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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposal of nonparty compact low-level radioactive |
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waste at the Texas Low-Level Radioactive Waste Disposal Compact |
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waste disposal facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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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(4) approved under Section 403.3.05(6) of the Texas |
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Low-Level Radioactive Waste Disposal Compact. |
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(b) No waste generated in another state may be disposed of |
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at the compact facility under a license issued by the commission |
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until the commission has completed the following studies: |
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(1) A comparative-analysis of anticipated costs, |
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volumes and radioactivity resulting from disposal of waste |
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originating in the compact states to determine whether or not any |
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excess capacity would exist at the disposal facility, and under |
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each of the following scenarios: |
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(a) if waste minimization techniques are adopted |
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by waste generators, waste processors, and the waste disposal |
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facility |
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(b) if during nuclear plant decommissioning |
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radioactive materials are not separated from one another based upon |
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classification or from other non-radioactive materials prior to |
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disposal |
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(2) An analysis of potential cleanup costs if the |
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facility's liner is breached and radioactive waste migrates into |
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one or more neighboring fresh water formations after the |
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termination of the license, and of the liability born by the state |
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under such scenarios; |
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(3) An analysis of anticipated transportation routes |
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through the state that would be used to bring imported waste to the |
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disposal facility, the likelihood of accidents and/or spills along |
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those routes, the adequacy of emergency preparedness to respond to |
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accidents and/or spills along those routes, and the resulting costs |
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that would be associated with healthcare, clean-up, and |
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compensating property owners for contaminated property; |
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(4) An analysis of the adequacy of all related surety |
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bonds against post-closure costs, including funds for unplanned |
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events, to ensure that these funds are adequately segregated, the |
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instruments are highly unlikely to result in a financial reversal, |
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and that the amounts available will cover the state's liabilities, |
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including any discovered in the execution of Subsections (2) and |
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(3). |
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(c) The compact waste disposal facility license holder is |
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not entitled to accept for disposal at the compact waste disposal |
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facility non-compact waste that is classified as Class A, Class B, |
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or Class C low-level radioactive waste if acceptance may diminish |
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the disposal volume available to party states. |
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(d) The acceptance for disposal of waste of international |
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origin at the compact waste disposal facility is prohibited. |
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SECTION 2. Subchapter F, Chapter 401, Health and Safety |
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Code, is amended by adding Section 401.208 to read as follows: |
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Sec. 401.208. LIMITATIONS ON NONPARTY COMPACT WASTE. (a) In |
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this section: |
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(1) "Compact" means the compact under Section 403.006. |
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(2) "Compact commission" means the commission |
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established under Article III of the compact. |
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(3) "Nonparty compact waste" means low-level |
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radioactive waste accepted from a state other than a party state as |
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authorized by Section 3.05(6) of the compact. |
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(b) The compact waste disposal facility license holder may |
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accept nonparty compact waste for disposal at the compact waste |
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disposal facility only as necessary to address unplanned or |
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extraordinary events occurring in the generating state, as defined |
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by rule by the compact commission. |
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(c) The compact waste disposal facility license holder may |
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not accept a volume of nonparty compact waste that would exceed 10 |
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percent of the total volume of the host state's compact waste as |
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projected by the commission to be accepted by the facility under |
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Section 3.04(11) of the compact, its license issued by the |
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commission and under rules promulgated by the compact commission. |
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SECTION 3. 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, 2011. |