By: Murphy, Coleman (Senate Sponsor - Huffman) H.B. No. 2826
(In the Senate - Received from the House May 5, 2011;
May 9, 2011, read first time and referred to Committee on Natural
Resources; May 13, 2011, reported favorably by the following vote:
Yeas 9, Nays 0; May 13, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of a certificate for a municipal setting
designation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 361.804(b), Health and Safety Code, is
amended to read as follows:
(b) An application submitted under this section must:
(1) be on a form provided by the executive director;
(2) contain the following:
(A) the applicant's name and address;
(B) a legal description of the outer boundaries
of the proposed municipal setting designation and a specific
description of the designated groundwater that will be restricted
under the ordinance or restrictive covenant described by Section
361.8065(a)(2) or (c)(2), as applicable;
(C) a statement as to whether the municipalities
or the retail public utilities entitled to notice under Section
361.805 support the proposed designation;
(D) an affidavit that affirmatively states that:
(i) the municipal setting designation
eligibility criteria contained in Section 361.803 are satisfied;
(ii) true and accurate copies of all
documents demonstrating that the municipal setting designation
eligibility criteria provided by Section 361.803 have been
satisfied are included with the application;
(iii) a true and accurate copy of a legal
description of the property for which the municipal setting
designation is sought is included with the application; and
(iv) notice was provided in accordance with
Section 361.805;
(E) a statement regarding the type of known
contamination in the groundwater beneath the property proposed for
a municipal setting designation;
(F) proof of notice, as required by Section
361.805(c); and
(G) if available at the time of the application,
a copy of the ordinance or restrictive covenant and any required
resolutions or other documentation satisfying the requirements
described in Section 361.8065, or a statement that the applicant
will provide a copy of the ordinance or restrictive covenant and any
required resolutions or other documentation satisfying the
requirements described in Section 361.8065 before the executive
director certifies the municipal setting designation in accordance
with Section 361.807; and
(3) be accompanied by an application fee of $1,000.
SECTION 2. Section 361.805(b), Health and Safety Code, is
amended to read as follows:
(b) The notice must include, at a minimum:
(1) the purpose of the municipal setting designation;
(2) the eligibility criteria for a municipal setting
designation;
(3) the location and description of the property for
which the designation is sought;
(4) a statement that a municipality described by
Subsection (a)(1) or retail public utility described by Subsection
(a)(3) may provide written comments on any information relevant to
the executive director's consideration of the municipal setting
designation;
(5) a statement that the executive director will
certify or deny the application or request additional information
from the applicant not later than 90 days after receiving the
application;
(6) the type of contamination on the property for
which the designation is sought; [and]
(7) identification of the party responsible for the
contamination of the property, if known; and
(8) if the property for which the municipal setting
designation is sought is located in a municipality that has a
population of two million or more and the applicant intends to
comply with the requirements of Section 361.8065 for issuance of a
municipal setting designation certificate under Section 361.807 by
complying with the requirements of Section 361.8065(c), a statement
that a municipality described by Subsection (a)(1)(B) or (C) of
this section or a public utility described by Subsection (a)(3) of
this section has 120 days from the date of receipt of the notice
required by this section to pass a resolution opposing the
application for a municipal setting designation.
SECTION 3. Section 361.8065, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsections (c) and
(d) to read as follows:
(a) Except as provided by Subsection (c), before [Before]
the executive director may issue a municipal setting designation
certificate under Section 361.807, the applicant must provide
documentation of the following:
(1) that the application is supported by a resolution
adopted by:
(A) the city council of each municipality
described by Section 361.805(a)(1)(B) or (C); and
(B) the governing body of each retail public
utility described by Section 361.805(a)(3); and
(2) that the property for which designation is sought
is:
(A) subject to an ordinance that prohibits the
use of designated groundwater from beneath the property as potable
water and that appropriately restricts other uses of and contact
with that groundwater; or
(B) subject to a restrictive covenant
enforceable by the municipality in which the property for which the
designation is sought is located that prohibits the use of
designated groundwater from beneath the property as potable water
and appropriately restricts other uses of and contact with that
groundwater.
(c) If the property for which the municipal setting
designation is sought is located in a municipality that has a
population of two million or more and the applicant has complied
with the requirements of Section 361.805(b)(8), the applicant is
considered to have complied with the requirements of Subsection (a)
of this section for eligibility for a municipal setting designation
certificate under Section 361.807 if the applicant provides
documentation of the following:
(1) that no resolution opposing the application has
been adopted within 120 days of receipt of the notice provided under
Section 361.805 by:
(A) the city council of any municipality
described by Section 361.805(a)(1)(B) or (C); or
(B) the governing body of any retail public
utility described by Section 361.805(a)(3); and
(2) that the property for which designation is sought:
(A) is currently or has previously been under the
oversight of the commission or the United States Environmental
Protection Agency; and
(B) is subject to:
(i) an ordinance that prohibits the use of
designated groundwater from beneath the property as potable water
and that appropriately restricts other uses of and contact with
that groundwater; or
(ii) a restrictive covenant enforceable by
the municipality in which the property for which the designation is
sought is located that prohibits the use of designated groundwater
from beneath the property as potable water and appropriately
restricts other uses of and contact with that groundwater.
(d) The documentation required under Subsection (c)(1) may
be in the form of an affidavit of the applicant or the applicant's
representative.
SECTION 4. Section 361.807(c), Health and Safety Code, is
amended to read as follows:
(c) If the executive director determines that an applicant
has submitted a complete application except that an ordinance or
restrictive covenant and any required documentation [resolutions]
satisfying the requirements described in Section 361.8065 have not
been submitted, the executive director shall issue a letter to the
applicant listed in Subsection (a) stating that a municipal setting
designation will be certified on submission of a copy of the
ordinance or restrictive covenant and any required documentation
[resolutions] satisfying the requirements described in Section
361.8065. On submission of the ordinance or restrictive covenant
and any required documentation [resolutions] satisfying the
requirements described in Section 361.8065, the executive director
shall issue a municipal setting designation certificate in
accordance with Subsections (a) and (b).
SECTION 5. This Act takes effect September 1, 2011.
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