H.B. No. 3866         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.  (a) The change in law made by this Act applies   only to an intermediate bulk container recycling facility, as   defined by Section 26.3445(a), Water Code, as added by this Act,   that begins receiving intermediate bulk containers on or after the   effective date of this Act.          (b)  Subject to Subsection (a) of this section and   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 begins receiving intermediate bulk containers before March 1,   2027, is not required to register the facility before March 31,   2027.          SECTION 5.  The Texas Commission on Environmental Quality is   required to implement this Act only if the legislature appropriates   money specifically for that purpose.  If the legislature does not   appropriate money for that purpose, the commission may, but is not   required to, implement this Act using other appropriations   available to the commission for that purpose.          SECTION 6.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 3866 was passed by the House on May   12, 2025, by the following vote:  Yeas 129, Nays 14, 1 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 3866 on May 29, 2025, by the following vote:  Yeas 126, Nays 10,   1 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 3866 was passed by the Senate, with   amendments, on May 26, 2025, by the following vote:  Yeas 28, Nays   3.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor