Floor Packet Page No. 90
Amend CSHB 2912 as follows:
(1) On page 73, between lines 16 and 17, add a new article
and section, numbered appropriately, to read as follows:
ARTICLE ___. MATTERS RELATED TO REMEDIATION
Sec. ____. Subchapter F, Chapter 361, Health and Safety Code,
is amended by adding Section 361.1875 to read as follows:
Sec. 361.1875. EXCLUSION OF CERTAIN POTENTIALLY RESPONSIBLE
PARTIES. The commission may not name a person as a responsible
party for an enforcement action or require a person to reimburse
remediation costs for a site if the commission has conducted an
investigation of a site owned or operated by the person and as a
result of the investigation has determined that:
(1) the contaminants that are the subject of
investigation under this subchapter appear to originate from an
upgradient, off-site source that is not owned or operated by the
person;
(2) additional corrective action is not required at
the site owned or operated by the person; and
(3) the commission will not undertake a formal
enforcement action in the matter.
(2) Renumber the subsequent articles and sections of the
bill accordingly.