BILL ANALYSIS S.B. 1619 By: Brown (Howard) May 19, 1995 Committee Report (Amended) BACKGROUND The Texas Natural Resource Conservation Commission estimates that state funds collected from hazardous waste fees, batteries, and motor oil (Fund 550) used to clean up abandoned hazardous waste sites will be inadequate to meet statutorily mandated needs in the second year of the next biennium. It may be possible to incrementally minimize use of the fund by making it easier for the commission to recover certain costs from responsible parties, which would discourage responsible parties from keeping cases in the courts, reduce the burdens on contractors, and thereby lower costs to the state. PURPOSE As proposed, the bill expands the authority of the Texas Natural Resource Conservation Commission regarding its power to enter property and to recover costs associated with remediation activities. The bill is intended to incrementally reduce the demands on Fund 550 by shifting the fee burden to responsible parties. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1 Amends Section 26.014, Water Code (effective until delegation of NPDES permit authority), to entitle members, employees, and agents of the Texas Natural Resource Conservation Commission (commission) to cross any property at any reasonable time for the purpose of inspecting conditions relating to the state's water quality. Entitles members, employees, or agents of the commission and commission contractors to enter or cross public or private property at any reasonable time to investigate or monitor or, if the responsible party is not responsive or there is an immediate danger to public health or the environment, to remove or remediate a condition related to the quality of water in the state. Requires members, employees, commission contractors, or agents who enter or cross private property to observe the establishment's rules. Makes conforming changes. SECTION 2 Amends Section 26.014, Water Code (effective upon delegation of NPDES permit authority), to make conforming changes. SECTION 3 Amends Sections 361.032, Health and Safety Code, as follows: (a) Makes nonsubstantive changes. (b) Grants agents or employees of the commission or local government the right to cross public or private property in the governmental entity's jurisdiction at any reasonable time to inspect conditions concerning solid waste management and control. (c) Grants agents or employees of the commission or commission contractors the right to enter or cross at any reasonable time public or private property to investigate or monitor the release or threatened release of a hazardous substance. (d) Makes conforming changes. (e) Requires commission agents, employees, or contractors acting under this section to observe the establishment's rules. SECTION 4 Amends Section 361.197(b), Health and Safety Code, as follows: (b) Authorizes the state to seek a judgment against noncompliant parties for the cost of the remedial investigation and feasibility study, the remedial design, and the remedial action, minus the amount agreed to be paid or expended by other responsible parties under an order issued under Section 361.185 or 361.188. SECTION 5 Amends Section 104.001, Civil Practice and Remedies Code, to require the state, in a cause of action based on conduct described in Section 104.002, to indemnify for certain damages, costs, and fees a state contractor who signed a waste manifest as required by a state contract. SECTION 6 Amends Section 104.002(b), Civil Practice and Remedies Code, to make the state liable for indemnification under this chapter if the person who signed the industrial solid waste or hazardous waste manifest did not increase or aggravate circumstances of contamination by grossly negligent acts or wilful misconduct. SECTION 7 Emergency clause. Effective upon passage. EXPLANATION OF AMENDMENTS COMMITTEE AMENDMENT NO. 1 This amendment strikes all references in the bill that referred to the authority of the TNRCC or its agents to cross any public or private property for the purpose of investigating or inspecting. SUMMARY OF COMMITTEE ACTION S.B. 1619 was considered by the committee in a formal meeting on May 18, 1995. The bill was left pending. S.B. 1619 was considered by the committee in a formal meeting on May 19, 1995. The committee considered one amendment to the bill. The amendment was adopted without objection. The bill was reported favorably as amended, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 7 ayes, 0 nays, 0 pnv, 2 absent.