Texas Senate Bill SB480

Texas 2009 - 81st Regular

• Out of Senate Committee: 3/23/09
• Voted on by Senate: 4/2/09
• Out of House Committee: 5/20/09
• Voted on by House: 5/27/09
• Governor Action: 6/19/09
• Enrolled: 5/28/09
• Passed: 6/19/09

Caption

Relating to the authority of the Texas Transportation Commission to enter into a covenant for environmental remediation of real property owned by the Texas Department of Transportation.

Impact

The main impact of SB480 is the establishment of a structured framework for addressing environmental issues related to land owned by the Texas Department of Transportation. By allowing the Texas Transportation Commission to enter into these covenants, the bill seeks to ensure that the land is systematically remediated in compliance with environmental standards. This action may expedite the cleanup process of contaminated sites and formalize responsibility for the remediation activities, thereby promoting ecological integrity and public health.

Summary

Senate Bill 480 pertains to the authority of the Texas Transportation Commission over environmental remediation for properties owned by the Texas Department of Transportation. The bill amends the Transportation Code by introducing new provisions that allow the commission to enter into covenants aimed at remediating contaminated real property. The inclusion of an environmental covenant will enable the commission to formally attach a plan for remediation to the property, provided it receives prior approval from the Texas Commission on Environmental Quality or relevant federal agencies.

Contention

While the bill appears focused on improving environmental management, there may be concerns regarding the effectiveness and efficiency of the remediation processes set forth in the covenants. Stakeholders could argue about the adequacy of the approved plans, particularly in cases where contaminants pose significant risks. Furthermore, the reliance on the approval from the Texas Commission on Environmental Quality or federal entities might lead to delays in execution if the planning processes are cumbersome, thus extending the duration until properties are cleared for safe use.