1-1     By:  Chisum (Senate Sponsor - Brown)                  H.B. No. 2705

 1-2           (In the Senate - Received from the House May 15, 1997;

 1-3     May 16, 1997, read first time and referred to Committee on Natural

 1-4     Resources; May 18, 1997, reported adversely, with favorable

 1-5     Committee Substitute by the following vote:  Yeas 10, Nays 0;

 1-6     May 18, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 2705                   By:  Brown

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the program for the voluntary cleanup of contaminants.


1-12           SECTION 1.  Section 361.603, Health and Safety Code, is

1-13     amended by adding Subsection (c) to read as follows:

1-14           (c)  Notwithstanding Subsection (a), a site or portion of a

1-15     site that is subject to a commission permit or order is eligible

1-16     for participation in the voluntary cleanup program on dismissal of

1-17     the permit or order.  An administrative penalty paid to the general

1-18     revenue fund under the permit or order is nonrefundable.

1-19           SECTION 2.  Subchapter S, Chapter 361, Health and Safety

1-20     Code, as added by Chapter 986, Acts of the 74th Legislature,

1-21     Regular Session, 1995, is amended by adding Section 361.6035 to

1-22     read as follows:


1-24     FROM LIABILITY.  (a)  A person who purchased a site before

1-25     September 1, 1995, is released, on certification under Section

1-26     361.609, from all liability to the state for cleanup of

1-27     contamination that was released at the site covered by the

1-28     certificate before the purchase date, except for releases or

1-29     consequences that the person contributed to or caused, if:

1-30                 (1)  the person did not operate the site, or any

1-31     portion of the site, before the purchase date; and

1-32                 (2)  another person that is a responsible party under

1-33     Section 361.271 or 361.275(g) successfully completes a voluntary

1-34     cleanup of the site under this subchapter.

1-35           (b)  A person described by Subsection (a)(2):

1-36                 (1)  remains liable to the state for any contamination

1-37     that was released at the site before the date the certificate is

1-38     issued; and

1-39                 (2)  is not liable to the state for any contamination

1-40     that was released at the site after the date the certificate is

1-41     issued unless the person:

1-42                       (A)  contributes to or causes the release of

1-43     contamination; or

1-44                       (B)  changes the land use from the use specified

1-45     in the certificate of completion if the new use may result in

1-46     increased risks to human health or the environment.

1-47           SECTION 3.  Section 361.604(b), Health and Safety Code, is

1-48     amended to read as follows:

1-49           (b)  An application submitted under this section must:

1-50                 (1)  be on a form provided by the executive director;

1-51                 (2)  contain:

1-52                       (A)  general information concerning:

1-53                             (i)  the person and the person's

1-54     capability, including the person's financial capability, to perform

1-55     the voluntary cleanup;  [and]

1-56                             (ii)  the site; and

1-57                             (iii)  whether the voluntary cleanup is

1-58     subject to Section 361.6035;

1-59                       (B)  other background information requested by

1-60     the executive director; and

1-61                       (C)  an environmental assessment of the actual or

1-62     threatened release of the hazardous substance or contaminant at the

1-63     site;

1-64                 (3)  be accompanied by an application fee of $1,000;

 2-1     and

 2-2                 (4)  be submitted according to schedules set by

 2-3     commission rule.

 2-4           SECTION 4.  (a)  This Act takes effect on the later of:

 2-5                 (1)  September 1, 1997; or

 2-6                 (2)  the date the Texas Natural Resource Conservation

 2-7     Commission enters into a memorandum of agreement with the United

 2-8     States Environmental Protection Agency, Region 6, authorizing the

 2-9     inclusion of certain potentially responsible parties to the group

2-10     of persons eligible to participate in the the voluntary cleanup

2-11     program established by Subchapter S, Chapter 361, Health and Safety

2-12     Code, as added by Chapter 986, Acts of the 74th Legislature,

2-13     Regular Session, 1995.

2-14           (b)  The Texas Natural Resource Conservation Commission shall

2-15     publish the memorandum of agreement described by Subsection (a) of

2-16     this section in the Texas Register.

2-17           SECTION 5.  The importance of this legislation and the

2-18     crowded condition of the calendars in both houses create an

2-19     emergency and an imperative public necessity that the

2-20     constitutional rule requiring bills to be read on three several

2-21     days in each house be suspended, and this rule is hereby suspended.

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