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Amend CSHB 1366 as follows:
(1) On page 1, between lines 9 and 10, insert the following
new Subdivision (1) and renumber subsequent subdivisions
accordingly:
(1) "Carbon dioxide facility" means a dry cleaning
facility that:
(A) is equipped for and uses the dry cleaning
solvent carbon dioxide; and
(B) is owned by a person who has not used or
allowed the use of the dry cleaning solvent perchloroethylene at
any other dry cleaning facility in this state.
(2) On page 1, between lines 19 and 20, insert the following
appropriately numbered subdivision and renumber the subsequent
subdivisions accordingly:
( ) "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.
(3) On page 2, line 8, between "solvents," and "and other",
insert "hydrocarbons, silicone-based solvents,".
(4) 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
(5) On page 6, line 6, immediately before "dry cleaning",
insert "chlorinated".
(6) On page 9, line 17, between "facility" and "shall",
insert "or dry cleaning drop station".
(7) On page 9, strike lines 19 and 20 and substitute the
following:
(b) Except for a carbon dioxide facility, the registration
must be accompanied by a fee of:
(1) $250 for:
(A) a dry cleaning facility with gross annual
receipts of $100,000 or less; or
(B) a dry cleaning facility designated as non-
participating under Section 374.104;
(2) $1,000 for a dry cleaning drop station;
(3) $2,500 for a dry cleaning facility with gross
annual receipts of more than $100,000.
(8) Strike page 10, line 2, through page 11, line 9.
(9) On page 11, line 10, strike "Sec. 374.104" and
substitute "Sec. 374.103".
(10) 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 Subsection
(b) and 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".
(11) On page 11, line 14, strike "comptroller" and
substitute "commission".
(12) On page 11, strike lines 15 through 17 and substitute
the following:
(b) Subsection (a) does not apply to:
(1) an owner who has never used or allowed the use of
the dry cleaning solvent perchloroethylene at a dry cleaning
facility in this state; or
(2) the purchase of the dry cleaning solvent carbon
dioxide.
(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 non-
participating if the owner demonstrates, at the owner's expense and
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 non-participating is not
subject to the fees on dry cleaning solvents, other than
perchloroethylene, under Section 374.103.
(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 carbon dioxide facility
that begins operation on or after September 1, 2003.
(15) On page 23, strike Subsection (c), (lines 20 through
23) and reletter existing Subsections (d) and (e) as (c) and (d).