By Barrientos                                         S.B. No. 1802
         76R7818 T                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to risk assessment for remediation of contaminated
 1-3     properties by the Texas Natural Resources Conservation Commission
 1-4     and protection of historically or disproportionately impacted
 1-5     communities.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1.  Subchapter D, Chapter 5, Water Code, is amended
 1-8     by adding Sections 5.125 to read as follows:
 1-9           Sec. 5.125.  RISK ASSESSMENTS.  The commission may adopt
1-10     rules for the assessment of risks for limiting the extent of
1-11     remediation of contaminated soils, buildings, ground water and
1-12     property if and only if those rules provide:
1-13                 (1)  protection for historically or disproportionately
1-14     impacted communities considering the cumulative impacts, such that
1-15     a level of protection from cancer risks are set at no greater than
1-16     one in a million, provided, however, that the commission may use a
1-17     less protective standard for areas not historically or
1-18     disproportionately impacted when the commission has a factual basis
1-19     for  setting a higher risk;
1-20                 (2)  coordination with local governments and affected
1-21     landowners with prior notice to and the opportunity for input by
1-22     local governments and the owners of properties in the area of the
1-23     remediation, which notification must include the proposed level of
1-24     remediation for a property and any limitations that such a level of
 2-1     remediation would have on the future use of that property;
 2-2                 (3)  notification to landowners that their property is
 2-3     likely contaminated within 60 days of any initial determination
 2-4     that the property is or is likely to be contaminated, where such
 2-5     notification is made either by the commission or the person
 2-6     responsible for the contamination;
 2-7                 (4)  the opportunity for any potentially affected
 2-8     person or local government to request and to be added to a list for
 2-9     notification and the opportunity to comment on any application to
2-10     the commission for approval of any of the following:
2-11                       (A)  a method for evaluation of a source of
2-12     contamination;
2-13                       (B)  a method for reducing or eliminating sources
2-14     of contamination;
2-15                       (C)  a method for responding to contamination;
2-16                       (D)  a method for long-term monitoring of the
2-17     contaminated or remediated property; and
2-18                       (E)  completion of any remediation activity.
2-19                 (5)  that a notice be placed in the deed records of
2-20     each contaminated property for which the remediation does not
2-21     result in removal of all contamination and that such notice sets
2-22     forth the existence and extent of contamination left in place at
2-23     the property, provided, however, that the commission may not affect
2-24     the current rights of the affected parties to determine how or if
2-25     they will enter into private agreements involving the levels of the
2-26     remediations or the deed recordation.
2-27           SECTION 2.  The importance of this legislation and the
 3-1     crowded condition of the calendars in both houses create an
 3-2     emergency and an imperative public necessity that the
 3-3     constitutional rule requiring bills to be read on three several
 3-4     days in each house be suspended, and this rule is hereby suspended,
 3-5     and that this Act take effect and be in force from and after its
 3-6     passage, and it is so enacted.