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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposal of low-level radioactive waste under the |
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Texas Low-Level Radioactive Waste Disposal Compact. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 401.2005, Health and Safety Code, is |
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amended by adding Subdivisions (2-a), (3-a), (6-a), (6-b), and (8) |
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to read as follows: |
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(2-a) "Curie capacity" means the amount of the |
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radioactivity of the waste accepted by the compact waste disposal |
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facility. |
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(3-a) "Disposal rate" is the total amount that the |
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compact waste disposal facility license holder charges a generator |
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of low-level radioactive waste for the disposal of that waste. |
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(6-a) "Maximum disposal rate" is the maximum amount |
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set by the commission that a compact waste disposal facility |
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license holder may charge for the disposal of compact waste |
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generated by a party state. |
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(6-b) "Nonparty compact waste" means low-level |
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radioactive waste imported from a state other than a party state as |
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authorized by Section 3.05(6) of the compact under Section 403.006. |
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(8) "Waste of international origin" means low-level |
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radioactive waste that originates outside the United States or a |
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territory of the United States. |
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SECTION 2. Section 401.207, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 401.207. OUT-OF-STATE WASTE. (a) The compact waste |
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disposal facility license holder may not accept low-level |
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radioactive waste generated in another state for disposal under a |
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license issued by the commission unless the waste is: |
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(1) accepted under a compact to which the state is a |
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contracting party; |
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(2) federal facility waste that the license holder is |
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licensed to dispose of under Section 401.216; or |
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(3) generated from manufactured sources or devices |
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originating in this state. |
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(b) The compact waste disposal facility license holder may |
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accept for disposal at the compact waste disposal facility nonparty |
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compact waste that is classified as Class A, Class B, or Class C |
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low-level radioactive waste to the extent the acceptance does not |
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diminish the disposal volume or curie capacity available to party |
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states. |
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(c) The compact waste disposal facility license holder may |
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accept for disposal at the compact waste disposal facility nonparty |
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compact waste that is incidentally commingled with party state |
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compact waste at a commercial processing facility. |
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(d) The compact waste disposal facility license holder may |
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not accept waste of international origin for disposal at the |
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facility. |
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SECTION 3. Subchapter F, Chapter 401, Health and Safety |
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Code, is amended by adding Sections 401.2075 and 401.208 to read as |
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follows: |
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Sec. 401.2075. CAPACITY LIMITATIONS. Of the total initial |
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licensed capacity of the compact waste disposal facility: |
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(1) 50 percent of the volume and curie capacity shall |
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be reserved for compact waste generated in the host state; and |
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(2) 20 percent of the volume and curie capacity shall |
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be reserved for compact waste generated in Vermont. |
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Sec. 401.208. STUDY OF CAPACITY. (a) The commission shall |
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conduct a study on the available volume and curie capacity of the |
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compact waste disposal facility for the disposal of compact waste |
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generated in party states. |
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(b) The commission shall consider and make recommendations |
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regarding: |
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(1) the future revised volume and curie capacity needs |
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of party state generators and any additional reserved capacity |
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necessary to meet those needs; |
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(2) the result of using decay factors in revising |
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curie capacity limits in the license; and |
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(3) the necessity of containerization of the waste. |
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(c) Not later than December 1, 2012, the commission shall |
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submit a preliminary report of the results of the study based on |
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available data to the standing committees of the senate and the |
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house of representatives with jurisdiction over the disposal of |
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low-level radioactive waste. |
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(d) Not later than December 1, 2014, the commission shall |
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submit a final report of the results of the study to the standing |
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committees of the senate and the house of representatives with |
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jurisdiction over the disposal of low-level radioactive waste. The |
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commission's executive director, upon completion of the final |
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report referenced in this subsection, shall be authorized to |
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prohibit the license holder from accepting any additional waste |
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generated in nonparty states if there is a finding in the |
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commission's report that there will be a capacity limitation. |
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(e) The commission may conduct a study described by |
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Subsection (a) at any time after December 1, 2014, if the commission |
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determines that a study is necessary. |
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SECTION 4. Section 401.215, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 401.215. ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE. |
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Subject to limitations provided by Sections 401.207, 401.2075, and |
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401.248, the compact waste disposal facility shall accept for |
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disposal all compact waste that is presented to it and that is |
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properly processed and packaged. |
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SECTION 5. Section 401.2445, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 401.2445. STATE FEE. The compact waste disposal |
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facility license holder each quarter shall transfer to the state |
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general revenue fund: |
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(1) five percent of the gross receipts from: |
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(A) [(1)] compact waste received at the compact |
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waste disposal facility; and |
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(B) [(2)] any federal facility waste received at |
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a federal facility waste disposal facility licensed under Section |
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401.216; and |
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(2) 10 percent of the gross receipts from the disposal |
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at the compact waste disposal facility of nonparty compact waste |
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that is classified as Class A, Class B, or Class C low-level |
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radioactive waste. |
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SECTION 6. Section 401.245(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The commission by rule shall adopt and periodically |
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revise compact waste disposal fees according to a schedule that is: |
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(1) based on: |
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(A) the projected annual volume of low-level |
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radioactive waste received; and |
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(B) [,] the relative hazard presented by each |
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type of low-level radioactive waste received; [that is generated by
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the users of radioactive materials,] and |
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(2) sufficient to reasonably support the commission's |
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oversight of the compact waste disposal facility and the activities |
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of the Texas Low-Level Radioactive Waste Disposal Compact |
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Commission [the costs identified in Section 401.246]. |
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SECTION 7. Subchapter F, Chapter 401, Health and Safety |
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Code, is amended by adding Sections 401.2455, 401.2456, 401.2457, |
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and 401.2458 to read as follows: |
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Sec. 401.2455. MAXIMUM DISPOSAL RATES. (a) The commission |
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by rule shall set maximum disposal rates. |
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(b) Maximum disposal rates do not apply to generators of |
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nonparty compact waste. |
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(c) In establishing the maximum disposal rates for |
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generators in the host state and party states, the commission: |
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(1) shall assume that nonparty compact waste will be |
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accepted for disposal at the compact waste disposal facility at the |
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maximum disposal rate; and |
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(2) may not consider the historical operating losses |
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incurred by the compact waste disposal facility license holder |
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before beginning operations. |
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(d) Historical operating losses incurred by the compact |
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waste disposal facility license holder before beginning operations |
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may be recovered by the license holder solely through revenues from |
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the disposal of nonparty compact waste. |
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(e) The commission shall determine the amount of historical |
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operating losses by the compact waste disposal facility license |
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holder that have been incurred before the license holder begins |
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operations at the compact waste disposal facility. In determining |
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the amount of historical operating losses, the commission: |
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(1) may only consider the costs, expenses, and |
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expenditures established as true and accurate by the license |
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holder; |
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(2) shall include: |
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(A) any cost, expense, or expenditure incurred or |
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paid by the license holder before September 1, 2003, except for |
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costs, expenses, or expenditures associated with real property used |
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for the compact waste disposal facility site; |
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(B) losses relating to the development and |
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operation of any facility other than the compact waste disposal |
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facility; |
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(C) any other losses or factors that the |
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commission determines are appropriate; and |
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(D) a reasonable rate of return on the items |
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described by Paragraphs (A), (B), and (C); and |
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(3) may not include reasonable and necessary |
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expenditures by the license holder for the compact waste disposal |
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facility incurred on or after September 1, 2003, for: |
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(A) any asset related to plant, property, |
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equipment, or working capital; or |
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(B) permitting or licensing. |
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(f) In determining the amount of historical operating |
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losses under Subsection (e), the commission shall request and the |
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compact waste disposal facility license holder shall file in |
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response to the request a proposed amount of historical operating |
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losses based on verifiable financial statements, supporting |
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information, and analysis. The commission shall solicit and |
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consider comments from compact generators regarding the license |
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holder's proposed historical operating losses, and shall determine |
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the amount of historical operating losses not later than the 90th |
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day after the date the commission receives the proposed amount of |
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the historical operating losses from the license holder. |
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Sec. 401.2456. CONTRACTS FOR WASTE DISPOSAL. (a) At any |
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time before the adoption by the commission of compact waste |
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disposal fees or maximum disposal rates, the compact waste disposal |
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facility license holder may contract with a generator for the |
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disposal of low-level radioactive waste at the compact waste |
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disposal facility at fees and rates established under the contract |
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and may dispose of waste under the contract. A contract under this |
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subsection is subject to authorization by the compact commission |
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under Section 3.05(6) of the compact under Section 403.006. |
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(b) Compact generators located in the compact states of |
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Texas and Vermont are not required to enter into any contract with |
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the compact waste disposal facility license holder before the |
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adoption by the commission of compact waste disposal fees or |
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maximum disposal rates. |
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(c) Regardless of whether the commission approves or |
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disapproves a contract authorized under this section, after the |
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adoption of final disposal fees under Section 401.245 or final |
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maximum disposal rates under Section 401.2455, the parties to the |
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contract are not entitled to any refund or surcharge not contained |
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in the contract. |
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Sec. 401.2457. INTERIM FEES AND RATES. (a) The |
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commission's executive director may set interim disposal fees and |
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interim maximum disposal rates according to commission rules. |
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(b) The compact waste disposal facility license holder |
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shall charge generators in the host state and party states fees and |
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rates consistent with the interim fees and rates while the interim |
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fees or rates are in effect. A generator is not entitled to a |
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refund, and may not be charged a surcharge, for the disposal of |
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waste under interim fees or rates once the final fees or rates have |
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been adopted. |
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Sec. 401.2458. CONSIDERATIONS IN CONTRACT APPROVAL. After |
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the commission adopts compact waste disposal fees under Section |
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401.245 and maximum disposal rates under Section 401.2455, in |
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approving contracts between the compact waste disposal facility |
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license holder and a compact generator, the commission may |
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consider, subject to reasonable rules of confidentiality, the net |
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revenues recovered by the compact waste disposal facility license |
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holder from the disposal of nonparty compact waste. |
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SECTION 8. Section 401.250, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 401.250. PAYMENTS BY PARTY STATES. (a) |
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Notwithstanding any other provision of law, Act of the legislature |
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or the executive branch, or any other agreement, the initial |
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payment of $12.5 million due from each nonhost party state under |
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Section 5.01 of the compact established under Section 403.006 is |
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due not later than November 1, 2003. In accordance with Section |
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7.01 of the compact under Section 403.006, the host state |
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establishes the following terms and conditions for a state to |
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become a party state to the compact after September 1, 2011: |
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(1) the state seeking to become a party state must make |
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an initial payment of half of the total amount due to the host state |
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under Subsection (b) of this section on the later of September 1, |
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2011, or the date the state becomes a party state; and |
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(2) the state seeking to become a party state must pay |
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the remainder of the amount owed under Subsection (b) before the |
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date the facility first accepts waste from the state. |
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(b) Each state that becomes a party state: |
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(1) after September 1, 2011, and before September 1, |
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2015, shall contribute a total of $40 million to the host state, |
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including the initial payment under Subsection (a)(1); and |
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(2) on or after September 1, 2015, and before |
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September 1, 2020, shall contribute $60 million to the host state, |
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including the initial payment under Subsection (a)(1). |
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(c) A payment made under Subsection (a)(1) may not be |
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refunded, even if a party state withdraws from the compact. |
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(d) In addition to the fees described by Subsection (b), a |
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state that has previously withdrawn as a party state and that seeks |
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to become a party state on or after September 1, 2011, must pay the |
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previously committed and withdrawn fee of $25 million to the host |
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state. |
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(e) The host county, as defined by Section 2.01 of the |
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compact under Section 403.006, shall receive 10 percent of the |
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payments made under this section. |
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(f) This section prevails over any other law or agreement in |
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conflict or inconsistent with this section. |
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SECTION 9. This Act takes effect September 1, 2011. |