Highlights 77th Texas Legislature - Senate

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NATURAL RESOURCES/General
77 th Texas Legislature
Continued Cleanup of Under- and Aboveground Storage Tanks - H.B. 2687
by Representatives Junell and Flores
Senate Sponsor: Senator Duncan
Under current law, a petroleum product delivery fee is assessed on bulk loads of motor fuel and revenue
from this fee is used to fund the petroleum storage tank remediation account (account) and is administered
by the Texas Natural Resource Conservation Commission (TNRCC). The account serves as a statesponsored
insurance fund to reimburse tank owners in the effort to clean up contaminated and leaking
tanks. In 1995, the fee was doubled to pay obligations from the general revenue fund issued when the
account was insolvent. In 1999, the 76th Legislature passed legislation limiting the administrative
expenses of the account, decreased the petroleum product delivery fee on bulk loads of motor fuel, and
provided for the termination of the account by September 1, 2003. There are concerns that the account will
no longer accept new claims for cleanup projects, and further concerns that the remediation projects
eligible for reimbursement for corrective action expenses may not be finished by the 2003 deadline.
Increases incrementally the amount of gross receipts of the petroleum storage tank remediation account
incrementally through 2007 that TNRCC is authorized to spend on expenses associated with the
administration of the account and the groundwater protection cleanup program.
Requires a person performing corrective action, if the release was reported to TNRCC on or before
December 22, 1998, to meet certain deadlines; sets out provisions regarding the failure to comply with such
deadlines; and prohibits the use of account funds to reimburse an owner or operator who misses a
deadline.
Decreases and sets out incremental reductions of fees imposed on the withdrawal of a petroleum product
from a bulk facility.
Modifies the definition of “owner” to include a person who owns an aboveground storage tank.
Texas Natural Resource Conservation Commission (Sunset) - H.B. 2912
by Representative Bosse, et al.
Senate Sponsor: Senator Harris
The Texas Natural Resource Conservation Commission (TNRCC) implements state and federal
environmental regulatory laws for air pollution, water and wastewater operations, and the treatment and
disposal of hazardous and low-level radioactive waste. TNRCC is subject to the Texas Sunset Act and will
be abolished September 1, 2001, unless continued by the legislature. H.B. 2912 continues TNRCC for 12
years, until September 1, 2013. In addition, the bill renames the agency as the Texas Commission on
Environmental Quality, effective January 1, 2004. In its review of TNRCC, the Sunset Advisory
Commission found that the traditional, prescriptive regulatory approach does not adequately resolve
persistent environmental problems. The review also indicated TNRCC lacks tools needed to better support
its environmental protection mission, and that changes are needed to ensure greater public access to the
agency's decision making process. The commission's recommendations would give regulated entities and
all affected groups a greater role in protecting the environment.
Senate Research Center 224