jurisdiction over the facility. The Texas
Division of Emergency Management shall furnish a copy of the form to
the appropriate local emergency planning committee.
(c) The operator of an ammonium nitrate storage facility
shall file:
(1) a tier two form with the commission not later than
72 hours after the operator:
(A) begins operation; or
(B) has a reportable addition, at the appropriate
threshold, of previously unreported ammonium nitrate; and
(2) an updated tier two form not later than 72 hours
after the operator has a change in the chemical weight range, as
listed in 40 C.F.R. Part 370, of previously reported ammonium
nitrate.
SECTION 8. Sections 505.007(c) and (d), Health and Safety
Code, are amended to read as follows:
(c) Any facility that has received five requests under
Subsection (a) in a calendar month, four requests in a calendar
month for two or more months in a row, or more than 10 requests in a
year may elect to furnish the material to the commission
[department].
(d) Any facility electing to furnish the material to the
commission [department] under Subsection (c) may during that same
filing period inform persons making requests under Subsection (a)
of the availability of the information at the commission
[department] and refer the request to the commission [department]
for that filing period. The notice to persons making requests shall
state the address of the commission [department] and shall be
mailed within seven days of the date of receipt of the request, if
by mail, and at the time of the request if in person.
SECTION 9. Section 505.008(b), Health and Safety Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
(b) A facility operator, on request, shall give the fire
chief or the local emergency planning committee such additional
information on types and amounts of hazardous chemicals present at
a facility as the requestor may need for emergency planning
purposes. A facility operator, on request, shall give the
executive director [commissioner], the fire chief, or the local
emergency planning committee a copy of the SDS for any chemical on
the tier two form furnished under Section 505.006 or for any
chemical present at the facility.
SECTION 10. Section 505.009, Health and Safety Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
Sec. 505.009. COMPLAINTS AND INVESTIGATIONS. On
presentation of appropriate credentials, a commission [department]
representative may enter a facility at reasonable times to inspect
and investigate complaints.
SECTION 11. Section 505.016, Health and Safety Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
Sec. 505.016. RULES; FEES. (a) The commission [executive
commissioner] may adopt rules and administrative procedures
reasonably necessary to carry out the purposes of this chapter.
(b) The commission [executive commissioner] by rule may
authorize the collection of annual fees from facility operators for
the filing of tier two forms required by this chapter. Except as
provided by Subsection (d), fees may be used only to fund activities
under this chapter. The fee for facilities may not exceed:
(1) $100 for each required submission having no more
than 25 hazardous chemicals or hazardous chemical categories;
(2) $200 for each required submission having no more
than 50 hazardous chemicals or hazardous chemical categories;
(3) $300 for each required submission having no more
than 75 hazardous chemicals or hazardous chemical categories;
(4) $400 for each required submission having no more
than 100 hazardous chemicals or hazardous chemical categories; or
(5) $500 for each required submission having more than
100 hazardous chemicals or chemical categories.
(c) To minimize the fees, the commission [executive
commissioner] by rule shall provide for consolidated filings of
multiple tier two forms for facility operators covered by
Subsection (b) if each of the tier two forms contains fewer than 25
items.
(d) The commission [department] may use up to 20 percent of
the fees collected under this section as grants to local emergency
planning committees to assist them to fulfill their
responsibilities under EPCRA. An amount not to exceed [The
department may use up to] 15 percent of the fees collected under
this chapter and Chapter 506, or 15 percent of the amount of fees
paid by the state and its political subdivisions under Chapter 506,
whichever is greater, may be used by the Department of State Health
Services to administer Chapter 502.
SECTION 12. Chapter 505, Health and Safety Code, is amended
by adding Section 505.018 to read as follows:
Sec. 505.018. ENFORCEMENT. (a) A facility operator may not
violate this chapter, commission rules adopted under this chapter,
or an order issued under this chapter.
(b) The commission may enforce this chapter under Chapter 7,
Water Code, including by issuing an administrative order that
assesses a penalty or orders a corrective action.
SECTION 13. Section 506.002(b), Health and Safety Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
(b) It is the intent and purpose of this chapter to ensure
that accessibility to information regarding hazardous chemicals
[chemical] is provided to:
(1) fire departments responsible for dealing with
chemical hazards during an emergency;
(2) local emergency planning committees and other
emergency planning organizations; and
(3) the commission [department] to make the
information available to the public through specific procedures.
SECTION 14. Section 506.004, Health and Safety Code, is
amended by amending Subdivisions (3-a) and (8-a), as added by S.B.
No. 219, Acts of the 84th Legislature, Regular Session, 2015, and
amending Subdivisions (12) and (24) to read as follows:
(3-a) "Commission" ["Commissioner"] means the Texas
Commission on Environmental Quality [commissioner of state health
services].
(8-a) "Executive director" ["Executive commissioner"]
means the executive director of the commission [executive
commissioner of the Health and Human Services Commission].
(12) "Fire chief" means the [elected or paid]
administrative head of a fire department, including a volunteer
fire department.
(24) "Tier two form" means:
(A) a form specified by the commission
[department] under Section 506.006 for listing hazardous chemicals
as required by EPCRA; or
(B) a form accepted by the EPA under EPCRA for
listing hazardous chemicals together with additional information
required by the commission [department] for administering its
functions related to EPCRA.
SECTION 15. Section 506.005(d), Health and Safety Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
(d) The commission [department] shall develop and implement
an outreach program concerning the public's ability to obtain
information under this chapter similar to the outreach program
under Section 502.008.
SECTION 16. Section 506.006, Health and Safety Code, is
amended by amending Subsections (a), (c), and (e), as amended by
S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015,
amending Subsections (d) and (f), and adding Subsections (d-1) and
(d-2) to read as follows:
(a) For the purpose of community right-to-know, a facility
operator covered by this chapter shall compile and maintain a tier
two form that contains information on hazardous chemicals present
in the facility in quantities that meet or exceed thresholds
determined by the EPA in 40 CFR Part 370, or at any other reporting
thresholds as determined by commission [department] rule for
certain highly toxic or extremely hazardous substances.
(c) Each tier two form shall be filed annually with the
commission, along with the appropriate fee, according to the
procedures specified by commission [department] rules. [The
facility operator shall furnish a copy of each tier two form to the
fire chief of the fire department having jurisdiction over the
facility and to the appropriate local emergency planning
committee.]
(d) A facility operator shall file the tier two form with
the commission [department] not later than the 90th day after the
date on which the operator begins operation or has a reportable
addition, at the appropriate threshold, of a previously unreported
hazardous chemical or extremely hazardous substance, but a fee may
not be associated with filing this report.
(d-1) A facility operator shall file an updated tier two
form with the commission:
(1) not later than the 90th day after the date on which
the operator has a change in the chemical weight range, as listed in
40 C.F.R. Part 370, of a previously reported hazardous chemical or
extremely hazardous substance; and
(2) as otherwise required by commission rule.
(d-2) A facility operator shall furnish a copy of each tier
two form and updated tier two form filed with the commission under
this section to the fire chief of the fire department having
jurisdiction over the facility and to the appropriate local
emergency planning committee. [The operator shall furnish a copy
of each tier two form to the fire chief of the fire department
having jurisdiction over the facility and to the appropriate local
emergency planning committee.]
(e) A facility operator shall file a safety data sheet with
the commission [department] on the commission's [department's]
request.
(f) The commission [department] shall maintain records of
the tier two forms and other documents filed under this chapter or
EPCRA for at least 30 years.
SECTION 17. Sections 506.007(c) and (d), Health and Safety
Code, are amended to read as follows:
(c) Any facility that has received five requests under
Subsection (a) in a calendar month, four requests in a calendar
month for two or more months in a row, or more than 10 requests in a
year may elect to furnish the material to the commission
[department].
(d) Any facility electing to furnish the material to the
commission [department] under Subsection (c) may during that same
filing period inform persons making requests under Subsection (a)
of the availability of the information at the commission
[department] and refer the request to the commission [department]
for that filing period. The notice to persons making requests shall
state the address of the commission [department] and shall be
mailed within seven days of the date of receipt of the request, if
by mail, and at the time of the request if in person.
SECTION 18. Section 506.008(b), Health and Safety Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
(b) A facility operator, on request, shall give the fire
chief or the local emergency planning committee such additional
information on types and amounts of hazardous chemicals present at
a facility as the requestor may need for emergency planning
purposes. A facility operator, on request, shall give the
executive director [commissioner], the fire chief, or the local
emergency planning committee a copy of the SDS for any chemical on
the tier two form furnished under Section 506.006 or for any
chemical present at the facility.
SECTION 19. Section 506.009, Health and Safety Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
Sec. 506.009. COMPLAINTS AND INVESTIGATIONS. On
presentation of appropriate credentials, a commission [department]
representative may enter a facility at reasonable times to inspect
and investigate complaints.
SECTION 20. Section 506.017, Health and Safety Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
Sec. 506.017. RULES; FEES. (a) The commission [executive
commissioner] may adopt rules and administrative procedures
reasonably necessary to carry out the purposes of this chapter.
(b) The commission [executive commissioner] by rule may
authorize the collection of annual fees from facility operators for
the filing of tier two forms required by this chapter. The fee may
not exceed:
(1) $50 for each required submission having no more
than 75 hazardous chemicals or hazardous chemical categories; or
(2) $100 for each required submission having more than
75 hazardous chemicals or chemical categories.
(c) To minimize the fees, the commission [executive
commissioner] by rule shall provide for consolidated filings of
multiple tier two forms for facility operators covered by
Subsection (b) if each of the tier two forms contains fewer than 25
items.
(d) The commission may use up to 20 percent of the fees
collected under this section as grants to local emergency planning
committees to assist them to fulfill their responsibilities under
EPCRA. An amount not to exceed [The department may use up to] 15
percent of the fees collected under Chapter 505 and this chapter, or
15 percent of the amount of fees paid by the state and its political
subdivisions under this chapter, whichever is greater, may be used
by the Department of State Health Services to administer Chapter
502.
SECTION 21. Chapter 506, Health and Safety Code, is amended
by adding Section 506.018 to read as follows:
Sec. 506.018. ENFORCEMENT. (a) A facility operator may not
violate this chapter, commission rules adopted under this chapter,
or an order issued under this chapter.
(b) The commission may enforce this chapter under Chapter 7,
Water Code, including by issuing an administrative order that
assesses a penalty or orders a corrective action.
SECTION 22. Section 507.002(b), Health and Safety Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
(b) It is the intent and purpose of this chapter to ensure
that accessibility to information regarding hazardous chemicals is
provided to:
(1) fire departments responsible for dealing with
chemical hazards during an emergency;
(2) local emergency planning committees and other
emergency planning organizations; and
(3) the commission [department] to make the
information available to the public through specific procedures.
SECTION 23. Section 507.003, Health and Safety Code, is
amended to read as follows:
Sec. 507.003. FEDERAL LAWS AND REGULATIONS. (a) In this
chapter, a reference to a federal law or regulation means a
reference to the most current version of that law or regulation.
(b) In this chapter, a reference to the North American
Industry Classification System (NAICS) means a reference to the
most current version of that system.
SECTION 24. Section 507.004, Health and Safety Code, is
amended by amending Subdivisions (3-a) and (8-a), as added by S.B.
No. 219, Acts of the 84th Legislature, Regular Session, 2015, and
amending Subdivisions (10), (12), and (23) to read as follows:
(3-a) "Commission" ["Commissioner"] means the Texas
Commission on Environmental Quality [commissioner of state health
services].
(8-a) "Executive director" ["Executive commissioner"]
means the executive director of the commission [executive
commissioner of the Health and Human Services Commission].
(10) "Facility" means all buildings, equipment,
structures, and other stationary items that are located on a single
site or on contiguous or adjacent sites and that are owned or
operated by the same person or by any person who controls, is
controlled by, or is under common control with that person, and that
is in North American Industry Classification System (NAICS) Codes
11-23 or Codes 42-92. The term does not include a facility subject
to Chapter [505 or] 506.
(12) "Fire chief" means the [elected or paid]
administrative head of a fire department, including a volunteer
fire department.
(23) "Tier two form" means:
(A) a form specified by the commission
[department] under Section 507.006 for listing hazardous chemicals
as required by EPCRA; or
(B) a form accepted by the EPA under EPCRA for
listing hazardous chemicals together with additional information
required by the commission [department] for administering its
functions related to EPCRA.
SECTION 25. Section 507.005, Health and Safety Code, is
amended by amending Subsection (a) and amending Subsection (d), as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, to read as follows:
(a) Facility operators whose facilities are in North
American Industry Classification System (NAICS) Codes 11-23 or
NAICS Codes 42-92 and who are not subject to Chapter [505 or] 506
shall comply with this chapter.
(d) The commission [department] shall develop and implement
an outreach program concerning the public's ability to obtain
information under this chapter similar to the outreach program
under Section 502.008.
SECTION 26. Section 507.006, Health and Safety Code, is
amended by amending Subsections (a), (c), and (f), as amended by
S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015,
amending Subsections (e) and (g), and adding Subsections (e-1) and
(e-2) to read as follows:
(a) For the purpose of community right-to-know, a facility
operator covered by this chapter shall compile and maintain a tier
two form that contains information on hazardous chemicals present
in the facility in quantities that meet or exceed thresholds
determined by the EPA in 40 CFR Part 370, or at any other reporting
thresholds as determined by commission [department] rule for
certain highly toxic or extremely hazardous substances.
(c) Each tier two form shall be filed annually with the
commission, along with the appropriate fee, according to the
procedures specified by commission [department] rules. [The
facility operator shall furnish a copy of each tier two form to the
fire chief of the fire department having jurisdiction over the
facility and to the appropriate local emergency planning
committee.]
(e) Except as provided by Section 507.0061(c), a [A]
facility operator shall file the tier two form with the commission
[department] not later than the 90th day after the date on which the
operator begins operation or has a reportable addition, at the
appropriate threshold, of a previously unreported hazardous
chemical or extremely hazardous substance.
(e-1) Except as provided by Section 507.0061(c), a facility
operator shall file an updated tier two form with the commission:
(1) not later than the 90th day after the date on which
the operator has a change in the chemical weight range, as listed in
40 C.F.R. Part 370, of a previously reported hazardous chemical or
extremely hazardous substance; and
(2) as otherwise required by commission rule.
(e-2) A facility operator shall furnish a copy of each tier
two form and updated tier two form filed with the commission under
this section to the fire chief of the fire department having
jurisdiction over the facility and to the appropriate local
emergency planning committee. [The operator shall furnish a copy
of each tier two form to the fire chief of the fire department
having jurisdiction over the facility and to the appropriate local
emergency planning committee.]
(f) A facility operator shall file a safety data sheet with
the commission [department] on the commission's [department's]
request.
(g) The commission [department] shall maintain records of
the tier two forms and other documents filed under this chapter or
EPCRA for at least 30 years.
SECTION 27. Chapter 507, Health and Safety Code, is amended
by adding Section 507.0061 to read as follows:
Sec. 507.0061. REPORTING FOR FACILITIES STORING AMMONIUM
NITRATE USED IN FERTILIZER. (a) In this section, "ammonium
nitrate" and "ammonium nitrate storage facility" have the meanings
assigned by Section 63.151, Agriculture Code.
(b) As soon as practicable but not later than 72 hours after
the commission receives a tier two form reporting the presence of
ammonium nitrate at an ammonium nitrate storage facility, the
commission shall furnish a copy of the form to the state fire
marshal and the Texas Division of Emergency Management. The state
fire marshal shall furnish a copy of the form to the chief of the
fire department having jurisdiction over the facility. The Texas
Division of Emergency Management shall furnish a copy of the form to
the appropriate local emergency planning committee.
(c) The operator of an ammonium nitrate storage facility
shall file:
(1) a tier two form with the commission not later than
72 hours after the operator:
(A) begins operation; or
(B) has a reportable addition, at the appropriate
threshold, of previously unreported ammonium nitrate; and
(2) an updated tier two form with the commission not
later than 72 hours after the operator has a change in the chemical
weight range, as listed in 40 C.F.R. Part 370, of previously
reported ammonium nitrate.
SECTION 28. Section 507.007(b), Health and Safety Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
(b) A facility operator, on request, shall give the fire
chief or the local emergency planning committee such additional
information on types and amounts of hazardous chemicals present at
a facility as the requestor may need for emergency planning
purposes. A facility operator, on request, shall give the
executive director [commissioner], the fire chief, or the local
emergency planning committee a copy of the SDS for any chemical on
the tier two form furnished under Section 507.006 or for any
chemical present at the facility.
SECTION 29. Section 507.008, Health and Safety Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
Sec. 507.008. COMPLAINTS AND INVESTIGATIONS. On
presentation of appropriate credentials, a commission [department]
representative may enter a facility at reasonable times to inspect
and investigate complaints.
SECTION 30. Section 507.013, Health and Safety Code, as
amended by S.B. No. 219, Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
Sec. 507.013. RULES; FEES. (a) The commission [executive
commissioner] may adopt rules and administrative procedures
reasonably necessary to carry out the purposes of this chapter.
(b) The commission [executive commissioner] by rule may
authorize the collection of annual fees from facility operators for
the filing of tier two forms required by this chapter. Except as
provided by Subsection (d), fees may be used only to fund activities
under this chapter. The fee may not exceed:
(1) $50 for each required submission having no more
than 75 hazardous chemicals or hazardous chemical categories; or
(2) $100 for each required submission having more than
75 hazardous chemicals or chemical categories.
(c) To minimize the fees, the commission [executive
commissioner] by rule shall provide for consolidated filings of
multiple tier two forms for facility operators covered by
Subsection (b) if each of the tier two forms contains fewer than 25
items.
(d) The commission [department] may use up to 20 percent of
the fees collected under this section as grants to local emergency
planning committees to assist them to fulfill their
responsibilities under EPCRA.
SECTION 31. Chapter 507, Health and Safety Code, is amended
by adding Section 507.014 to read as follows:
Sec. 507.014. ENFORCEMENT. (a) A facility operator may not
violate this chapter, commission rules adopted under this chapter,
or an order issued under this chapter.
(b) The commission may enforce this chapter under Chapter 7,
Water Code, including by issuing an administrative order that
assesses a penalty or orders a corrective action.
SECTION 32. Section 5.013(a), Water Code, is amended to
read as follows:
(a) The commission has general jurisdiction over:
(1) water and water rights including the issuance of
water rights permits, water rights adjudication, cancellation of
water rights, and enforcement of water rights;
(2) continuing supervision over districts created
under Article III, Sections 52(b)(1) and (2), and Article XVI,
Section 59, of the Texas Constitution;
(3) the state's water quality program including
issuance of permits, enforcement of water quality rules, standards,
orders, and permits, and water quality planning;
(4) the determination of the feasibility of certain
federal projects;
(5) the adoption and enforcement of rules and
performance of other acts relating to the safe construction,
maintenance, and removal of dams;
(6) conduct of the state's hazardous spill prevention
and control program;
(7) the administration of the state's program relating
to inactive hazardous substance, pollutant, and contaminant
disposal facilities;
(8) the administration of a portion of the state's
injection well program;
(9) the administration of the state's programs
involving underground water and water wells and drilled and mined
shafts;
(10) the state's responsibilities relating to regional
waste disposal;
(11) the responsibilities assigned to the commission
by Chapters 361, 363, 382, [and] 401, 505, 506, and 507, Health and
Safety Code; and
(12) any other areas assigned to the commission by
this code and other laws of this state.
SECTION 33. Section 7.052, Water Code, is amended by adding
Subsection (b-4) to read as follows:
(b-4) The amount of the penalty against a facility operator
who violates Chapter 505, Health and Safety Code, or a rule adopted
or order issued under that chapter may not exceed $500 a day for
each day a violation continues with a total not to exceed $5,000 for
each violation. The amount of a penalty against a facility operator
who violates Chapter 506 or 507, Health and Safety Code, or a rule
adopted or order issued under those chapters may not exceed $50 a
day for each day a violation continues with a total not to exceed
$1,000 for each violation.
SECTION 34. Subchapter D, Chapter 7, Water Code, is amended
by adding Section 7.1021 to read as follows:
Sec. 7.1021. MAXIMUM CIVIL PENALTY: VIOLATION OF COMMUNITY
RIGHT-TO-KNOW LAWS. (a) A person who knowingly discloses false
information or negligently fails to disclose a hazard as required
by Chapter 505 or 506, Health and Safety Code, is subject to a civil
penalty of not more than $5,000 for each violation.
(b) This section does not affect any other right of a person
to receive compensation under other law.
SECTION 35. Subchapter E, Chapter 7, Water Code, is amended
by adding Section 7.1851 to read as follows:
Sec. 7.1851. VIOLATIONS RELATING TO COMMUNITY
RIGHT-TO-KNOW LAWS. (a) A person who proximately causes an
occupational disease or injury to an individual by knowingly
disclosing false information or knowingly failing to disclose
hazard information as required by Chapter 505 or 506, Health and
Safety Code, commits an offense punishable by a fine of not more
than $25,000.
(b) This section does not affect any other right of a person
to receive compensation under other law.
SECTION 36. The following provisions of the Health and
Safety Code, including provisions amended by S.B. No. 219, Acts of
the 84th Legislature, Regular Session, 2015, are repealed:
(1) Sections 505.004(2), (5), and (6);
(2) Sections 505.008(c), 505.010, 505.011, 505.012,
505.013, and 505.014;
(3) Sections 506.004(2), (5), and (6);
(4) Sections 506.008(c), 506.010, 506.011, 506.012,
506.013, 506.014, 506.015, and 506.016;
(5) Sections 507.004(2), (5), and (6); and
(6) Sections 507.007(c), 507.009, 507.010, and
507.011.
SECTION 37. (a) On September 1, 2015, the following are
transferred to the Texas Commission on Environmental Quality:
(1) the powers, duties, obligations, and liabilities
of the Department of State Health Services relating to Chapters
505, 506, and 507, Health and Safety Code;
(2) all unobligated and unexpended funds appropriated
to the Department of State Health Services designated for the
administration of Chapters 505, 506, and 507, Health and Safety
Code;
(3) all equipment and property of the Department of
State Health Services used solely or primarily for the
administration of Chapters 505, 506, and 507, Health and Safety
Code;
(4) all files and other records of the Department of
State Health Services kept by the department relating to the
administration of Chapters 505, 506, and 507, Health and Safety
Code; and
(5) employees of the Department of State Health
Services whose duties relate solely or primarily to the
administration of Chapters 505, 506, and 507, Health and Safety
Code.
(b) A rule adopted by the Department of State Health
Services that is in effect immediately before September 1, 2015,
and that relates to Chapters 505, 506, and 507, Health and Safety
Code, is, on September 1, 2015, a rule of the Texas Commission on
Environmental Quality and remains in effect until amended or
repealed by the Texas Commission on Environmental Quality. A
complaint, investigation, enforcement proceeding, or other
proceeding pending before the Department of State Health Services
on September 1, 2015, is continued by that department without
change in status after the effective date of this Act.
(c) The Department of State Health Services may agree with
the Texas Commission on Environmental Quality to transfer any
property of the department to the commission to implement the
transfer required by this Act.
SECTION 38. (a) Except as otherwise provided by Subsection
(b) of this section, this Act takes effect September 1, 2015.
(b) Sections 63.151(3), (4), and (5) and Section 63.158,
Agriculture Code, as added by this Act, take effect immediately if
this Act 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, those sections take effect September 1, 2015.
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