89R11716 ANG-D     By: Landgraf H.B. No. 3866       A BILL TO BE ENTITLED   AN ACT   relating to the installation and ownership of certain outdoor   storage containers; 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 outdoor storage containers, 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 OUTDOOR STORAGE CONTAINERS. (a)   In this section, "outdoor storage container" means a nonvehicular   device that is:                (1)  made of nonearthen materials;                (2)  located on or above the surface of the ground and   not inside a structure;                (3)  located at, or is a part of, a commercial facility,   including a for-hire storage terminal; and                (4)  designed to contain a regulated substance.          (b)  A person may not install or operate an outdoor storage   container in a location 2,000 feet or less from a private residence.          (c)  An owner of an outdoor storage container shall register   the container with the commission not later than the 30th day after   the date the container is installed or the date the owner acquires   an installed container from a previous owner.  An owner of an   outdoor storage container that was installed before September 1,   2025, shall register the container with the commission not later   than March 1, 2026.  An owner of an outdoor storage container   required to register the container as an aboveground storage tank   or a storage vessel under this subchapter is not required to   register the container under this section.          (d)  The commission shall conduct annual on-site inspections   of outdoor storage containers registered under this subchapter to   determine compliance with this section.  This subsection does not   limit the commission's ability to inspect a container under other   state or federal law.          (e)  The commission by rule shall impose a fee for   registering an outdoor storage container under this section in an   amount sufficient to recover the reasonable costs of:                (1)  implementing the registration program; and                (2)  inspecting registered facilities.          (f)  An outdoor storage container is exempt from the   application of this section if the container is:                (1)  a farm or residential tank with a capacity of 1,100   gallons or less used for storing motor fuel for noncommercial   purposes;                (2)  used for storing heating oil for consumptive use   on the premises where stored;                 (3)  a septic tank;                (4)  a surface impoundment, pit, pond, or lagoon;                (5)  a storm water or waste water collection system;                (6)  a flow-through process tank;                (7)  a tank, liquid trap, gathering line, or other   facility used in connection with an activity associated with the   exploration, development, or production of oil, gas, or geothermal   resources, or any other activity regulated by the Railroad   Commission of Texas under Section 91.101, Natural Resources Code;   or                (8)  a transformer or other electrical equipment that   contains a regulated substance and that is used in the transmission   of electricity, to the extent that such a transformer or equipment   is exempted by the United States Environmental Protection Agency   under 40 C.F.R. Part 280.          (g)  This section does not limit the authority of a   municipality to adopt an ordinance prohibiting the installation or   operation of an outdoor storage container in a location more than   2,000 feet from a private residence.          SECTION 4.  Notwithstanding Section 26.3445, Water Code, as   added by this Act, an owner of an outdoor storage container, as   defined by Section 26.3445(a), Water Code, as added by this Act, is   not required to register the container before March 1, 2026.          SECTION 5.  This Act takes effect September 1, 2025.