HBA-KMH H.B. 1953 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1953
By: Maxey
Environmental Regulation
3/23/1999
Introduced



BACKGROUND AND PURPOSE 

In the early 1990s, the  Texas Natural Resource Conservation Commission
(TNRCC) adopted rules to govern the remediation of properties contaminated
with hazardous materials.  Over the past four years, TNRCC has been trying
to adopt a more uniform and less stringent set of rules.  While
improvements can be made to current rules, many of the necessary
improvements involve policy decisions which require legislative guidance. 

H.B. 1953 authorizes the TNRCC to adopt rules for the assessment of risks
for limiting the extent of remediation of contaminated soils, buildings,
ground water, and property but only if it provides protection for
historically or disproportionately impacted communities, coordination with
local governments and affected and potentially affected landowners or
persons, statutory notices, and an opportunity to be  heard for interested
parties.  This bill also authorizes TNRCC to use a less protective standard
for areas not historically or disproportionately impacted when there is a
factual basis for setting the higher risk. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill
expressly delegates additional rulemaking authority to Texas Natural
Resource Conservation Commission in SECTION 1 (Section 5.125, Water Code)
of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter D, Chapter 5, Water Code, by adding Section
5.125, as follows: 

Sec.  5.125.  RISK ASSESSMENTS.  Authorizes the Texas Natural Resource
Conservation Commission (TNRCC) to adopt rules for the assessment of risks
for limiting the extent of remediation of contaminated soils, buildings,
ground water, and property if and only if it provides: 
_protection for historically or disproportionately impacted communities,
_coordination with local governments and affected and potentially affected
landowners or persons, 
_statutory notices, and
_an opportunity for interested parties to be  heard.

Authorizes TNRCC to use a less protective standard for areas not
historically or disproportionately impacted when there is a factual basis
for setting the higher risk. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.