1-1 AN ACT
1-2 relating to the program for the voluntary cleanup of contaminants.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 361.603, Health and Safety Code, is
1-5 amended by adding Subsection (c) to read as follows:
1-6 (c) Notwithstanding Subsection (a), a site or portion of a
1-7 site that is subject to a commission permit or order is eligible
1-8 for participation in the voluntary cleanup program on dismissal of
1-9 the permit or order. An administrative penalty paid to the general
1-10 revenue fund under the permit or order is nonrefundable.
1-11 SECTION 2. Subchapter S, Chapter 361, Health and Safety
1-12 Code, as added by Chapter 986, Acts of the 74th Legislature,
1-13 Regular Session, 1995, is amended by adding Section 361.6035 to
1-14 read as follows:
1-15 Sec. 361.6035. ELIGIBILITY OF CERTAIN PERSONS FOR RELEASE
1-16 FROM LIABILITY. (a) A person who purchased a site before
1-17 September 1, 1995, is released, on certification under Section
1-18 361.609, from all liability to the state for cleanup of
1-19 contamination that was released at the site covered by the
1-20 certificate before the purchase date, except for releases or
1-21 consequences that the person contributed to or caused, if:
1-22 (1) the person did not operate the site, or any
1-23 portion of the site, before the purchase date; and
1-24 (2) another person that is a responsible party under
2-1 Section 361.271 or 361.275(g) successfully completes a voluntary
2-2 cleanup of the site under this subchapter.
2-3 (b) A person described by Subsection (a)(2):
2-4 (1) remains liable to the state for any contamination
2-5 that was released at the site before the date the certificate is
2-6 issued; and
2-7 (2) is not liable to the state for any contamination
2-8 that was released at the site after the date the certificate is
2-9 issued unless the person:
2-10 (A) contributes to or causes the release of
2-11 contamination; or
2-12 (B) changes the land use from the use specified
2-13 in the certificate of completion if the new use may result in
2-14 increased risks to human health or the environment.
2-15 SECTION 3. Section 361.604(b), Health and Safety Code, is
2-16 amended to read as follows:
2-17 (b) An application submitted under this section must:
2-18 (1) be on a form provided by the executive director;
2-19 (2) contain:
2-20 (A) general information concerning:
2-21 (i) the person and the person's
2-22 capability, including the person's financial capability, to perform
2-23 the voluntary cleanup; [and]
2-24 (ii) the site; and
2-25 (iii) whether the voluntary cleanup is
2-26 subject to Section 361.6035;
2-27 (B) other background information requested by
3-1 the executive director; and
3-2 (C) an environmental assessment of the actual or
3-3 threatened release of the hazardous substance or contaminant at the
3-4 site;
3-5 (3) be accompanied by an application fee of $1,000;
3-6 and
3-7 (4) be submitted according to schedules set by
3-8 commission rule.
3-9 SECTION 4. (a) This Act takes effect on the later of:
3-10 (1) September 1, 1997; or
3-11 (2) the date the Texas Natural Resource Conservation
3-12 Commission enters into a memorandum of agreement with the United
3-13 States Environmental Protection Agency, Region 6, authorizing the
3-14 inclusion of certain potentially responsible parties to the group
3-15 of persons eligible to participate in the voluntary cleanup program
3-16 established by Subchapter S, Chapter 361, Health and Safety Code,
3-17 as added by Chapter 986, Acts of the 74th Legislature, Regular
3-18 Session, 1995.
3-19 (b) The Texas Natural Resource Conservation Commission shall
3-20 publish the memorandum of agreement described by Subsection (a) of
3-21 this section in the Texas Register.
3-22 SECTION 5. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2705 was passed by the House on May
14, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2705 on May 29, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2705 was passed by the Senate, with
amendments, on May 26, 1997, by the following vote: Yeas 31, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor