Enrolled Bill Summary

            House Bill 1366 adds a new chapter to the Health and Safety Code to establish a dry cleaning regulation and remediation program at the Texas Commission on Environmental Quality until September 1, 2021. The bill requires the commission to adopt performance standards for dry cleaning facilities and requires dry cleaning facilities operating on or before January 1, 2004, to implement the standards by January 1, 2006. The commission is authorized by rule to exempt certain facilities on the basis of financial hardship. The bill requires each owner of a dry cleaning facility or drop station to register annually with the commission and pay a specified fee, unless the facility uses carbon dioxide as a dry cleaning solvent, and it requires fees to be deposited into the dry cleaning facility release fund. The bill also imposes a fee on the purchase of certain dry cleaning solvents, requires the fee revenue to be credited towards the fund, and requires the commission to use a specified percentage of the fund each fiscal year to pay the costs of corrective action at a contaminated dry cleaning site with certain exceptions, including that the facility owner did not apply for ranking of the site. The bill requires the commission, for a contaminated dry cleaning site that does not require emergency action, to assign a rank for the site relative to other sites previously ranked and awaiting corrective action. The bill establishes an advisory committee to assist the commission in ranking contaminated sites, developing rules, and preparing a biennial report to the governor and legislature about the program. A dry cleaning facility owner is authorized to file, before January 1, 2004, an option for the facility not to participate in fund benefits, which exempts the owner from paying certain fees, makes the facility ineligible for any cleanup expenditures, and requires the owner to post a $500,000 bond to guarantee costs of any future corrective action that may be required at the facility. A dry cleaning facility owner who participates in fund benefits is exempt from certain claims related to corrective action that results from the release of dry cleaning solvent. A limitation on liability related to corrective action is also established for the state, the fund, the commission, and commission employees. The bill prohibits a person from intentionally allowing a release of dry cleaning solvent, and requires a person who knows of a release to report the release within 48 hours. A violation is an administrative penalty of up to $5,000. A violation related to improper operation of a dry cleaning facility is an administrative penalty of up to $1,000.

            House Bill 1366 takes effect September 1, 2003, except for provisions relating to the report to the governor and legislature, exemption from certain claims by an eligible owner, limitation on liability for the state, and violations and penalties, which take effect January 1, 2004.