New Mexico 2018 Regular Session Status: Enacted

SB 28 — STORAGE TANK & TANK TESTER COMPLIANCE

Last action — Signed

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 19, 2017. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

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Bill Text

What changed in the latest version

451 added · 621 removed

Plain-language change summary

The updated version of SB 28 strengthens definitions related to environmental regulations by aligning them with federal laws. Specifically, it clarifies what constitutes "above ground storage tanks," "underground storage tanks," and "tank testers." These changes are important because they help ensure that state laws are consistent with national standards, potentially improving safety and regulatory enforcement in the management of hazardous materials.

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SENATE BILL 28 53RD LEGISLATURE - STATEOFNEWMEXICO- SECOND SESSION , 2018 INTRODUCED BY Gay G.
AN ACT RELATING TO THE ENVIRONMENT;
Kernan 6 8 10 AN ACT RELATING TO THE ENVIRONMENT;
AMENDING SECTIONS OF THE HAZARDOUS WASTE ACT AND THE GROUND WATER PROTECTION ACT TO CONFORM THE DEFINITIONS OF "ABOVE GROUND STORAGE TANK", "UNDERGROUND STORAGE TANK" AND "TANK TESTER" TO COMPLY WITH FEDERAL LAW.
AMENDING SECTIONS OF THE HAZARDOUS WASTE ACT AND THE GROUND WATER PROTECTION ACT TO CONFORM THE DEFINITIONS OF "ABOVE GROUND STORAGE TANK", "UNDERGROUND 14 STORAGE TANK" AND "TANK TESTER" TO COMPLY WITH FEDERAL LAW.
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1.
e t 17 SECTION 1.
Section 74-4-3 NMSA 1978 (being Laws 1977, Chapter 313, Section 3, as amended) is amended to read:
Section 74-4-3 NMSA 1978 (being Laws 1977, w l n d 18 Chapter 313, Section 3, as amended) is amended to read:
"74-4-3.
= = 19 "74-4-3.
DEFINITIONS.--As used in the Hazardous Waste Act:
DEFINITIONS.--As used in the Hazardous Waste a l i a e r 20 Act:
A.
a t m m 21 A.
"above ground storage tank" means a single tank or combination of tanks, including underground pipes connected thereto, that are used to contain petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure of sixty degrees Fahrenheit and fourteen and seven-tenths pounds per square inch absolute, and the volume of which is more than ninety percent above the surface of the ground.
"above ground storage tank" means a single tank d r e 22 or combination of tanks, including underground pipes connected c e s k 23 thereto, that are used to contain petroleum, including crude e a n b 24 oil or any fraction thereof that is liquid at standard u [ conditions of temperature and pressure of sixty degrees .209128.1 Fahrenheit and fourteen and seven-tenths pounds per square inch absolute, and the volume of which is more than ninety percent above the surface of the ground.
(2) pipeline facility, including gathering lines, that is regulated under [the federal Natural Gas Pipeline Safety Act of 1968 or the federal Hazardous Liquid Pipeline Safety Act of 1979] 49 U.S.C.
(2) pipeline facility, including gathering SB 28 lines, that is regulated under Chapter 601 of Title 49 of the Page 1 United States Code or that is an intrastate pipeline facility regulated under state laws as provided in Chapter 601 of Title 49 of the United States Code and that is determined by the United States secretary of transportation to be connected to a pipeline, or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline;
601 or that is an intrastate pipeline facility regulated under state laws [comparable to either act ] as provided in 49 U.S.C.
(3) surface impoundment, pit, pond or lagoon;
601 and that is determined by the United States secretary of transportation to be connected to a pipeline, or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline;
(4) storm water or wastewater collection system;
e e 17 (3) surface impoundment, pit, pond or lagoon;
(5) flow-through process tank;
e e n d 18 (4) storm water or wastewater collection = = l ] 19 system;
(6) liquid trap, tank or associated gathering lines or other storage methods or devices related to oil, gas or mining exploration, production, transportation, refining, processing or storage, or to oil field service industry operations;
a l r i 20 (5) flow-through process tank;
(7) tank used for storing heating oil for consumptive use on the premises where stored;
t e a t (6) liquid trap, tank or associated gathering m m 21 e d r e 22 lines or other storage methods or devices related to oil, gas c e r c 23 or mining exploration, production, transportation, refining, e a n b 24 processing or storage, or to oil field service industry u [ operations;
.209128.1 - 2 - (7) tank used for storing heating oil for consumptive use on the premises where stored;
or (9) tanks or related pipelines and facilities owned or used by a refinery, natural gas processing plant or pipeline company in the regular course of [their ] its refining, processing or pipeline business;
or (9) tanks or related pipelines and facilities owned or used by a refinery, natural gas processing plant or pipeline company in the regular course of SB 28 Page 2 its refining, processing or pipeline business;
e e 17 E.
E.
"disposal" means the discharge, deposit, e e n d 18 injection, dumping, spilling, leaking or placing of any solid = = l ] 19 waste or hazardous waste into or on any land or water so that a l r i 20 [such] the solid waste or hazardous waste or constituent t e a t thereof may enter the environment or be emitted into the air or m m 21 e d r e 22 discharged into any waters, including ground waters;
"disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste or hazardous waste into or on any land or water so that the solid waste or hazardous waste or constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters;
c e r c 23 F.
F.
"division" or "department" means the department e a n b 24 of environment;
"division" or "department" means the department of environment;
u [ G.
G.
"federal agency" means any department, agency or .209128.1 - 3 - other instrumentality of the federal government and any independent agency or establishment of that government, including any government corporation and the government [printing] publishing office;
"federal agency" means any department, agency or other instrumentality of the federal government and any independent agency or establishment of that government, including any government corporation and the government publishing office;
"hazardous agricultural waste" means hazardous waste generated as part of the licensed activity by any person licensed pursuant to the Pesticide Control Act or hazardous waste designated as hazardous agricultural waste by the board, but does not include animal excrement in connection with farm, ranch or feedlot operations;
"hazardous agricultural waste" means hazardous SB 28 Page 3 waste generated as part of the licensed activity by any person licensed pursuant to the Pesticide Control Act or hazardous waste designated as hazardous agricultural waste by the board, but does not include animal excrement in connection with farm, ranch or feedlot operations;
"hazardous substance incident" means any emergency incident involving a chemical or chemicals, including [but not limited to ] transportation wrecks, accidental spills or leaks, fires or explosions, which incident creates the e e 17 reasonable probability of injury to human health or property;
"hazardous substance incident" means any emergency incident involving a chemical or chemicals, including transportation wrecks, accidental spills or leaks, fires or explosions, which incident creates the reasonable probability of injury to human health or property;
e e n d 18 K.
K.
"hazardous waste" means any solid waste or = = l ] 19 combination of solid wastes that because of their quantity, a l r i 20 concentration or physical, chemical or infectious t e a t characteristics may:
"hazardous waste" means any solid waste or combination of solid wastes that because of their quantity, concentration or physical, chemical or infectious characteristics may:
m m 21 e d r e 22 (1) cause or significantly contribute to an c e r c 23 increase in mortality or an increase in serious irreversible or e a n b 24 incapacitating reversible illness;
(1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness;
or u [ (2) pose a substantial present or potential .209128.1 - 4 - hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
(a) drilling fluids, produced waters and other wastes associated with the exploration, development or production of crude oil or natural gas or geothermal energy;
(a) drilling fluids, produced waters SB 28 Page 4 and other wastes associated with the exploration, development or production of crude oil or natural gas or geothermal energy;
(f) solid waste from the extraction, e e 17 beneficiation or processing of ores and minerals, including e e n d 18 phosphate rock and overburden from the mining of uranium ore;
(f) solid waste from the extraction, beneficiation or processing of ores and minerals, including phosphate rock and overburden from the mining of uranium ore;
= = l ] 19 or a l r i 20 (g) cement kiln dust waste;
or (g) cement kiln dust waste;
t e a t L.
L.
"manifest" means the form used for identifying m m 21 e d r e 22 the quantity, composition, origin, routing and destination of c e r c 23 hazardous waste during transportation from point of generation e a n b 24 to point of disposal, treatment or storage;
"manifest" means the form used for identifying the quantity, composition, origin, routing and destination of hazardous waste during transportation from point of generation to point of disposal, treatment or storage;
u [ M.
M.
"person" means an individual, trust, firm, joint .209128.1 - 5 - stock company, federal agency, corporation, including a government corporation, partnership, association, state, municipality, commission, political subdivision of a state or any interstate body;
"person" means an individual, trust, firm, joint stock company, federal agency, corporation, including a government corporation, partnership, association, state, municipality, commission, political subdivision of a state or any interstate body;
(1) a substance defined in Section 101(14) of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, but not including a substance regulated as a hazardous waste under Subtitle C of the federal Resource Conservation and Recovery Act of 1976, as amended;
(1) a substance defined in Section 101(14) SB 28 Page 5 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, but not including a substance regulated as a hazardous waste under Subtitle C of the federal Resource Conservation and Recovery Act of 1976, as amended;
"solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or e e 17 air pollution control facility and other discarded material, e e n d 18 including solid, liquid, semisolid or contained gaseous = = l ] 19 material resulting from industrial, commercial, mining and a l r i 20 agricultural operations, and from community activities, but t e a t does not include solid or dissolved materials in domestic m m 21 e d r e 22 sewage or solid or dissolved materials in irrigation return c e r c 23 flows or industrial discharges that are point sources subject e a n b 24 to permits under Section 402 of the Federal Water Pollution u [ Control Act, as amended, 86 Stat.
"solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended, 86 Stat.
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880, or source, special .209128.1 - 6 - nuclear or byproduct material as defined by the federal Atomic Energy Act of 1954, as amended, 68 Stat.
880, or source, special nuclear or byproduct material as defined by the federal Atomic Energy Act of 1954, as amended, 68 Stat.
"storage" means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste;
"storage" means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such SB 28 Page 6 hazardous waste;
[S.] T.
T.
] U.
U.
"treatment" means any method, technique or [T.
"treatment" means any method, technique or process, including neutralization, designed to change the physical, chemical or biological character or composition of a hazardous waste so as to neutralize the waste or so as to render the waste nonhazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.
e e 17 process, including neutralization, designed to change the e e n d 18 physical, chemical or biological character or composition of a = = l ] 19 hazardous waste so as to neutralize the waste or so as to a l r i 20 render the waste nonhazardous, safer for transport, amenable to t e a t recovery, amenable to storage or reduced in volume.
"Treatment" includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous;
m m 21 e d r e 22 "Treatment" includes any activity or processing designed to c e r c 23 change the physical form or chemical composition of hazardous e a n b 24 waste so as to render it nonhazardous;
V.
u [ [U.] V.
"underground storage tank" means a single tank or a combination of tanks, including underground pipes connected thereto, that is used to contain an accumulation of regulated substances and the volume of which, including the volume of the underground pipes connected thereto, is ten percent or more beneath the surface of the ground.
"underground storage tank" means a single .209128.1 - 7 - tank or a combination of tanks, including underground pipes connected thereto, that [are ] is used to contain an accumulation of regulated substances and the volume of which, including the volume of the underground pipes connected thereto, is ten percent or more beneath the surface of the ground.
SB 28 Page 7 "Underground storage tank" does not include any:
"Underground storage tank" does not include any:
(3) pipeline facility, including gathering lines, that is regulated under [the federal Natural Gas Pipeline Safety Act of 1968 or the federal Hazardous Liquid Pipeline Safety Act of 1979] 49 U.S.C.
(3) pipeline facility, including gathering lines, that is regulated under Chapter 601 of Title 49 of the United States Code or that is an intrastate pipeline facility regulated under state laws as provided in Chapter 601 of Title 49 of the United States Code and that is determined by the United States secretary of transportation to be connected to a pipeline, or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline;
601 or that is an intrastate pipeline facility regulated under state laws ] as provided in 49 U.S.C.
(4) surface impoundment, pit, pond or lagoon;
601 and [comparable to either act e e 17 that is determined by the United States secretary of e e n d 18 transportation to be connected to a pipeline, or to be operated = = l ] 19 or intended to be capable of operating at pipeline pressure or a l r i 20 as an integral part of a pipeline;
(5) storm water or wastewater collection system;
t e a t (4) surface impoundment, pit, pond or lagoon;
(6) flow-through process tank;
m m 21 e d r e 22 (5) storm water or wastewater collection c e r c 23 system;
(7) liquid trap, tank or associated gathering lines directly related to oil or gas production and gathering operations;
e a n b 24 (6) flow-through process tank;
(8) storage tank situated in an underground area, such as a basement, cellar, mineworking drift, shaft or tunnel, if the storage tank is situated upon or above the SB 28 Page 8 surface of the undesignated floor;
u [ (7) liquid trap, tank or associated gathering .209128.1 - 8 - lines directly related to oil or gas production and gathering operations;
(8) storage tank situated in an underground area, such as a basement, cellar, mineworking drift, shaft or tunnel, if the storage tank is situated upon or above the surface of the undesignated floor;
and [V.] W.
and W.
"used oil" means any oil that has been refined from crude oil, or any synthetic oil, that has been e e 17 used and as a result of such use is contaminated by physical or e e n d 18 chemical impurities." = = l ] 19 SECTION 2.
"used oil" means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities." SECTION 2.
Section 74-4-4.4 NMSA 1978 (being Laws 1987, a l r i 20 Chapter 179, Section 6, as amended) is amended to read:
Section 74-4-4.4 NMSA 1978 (being Laws 1987, Chapter 179, Section 6, as amended) is amended to read:
t e a t "74-4-4.4.
"74-4-4.4.
STORAGE TANKS--REGISTRATION--INSTALLER m m 21 e d r e 22 CERTIFICATION--TESTER CERTIFICATION --FEES.-- c e r c 23 A.
STORAGE TANKS--REGISTRATION--INSTALLER CERTIFICATION--TESTER CERTIFICATION--FEES.-- A.
By rule, the board shall require an owner of a e a n b 24 storage tank to register the tank with the department and u [ impose reasonable conditions for registration, including the .209128.1 - 9 - submission of plans, specifications and other relevant information relating to the tank.
By rule, the board shall require an owner of a storage tank to register the tank with the department and impose reasonable conditions for registration, including the submission of plans, specifications and other relevant information relating to the tank.
and in the case of a storage tank in use before November 8, 1984 but no longer in use on that date, any person who owned the tank immediately before the discontinuation of its use.
and in SB 28 Page 9 the case of a storage tank in use before November 8, 1984 but no longer in use on that date, any person who owned the tank immediately before the discontinuation of its use.
By rule, the board shall require any person who, e e 17 beginning thirty days after the United States environmental e e n d 18 protection agency administrator prescribes the form of notice = = l ] 19 pursuant to Section 9002(a)(5) of the federal Resource a l r i 20 Conservation and Recovery Act of 1976 and for eighteen months t e a t thereafter, deposits a regulated substance into a storage tank m m 21 e d r e 22 to give notice of the registration requirements of Subsection A c e r c 23 of this section to the owner and operator of the tank.
By rule, the board shall require any person who, beginning thirty days after the United States environmental protection agency administrator prescribes the form of notice pursuant to Section 9002(a)(5) of the federal Resource Conservation and Recovery Act of 1976 and for eighteen months thereafter, deposits a regulated substance into a storage tank to give notice of the registration requirements of Subsection A of this section to the owner and operator of the tank.
e a n b 24 C.
C.
By rule, the board may require tank installers u [ and tank testers to obtain certification from the department .209128.1 - 10 - and develop procedures for certification that will ensure that storage tanks are installed, [and ] repaired and tested in a manner that will not encourage or facilitate leaking.
By rule, the board may require tank installers and tank testers to obtain certification from the department and develop procedures for certification that will ensure that storage tanks are installed, repaired and tested in a manner that will not encourage or facilitate leaking.
If the board requires certification, it is unlawful for a person to ] repair or test a storage tank unless [he] the install, [or person is a certified tank installer or certified tank tester.
If the board requires certification, it is unlawful for a person to SB 28 Page 10 install, repair or test a storage tank unless the person is a certified tank installer or certified tank tester.
In accordance with the Uniform Licensing Act, the department may suspend or revoke the certification for a tank installer or tank tester upon grounds that [he] the person:
In accordance with the Uniform Licensing Act, the department may suspend or revoke the certification for a tank installer or tank tester upon grounds that the person:
(1) exercised fraud, misrepresentation or deception in obtaining [his ] certification;
(1) exercised fraud, misrepresentation or deception in obtaining certification;
(2) exhibited gross incompetence in the installation, [or ] repair or testing of a storage tank;
(2) exhibited gross incompetence in the installation, repair or testing of a storage tank;
or (3) was derelict in the performance of a duty as a certified tank installer or certified tank tester .
or (3) was derelict in the performance of a duty as a certified tank installer or certified tank tester.
By rule, the board shall provide a schedule of e e 17 fees sufficient to defray the reasonable and necessary costs e e n d 18 of:
By rule, the board shall provide a schedule of fees sufficient to defray the reasonable and necessary costs of:
= = l ] 19 (1) reviewing and acting upon applications for a l r i 20 the registration of storage tanks;
(1) reviewing and acting upon applications for the registration of storage tanks;
t e a t (2) reviewing and acting upon applications for m m 21 e d r e 22 the certification of tank installers and certification of tank c e r c 23 testers;
(2) reviewing and acting upon applications for the certification of tank installers and certification of tank testers;
and e a n b 24 (3) implementing and enforcing any provision u [ of the Hazardous Waste Act applicable to storage tanks, [and ] .209128.1 - 11 - tank installers and tank testers , including standards for the installation, operation and maintenance of storage tanks and for the certification of tank installers and tank testers ." SECTION 3.
and (3) implementing and enforcing any provision of the Hazardous Waste Act applicable to storage tanks, tank installers and tank testers, including standards for the installation, operation and maintenance of storage tanks and for the certification of tank installers and tank testers." SECTION 3.
Section 74-6B-3 NMSA 1978 (being Laws 1990, Chapter 124, Section 3, as amended) is amended to read:
Section 74-6B-3 NMSA 1978 (being Laws 1990, SB 28 Page 11 Chapter 124, Section 3, as amended) is amended to read:
"above ground storage tank" means a single tank or a combination of tanks, including underground pipes connected thereto, that [are ] is used to contain petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure of sixty degrees Fahrenheit and fourteen and seven-tenths pounds per square inch absolute, and the volume of which is more than ninety percent above the surface of the ground.
"above ground storage tank" means a single tank or a combination of tanks, including underground pipes connected thereto, that is used to contain petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure of sixty degrees Fahrenheit and fourteen and seven-tenths pounds per square inch absolute, and the volume of which is more than ninety percent above the surface of the ground.
e e 17 (1) farm, ranch or residential tank used for e e n d 18 storing motor fuel for noncommercial purposes;
(1) farm, ranch or residential tank used for storing motor fuel for noncommercial purposes;
= = l ] 19 (2) pipeline facility, including gathering a l r i 20 lines, that [are ] is regulated under [the federal Natural Gas t e a t Pipeline Safety Act of 1968 or the federal Hazardous Liquid m m 21 e d r e 22 Pipeline Safety Act of 1979] 49 U.S.C.
(2) pipeline facility, including gathering lines, that is regulated under Chapter 601 of Title 49 of the United States Code or that is an intrastate pipeline facility regulated under state laws as provided in Chapter 601 of Title 49 of the United States Code and that is determined by the United States secretary of transportation to be connected to a pipeline, or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline;
601 or that is an c e r c 23 intrastate pipeline facility regulated under state laws e a n b 24 [comparable to either act ] as provided in 49 U.S.C.
601 and u [ that is determined by the United States secretary of .209128.1 - 12 - transportation to be connected to a pipeline, or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline;
(4) storm water or wastewater collection system;
SB 28 Page 12 (4) storm water or wastewater collection system;
or e e 17 (9) tanks or related pipelines and facilities e e n d 18 owned or used by a refinery, natural gas processing plant or = = l ] 19 pipeline company in the regular course of [their ] its refining, a l r i 20 processing or pipeline business;
or (9) tanks or related pipelines and facilities owned or used by a refinery, natural gas processing plant or pipeline company in the regular course of its refining, processing or pipeline business;
t e a t B.
B.
"board" means the environmental improvement m m 21 e d r e 22 board;
"board" means the environmental improvement board;
c e r c 23 C.
C.
"corrective action" means an action taken in e a n b 24 accordance with rules of the board to investigate, minimize, u [ eliminate or clean up a release to protect the public health, .209128.1 - 13 - safety and welfare or the environment;
"corrective action" means an action taken in accordance with rules of the board to investigate, minimize, eliminate or clean up a release to protect the public health, safety and welfare or the environment;
E.
SB 28 Page 13 E.
and e e 17 (2) excludes, for purposes of tank e e n d 18 registration requirements only, a person who:
and (2) excludes, for purposes of tank registration requirements only, a person who:
= = l ] 19 (a) had an underground storage tank a l r i 20 taken out of operation on or before January 1, 1974;
(a) had an underground storage tank taken out of operation on or before January 1, 1974;
t e a t (b) had an underground storage tank m m 21 e d r e 22 taken out of operation after January 1, 1974 and removed from c e r c 23 the ground prior to November 8, 1984;
(b) had an underground storage tank taken out of operation after January 1, 1974 and removed from the ground prior to November 8, 1984;
or e a n b 24 (c) had an above ground storage tank u [ taken out of operation on or before July 1, 2001;
or (c) had an above ground storage tank taken out of operation on or before July 1, 2001;
.209128.1 - 14 - G.
G.
(1) a substance defined in Section 101(14) of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, but not including a substance regulated as a hazardous waste under Subtitle C of the federal Resource Conservation and Recovery Act of 1976;
SB 28 Page 14 (1) a substance defined in Section 101(14) of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, but not including a substance regulated as a hazardous waste under Subtitle C of the federal Resource Conservation and Recovery Act of 1976;
e e 17 J.
J.
e e n d 18 K.
K.
"site" means a place where there is or was at a = = l ] 19 previous time one or more storage tanks and may include areas a l r i 20 contiguous to the actual location or previous location of the t e a t tanks;
"site" means a place where there is or was at a previous time one or more storage tanks and may include areas contiguous to the actual location or previous location of the tanks;
m m 21 e d r e 22 L.
L.
"storage tank" means an above ground storage c e r c 23 tank or an underground storage tank;
"storage tank" means an above ground storage tank or an underground storage tank;
and e a n b 24 M.
and M.
"underground storage tank" means a single tank u [ or a combination of tanks, including underground pipes .209128.1 - 15 - connected thereto, that [are ] is used to contain an accumulation of regulated substances and the volume of which, including the volume of the underground pipes connected thereto, is ten percent or more beneath the surface of the ground.
"underground storage tank" means a single tank or a combination of tanks, including underground pipes connected thereto, that is used to contain an accumulation of regulated substances and the volume of which, including the SB 28 Page 15 volume of the underground pipes connected thereto, is ten percent or more beneath the surface of the ground.
(3) pipeline facility, including gathering lines, that is regulated under [the federal Natural Gas Pipeline Safety Act of 1968 or the federal Hazardous Liquid Pipeline Safety Act of 1979] 49 U.S.C.
(3) pipeline facility, including gathering lines, that is regulated under Chapter 601 of Title 49 of the United States Code or that is an intrastate pipeline facility regulated under state laws as provided in Chapter 601 of Title 49 of the United States Code and that is determined by the United States secretary of transportation to be connected to a pipeline, or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline;
601 or that is an intrastate pipeline facility regulated under state laws [comparable to either act ] as provided in 49 U.S.C.
(4) surface impoundment, pit, pond or lagoon;
601 and that is determined by the United States secretary of e e 17 transportation to be connected to a pipeline, or to be operated e e n d 18 or intended to be capable of operating at pipeline pressure or = = l ] 19 as an integral part of a pipeline;
(5) storm water or wastewater collection system;
a l r i 20 (4) surface impoundment, pit, pond or lagoon;
(6) flow-through process tank;
t e a t (5) storm water or wastewater collection m m 21 e d r e 22 system;
(7) liquid trap, tank or associated gathering lines directly related to oil or gas production and gathering operations;
c e r c 23 (6) flow-through process tank;
(8) storage tank situated in an underground SB 28 Page 16 area, such as a basement, cellar, mineworking drift, shaft or tunnel, if the storage tank is situated upon or above the surface of the undesignated floor;
e a n b 24 (7) liquid trap, tank or associated gathering u [ lines directly related to oil or gas production and gathering .209128.1 - 16 - operations;
(8) storage tank situated in an underground area, such as a basement, cellar, mineworking drift, shaft or tunnel, if the storage tank is situated upon or above the surface of the undesignated floor;
or (11) pipes connected to any tank that is described in Paragraphs (1) through (10) of this subsection." - 17 - 15 e e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .209128.1
or (11) pipes connected to any tank that is described in Paragraphs (1) through (10) of this subsection." SB 28 Page 17 25
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Action History

  1. Signed

  2. passed House

  3. DO PASS committee report adopted

  4. Sent to House Energy, Environment and Natural Resources Committee

  5. passed Senate

  6. DO PASS committee report adopted

  7. DO PASS, as amended, committee report adopted

  8. germane

  9. Sent to Senate Committees' Committee & Senate Conservation Committee & Senate Judiciary Committee

  10. Sent to Senate Pre-file

Sponsors

  • Gay G. Kernan · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 111 not signed on

Sponsors (1)

  • Kernan, Gay G.

Co-sponsors (0)

None.

Not signed on (111)

111 members have not signed on to this bill.

Show all 111 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

house passage

Passed 66 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 38003
Democrat 17001
Republican 11000
Total 66004
% of votes cast 94%0%0%6%
How each member voted (70)
Member Party Vote
Rehm — Yea
Smith — Yea
Salazar, Nick — Yea
Salazar, Tomás — Yea
Gonzales — Yea
Maestas Barnes — Yea
Garcia Richard — Yea
Martmnez, Javier — Yea
Garcma, M.P. — Not Voting
Adkins — Yea
Alcon — Yea
Baldonado — Yea
Bandy — Yea
Chasey — Yea
Clahchischilliage — Yea
Cook — Not Voting
Crowder — Yea
Dines — Yea
Dodge — Yea
Egolf — Yea
Ely — Yea
Fajardo — Yea
Gentry — Yea
Gomez — Yea
Harper — Yea
Herrell — Yea
Larrañaga — Yea
Lewis — Yea
Louis — Not Voting
McCamley — Yea
Nibert — Yea
Powdrell-Culbert — Yea
Roch — Yea
Rodella — Yea
Romero — Yea
Ruiloba — Yea
Stapleton — Yea
Strickler — Yea
Sweetser — Yea
Wooley — Yea
Youngblood — Yea
Angelica Rubio Democrat Yea
Antonio Maestas Democrat Yea
Charlotte Little Democrat Yea
D. Wonda Johnson Democrat Yea
Debra M. Sariñana Democrat Yea
Derrick J. Lente Democrat Yea
Doreen Y. Gallegos Democrat Yea
Elizabeth "Liz" Thomson Democrat Yea
Joanne J. Ferrary Democrat Yea
Linda M. Trujillo Democrat Yea
Linda M. Trujillo Democrat Yea
Linda M. Trujillo Democrat Yea
Linda M. Trujillo Democrat Yea
Martha Garcia Democrat Yea
Matthew McQueen Democrat Yea
Nathan P. Small Democrat Yea
Patricia A. Lundstrom Democrat Yea
Patricia Roybal Caballero Democrat Not Voting
Alan T. Martinez Republican Yea
Candy Spence Ezzell Republican Yea
Cathrynn N. Brown Republican Yea
David M. Gallegos Republican Yea
Gail Armstrong Republican Yea
Gail Armstrong Republican Yea
James G. Townsend Republican Yea
Larry R. Scott Republican Yea
Rebecca Dow Republican Yea
Rod Montoya Republican Yea
William A. Hall II Republican Yea

Official roll call →

senate passage

Passed 40 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 12000
Unaffiliated 23002
Republican 5000
Total 40002
% of votes cast 95%0%0%5%
How each member voted (42)
Member Party Vote
McSORLEY — Yea
BURT — Yea
PAPEN — Yea
KERNAN — Yea
INGLE — Yea
SAPIEN — Yea
O'NEILL — Yea
GOULD — Yea
RUE — Yea
PIRTLE — Yea
MOORES — Yea
WHITE — Yea
PAYNE — Yea
LEAVELL — Yea
SMITH — Yea
NEVILLE — Yea
IVEY-SOTO — Yea
GRIGGS — Yea
SANCHEZ — Yea
CISNEROS — Yea
RODRIGUEZ — Yea
TALLMAN — Yea
CANDELARIA — Not Voting
MORALES — Not Voting
ORTIZ y PINO — Yea
Antoinette Sedillo Lopez Democrat Yea
Benny Shendo, Jr. Democrat Yea
Elizabeth "Liz" Stefanics Democrat Yea
George K. Muñoz Democrat Yea
Jeff Steinborn Democrat Yea
Joseph Cervantes Democrat Yea
Michael Padilla Democrat Yea
Mimi Stewart Democrat Yea
Pete Campos Democrat Yea
Peter Wirth Democrat Yea
Shannon D. Pinto Democrat Yea
William P. Soules Democrat Yea
Alan T. Martinez Republican Yea
Brian G. Baca Republican Yea
Craig W. Brandt Republican Yea
Pat Woods Republican Yea
William E. Sharer Republican Yea

Official roll call →

Subjects

environment energy
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Frequently asked questions

Who sponsors SB 28?
SB 28 is sponsored by Kernan, Gay G..
What is the current status of SB 28?
This bill has been enacted into law. Introduced December 19, 2017. Enacted.
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