By: Elkins H.B. No. 1366
A BILL TO BE ENTITLED
AN ACT
relating to the environmental regulation and remediation of certain
dry cleaning facilities; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 5, Health and Safety Code, is
amended by adding Chapter 374 to read as follows:
CHAPTER 374. DRY CLEANER ENVIRONMENTAL RESPONSE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 374.001. DEFINITIONS. In this chapter:
(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) "Chlorinated dry cleaning solvent" means any dry
cleaning solvent that contains a compound that has a molecular
structure containing the element chlorine.
(3) "Commission" means the Texas Commission on
Environmental Quality.
(4) "Corrective action" means those activities
described by Section 374.152 or 374.153.
(5) "Corrective action plan" means a plan approved by
the commission to perform corrective action at a dry cleaning
facility.
(6) "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.
(7) "Dry cleaning facility" means:
(A) a retail commercial establishment that
operates, or has operated, in whole or in part for the purpose of
cleaning garments or other fabrics using a process that involves
any use of dry cleaning solvents;
(B) all contiguous land used in connection with
the establishment; and
(C) all structures and other appurtenances and
improvements located on the contiguous land and used in connection
with the establishment.
(8) "Dry cleaning solvent" includes:
(A) perchloroethylene, also known as
tetrachloroethylene, petroleum-based solvents, hydrocarbons,
silicone-based solvents, and other nonaqueous solvents used in the
cleaning of garments or other fabrics at a dry cleaning facility;
and
(B) the chemicals and compounds into which the
solvents degrade.
(9) "Dry cleaning unit" means a machine or device that
uses dry cleaning solvents to clean garments and other fabrics and
any piping, ancillary equipment, and containment system associated
with the machine or device.
(10) "Executive director" means the executive
director of the commission.
(11) "Fund" means the dry cleaning facility release
fund.
(12) "Owner" means a person who owns or leases, or has
owned or leased, a dry cleaning facility and who is or has been
responsible for the operation of dry cleaning operations at the dry
cleaning facility.
(13) "Release" means a spill, emission, discharge,
escape, leak, or disposal of dry cleaning solvent from a dry
cleaning facility into the soil or water of the state.
Sec. 374.002. APPLICABILITY OF OTHER LAW. To the extent
that this chapter is inconsistent or in conflict with Chapter 361 or
other general law, this chapter prevails.
Sec. 374.003. APPLICABILITY TO GOVERNMENTAL BODIES. This
chapter does not apply to:
(1) a governmental entity, including a governmental
agency or prison; or
(2) a political subdivision of this state, including a
municipality or a conservation and reclamation district created
under Section 59, Article XVI, Texas Constitution, that owns or
operates a wholesale or retail water supply system, public solid
waste system, public storm water and drainage system, or public
solid waste disposal system.
Sec. 374.004. ADVISORY COMMITTEE. (a) The executive
director shall appoint an advisory committee composed of:
(1) three representatives of the dry cleaning industry
who shall provide professional and practical expertise to the
commission;
(2) one public representative of urban areas; and
(3) one public representative of rural areas.
(b) The advisory committee shall:
(1) review and comment on the methodology the
commission uses to rank contaminated sites under Section 374.154;
(2) review and comment on the report the commission
prepares each biennium under Section 374.056; and
(3) assist in the development of rules to implement
this chapter.
(c) A member of the committee serves at the will of the
executive director.
[Sections 374.005–374.050 reserved for expansion]
SUBCHAPTER B. RULES, STANDARDS, CRITERIA, AND REPORTS
Sec. 374.051. COMMISSION RULES AND STANDARDS. (a) The
commission shall adopt rules necessary to administer and enforce
this chapter. Rules adopted under this section must be reasonably
necessary:
(1) to preserve, protect, and maintain the water and
other natural resources of this state; and
(2) to provide for prompt corrective action of
releases from dry cleaning facilities.
(b) The commission shall adopt rules that establish:
(1) performance standards for dry cleaning
facilities;
(2) requirements for the removal of dry cleaning
solvents and wastes from dry cleaning facilities that are to be
closed by the owner to prevent future releases;
(3) criteria to be used in setting priorities for the
expenditure of money from the fund after consideration of:
(A) the benefit to be derived from corrective
action compared to the cost of implementing the corrective action;
(B) the degree to which human health and the
environment are affected by exposure to contamination;
(C) the present and reasonably foreseeable
future uses of affected surface water or groundwater;
(D) the effect that interim or immediate remedial
measures may have on future costs;
(E) the amount of money available for corrective
action in the fund; and
(F) any additional factors the commission
considers relevant; and
(4) criteria under which the commission may determine
the level at which corrective action is considered to be complete.
Sec. 374.052. FACILITY RETROFITTING. (a) The commission
by rule shall require dry cleaning facilities operating on or
before January 1, 2004, to implement the performance standards
adopted under Section 374.053 not later than January 1, 2006.
(b) The commission by rule may exempt businesses whose
annual gross receipts are $200,000 or less from the requirements of
Subsection (a) on the basis of financial hardship.
(c) This section expires January 1, 2007.
Sec. 374.053. PERFORMANCE STANDARDS FOR NEW DRY CLEANING
FACILITIES. (a) The commission by rule shall adopt performance
standards for a new dry cleaning facility.
(b) Rules adopted under this section must allow for the use
of new technologies as they become available.
(c) Rules adopted under this section must require:
(1) proper storage and disposal of wastes generated at
the facility that contain any quantity of dry cleaning solvent;
(2) compliance with emissions standards for hazardous
air pollutants for perchloroethylene dry cleaning facilities
adopted by the United States Environmental Protection Agency on
September 22, 1993;
(3) dikes or other containment structures to be:
(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
(B) capable of containing any leak, spill, or
release of dry cleaning solvent;
(4) all diked floor surfaces on which any chlorinated
dry cleaning solvent may leak, spill, or otherwise be released to be
made of epoxy, steel, or another material impervious to dry
cleaning solvents; and
(5) all chlorinated dry cleaning solvents to be
delivered to dry cleaning facilities by means of closed,
direct-coupled delivery systems, when those systems have become
generally available.
(d) Rules adopted under this section shall ensure that
wastewater from a dry cleaning unit or discharge of dry cleaning
solvent is not discharged to a sanitary sewer, to a septic tank, or
to water of this state.
Sec. 374.054. COMPLETION CRITERIA. (a) In determining
whether a corrective action is complete, the commission shall
consider the factors listed under Section 374.051(b)(3) and:
(1) individual site characteristics, including
natural remediation processes;
(2) state water quality standards;
(3) whether deviation from state water quality
standards or from established criteria is appropriate, based on the
degree to which the desired remediation level is achievable and may
be reasonably and cost-effectively implemented; and
(4) additional factors the commission considers
relevant.
(b) In considering a deviation under Subsection (a)(3), a
deviation from a state water quality standard may not result in the
application of a standard that is more stringent than the
applicable standard.
Sec. 374.055. CRITERIA FOR ADMINISTRATION OF CHAPTER. (a)
The commission shall administer this chapter in accordance with
this section.
(b) To the maximum extent possible, the commission shall
deal with contamination from dry cleaning facilities by using money
in the fund.
(c) The commission shall use money from the fund as sites
are discovered in the normal course of the commission's business.
(d) The commission shall consider interim or early
corrective action that may result in an overall reduction of risk to
human health and the environment and in the reduction of total costs
of corrective action at a site.
(e) The commission, in its discretion, may use innovative
technology to perform corrective action.
(f) To the maximum extent possible, money in the fund must
be used to address contamination resulting from releases.
Sec. 374.056. REPORT TO GOVERNOR AND LEGISLATURE. On or
before December 1 of each even-numbered year, the executive
director shall submit to the governor, lieutenant governor, speaker
of the house of representatives, and members of the appropriate
standing committees of the senate and the house of representatives
a report regarding:
(1) money deposited to the credit of the fund during
the two previous fiscal years and the sources of the receipts;
(2) disbursements from the fund during the two
previous fiscal years and the purposes of the disbursements;
(3) the extent of corrective action taken under this
chapter during the two previous fiscal years; and
(4) the ranking of sites on the date the report is
made.
[Sections 374.057-374.100 reserved for expansion]
SUBCHAPTER C. FINANCIAL PROVISIONS
Sec. 374.101. DRY CLEANING FACILITY RELEASE FUND. (a) The
dry cleaning facility release fund is an account in the general
revenue fund.
(b) The fund consists of money from:
(1) proceeds from the charges and fees imposed by this
chapter;
(2) interest attributable to investment of money in
the fund;
(3) money recovered by the state under this chapter,
including any money paid under an agreement with the commission or
as civil penalties; and
(4) money received by the commission in the form of
gifts, grants, reimbursements, or appropriations from any source
intended to be used for the purposes of this chapter.
(c) Money in the fund may be appropriated only to the
commission for the purposes of this chapter, including any
administrative duty imposed on the commission under this chapter.
(d) Before September 1, 2005, the commission may annually
spend for administrative and start-up expenses incurred in
fulfilling its duties under this chapter an amount of money from the
fund not to exceed 15 percent of the amount of money credited to the
fund in the same fiscal year as the expenditures. Beginning on
September 1, 2005, the commission may spend from the fund for those
expenses an amount not to exceed 10 percent of the amount of money
credited to the fund in the same fiscal year.
(e) Subject to the limitations of this chapter, the
commission shall use only money from the fund to pay for all
expenses incurred by the commission in fulfilling its duties under
this chapter.
(f) Section 403.095, Government Code, does not apply to
money deposited to the fund.
Sec. 374.102. REGISTRATION; FEE; POSTING. (a) Each owner
of an operating dry cleaning facility or dry cleaning drop station
shall register with the commission on a form provided by the
commission.
(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
nonparticipating under Section 374.104;
(2) $1,000 for a dry cleaning drop station, except
that the fee for a drop station is $250 if the drop station is not
owned by the owner of the dry cleaning facility; or
(3) $2,500 for a dry cleaning facility with gross
annual receipts of more than $100,000.
(c) Fees paid under this section shall be deposited to the
credit of the fund.
(d) The owner of a dry cleaning facility shall post the
owner's registration number, in a manner prescribed by the
commission, in the public area of each of the owner's operating dry
cleaning facilities.
(e) Registration under this section must be renewed
annually.
Sec. 374.103. FEE ON PURCHASE OF DRY CLEANING SOLVENT;
DISPOSITION OF PROCEEDS. (a) 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 by an owner
of a dry cleaning facility. The person who distributes the solvent
shall pay the fee to the commission.
(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.
(c) A person who distributes dry cleaning solvent may not
sell the solvent for use in a dry cleaning facility unless the
person first obtains and records the registration number of the
owner of the facility.
(d) The commission shall adopt any procedures needed for the
collection, administration, and enforcement of the fee imposed by
this section and shall deposit all remitted fees to the credit of
the fund.
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
nonparticipating 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 nonparticipating 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
nonparticipating facility. The owner shall post the registration
document in the public area of the facility.
(f) After a facility is designated as nonparticipating:
(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.
[Sections 374.106-374.150 reserved for expansion]
SUBCHAPTER D. RESPONSE TO RELEASE; CORRECTIVE ACTION
Sec. 374.151. RESPONSE TO RELEASE. (a) A person may not
intentionally allow a release.
(b) A person who knows of a release over a 24-hour period of
more than one quart of a chlorinated dry cleaning solvent or of more
than one gallon of a non-chlorinated dry cleaning solvent shall:
(1) immediately contain and control the release; and
(2) notify the commission of the release before the
expiration of 48 hours after the person learns of the release.
Sec. 374.152. INVESTIGATION AND ASSESSMENT OF RELEASE;
EMERGENCY ACTION. (a) If a release or a potential release poses a
threat to human health or to the environment, the commission shall:
(1) investigate and assess the extent of the resulting
contamination; and
(2) take necessary or appropriate emergency action to
ensure that human health or safety is not threatened by the release
or the potential release.
(b) Emergency action under Subsection (a)(2) may include
the treatment, restoration, or replacement of drinking water
supplies.
Sec. 374.153. CORRECTIVE ACTION. (a) Subject to
Subchapter E, the commission shall take corrective action for a
release from a dry cleaning facility that results in contamination,
including contamination that may have moved off the dry cleaning
facility.
(b) Corrective action includes the cleanup of affected
soil, groundwater, or surface water using the most cost-effective
method that:
(1) is technologically feasible and reliable;
(2) provides adequate protection of human health and
the environment; and
(3) minimizes, to the extent practical, environmental
damage.
(c) The commission shall:
(1) operate and maintain corrective action;
(2) monitor releases from a dry cleaning facility,
including contamination that may have moved off the dry cleaning
facility;
(3) pay the reasonable costs incurred by the
commission in providing field and laboratory services; and
(4) pay the reasonable costs of restoring property, as
nearly as practicable, to the conditions that existed before the
activities associated with:
(A) the investigation of a release;
(B) a cleanup; or
(C) related corrective action.
(d) The commission shall ensure the removal and proper
disposal of wastes generated by a release.
(e) Except as provided by Subchapter E, the commission shall
pay the costs of corrective action conducted under this subchapter
by the commission or by other entities approved by the commission,
regardless of whether the corrective action is included in a
corrective action plan.
Sec. 374.154. RANKING OF CONTAMINATED DRY CLEANING SITES.
(a) For a contaminated dry cleaning site that does not require
emergency action under Section 374.152, the commission shall assign
a rank for the site relative to other sites previously ranked and
awaiting corrective action based on information contained in the
application for ranking.
(b) The following persons are eligible to apply for a site
to be ranked under Subsection (a):
(1) a person who is an owner of the dry cleaning
facility; and
(2) a person who is and has been an owner of the real
property on which the facility is located for not less than five
years as of the date the application for ranking is submitted.
(c) If the applicant for ranking:
(1) is not an owner of the real property, the
application must include proof that an owner of the real property
has been notified of the application; or
(2) is an owner of the real property and the facility
is leased, the application must include proof that a lessee has been
notified of the application.
(d) The application for ranking must contain information
and evidence required by commission rule to aid in ranking. The
information and evidence required may include:
(1) water or soil samples;
(2) analyses of the water or soil samples;
(3) hydrogeologic information from the contaminated
site;
(4) information concerning the site's proximity to a
private or public water supply; and
(5) other information or evidence the commission
considers necessary.
(e) The costs incurred by an applicant in collecting the
information and evidence under Subsection (d) shall be credited
against the deductible payable by the applicant under Section
374.203(d).
(f) The commission shall notify the applicant of the
relative ranking the commission assigns the applicant's site on or
before the 90th day after the date the application is received by
the commission.
Sec. 374.155. POWER TO MODIFY COMMISSION RANKINGS OR
POSTPONE CORRECTIVE ACTIONS. The commission may:
(1) modify the ranked status of a site as warranted
under the system of priorities established under Section
374.051(b)(3); or
(2) postpone temporarily the completion of a
corrective action for which money from the fund is being used, if
the postponement is necessary to make money available for
corrective action at a site with a higher ranking.
Sec. 374.156. ENTRY ONTO PROPERTY. (a) An authorized
officer, employee, or agent of the commission, or a person under
order of or contract with the commission, at reasonable times and on
written notice to the owner or occupant of any property or premises,
may enter onto the property or premises to take corrective action if
the executive director determines that the action is necessary to
protect the public health or environment.
(b) If consent to enter is not granted by the person in
control of a site that is the subject of a notice under this
section, the commission may issue an order directing compliance
with the notice. The order may be issued only after providing the
notice and opportunity for consultation that are reasonably
appropriate under the circumstances.
[Sections 374.157-374.200 reserved for expansion]
SUBCHAPTER E. LIABILITY AND RESPONSIBILITY
Sec. 374.201. PROPORTIONATE SHARE OF LIABILITY. (a) At a
site with more than one source of contamination, the commission
may:
(1) use money in the fund to pay only for the
proportionate share of the liability for corrective action costs
that is attributable to a release or releases from one or more dry
cleaning facilities; and
(2) determine the relative liability of the fund for
costs of corrective action, expressed as a percentage of the total
cost of corrective action at a site, whether known or unknown.
(b) The commission shall issue an order establishing the
percentage of liability. The order is binding and controls the
obligation of the fund unless amended by the commission. If an
appeal from the order is made, the percentage of liability
established by the order must control for costs incurred while the
appeal is pending.
Sec. 374.202. OWNER RESPONSIBILITY. (a) The commission
may hold an owner responsible for up to 100 percent of the costs of
corrective action attributable to the owner if the commission
finds, after notice and an opportunity for a hearing that:
(1) requiring the owner to bear the responsibility
will not prejudice another owner or person who is eligible, under
this chapter, to have corrective action costs paid by the fund; and
(2) the owner:
(A) caused a release by operating practices
contrary to those generally in use at the time of the release;
(B) is in arrears for money owed under this
chapter, after notice and an opportunity to correct the arrearage;
(C) obstructed the efforts of the commission to
carry out its obligations under this chapter other than by the
exercise of the owner's legal rights;
(D) caused or allowed the release because of a
material violation of the performance standards established by this
chapter or the rules adopted by the commission under this chapter;
or
(E) has more than once violated Section 374.151
or related commission rules.
(b) To the extent that an owner is responsible for
corrective action costs under this subsection, the owner is not
entitled to the exemption under Section 374.207.
Sec. 374.203. LIMITATION ON USE OF FUND FOR CORRECTIVE
ACTION. (a) In this section, "contaminated dry cleaning site"
means the areal extent of soil or groundwater contamination with
dry cleaning solvents.
(b) The commission may not use money from the fund for the
payment of costs in excess of $5 million for corrective action at a
single contaminated dry cleaning site.
(c) The commission may not use money from the fund for
corrective action at a contaminated dry cleaning site unless:
(1) the owner applies for the ranking under Section
374.154 and is not otherwise ineligible for corrective action under
this chapter; or
(2) at the time corrective action is to begin, the real
property at the site has been under the same ownership for not less
than five years.
(d) The owner of a dry cleaning facility, or other person
who submits the application for ranking the facility under Section
374.154, shall pay as a deductible the first $5,000 of corrective
action costs incurred because of a release from the dry cleaning
facility. The commission may take corrective action regardless of
whether the commission obtains the deductible.
Sec. 374.204. LIMITATION ON LIABILITY. The fund, the
commission, the executive director, this state, or agents or
employees of this state may not be held liable for loss of business,
damages, or taking of property associated with any corrective
action taken under this chapter.
Sec. 374.205. LIMITATION ON USE OF FUND FOR THIRD
PARTIES. Money from the fund may not be used to compensate third
parties for bodily injury or property damage caused by a release,
other than property damage included in a corrective action plan
approved by the commission.
Sec. 374.206. USE OF OTHER SOURCES OF MONEY. This chapter
does not create a liability or responsibility on the part of the
commission, the executive director, this state, or agents or
employees of this state to pay any corrective action costs from a
source other than the fund or to take corrective action if the
amount of money in the fund is insufficient.
Sec. 374.207. ELIGIBLE OWNER EXEMPT FROM CERTAIN CLAIMS.
If an owner or other person is eligible under this chapter to have
corrective action costs paid by the fund, an administrative or
judicial claim may not be made under state law against the owner or
other person by or on behalf of this state or by any other person,
except a political subdivision, to compel corrective action or seek
recovery of the costs of corrective action that result from the
release.
Sec. 374.208. UNAUTHORIZED PAYMENTS. (a) The commission
may pay costs from the fund under this chapter only if the costs
are:
(1) integral to corrective action for a release; or
(2) required for the administration or enforcement of
this chapter.
(b) The commission may not spend money from the fund:
(1) for corrective action at a site contaminated by
solvents normally used in dry cleaning operations, if the
contamination did not result from the operation of a dry cleaning
facility;
(2) for corrective action at a site, other than a dry
cleaning facility, that is contaminated by dry cleaning solvents
that were released while being transported to or from a dry cleaning
facility by a person other than the owner of the dry cleaning
facility or the owner's agents or employees; or
(3) for the payment of any costs:
(A) associated with a fine or penalty brought
against a dry cleaning facility owner under state or federal law; or
(B) related to corrective action at a dry
cleaning facility that:
(i) has been included by the United States
Environmental Protection Agency on the national priorities list; or
(ii) is a hazardous waste facility eligible
for listing on the state registry under Subchapter F, Chapter 361.
[Sections 374.209-374.250 reserved for expansion]
SUBCHAPTER F. REVIEW OF ORDERS AND DECISIONS; VIOLATIONS;
PENALTIES; EXPIRATION
Sec. 374.251. REVIEW OF ORDERS AND DECISIONS. (a) A person
affected by an order or decision of the commission under this
chapter may, on or before the 15th day after the date of service of
the order or decision, make a written request for a hearing.
(b) A person affected by the decision in an administrative
hearing under Subsection (a) is entitled to judicial review and may
appeal the decision on or before the 31st day after the date on
which the decision was rendered.
Sec. 374.252. VIOLATIONS; PENALTIES. A person is subject
to an administrative penalty under Section 7.0525, Water Code, if
the person:
(1) operates a dry cleaning facility in violation of
this chapter, rules adopted under this chapter, or orders of the
commission made under this chapter;
(2) prevents or hinders a properly identified
authorized officer, employee, or agent of the commission, or a
properly identified person under order of or contract with the
commission, from entering, inspecting, sampling, or responding to a
release as authorized by this chapter;
(3) knowingly makes any false material statement or
representation in any record, report, or other document filed,
maintained, or used for the purpose of compliance with this
chapter;
(4) knowingly destroys, alters, or conceals any record
that this chapter or rules adopted under this chapter require to be
maintained; or
(5) violates Section 374.151 or related commission
rules.
Sec. 374.253. EXPIRATION. (a) This chapter expires on
September 1, 2021.
(b) A corrective action, including any administrative
duties associated with the action, for which remediation of a
contaminated site has begun before September 1, 2021, shall be
completed in accordance with this chapter using money from the
fund, to the extent possible, but money may not be collected for or
added to the fund on or after that date.
(c) A corrective action that has not progressed beyond the
investigative or planning stage on September 1, 2021, may not be
paid for using money from the fund.
(d) Any unobligated money remaining in the fund after the
completion of all corrective actions under Subsection (b) shall be
transferred to the general revenue fund to the credit of the
commission or a successor agency. The fund is abolished on the date
of the transfer.
SECTION 2. Subchapter C, Chapter 7, Water Code, is amended
by adding Section 7.0525 to read as follows:
Sec. 7.0525. PENALTIES FOR VIOLATIONS RELATED TO CERTAIN
DRY CLEANING FACILITIES. (a) Except as provided by Subsection (b),
the amount of the penalty for a violation of Section 374.252, Health
and Safety Code, may not exceed $5,000.
(b) The amount of the penalty for a violation of Section
374.252(a)(1), Health and Safety Code, may not exceed $1,000.
(c) In assessing an administrative penalty under this
section, the commission shall consider, in addition to the factors
prescribed by Section 7.053, the following factors, if applicable:
(1) the extent to which the violation has or may have
an adverse effect on the environment; and
(2) the amount of the reasonable costs incurred by
this state in detection and investigation of the violation.
SECTION 3. (a) Not later than December 1, 2003, the Texas
Commission on Environmental Quality shall adopt any rules,
performance standards, or forms required for the implementation of
Chapter 374, Health and Safety Code, as added by this Act.
(b) Performance standards for new dry cleaning facilities
under Section 374.053, Health and Safety Code, as added by this Act,
apply only to a dry cleaning facility first brought into use on or
after April 1, 2004.
(c) The changes in law made by Sections 374.204 and 374.207,
Health and Safety Code, as added by this Act, apply only to a cause
of action that accrues on or after January 1, 2004, and before
September 1, 2021. A cause of action that accrued before January 1,
2004, or after September 1, 2021, is subject to the law governing
the action that was in effect when the action accrued, and that law
is continued in effect for that purpose.
(d) Chapter 374, Health and Safety Code, as added by this
Act, does not apply to any corrective actions taken by the Texas
Commission on Environmental Quality at a dry cleaning facility as
defined by Section 374.001, Health and Safety Code, as added by this
Act, before the effective date of this Act.
SECTION 4. (a) Except as provided by this section, this Act
takes effect September 1, 2003.
(b) Before January 1, 2005, the Texas Commission on
Environmental Quality shall limit disbursements from the dry
cleaning facility release fund to those disbursements allowed by
Section 374.101(d), Health and Safety Code, as added by this Act.
(c) Disbursements from the dry cleaning facility release
fund for a corrective action taken under Chapter 374, Health and
Safety Code, as added by this Act, may not begin before January 1,
2005.
(d) Sections 374.056, 374.204, 374.207, and 374.252, Health
and Safety Code, as added by this Act, take effect January 1, 2004.