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.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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:
1-23 Sec. 361.6035. ELIGIBILITY OF CERTAIN PERSONS FOR RELEASE
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.
2-22 * * * * *