Enrolled Bill Summary

            House Bill 1239 amends the Solid Waste Disposal Act relating to the voluntary cleanup program for the remediation of sites contaminated by solid or hazardous waste. The act clarifies the definition of "responsible party," includes federal funds received for federal brownfield initiatives in the hazardous and solid waste remediation fund (Superfund), and amends the period allowed for resubmission of an application to participate in the voluntary cleanup program. House Bill 1239 also allows the Texas Natural Resource Conservation Commission to transfer a site or a portion of a site that is subject to a permit or order into the voluntary cleanup program on dismissal of the permit or order, but stipulates that the administrative penalties paid under the permit or order are nonrefundable.

            The act adds a new section to establish the eligibility of certain persons for release from liability to the state for cleanup of contamination. In addition, the act adds a new section to the Property Redevelopment and Tax Abatement Act to authorize the governing body of an eligible municipality to enter into certain tax abatement agreements.

            The act takes effect September 1, 1997, except for provisions regarding inclusion of certain sites in the voluntary cleanup program and the release from liability provisions, which take effect either on September 1, 1997, or on the date the commission enters into a memorandum of agreement with the United States Environmental Protection Agency authorizing release from liability for certain potentially responsible parties under the voluntary cleanup program.