81R23954 KKA-D

By: Howard of Travis, Hernandez, Shelton H.B. No. 1839

Substitute the following for H.B. No. 1839:

By: Shelton C.S.H.B. No. 1839

A BILL TO BE ENTITLED

AN ACT

relating to the selection by school districts of sites for new schools; providing a penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 11, Education Code, is amended by adding Subchapter J to read as follows:

SUBCHAPTER J. SITE SELECTION FOR NEW SCHOOLS

Sec. 11.451. DEFINITIONS. In this subchapter:

(1) "Commission" means the Texas Commission on Environmental Quality.

(2) "Construction" includes renovation of an existing facility.

(3) "Phase I environmental site assessment" means an assessment that complies with ASTM Standard E1527.

(4) "Phase II environmental site assessment" means an assessment that complies with ASTM Standard E1903.

Sec. 11.452. SITE SELECTION POLICY REQUIRED. (a) Before establishing a new school, a school district shall adopt a site selection policy in accordance with this subchapter that:

(1) accounts for the special vulnerability of children; and

(2) promotes the health and safety of children and employees to be assigned to the new school by protecting those individuals from exposure to environmental toxins, hazards, and associated health risks.

(b) A school district is not required to adopt a site selection policy until the district receives voter approval for the issuance of bonds necessary to finance costs associated with establishment of a new school. After voter approval is received, the district may not enter into a contract for the purchase or lease of a site to be used for the new school or, if a new site will not be purchased or leased, for construction of the new school, until the district has adopted a policy and, if required under Section 11.453(b), obtained commission approval of the site selection criteria included in the policy.

(c) After adopting a site selection policy and obtaining approval, if necessary, of included site selection criteria for the first time in compliance with this subchapter, a school district:

(1) may continue to act in accordance with the policy when subsequently selecting additional sites for new schools; and

(2) is not required to adopt a new policy before proceeding with selection of a site for each subsequent new school.

Sec. 11.453. CONTENTS OF DISTRICT SITE SELECTION POLICY. (a) A school district's site selection policy must include the components described by this section.

(b) The policy must include site selection criteria. The district may develop the site selection criteria or may adopt voluntary school site selection criteria established by the United States Environmental Protection Agency. If the district develops the site selection criteria or adopts the voluntary criteria with modifications, the district must submit the district-developed criteria or modifications, as applicable, to the commission for approval.

(c) The policy must provide that, before the district enters into a contract for purchase or lease of a proposed site or for construction at a proposed site already owned by the district:

(1) a Phase I environmental site assessment must be conducted at the proposed site; and

(2) the results of the Phase I environmental site assessment must be presented to the board of trustees.

(d) The policy must provide that:

(1) if the Phase I environmental site assessment does not indicate an area of concern, the district may take any action necessary to pursue establishment of a new school at the proposed site, including entering into any necessary contracts; and

(2) if the Phase I environmental site assessment indicates an area of concern, the following actions are required before the district may enter into a contract for purchase or lease of the proposed site or for construction at the proposed site:

(A) a Phase II environmental site assessment must be conducted at the proposed site; and

(B) the district must take at least the following steps to publicize the district's interest in the proposed site and provide opportunities for meaningful public input regarding the proposed site:

(i) publish notice in at least one newspaper of general circulation in the district;

(ii) post notice on the district's Internet website; and

(iii) conduct at least one public meeting held specifically for the purpose of discussing the site selection.

Sec. 11.454. SITE REMEDIATION. If a school district proceeds to establish a new school at a site at which a Phase II environmental site assessment indicates a need for remediation, the district shall:

(1) develop a site remediation plan;

(2) submit the remediation plan to the commission for approval; and

(3) complete the remediation measures specified in the remediation plan to ensure that the site is protective of human health, as required by the commission.

Sec. 11.455. ADMINISTRATIVE PENALTY. The commission may impose an administrative penalty against a school district that enters into a contract in violation of Section 11.452(b). The penalty may not exceed the sum of:

(1) $5,000; and

(2) $100 for each day:

(A) beginning on the day after the date the district enters into the contract; and

(B) ending on the later of the day the district adopts a site selection policy in compliance with this subchapter or, if necessary under Section 11.453(b), the day the district obtains commission approval of site selection criteria included in the policy.

SECTION 2. Subchapter J, Chapter 11, Education Code, as added by this Act, applies only to a school district in connection with a new school for which associated bonds are approved by the voters on or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2010.