80R8213 SGA-D

By: Elkins H.B. No. 3220

A BILL TO BE ENTITLED

AN ACT

relating to the environmental regulation and remediation of dry cleaning facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 374.102, Health and Safety Code, is amended to read as follows:

Sec. 374.102. DRY CLEANING FACILITY OR DROP STATION REGISTRATION; FEE; POSTING.

SECTION 2. Subchapter C, Chapter 374, Health and Safety Code, is amended by adding Section 374.1022 to read as follows:

Sec. 374.1022. REGISTRATION OF PROPERTY OWNER OR PRECEDING PROPERTY OWNER. (a) The following persons may participate in the fund benefits by registering as provided by this section:

(1) a person who owns real property on which a dry cleaning facility or drop station is or was located; or

(2) a preceding owner of real property on which a dry cleaning facility or drop station is or was located who entered into an agreement with the current owner associated with the sale of the real property to the current owner that requires the person to be responsible for any costs associated with cleaning up contamination covered under this chapter.

(b) For a person described by Subsection (a) to participate in fund benefits, the person must:

(1) register with the commission on or before December 31, 2007, using a form prescribed by the commission;

(2) include on the registration form information identifying the person as a:

(A) property owner; or

(B) preceding property owner;

(3) pay the annual registration fee of $1,500; and

(4) agree to participate in the fund benefits for 10 years or until the date this chapter expires, whichever period is shorter.

(c) A person described by Subsection (a) may participate in the fund benefits by registering after December 31, 2007, in the same manner as provided by Subsection (b). A person registering after that date must also pay:

(1) all past annual registration fees; and

(2) a late fee of $100 for each month or partial month that has elapsed between December 2007 and the date of the registration.

(d) The annual registration fee may be divided into quarterly payments due over the year on dates established by the commission.

SECTION 3. Section 374.103(a), Health and Safety Code, is amended to read as follows:

(a) Except as provided by Subsection (b) and Section 374.104(d), a fee of $20 [$15] per gallon is imposed on the purchase of the dry cleaning solvent perchloroethylene and $3 [$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 collect the fees and shall pay to the commission the amount due, in accordance with Subsection (a-1).

SECTION 4. Section 374.104(b-1), Health and Safety Code, is amended to read as follows:

(b-1) An owner of a dry cleaning facility who files an option not to participate in accordance with Subsection (b) is entitled to a refund [credit against future registration fees under Section 374.102, Health and Safety Code,] to the extent that a registration fee paid under Section 374.102 in 2004 or 2005 exceeded the amount due for a nonparticipating dry cleaning facility or drop station.

SECTION 5. Subchapter D, Chapter 374, Health and Safety Code, is amended by adding Section 374.1535 to read as follows:

Sec. 374.1535. SITE RESTRICTIONS AFTER CORRECTIVE ACTION. (a) If the commission has completed corrective action at a dry cleaning site, perchloroethylene may not be used at that site.

(b) If the owner of a dry cleaning site uses perchloroethylene at the site after the completion of corrective action at that site, the site is not eligible for future corrective action using money from the fund.

SECTION 6. Section 374.154(b), Health and Safety Code, is amended to read as follows:

(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 or drop station; and

(2) a person who is registered with the commission under Section 374.1022 [an owner of the real property on which the dry cleaning facility or drop station is or was located; or

[(3) a person who was the preceding owner of the real property on which the dry cleaning facility or drop station is or was located if the person entered into an agreement with the current owner associated with the sale of the real property to the current owner that requires the person to be responsible for any costs associated with the clean up of contamination covered under this chapter].

SECTION 7. The Texas Commission on Environmental Quality shall provide the comptroller with a list of persons eligible for a refund under Section 374.104(b-1), Health and Safety Code, as amended by this Act not later than November 30, 2007, and the comptroller shall pay each refund not later than December 31, 2007.

SECTION 8. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.