Bill > HB1632

This bill makes several changes to the Tennessee Drycleaner's Environmental Response Act, which is a program designed to address environmental contamination from drycleaning operations. Key provisions include defining "recently abandoned" drycleaning facilities as those closed within 180 days of a petition to access the program's fund, and clarifying what constitutes a "registered facility" to include wholesale distributors and abandoned sites. The bill also expands the definition of contamination to include soil gas vapor and indoor air, and redefines "wholesale distribution" to encompass sales and deliveries to both in-state and out-of-state drycleaning facilities. Furthermore, it outlines the duties and responsibilities of the commissioner, such as approving cleanup strategies, managing the drycleaner environmental response fund (which covers investigation, containment, and cleanup costs), and establishing rules for registration, operation, and petition acceptance. The bill also mandates annual registration for all facilities participating in the fund, requires registration fees and solvent surcharges to be paid into the fund, and sets limits on annual expenditures from the fund per facility and overall, with exceptions for emergencies. It also introduces a deductible for facilities receiving fund coverage and establishes penalties for violations, including failure to pay fees or surcharges. Finally, the bill provides liability protection for registered facilities and recently abandoned drycleaning facilities that comply with the program's requirements, shielding them from other environmental laws and common law claims, except for personal injury claims related to exposure and certain lender claims.