SB 246 IN

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Became Law

Defines "aboveground storage tank" as a tank or combination of tanks that is at least 90% above the surface of the ground, that has a capacity of more than 1,500 gallons but not more than 20,000 gallons, and that is used for the bulk storage and distribution of motor fuel to retailers or used at an airport. Changes the name of the underground petroleum storage excess liability fund to the "petroleum storage excess liability fund" (ELTF). Changes the name of the underground storage tank financial assurance board to the "petroleum storage tank financial assurance board" (financial assurance board). Transfers, from the state fire marshal and the fire prevention and building safety commission to the department of environmental management (department) and the environmental rules board, the authority to issue certificates for people who install, test, or decommission underground or aboveground storage tanks. Transfers rules concerning the certification program. Authorizes the use of the ELTF to provide a source of money to satisfy liabilities for corrective action involving aboveground storage tanks. Authorizes the use of the ELTF to provide reimbursement of 50% of costs of decommissioning or replacing underground petroleum storage tanks subject to certain conditions, but limits the total amounts that can be paid from the ELTF each year for this purpose. Requires the financial assurance board to adopt: (1) rules concerning this reimbursement program; and (2) rules under which ELTF eligibility and funding may be reopened for a release previously granted "no further action" status by the department. Provides that a subsequent owner of a property on which a restrictive covenant has been placed because of soil or water contamination due to a leaking underground or aboveground storage tank is eligible for reimbursement from the ELTF of remediation expenses if the tank was registered and all annual fees for the tank were paid before the eligible release. Provides that the commissioner of the department (commissioner) may not: (1) issue an order to secure compliance; or (2) proceed in court; to require the owner or operator of an underground storage tank to undertake corrective action with respect to a release of petroleum until the commissioner has received and reviewed the initial site characterization of the site of the release. Provides that, if a quantity of the released petroleum remains or may remain underground at a site, the commissioner is prohibited from: (1) requesting that the owner or operator execute a restrictive covenant applying to the site; (2) making a determination of no further action being required at the site; or (3) approving closure of the site; unless the commissioner has received and reviewed the initial site characterization, but allows the commissioner to require the owner or operator to undertake corrective action at the site before reviewing the initial site characterization in case of a threat to human health or the environment. Establishes requirements for initial site characterizations. Provides that a qualified environmental professional, upon behalf of a tank owner, may request a waiver of the initial site characterization requirements and suggest an alternative procedure. Provides that the fee for the inspection of gasoline or kerosene: (1) applies to "avgas" (aviation fuel used in piston engine powered aircraft) in the same manner and to the same extent as it applies to gasoline; and (2) applies to jet fuel in the same manner and to the same extent as it applies to kerosene. Establishes an aviation fuel account (account) within the ELTF and requires that the inspection fees on avgas and jet fuel be deposited in the account. Provides that the account may be used only for financial responsibility, corrective action, third party indemnification, and administration expenses related to avgas and jet fuel.

• Rick Niemeyer Republican · author
• Mike Gaskill Republican · author
• Harold Slager Republican · sponsor

1. Jan 11, 2023 Authored by Senator Niemeyer · upper
2. Jan 11, 2023 First reading: referred to Committee on Environmental Affairs · upper
3. Feb 7, 2023 Committee report: amend do pass adopted; reassigned to Committee on Appropriations · upper
4. Feb 21, 2023 Senator Gaskill added as second author · upper
5. Feb 23, 2023 Committee report: amend do pass, adopted · upper
6. Feb 27, 2023 Second reading: ordered engrossed · upper
7. Feb 27, 2023 Senator Randolph added as coauthor · upper
8. Feb 28, 2023 Third reading: passed; Roll Call 188: yeas 49, nays 0 · upper
9. Feb 28, 2023 House sponsor: Representative Slager · upper
10. Feb 28, 2023 Cosponsor: Representative Morrison · upper
11. Mar 1, 2023 Referred to the House · upper
12. Mar 6, 2023 First reading: referred to Committee on Environmental Affairs · lower
13. Mar 30, 2023 Committee report: amend do pass, adopted · lower
14. Mar 30, 2023 Referred to the Committee on Ways and Means pursuant to House Rule 127 · lower
15. Apr 6, 2023 Committee report: amend do pass, adopted · lower
16. Apr 10, 2023 Second reading: ordered engrossed · lower
17. Apr 11, 2023 Third reading: passed; Roll Call 385: yeas 94, nays 2 · lower
18. Apr 12, 2023 Returned to the Senate with amendments · lower
19. Apr 17, 2023 Motion to dissent filed · upper
20. Apr 17, 2023 Senate dissented from House amendments · upper
21. Apr 18, 2023 Senate conferees appointed: Niemeyer and Niezgodski · upper
22. Apr 18, 2023 Senate advisors appointed: Yoder and Gaskill · upper
23. Apr 18, 2023 House conferees appointed: Slager and Bauer M · lower
24. Apr 18, 2023 House advisors appointed: Morrison, Payne, Smaltz and Jackson · lower
25. Apr 25, 2023 CCR # 1 filed in the Senate · upper
26. Apr 25, 2023 CCR # 1 filed in the House · lower
27. Apr 25, 2023 Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 502: yeas 85, nays 0 · lower
28. Apr 26, 2023 Conference Committee Report 1: adopted by the Senate; Roll Call 488: yeas 48, nays 0 · upper
29. Apr 28, 2023 Signed by the President of the Senate · upper
30. Apr 28, 2023 Signed by the President Pro Tempore · upper
31. May 1, 2023 Signed by the Speaker · lower
32. May 4, 2023 Public Law 176 · upper
33. May 4, 2023 Signed by the Governor · executive

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Enrolled Senate Bill (S) · Apr 26, 2023 · PDF
• Introduced Senate Bill (S) · Jan 11, 2023 · PDF
• Senate Bill (S) · Feb 7, 2023 · PDF
• Senate Bill (S) · Feb 23, 2023 · PDF
• Senate Bill (H) · Mar 30, 2023 · PDF
• Senate Bill (H) · Apr 6, 2023 · PDF