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Amend CSHB 1366 as follows:
(1) On page 1, between lines 19 and 20, insert the following
new Subdivision (5) and renumber the subsequent subdivisions
accordingly:
(5) "Dry cleaning drop station" means a retail
commercial establishment that acts as a collection point for the
drop-off and pick-up of garments or other fabrics that are sent to a
dry cleaning facility for processing.
(2) On page 2, line 8, between "solvents," and "and other",
insert "hydrocarbons, silicone-based solvents,".
(3) On page 6, strike lines 2 and 3 and substitute the
following:
(A) installed around each dry cleaning unit that
uses chlorinated dry cleaning solvents and each storage area for
chlorinated dry cleaning solvents or waste; and
(4) On page 6, line 6, immediately before "dry cleaning",
insert "chlorinated".
(5) On page 9, line 17, between "facility" and "shall",
insert "or dry cleaning drop station".
(6) On page 9, strike lines 19 and 20 and substitute the
following:
(b) Except as provided by Section 374.104(d), the
registration must be accompanied by a fee of:
(1) $1,000 for a dry cleaning drop station;
(2) $1,000 for a dry cleaning facility with three or
fewer employees; or
(3) $2,500 for a dry cleaning facility with four or more
employees.
(7) Strike page 10, line 2, through page 11, line 9.
(8) On page 11, line 10, strike "Sec. 374.104" and substitute
"Sec. 374.103".
(9) On page 11, lines 11 and 12, strike "Subject to Section
374.105, a fee of $5 per gallon is imposed on the purchase of dry
cleaning solvent" and substitute "Except as provided by Section
374.104(d), a fee of $15 per gallon is imposed on the purchase of
the dry cleaning solvent perchloroethylene and $5 per gallon on the
purchase of any other dry cleaning solvent".
(10) On page 11, line 14, strike "comptroller" and substitute
"commission".
(11) On page 11, strike lines 15-17.
(12) On page 11, line 18, strike "(c)" and substitute "(b)".
(13) On page 11, lines 22 and 23, strike "(d) The comptroller,
after consultation with the commission," and substitute "(c) The
commission".
(14) Strike page 11, line 26, through page 12, line 19, and
substitute the following:
Sec. 374.104. OPTION NOT TO PARTICIPATE IN FUND BENEFITS. (a)
The owner of a dry cleaning facility may file with the commission an
option for the facility not to participate in fund benefits.
(b) An option not to participate must be filed before January
1, 2004.
(c) The commission shall designate a facility as not
participating if the owner demonstrates, in accordance with
commission rules, that the owner has never used or allowed the use
of the dry cleaning solvent perchloroethylene at any dry cleaning
facility in this state. The owner must also agree that
perchloroethylene will not be used as a dry cleaning solvent at the
facility.
(d) A facility designated as not participating is not subject
to the fees on dry cleaning solvents, other than perchloroethylene,
under Section 374.103. The facility shall pay a $500 registration
fee under Section 374.102.
(e) On payment of the registration fee, the commission shall
issue a specially marked registration document to the owner of a
non-participating facility. The owner shall post the registration
document in the public area of the facility.
(f) After a facility is designated as non-participating:
(1) the owner of the facility is not eligible for any
expenditures of money from the fund or other benefits of
participation under this chapter for that facility; and
(2) that facility may not later become a participating
facility.
Sec. 374.105. NEW DRY CLEANING FACILITY BOND; EXCEPTION. (a)
The owner of a dry cleaning facility for which the owner has filed
with the commission under Section 374.104 an option not to
participate and which begins operation on or after September 1,
2003, shall furnish to the commission a bond or other financial
assurance authorized by the commission in the amount of $500,000 to
guarantee costs of any future corrective action that may be
required at the facility.
(b) The commission shall return the bond posted under this
section on the second anniversary of the date of closing of the dry
cleaning facility for use as a dry cleaning facility if the
commission has certified that corrective action is not required at
the facility.
(c) This section does not apply to a dry cleaning facility:
(1) that begins operation on or after September 1, 2003;
(2) at which the dry cleaning solvent carbon dioxide is
used; and
(3) the owner of which has never used or allowed the use
of the dry cleaning solvent perchloroethylene at any other dry
cleaning facility in the state.
(15) On page 23, strike Subsection (c), (lines 20 through 23)
and reletter existing Subsections (d) and (e) as (c) and (d).