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.