ACG C.S.H.B. 2705 75(R)    BILL ANALYSIS


ENVIRONMENTAL REGULATION
C.S.H.B. 2705
By: Chisum
4-18-97
Committee Report (Substituted)



BACKGROUND 

 
 The Texas Natural Resource Conservation Commission (TNRCC) administers a
voluntary cleanup program which became effective September 1, 1995.  Under
the program, a person may cleanup a contaminated site with the approval
and oversight of the TNRCC.  When the site has been remediated to the
appropriate cleanup level, the site owner is provided with a Certificate
of Completion and future landowners receive a release from liability to
the state.  The program encourages economic development of remediated
property by insuring that future landowners are not responsible for
contamination caused by previous owners.  Moreover, cleanup of
contaminated sites may be achieved through:  (1) an enforcement order
issued by the TNRCC; (2) federal or state superfund programs; or (3) the
Federal Resource Conservation and Recovery Act (RCRA). Voluntary cleanup
of contaminated sites through the use of private funds can be accomplished
faster and more efficiently than these other methods.  To facilitate
participation in voluntary cleanup, the program needs improvement to
increase further the benefits presently being realized by the state. 
 This bill contemplates the need to negotiate the implementation of the
new provisions of the voluntary cleanup program with the United States
Environmental Protection Agency to insure the retention of existing state
programs. 

PURPOSE

 C.S.H.B. 2705 expands the voluntary cleanup program to allow a narrow
group of past or current owners, who are currently ineligible, to
participate in the program.  Specifically, a landowner who acquired a site
prior to September 1, 1995, who did not cause any contamination at the
site prior to the date they acquired it, would be eligible for release
from liability under limited circumstances. The TNRCC will be afforded
greater flexibility to allow contaminated sites to be part of a voluntary
cleanup program. 

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 361.603, Health & Safety Code, by adding
Subsection (c) which allows TNRCC to transfer a site or a portion of a
site that is subject to a permit or order into the voluntary cleanup
program, but any administrative penalty is nonrefundable. 

SECTION 2.  Adds Section 361.6035 to Subchapter S, Chapter 361, Health &
Safety Code, which allows a person who purchased a site prior to September
1, 1995, to be released from liability to the state upon the issuance of a
Certificate of Completion if prior to purchasing the property the person
was not an operator or generator on the site, and a responsible party,
other than the person released, remains subject to liability to the state
for contamination in existence before the date the certificate is issued.. 

SECTION 3.  Amends Section 361.604(b), Health & Safety Code, to require
that certain additional information be included in an application to
participate in the voluntary cleanup program. 
 
SECTION 4.  Effective date.

SECTION 5.  Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2705 removes provisions in the filed version authorizing
responsible parties to be completely released from liability to the state
for the cleanup of a contaminated site. 

C.S.H.B. 2705 removes from the filed version the provision authorizing the
resubmission of a rejected application. 

C.S.H.B. 2705 removes requirements from the filed version that all
identified persons in an application to participate in a voluntary cleanup
program be relieved from liability. 

C.S.H.B. 2705 removes the provision in the filed version authorizing the
person who undertook the voluntary cleanup and the current owner of the
site to petition the commission to review a determination by the executive
director that a voluntary cleanup program has not been successfully
completed. 

C.S.H.B. 2705 removes the provision from the filed version that precludes
the application of a release from liability to persons changing land use
from the use specified in the certificate of completion if the new use may
result in increased risks to human health or the environment. 

C.S.H.B. 2705 removes the provision in the filed version that precludes
the application of a release from liability to persons disturbing or
modifying the remediation accomplished during the voluntary cleanup in a
manner that may result in increased risks to human health or the
environment.