78R5489 SGA-F

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) "Chlorinated dry cleaning solvent" means any dry cleaning solvent that contains a compound that has a molecular structure containing the element chlorine. (2) "Commission" means the Texas Commission on Environmental Quality. (3) "Corrective action" means those activities described by Section 374.152 or 374.153. (4) "Corrective action plan" means a plan approved by the commission to perform corrective action at a dry cleaning facility. (5) "Dry cleaning facility" means: (A) a 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. (6) "Dry cleaning solvent" includes: (A) perchloroethylene, also known as tetrachloroethylene, petroleum-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. (7) "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. (8) "Executive director" means the executive director of the commission. (9) "Fund" means the dry cleaning facility release fund. (10) "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. (11) "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. (12) "Retailer" means a business that is registered for purposes of the retail sales tax under Chapter 151, Tax Code, and provides dry cleaning, or dry cleaning and laundry, services to final consumers. 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 a governmental entity, including a governmental agency or prison. Sec. 374.004. ADVISORY COMMITTEE. (a) The executive director shall appoint an advisory committee composed of representatives of the dry cleaning industry for the purpose of providing professional and practical expertise to the commission and to: (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. (b) 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) 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 and each storage area for dry cleaning solvent or waste; and (B) capable of containing any leak, spill, or release of dry cleaning solvent; (4) all diked floor surfaces on which any 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: (1) deal with contamination from dry cleaning facilities by using money in the fund; and (2) discourage other units of government, both federal and local, including the United States Environmental Protection Agency, from becoming involved in the contamination problems resulting from releases. (c) The commission shall make every reasonable effort to prevent the listing of sites where dry cleaning solvents are involved on the federal National Priorities List under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.), as amended. (d) The commission may not seek out contaminated dry cleaning facility sites because of the existence of the fund or this chapter but shall use money from the fund as sites are discovered in the normal course of the commission's business. (e) The commission shall carefully 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. (f) The commission, in its discretion, may use innovative technology to perform corrective action. (g) 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 surcharges 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. Sec. 374.102. REGISTRATION; FEE; POSTING. (a) Each owner of an operating dry cleaning facility shall register with the commission on a form provided by the commission. (b) The registration must be accompanied by a fee of $100 for each operating dry cleaning facility owned by the owner. (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. ENVIRONMENTAL SURCHARGE, GROSS RECEIPTS SURCHARGE; DISPOSITION OF PROCEEDS. (a) Subject to Section 374.105, an environmental surcharge on gross business receipts is imposed for the privilege of engaging in the business of laundering and dry cleaning garments and other household fabrics in this state. The surcharge shall be at a rate of 2.5 percent of the gross receipts received from dry cleaning or laundering services. The consumer shall pay the surcharge to the retailer, who shall collect the full amount of the surcharge in the manner Chapter 151, Tax Code, prescribes for the collection of a tax. (b) Gross receipts otherwise subject to the surcharge imposed by this section are exempt from the surcharge if they arise from: (1) services performed through a coin-operated device, whether automatic or manually operated, available for use by the general public; (2) the laundering without use of dry cleaning solvents of uniforms, linens, or other textiles for commercial purposes, including any rental of uniforms, linens, or dust control materials; or (3) charges or services to an entity that qualifies for an exemption from the retail sales tax on laundering and dry cleaning services under Chapter 151, Tax Code. (c) The surcharge shall be collected at the same time and in the same manner and shall be administered and enforced in the same manner as the retail sales tax imposed under Chapter 151, Tax Code. The comptroller shall adopt any additional procedures needed for the collection, administration, and enforcement of the surcharge imposed by this section and shall deposit all remitted surcharges to the credit of the fund. For the purpose of this section, the proceeds of the surcharge include all money collected and received by the comptroller under this section, including interest and penalties on delinquent surcharges. (d) Chapter 151, Tax Code, applies to the surcharge imposed by this section to the extent that chapter is not inconsistent with this chapter. Sec. 374.104. FEE ON PURCHASE OF DRY CLEANING SOLVENT; DISPOSITION OF PROCEEDS. (a) Subject to Section 374.105, a fee of $5 per gallon is imposed on the purchase of the dry cleaning solvent perchloroethylene by an owner of a dry cleaning facility. The person who distributes the solvent shall pay the fee to the comptroller. (b) In the case of a fraction of a gallon, the fee imposed is the amount computed by multiplying that fraction by the amount of the fee imposed on a whole gallon. (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 fee shall be collected at the same time and in the same manner and shall be administered and enforced in the same manner as the retail sales tax imposed under Chapter 151, Tax Code. The comptroller shall adopt any additional 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. For the purpose of this section, the proceeds of the fee include all money collected and received by the comptroller under this section, including interest and penalties on delinquent fees. (e) Chapter 151, Tax Code, applies to the fees imposed by this section to the extent that chapter is not inconsistent with this chapter. (f) The comptroller shall administer and enforce this section and adopt any rules necessary to carry out the comptroller's responsibilities under this section. Sec. 374.105. IMPOSITION OF SURCHARGES AND FEES DEPENDENT ON BALANCE OF FUND. (a) The surcharges and fees imposed by Sections 374.103 and 374.104 may not be collected or required to be paid on or after July 1 of a calendar year if the executive director notifies the comptroller under Subsection (c) that the unobligated principal balance of the fund exceeds $20 million on April 1 of that year. (b) The surcharges and fees imposed by Sections 374.103 and 374.104 shall be reinstated effective July 1 of a calendar year if the executive director notifies the comptroller under Subsection (c) that the unobligated principal balance of the fund is less than $10 million on April 1 of that year. (c) Not later than April 5 of each calendar year, the executive director shall notify the comptroller of the unobligated principal balance of the fund on April 1 of that year. (d) The comptroller promptly shall notify persons from whom a surcharge is to be collected under Section 374.103 and persons from whom a fee is to be collected under Section 374.104 if the imposition of the surcharges and fees are to be suspended or reinstated on the following July 1.
[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 and has been an owner of the dry cleaning facility for not less than five years; 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. (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(f). (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. (g) The commission shall keep a separate list for ranking applicants for the reimbursement of money spent on corrective actions taken before January 1, 2004. 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 intentional or wanton actions and 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) substantially 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) For purposes of Subsection (a), unless a transfer is made solely to take advantage of this section, purchasers of stock or other indicia of ownership and other successors in interest are not considered to be the same owner or operator as the seller or transferor of the stock or indicia of ownership even though there may be no change in the legal identity of the owner or operator. (c) 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 shall limit reimbursement from the fund for corrective action costs incurred at a single contaminated dry cleaning site on or after September 1, 2003, and before January 1, 2005, to an amount not to exceed $20,000. (c) The commission shall limit payment from the fund in a fiscal year for corrective action costs incurred at a single contaminated dry cleaning site on or after January 1, 2005, to an amount not to exceed three percent of the total amount deposited to the credit of the fund in the preceding fiscal year. (d) 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. (e) The commission may not use money from the fund for corrective action at a contaminated dry cleaning site unless at the time corrective action is to begin the site has been under the same ownership for not less than five years. (f) 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 a state or local government or by any other person 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
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) A person is subject to an administrative penalty 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. (b) On finding that a person is subject to an administrative penalty, the commission may impose on the person an administrative penalty in an amount not to exceed $500 for each violation. (c) In assessing an administrative penalty under this section, the commission shall consider, if applicable, the following factors: (1) the extent to which the violation presents a hazard to human health; (2) the extent to which the violation has or may have an adverse effect on the environment; (3) the amount of the reasonable costs incurred by this state in detection and investigation of the violation; and (4) the economic savings realized by the person by not complying with the provision for which a violation is charged. SECTION 2. (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) Not later than December 1, 2003, the comptroller shall adopt any rules or forms required for the implementation of the comptroller's duties under Chapter 374, Health and Safety Code, as added by this Act. (d) 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. A cause of action that accrued before January 1, 2004, 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. (e) 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 3. (a) Except as provided by this section, this Act takes effect September 1, 2003. (b) The Texas Commission on Environmental Quality may not collect fees, surcharges, or penalties imposed by this Act or deposit those fees, surcharges, or penalties to the dry cleaning facility release fund established under Chapter 374, Health and Safety Code, as added by this Act, before January 1, 2004. (c) Disbursements from the dry cleaning facility release fund for the purposes of Chapter 374, Health and Safety Code, as added by this Act, may not begin before January 1, 2005. (d) Sections 374.056 and 374.252, Health and Safety Code, as added by this Act, take effect January 1, 2004.