HBA-MPA, KSM H.B. 473 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 473 By: Dukes Environmental Regulation 2/25/1999 Introduced BACKGROUND AND PURPOSE Currently, the potential for accidents exists when gasoline "tank farms" and other hazardous storage facilities are constructed in close proximity to a residential neighborhood. The locations of these storage facilities pose health risks to nearby residents. H.B. 473 prevents these facilities from being built within five miles of a residential area and prevents the construction of housing within five miles of an existing storage facility, creating a buffer zone to protect residents from possible environmental harm. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter C, Chapter 361, Health and Safety Code, by adding Section 361.1025, as follows: Sec. 361.1025. RESTRICTION ON LOCATION OF CERTAIN STORAGE FACILITIES. Prohibits a person from constructing a hazardous waste or substance storage facility within five miles of a school or place of business or worship existing at the time construction of the facility begins, irrespective of Section 361.102 (Prohibition on Permit for Hazardous Waste Management Facilities Within a Certain Distance of Residence, Church, School, Day Care Center, Park, or Public Drinking Water Supply). Authorizes a court with jurisdiction to prohibit by injunction the violation or threatened violation of this section. Provides for venue in the county where the facility would be located. Authorizes the county attorney or other attorney representing that county or the attorney general to initiate the action. SECTION 2. Amends Chapter 753, Health and Safety Code, by adding Section 753.0041, as follows: Sec. 753.0041. RESTRICTION ON LOCATION OF BULK FUEL STORAGE FACILITY. Prohibits a person from constructing a bulk fuel storage facility for storing gasoline, diesel fuel, aviation fuel, or kerosene in one or more aboveground storage tanks with a total capacity of 500,000 gallons or more, within five miles of a school or place of business or worship existing at the time construction of the facility begins. Authorizes a court with jurisdiction to enjoin by injunction the violation or threatened violation of this section. Provides for venue in the county where the facility would be located. Authorizes the county attorney or other attorney representing the county or the attorney general to initiate the action. SECTION 3. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 4. Emergency clause.