75R12128 SMH-F
By Chisum H.B. No. 2705
Substitute the following for H.B. No. 2705:
By Jackson C.S.H.B. No. 2705
A BILL TO BE ENTITLED
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) performs a voluntary cleanup of the
2-2 site.
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.
2-10 SECTION 3. Section 361.604(b), Health and Safety Code, is
2-11 amended to read as follows:
2-12 (b) An application submitted under this section must:
2-13 (1) be on a form provided by the executive director;
2-14 (2) contain:
2-15 (A) general information concerning:
2-16 (i) the person and the person's
2-17 capability, including the person's financial capability, to perform
2-18 the voluntary cleanup; [and]
2-19 (ii) the site; and
2-20 (iii) whether the voluntary cleanup is
2-21 subject to Section 361.6035;
2-22 (B) other background information requested by
2-23 the executive director; and
2-24 (C) an environmental assessment of the actual or
2-25 threatened release of the hazardous substance or contaminant at the
2-26 site;
2-27 (3) be accompanied by an application fee of $1,000;
3-1 and
3-2 (4) be submitted according to schedules set by
3-3 commission rule.
3-4 SECTION 4. (a) This Act takes effect on the later of:
3-5 (1) September 1, 1997; or
3-6 (2) the date the Texas Natural Resource Conservation
3-7 Commission enters into a memorandum of agreement with the United
3-8 States Environmental Protection Agency, Region 6, authorizing the
3-9 inclusion of certain potentially responsible parties to the group
3-10 of persons eligible for release under the voluntary cleanup program
3-11 established by Subchapter S, Chapter 361, Health and Safety Code,
3-12 as added by Chapter 986, Acts of the 74th Legislature, Regular
3-13 Session, 1995.
3-14 (b) The Texas Natural Resource Conservation Commission shall
3-15 publish the memorandum of agreement described by Subsection (a) of
3-16 this section in the Texas Register.
3-17 SECTION 5. The importance of this legislation and the
3-18 crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended.