By Barrientos S.B. No. 1077
77R7716 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the assessment of risks in determining the level of
1-3 remediation required for contaminated property.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 5, Water Code, is amended
1-6 by adding Section 5.127 to read as follows:
1-7 Sec. 5.127. RISK ASSESSMENT. (a) The commission by rule may
1-8 provide for the assessment of risks in determining the level of
1-9 remediation required for contaminated property.
1-10 (b) The rules must adequately protect historically or
1-11 disproportionately affected communities, considering the cumulative
1-12 effects of pollution on those communities.
1-13 (c) The rules must provide that the risk of cancer from the
1-14 contamination following completion of remediation may not exceed
1-15 one in one million, except that the commission may authorize a
1-16 level of remediation that results in a greater risk of cancer in a
1-17 community that is not historically or disproportionately affected
1-18 if the commission has a factual basis for doing so.
1-19 (d) Before the commission determines the level of
1-20 remediation required, notice and an opportunity to comment must be
1-21 given to local governments and affected landowners. The notice
1-22 must include:
1-23 (1) the proposed level of remediation of affected
1-24 property; and
2-1 (2) any effect that such a level of contamination will
2-2 have on the future use of that property.
2-3 (e) Not later than the 60th day after the date the person
2-4 responsible for the contamination determines that property is
2-5 probably contaminated, the commission or the person responsible for
2-6 the contamination must notify the owner of the property of that
2-7 fact.
2-8 (f) The commission shall provide a local government or
2-9 affected person an opportunity to request notification of and an
2-10 opportunity to comment on an application to the commission for
2-11 approval of:
2-12 (1) a method for evaluation of a source of
2-13 contamination;
2-14 (2) a method for reducing or eliminating a source of
2-15 contamination;
2-16 (3) a method for responding to contamination;
2-17 (4) a method for long-term monitoring of contaminated
2-18 or remediated property; and
2-19 (5) completion of a remedial action.
2-20 (g) A person responsible for contamination of another
2-21 person's property must record in the real property records of the
2-22 county in which the property is located a notice stating the
2-23 existence and extent of the contamination if:
2-24 (1) remediation will not result in the removal of all
2-25 contamination from the property; and
2-26 (2) the owner of the property consents to the
2-27 recording of the notice.
3-1 (h) The rules may not:
3-2 (1) authorize a person responsible for contamination
3-3 of another person's property to bring an action for a judgment
3-4 authorizing the responsible person to pay compensation for the
3-5 damage to the property rather than remediating the contamination;
3-6 or
3-7 (2) affect the right of the person whose property is
3-8 contaminated to bring an action for damages or an injunction
3-9 against the person responsible for the contamination, including an
3-10 action for nuisance or trespass.
3-11 SECTION 2. This Act takes effect immediately if it receives
3-12 a vote of two-thirds of all the members elected to each house, as
3-13 provided by Section 39, Article III, Texas Constitution. If this
3-14 Act does not receive the vote necessary for immediate effect, this
3-15 Act takes effect September 1, 2001.