Bill Text: TX SB126 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to performance standards for certain aboveground storage tanks.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-03 - Referred to Water, Agriculture, & Rural Affairs [SB126 Detail]

Download: Texas-2021-SB126-Introduced.html
  87R2902 MP-F
 
  By: Johnson S.B. No. 126
 
 
 
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.
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