SRC-MAX, MAX C.S.H.B. 2705 75(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 2705
By: Chisum (Brown)
Natural Resources
5-17-97
Committee Report (Substituted)


DIGEST 

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. This bill sets forth provisions
regarding  the program for the voluntary cleanup of contaminants. 

PURPOSE

As proposed, C.S.H.B. 2705 sets forth provisions regarding  the program
for the voluntary cleanup of contaminants. 

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 Section 361.603, Health and Safety Code, by adding
Subsection (c), to provide that a site or portion of a site that is
subject to the Texas Natural Resource Conservation Commission (commission)
permit or order is eligible for participation in the voluntary cleanup
program on dismissal of the permit or order.  Provides that an
administrative penalty paid to the general revenue fund under the permit
or order is nonrefundable.  

SECTION 2. Amends Chapter 361S, Health and Safety Code, as added by
Chapter 986m Acts of the 74th legislature, Regular Session, 1995, by
adding Section 361.6035, as follows: 

Sec.  361.6035.  ELIGIBILITY OF CERTAIN PERSONS FOR RELEASE FROM
LIABILITY.  Provides that a person who purchased a site before September
1, 1995, is released, on certification under Section 361.609, from all
liability to the state for cleanup of contamination that was released at
the site covered by the certificate before the purchase date, except for
releases for consequences that the person contributed to or caused under
certain conditions.  Sets forth provisions regarding the liability of a
person described by Subsection (a)(2). 

SECTION 3. Amends Section 361.604(b), Health and Safety Code, to require
an application submitted under this section to contain general information
concerning whether the voluntary cleanup is subject to Section 361.6035.   

SECTION 4. Effective date: September 1, 1997, or the date the commission
enters into a memorandum of agreement with the United States Environmental
Protection Agency, Region 6, authorizing certain provisions. 

SECTION 5. Emergency clause

 SUMMARY OF COMMITTEE CHANGES

SECTION 2. 

Amends Section 361.6035, Chapter 361S, Health and Safety Code, to provide
that a person described by Subsection (a)(2) is not liable to the state
for any contamination that was released at the site after the date the
certificate is issued unless the person: contributed to or caused the
release of contamination; or changed the land use from the use of
specified in the certificate of completion if the new use may result in
increased risks to human health or the environment.