Bill > SB1884

This bill makes several changes to the Tennessee Drycleaner's Environmental Response Act, which aims to address environmental contamination from drycleaning operations. Key provisions include defining "recently abandoned" drycleaning facilities as those closed within 180 days of petitioning for fund access, 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 refines the definition of "wholesale distribution" to encompass sales to both in-state and out-of-state drycleaning facilities. It outlines the commissioner's duties, such as developing remediation strategies, using the drycleaner environmental response fund for cleanup, and establishing rules for registration, operation, and petition review, while also granting the commissioner authority to enter facilities for investigations. The bill mandates annual registration for all drycleaning and wholesale distribution facilities, including recently abandoned ones, and establishes registration fees and a drycleaning solvent surcharge, with provisions for their collection and deposit into the fund. It allows owners or operators of registered or recently abandoned facilities to petition the commissioner for investigation and remediation, with specific annual and per-facility spending limits from the fund, and outlines conditions under which fund coverage may be denied, such as contamination from federal superfund sites or facilities with RCRA permits. The bill also introduces a deductible for those receiving fund coverage, requiring them to pay 10% of contractor billings up to $50,000 per site, and establishes civil penalties for violations of the act, including daily penalties for late payment of fees or surcharges. Finally, it provides liability protection for registered or recently abandoned facilities that comply with the act and have their petitions accepted into the fund, except for claims related to personal injury from solvent exposure or certain lender claims.