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A BILL TO BE ENTITLED
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AN ACT
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relating to the environmental regulation and remediation of dry |
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cleaning facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 374.102, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 374.102. DRY CLEANING FACILITY OR DROP STATION |
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REGISTRATION; FEE; POSTING. |
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SECTION 2. Subchapter C, Chapter 374, Health and Safety |
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Code, is amended by adding Section 374.1022 to read as follows: |
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Sec. 374.1022. REGISTRATION OF PROPERTY OWNER OR PRECEDING |
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PROPERTY OWNER. (a) The following persons may participate in the |
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fund benefits by registering as provided by this section: |
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(1) a person who owns real property on which a dry |
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cleaning facility or drop station is or was located; or |
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(2) a preceding owner of real property on which a dry |
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cleaning facility or drop station is or was located who entered into |
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an agreement with the current owner associated with the sale of the |
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real property to the current owner that requires the person to be |
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responsible for any costs associated with cleaning up contamination |
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covered under this chapter. |
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(b) For a person described by Subsection (a) to participate |
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in fund benefits, the person must: |
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(1) register with the commission on or before December |
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31, 2007, using a form prescribed by the commission; |
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(2) include on the registration form information |
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identifying the person as a: |
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(A) property owner; or |
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(B) preceding property owner; |
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(3) pay the annual registration fee of $1,500; and |
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(4) agree to participate in the fund benefits for 10 |
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years or until the date this chapter expires, whichever period is |
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shorter. |
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(c) A person described by Subsection (a) may participate in |
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the fund benefits by registering after December 31, 2007, in the |
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same manner as provided by Subsection (b). A person registering |
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after that date must also pay: |
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(1) all past annual registration fees; and |
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(2) a late fee of $100 for each month or partial month |
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that has elapsed between December 2007 and the date of the |
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registration. |
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(d) The annual registration fee may be divided into |
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quarterly payments due over the year on dates established by the |
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commission. |
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SECTION 3. Section 374.103(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Except as provided by Subsection (b) and Section |
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374.104(d), a fee of $20 [$15] per gallon is imposed on the purchase |
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of the dry cleaning solvent perchloroethylene and $3 [$5] per |
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gallon on the purchase of any other dry cleaning solvent by an owner |
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of a dry cleaning facility. The person who distributes the solvent |
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shall collect the fees and shall pay to the commission the amount |
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due, in accordance with Subsection (a-1). |
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SECTION 4. Section 374.104(b-1), Health and Safety Code, is |
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amended to read as follows: |
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(b-1) An owner of a dry cleaning facility who files an |
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option not to participate in accordance with Subsection (b) is |
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entitled to a refund [credit against future registration fees under
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Section 374.102, Health and Safety Code,] to the extent that a |
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registration fee paid under Section 374.102 in 2004 or 2005 |
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exceeded the amount due for a nonparticipating dry cleaning |
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facility or drop station. |
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SECTION 5. Subchapter D, Chapter 374, Health and Safety |
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Code, is amended by adding Section 374.1535 to read as follows: |
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Sec. 374.1535. SITE RESTRICTIONS AFTER CORRECTIVE ACTION. |
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(a) If the commission has completed corrective action at a dry |
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cleaning site, perchloroethylene may not be used at that site. |
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(b) If the owner of a dry cleaning site uses |
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perchloroethylene at the site after the completion of corrective |
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action at that site, the site is not eligible for future corrective |
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action using money from the fund. |
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SECTION 6. Section 374.154(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The following persons are eligible to apply for a site |
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to be ranked under Subsection (a): |
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(1) a person who is an owner of the dry cleaning |
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facility or drop station; and |
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(2) a person who is registered with the commission |
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under Section 374.1022 [an owner of the real property on which the
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dry cleaning facility or drop station is or was located; or
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[(3) a person who was the preceding owner of the real
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property on which the dry cleaning facility or drop station is or
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was located if the person entered into an agreement with the current
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owner associated with the sale of the real property to the current
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owner that requires the person to be responsible for any costs
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associated with the clean up of contamination covered under this
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chapter]. |
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SECTION 7. The Texas Commission on Environmental Quality |
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shall provide the comptroller with a list of persons eligible for a |
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refund under Section 374.104(b-1), Health and Safety Code, as |
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amended by this Act not later than November 30, 2007, and the |
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comptroller shall pay each refund not later than December 31, 2007. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |