SRC-CDH H.B. 1239 75(R)    BILL ANALYSIS


Senate Research CenterH.B. 1239
By: Jackson (Brown)
Natural Resources
5-12-97
Engrossed


DIGEST 

The 74th Legislature enacted H.B. 2296, establishing the voluntary cleanup
program under the Texas Natural Resource Conservation Commission
(commission).  Under that program, a person may clean up a contaminated
site, with the approval and oversight of the commission.  When the site
has been remediated to the appropriate cleanup level, the site owner is
provided with a certificate of completion, certifying that the site was
properly remediated.  Future landowners receive a release from state
liability.  The program encourages economic development of remediated
property by ensuring that future landowners are not held responsible for
contamination caused by previous owners.  This bill would revise statutory
language that has caused confusion for program applicants to clarify the
definition of a "responsible party," allow the expenditure of federal
funds for a brownfield program, and amend the time period allowed for
resubmittal of an application.  

PURPOSE

As proposed, S.B. 1225 authorizes the expenditure of federal funds for a
brownfield program, redefines "responsible party," and revises the time
period allowed for resubmittal of an application in the voluntary cleanup
program. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 361.133(b) and (c), Health and Safety Code, to
provide that the fund consists of money collected by the Texas Natural
Resource Conservation Commission (commission) from federal grants received
for the implementation or administration of state voluntary cleanup
programs or federal brownfields initiatives.  Makes conforming changes. 

SECTION 2. Amends Section 361.605(b), Health and Safety Code, to authorize
a person to resubmit an application to participate in the voluntary
cleanup program once without submitting an additional application fee
under certain conditions.  

SECTION 3. Amends Sections 361.609(b)-(d), Health and Safety Code, to
require the certificate of completion to include a legal description of
the site and the name of the site's owner at the time the application to
participate in the voluntary cleanup program was filed.  Deletes a
provision requiring the executive director to file a copy of the
certificate of completion in the real property records of the county in
which the site is located.  Makes a conforming change.   

SECTION 4. Amends Section 361.610, Health and Safety Code, to provide that
a person who is not a responsible party under Section 361.271 or
361.275(g) at the time the person applies to perform a voluntary cleanup
does not become a responsible party solely because the person signs the
application.  Provides that a person who is not a responsible party under
Section  361.271 or 361.275(g) at the time the commission issues a
certificate of completion under Section 361.609 is released, on issuance
of the certificate, from all liability to the state for cleanup of areas
of the site covered by the certificate, except for releases and
consequences that the person causes.  Provides that the release from
liability provided by this section does not apply to a person under
certain conditions. 
Makes conforming changes.
 SECTION 5. (a) Effective date: September 1, 1997.

(b) Authorizes a person to whom notice of rejection of an application is
issued under Section 361.605, Health and Safety Code, before the effective
date of this Act, to resubmit the application once without submitting an
additional application fee if the person resubmits the application not
later than October 15, 1997. 

SECTION 6. Emergency clause.