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.