Texas 2011 - 82nd Regular

Texas House Bill HB2826 Compare Versions

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1	1	By: Murphy, Coleman (Senate Sponsor - Huffman) H.B. No. 2826
2	2	(In the Senate - Received from the House May 5, 2011;
3	3	May 9, 2011, read first time and referred to Committee on Natural
4	4	Resources; May 13, 2011, reported favorably by the following vote:
5	5	Yeas 9, Nays 0; May 13, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the issuance of a certificate for a municipal setting
11	11	designation.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 361.804(b), Health and Safety Code, is
14	14	amended to read as follows:
15	15	(b) An application submitted under this section must:
16	16	(1) be on a form provided by the executive director;
17	17	(2) contain the following:
18	18	(A) the applicant's name and address;
19	19	(B) a legal description of the outer boundaries
20	20	of the proposed municipal setting designation and a specific
21	21	description of the designated groundwater that will be restricted
22	22	under the ordinance or restrictive covenant described by Section
23	23	361.8065(a)(2) or (c)(2), as applicable;
24	24	(C) a statement as to whether the municipalities
25	25	or the retail public utilities entitled to notice under Section
26	26	361.805 support the proposed designation;
27	27	(D) an affidavit that affirmatively states that:
28	28	(i) the municipal setting designation
29	29	eligibility criteria contained in Section 361.803 are satisfied;
30	30	(ii) true and accurate copies of all
31	31	documents demonstrating that the municipal setting designation
32	32	eligibility criteria provided by Section 361.803 have been
33	33	satisfied are included with the application;
34	34	(iii) a true and accurate copy of a legal
35	35	description of the property for which the municipal setting
36	36	designation is sought is included with the application; and
37	37	(iv) notice was provided in accordance with
38	38	Section 361.805;
39	39	(E) a statement regarding the type of known
40	40	contamination in the groundwater beneath the property proposed for
41	41	a municipal setting designation;
42	42	(F) proof of notice, as required by Section
43	43	361.805(c); and
44	44	(G) if available at the time of the application,
45	45	a copy of the ordinance or restrictive covenant and any required
46	46	resolutions or other documentation satisfying the requirements
47	47	described in Section 361.8065, or a statement that the applicant
48	48	will provide a copy of the ordinance or restrictive covenant and any
49	49	required resolutions or other documentation satisfying the
50	50	requirements described in Section 361.8065 before the executive
51	51	director certifies the municipal setting designation in accordance
52	52	with Section 361.807; and
53	53	(3) be accompanied by an application fee of $1,000.
54	54	SECTION 2. Section 361.805(b), Health and Safety Code, is
55	55	amended to read as follows:
56	56	(b) The notice must include, at a minimum:
57	57	(1) the purpose of the municipal setting designation;
58	58	(2) the eligibility criteria for a municipal setting
59	59	designation;
60	60	(3) the location and description of the property for
61	61	which the designation is sought;
62	62	(4) a statement that a municipality described by
63	63	Subsection (a)(1) or retail public utility described by Subsection
64	64	(a)(3) may provide written comments on any information relevant to
65	65	the executive director's consideration of the municipal setting
66	66	designation;
67	67	(5) a statement that the executive director will
68	68	certify or deny the application or request additional information
69	69	from the applicant not later than 90 days after receiving the
70	70	application;
71	71	(6) the type of contamination on the property for
72	72	which the designation is sought; [and]
73	73	(7) identification of the party responsible for the
74	74	contamination of the property, if known; and
75	75	(8) if the property for which the municipal setting
76	76	designation is sought is located in a municipality that has a
77	77	population of two million or more and the applicant intends to
78	78	comply with the requirements of Section 361.8065 for issuance of a
79	79	municipal setting designation certificate under Section 361.807 by
80	80	complying with the requirements of Section 361.8065(c), a statement
81	81	that a municipality described by Subsection (a)(1)(B) or (C) of
82	82	this section or a public utility described by Subsection (a)(3) of
83	83	this section has 120 days from the date of receipt of the notice
84	84	required by this section to pass a resolution opposing the
85	85	application for a municipal setting designation.
86	86	SECTION 3. Section 361.8065, Health and Safety Code, is
87	87	amended by amending Subsection (a) and adding Subsections (c) and
88	88	(d) to read as follows:
89	89	(a) Except as provided by Subsection (c), before [Before]
90	90	the executive director may issue a municipal setting designation
91	91	certificate under Section 361.807, the applicant must provide
92	92	documentation of the following:
93	93	(1) that the application is supported by a resolution
94	94	adopted by:
95	95	(A) the city council of each municipality
96	96	described by Section 361.805(a)(1)(B) or (C); and
97	97	(B) the governing body of each retail public
98	98	utility described by Section 361.805(a)(3); and
99	99	(2) that the property for which designation is sought
100	100	is:
101	101	(A) subject to an ordinance that prohibits the
102	102	use of designated groundwater from beneath the property as potable
103	103	water and that appropriately restricts other uses of and contact
104	104	with that groundwater; or
105	105	(B) subject to a restrictive covenant
106	106	enforceable by the municipality in which the property for which the
107	107	designation is sought is located that prohibits the use of
108	108	designated groundwater from beneath the property as potable water
109	109	and appropriately restricts other uses of and contact with that
110	110	groundwater.
111	111	(c) If the property for which the municipal setting
112	112	designation is sought is located in a municipality that has a
113	113	population of two million or more and the applicant has complied
114	114	with the requirements of Section 361.805(b)(8), the applicant is
115	115	considered to have complied with the requirements of Subsection (a)
116	116	of this section for eligibility for a municipal setting designation
117	117	certificate under Section 361.807 if the applicant provides
118	118	documentation of the following:
119	119	(1) that no resolution opposing the application has
120	120	been adopted within 120 days of receipt of the notice provided under
121	121	Section 361.805 by:
122	122	(A) the city council of any municipality
123	123	described by Section 361.805(a)(1)(B) or (C); or
124	124	(B) the governing body of any retail public
125	125	utility described by Section 361.805(a)(3); and
126	126	(2) that the property for which designation is sought:
127	127	(A) is currently or has previously been under the
128	128	oversight of the commission or the United States Environmental
129	129	Protection Agency; and
130	130	(B) is subject to:
131	131	(i) an ordinance that prohibits the use of
132	132	designated groundwater from beneath the property as potable water
133	133	and that appropriately restricts other uses of and contact with
134	134	that groundwater; or
135	135	(ii) a restrictive covenant enforceable by
136	136	the municipality in which the property for which the designation is
137	137	sought is located that prohibits the use of designated groundwater
138	138	from beneath the property as potable water and appropriately
139	139	restricts other uses of and contact with that groundwater.
140	140	(d) The documentation required under Subsection (c)(1) may
141	141	be in the form of an affidavit of the applicant or the applicant's
142	142	representative.
143	143	SECTION 4. Section 361.807(c), Health and Safety Code, is
144	144	amended to read as follows:
145	145	(c) If the executive director determines that an applicant
146	146	has submitted a complete application except that an ordinance or
147	147	restrictive covenant and any required documentation [resolutions]
148	148	satisfying the requirements described in Section 361.8065 have not
149	149	been submitted, the executive director shall issue a letter to the
150	150	applicant listed in Subsection (a) stating that a municipal setting
151	151	designation will be certified on submission of a copy of the
152	152	ordinance or restrictive covenant and any required documentation
153	153	[resolutions] satisfying the requirements described in Section
154	154	361.8065. On submission of the ordinance or restrictive covenant
155	155	and any required documentation [resolutions] satisfying the
156	156	requirements described in Section 361.8065, the executive director
157	157	shall issue a municipal setting designation certificate in
158	158	accordance with Subsections (a) and (b).
159	159	SECTION 5. This Act takes effect September 1, 2011.
160	160	* * * * *