|
|
|
|
AN ACT
|
|
relating to the disposal or storage of waste at, or adjacent to, the |
|
Texas Low-Level Radioactive Waste Disposal Compact waste disposal |
|
facility. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 401.2005, Health and Safety Code, is |
|
amended by amending Subdivision (1) and adding Subdivisions (1-a), |
|
(1-b), (6-a), (8), and (9) to read as follows: |
|
(1) "Compact" means the Texas Low-Level Radioactive |
|
Waste Disposal Compact established under Section 403.006. |
|
(1-a) "Compact waste" means low-level radioactive |
|
waste that: |
|
(A) is originally generated onsite in a host |
|
state or a party state; or |
|
(B) is not generated in a host state or a party |
|
state but has been approved for importation to this state by the |
|
compact commission under Section 3.05 of the compact [established
|
|
under Section 403.006]. |
|
(1-b) "Curie capacity" means the amount of the |
|
radioactivity of the waste that may be accepted by the compact waste |
|
disposal facility as determined by the commission in the compact |
|
waste disposal facility license. |
|
(6-a) "Nonparty compact waste" means low-level |
|
radioactive waste imported from a state other than a party state as |
|
authorized under Section 3.05(6) of the compact. |
|
(8) "Party state compact waste" means low-level |
|
radioactive waste generated in a party state. |
|
(9) "Waste of international origin" means low-level |
|
radioactive waste that originates outside of the United States or a |
|
territory of the United States, including waste subsequently stored |
|
or processed in the United States. |
|
SECTION 2. Section 401.207, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 401.207. OUT-OF-STATE WASTE; NONPARTY COMPACT WASTE. |
|
(a) The compact waste disposal facility license holder may not |
|
accept low-level radioactive waste generated in another state for |
|
disposal under a license issued by the commission unless the waste |
|
is: |
|
(1) accepted under a compact to which the state is a |
|
contracting party; |
|
(2) federal facility waste that the license holder is |
|
licensed to dispose of under Section 401.216; or |
|
(3) generated from manufactured sources or devices |
|
originating in this state. |
|
(b) The compact waste disposal facility license holder may |
|
accept for disposal at the compact waste disposal facility approved |
|
nonparty compact waste that is classified as Class A, Class B, or |
|
Class C low-level radioactive waste in accordance with the compact |
|
waste disposal facility license to the extent the acceptance does |
|
not diminish the disposal volume or curie capacity available to |
|
party states. The license holder may not accept any nonparty |
|
compact waste for disposal at the facility until the license has |
|
been modified by the commission to specifically authorize the |
|
disposal of nonparty compact waste. |
|
(c) The compact waste disposal facility license holder may |
|
not accept waste of international origin for disposal at the |
|
facility. |
|
(d) The compact waste disposal facility license holder may |
|
not accept for disposal at the compact waste disposal facility |
|
nonparty compact waste that does not meet the waste characteristics |
|
and waste forms for disposal applicable to compact waste as set |
|
forth by the commission in the compact waste disposal facility |
|
license. Before the license holder may accept nonparty compact |
|
waste for disposal, the commission must certify through a written |
|
evaluation that the waste is authorized for disposal under the |
|
license. If the disposal is not authorized under the license, the |
|
commission must inform the license holder of the license amendments |
|
necessary to authorize the disposal. |
|
(e) The compact waste disposal facility license holder may |
|
not accept more than 50,000 total cubic feet of nonparty compact |
|
waste annually. The compact waste disposal facility license holder |
|
may not accept more than 120,000 curies of nonparty compact waste |
|
annually, except that in the first year the license holder may |
|
accept 220,000 curies. The legislature by general law may |
|
establish revised limits after considering the results of the study |
|
under Section 401.208. |
|
(e-1) The commission's executive director, on completion of |
|
the study under Section 401.208, may prohibit the license holder |
|
from accepting any additional nonparty compact waste if the |
|
commission determines from the study that the capacity of the |
|
facility will be limited, regardless of whether the limit under |
|
Subsection (f) has been reached. |
|
(f) Of the total initial licensed capacity of the compact |
|
waste disposal facility: |
|
(1) not more than 30 percent of the volume and curie |
|
capacity shall be for nonparty compact waste; and |
|
(2) of the remaining capacity, not less than 80 |
|
percent of the volume and curie capacity shall be for compact waste |
|
generated in the host state and 20 percent of the volume and curie |
|
capacity shall be for compact waste generated in Vermont. |
|
(g) The commission shall assess a surcharge for the disposal |
|
of nonparty compact waste at the compact waste disposal facility. |
|
The surcharge is 20 percent of the total contracted rate under |
|
Section 401.2456 and must be assessed in addition to the total |
|
contracted rate under that section. |
|
(h) A surcharge collected under Subsection (g) shall be |
|
deposited to the credit of the low-level radioactive waste fund. |
|
(h-1) The commission shall conduct a study of the surcharge |
|
described by Subsection (g) and, not later than December 1, 2016, |
|
shall issue the results of the review to the legislature. The |
|
commission shall review the operations and expenses of the compact |
|
waste disposal facility license holder and shall require the |
|
compact waste disposal facility license holder to provide |
|
justification of disposal expenses and historical costs associated |
|
with the facility through appropriate evidentiary and empirical |
|
records, studies, and other applicable methodologies. The |
|
commission shall consider the impact of the surcharge on the |
|
overall revenue generated for the state and may request the |
|
assistance of the comptroller in conducting the analysis of the |
|
impact of the surcharge. |
|
(i) The Texas Low-Level Radioactive Waste Disposal Compact |
|
Commission by rule shall adopt procedures and forms for the |
|
approval of the importation of nonparty compact waste. |
|
(j) An application for the approval of the importation of |
|
nonparty compact waste may be submitted to the Texas Low-Level |
|
Radioactive Waste Disposal Compact Commission only by the generator |
|
of the waste. |
|
(k) The commission, in coordination with the Texas |
|
Low-Level Radioactive Waste Disposal Compact Commission, shall |
|
adopt rules establishing criteria and thresholds by which |
|
incidental commingling of party state compact waste and waste from |
|
other sources at a commercial processing facility is considered and |
|
reasonably limited. The criteria and thresholds for commingling |
|
under this subsection established by commission rule are binding on |
|
any criteria and thresholds that may be established by the Texas |
|
Low-Level Radioactive Waste Disposal Compact Commission. |
|
SECTION 3. Subchapter F, Chapter 401, Health and Safety |
|
Code, is amended by adding Sections 401.208 and 401.2085 to read as |
|
follows: |
|
Sec. 401.208. STUDY OF CAPACITY. (a) The commission shall |
|
conduct a study on the available volume and curie capacity of the |
|
compact waste disposal facility for the disposal of party state |
|
compact waste and nonparty compact waste. |
|
(b) The commission shall consider and make recommendations |
|
regarding: |
|
(1) the future volume and curie capacity needs of |
|
party state and nonparty state generators and any additional |
|
reserved capacity necessary to meet those needs; |
|
(2) the calculation of radioactive decay related to |
|
the compact waste disposal facility and radiation dose assessments |
|
based on the curie capacity; |
|
(3) the necessity of containerization of the waste; |
|
(4) the effects of the projected volume and |
|
radioactivity of the waste on the health and safety of the public; |
|
and |
|
(5) the costs and benefits of volume reduction and |
|
stabilized waste forms. |
|
(c) Not later than December 1, 2012, the commission shall |
|
submit a final report of the results of the study to the standing |
|
committees of the senate and the house of representatives with |
|
jurisdiction over the disposal of low-level radioactive waste. |
|
(d) The Texas Low-Level Radioactive Waste Disposal Compact |
|
Commission shall use the study to anticipate the future capacity |
|
needs of the compact waste disposal facility. |
|
(e) The commission may conduct a study described by |
|
Subsection (a) at any time after December 1, 2012, if the commission |
|
determines that a study is necessary. |
|
Sec. 401.2085. REVIEW OF FINANCIAL ASSURANCE. (a) The |
|
commission shall conduct a review of the adequacy of the financial |
|
assurance mechanisms of the compact waste disposal facility license |
|
holder that were approved by the commission before January 1, 2011, |
|
against projected post-closure costs, including a review of the |
|
adequacy of funds for unplanned events. The review shall consider: |
|
(1) the segregation of financial assurance funds from |
|
other funds; |
|
(2) the degree of risk that the financial instruments |
|
are subject to financial reversal; |
|
(3) potential post-closure risks associated with the |
|
compact waste disposal facility; and |
|
(4) the adequacy of the financial instruments to cover |
|
the state's liabilities. |
|
(b) Not later than December 1, 2012, the commission shall |
|
submit a final report of the results of the review to the standing |
|
committees of the senate and the house of representatives with |
|
jurisdiction over the disposal of low-level radioactive waste. |
|
SECTION 4. The heading to Section 401.245, Health and |
|
Safety Code, is amended to read as follows: |
|
Sec. 401.245. PARTY STATE COMPACT WASTE DISPOSAL FEES. |
|
SECTION 5. Section 401.245, Health and Safety Code, is |
|
amended by amending Subsections (a) and (b) and adding Subsections |
|
(g) and (h) to read as follows: |
|
(a) A compact waste disposal facility license holder who |
|
receives party state compact [low-level radioactive] waste for |
|
disposal pursuant to the compact [Texas Low-Level Radioactive Waste
|
|
Disposal Compact established under Chapter 403] shall have |
|
collected a waste disposal fee to be paid by each person who |
|
delivers party state compact [low-level radioactive] waste to the |
|
compact waste disposal facility for disposal. |
|
(b) The commission by rule shall adopt and periodically |
|
revise party state compact waste disposal fees under this section |
|
according to a schedule that is based on the projected annual volume |
|
of low-level radioactive waste received, the relative hazard |
|
presented by each type of low-level radioactive waste that is |
|
generated by the users of radioactive materials, and the costs |
|
identified in Section 401.246. |
|
(g) For the purposes of a contested case involving the |
|
adoption of fees under this section, only a party state generator of |
|
low-level radioactive waste may be considered a person affected. |
|
(h) The administrative law judge assigned to the contested |
|
case involving the adoption of fees under this section shall issue a |
|
proposal for decision on fees proposed by the commission not later |
|
than the first anniversary of the date the State Office of |
|
Administrative Hearings assumes jurisdiction of the case. |
|
SECTION 6. Subchapter F, Chapter 401, Health and Safety |
|
Code, is amended by adding Sections 401.2455 and 401.2456 to read as |
|
follows: |
|
Sec. 401.2455. INTERIM PARTY STATE COMPACT WASTE DISPOSAL |
|
FEES. (a) The commission's executive director may establish |
|
interim party state compact waste disposal fees effective only for |
|
the period beginning on the date the compact waste disposal |
|
facility license holder is approved to accept waste at the disposal |
|
facility and ending on the effective date of the rules establishing |
|
the fees under Section 401.245. A generator is not entitled to a |
|
refund, and may not be charged a surcharge, for the disposal of |
|
waste under interim fees once the final fees have been adopted. |
|
(b) An extension of the period during which interim rates |
|
apply may not be granted. If the State Office of Administrative |
|
Hearings has not issued a proposal for decision before the |
|
expiration of the period under Section 401.245(h), all disposal at |
|
the compact waste disposal facility must cease until the rates are |
|
adopted. |
|
Sec. 401.2456. CONTRACTS FOR NONPARTY COMPACT WASTE |
|
DISPOSAL. (a) At any time after the commission has granted |
|
approval to begin operating the compact waste disposal facility, |
|
the compact waste disposal facility license holder may contract |
|
rates with nonparty compact waste generators for the disposal of |
|
nonparty compact waste at the facility in accordance with the |
|
compact waste disposal facility license. |
|
(b) Rates and contract terms negotiated under this section |
|
are subject to review and approval by the commission's executive |
|
director to ensure they meet all of the requirements of this |
|
section. |
|
(c) Rates negotiated under this section must be set both by |
|
a price per curie and a price per cubic foot. Fees resulting from |
|
the negotiated rates must be greater than, as applicable: |
|
(1) the compact waste disposal fees under Section |
|
401.245 as set by the commission that are in effect at the time the |
|
rates are negotiated; or |
|
(2) the interim compact waste disposal fees under |
|
Section 401.2455 as set by the commission's executive director that |
|
are in effect at the time the rates are negotiated. |
|
(d) A contract under this section must: |
|
(1) be negotiated in good faith; |
|
(2) conform to applicable antitrust statutes and |
|
regulations; and |
|
(3) be nondiscriminatory. |
|
(e) Rates set under this section must generate fees |
|
sufficient to meet the criteria for party state compact waste under |
|
Sections 401.246(a) and (c). |
|
SECTION 7. Section 401.246, Health and Safety Code, is |
|
amended by amending Subsection (a) and adding Subsection (c) to |
|
read as follows: |
|
(a) Party state compact [Compact] waste disposal fees |
|
adopted by the commission under Section 401.245 must be sufficient |
|
to: |
|
(1) allow the compact waste facility license holder to |
|
recover costs of operating and maintaining the compact waste |
|
disposal facility and a reasonable profit on the operation of that |
|
facility; |
|
(2) provide an amount necessary to meet future costs |
|
of decommissioning, closing, and postclosure maintenance and |
|
surveillance of the compact waste disposal facility and the compact |
|
waste disposal facility portion of the disposal facility site; |
|
(3) provide an amount to fund local public projects |
|
under Section 401.244; |
|
(4) provide a reasonable rate of return on capital |
|
investment in the facilities used for management or disposal of |
|
compact waste at the compact waste disposal facility; and |
|
(5) provide an amount necessary to pay compact waste |
|
disposal facility licensing fees, to pay compact waste disposal |
|
facility fees set by rule or statute, and to provide security for |
|
the compact waste disposal facility as required by the commission |
|
under law and commission rules. |
|
(c) In determining compact waste disposal fees, the |
|
commission shall only consider capital investment in property by |
|
the compact waste disposal facility license holder that is used and |
|
useful to the compact waste disposal facility as authorized under |
|
this chapter. The commission may not consider the capital |
|
investment costs or related costs incurred before September 1, |
|
2003, in determining disposal fees. |
|
SECTION 8. Subsection (b), Section 401.248, Health and |
|
Safety Code, is amended to read as follows: |
|
(b) The state may enter into compacts with another state or |
|
several states for the disposal in this state of low-level |
|
radioactive waste only if the compact: |
|
(1) limits the total volume of all low-level |
|
radioactive waste to be disposed of in this state from the other |
|
party state or party states to 20 percent of the annual average of |
|
low-level radioactive waste projected to be disposed of [that the
|
|
governor projects will be produced] in this state from [the years] |
|
1995 through 2045; |
|
(2) gives this state full administrative control over |
|
management and operation of the compact waste disposal facility; |
|
(3) requires the other state or states to join this |
|
state in any legal action necessary to prevent states that are not |
|
members of the compact from disposing of low-level radioactive |
|
waste at the compact waste disposal facility; |
|
(4) allows this state to charge a fee for the disposal |
|
of low-level radioactive waste at the compact waste disposal |
|
facility; |
|
(5) requires the other state or states to join in any |
|
legal action involving liability from the compact waste disposal |
|
facility; |
|
(6) requires the other state or states to share the |
|
full cost of constructing the compact waste disposal facility; |
|
(7) allows this state to regulate, in accordance with |
|
federal law, the means and routes of transportation of the |
|
low-level radioactive waste in this state; |
|
(8) requires the other state or states to pay for |
|
community assistance projects selected by the host county in an |
|
amount not less than $1 million or 10 percent of the amount |
|
contributed by the other state or states; |
|
(9) is agreed to by the Texas Legislature, the |
|
legislature of the other state or states, and the United States |
|
Congress; and |
|
(10) complies with all applicable federal law. |
|
SECTION 9. Section 401.250, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 401.250. PAYMENTS BY PARTY STATES. |
|
(a) Notwithstanding any other provision of law, Act of the |
|
legislature or the executive branch, or any other agreement, the |
|
initial payment of $12.5 million due from each nonhost party state |
|
under Section 5.01 of the compact established under Section 403.006 |
|
is due not later than November 1, 2003. In accordance with Section |
|
7.01 of the compact, the host state establishes the following terms |
|
and conditions for a state to become a party state to the compact |
|
after January 1, 2011: |
|
(1) the state must make an initial payment of half of |
|
the total amount due to the host state under Subsection (b) on the |
|
later of September 1, 2011, or the date the state becomes a party |
|
state; and |
|
(2) the state must pay the remainder of the amount owed |
|
under Subsection (b) on the later of the date of the opening of the |
|
compact waste disposal facility or the date the facility first |
|
accepts waste from the state. |
|
(b) Each state that becomes a party state: |
|
(1) after January 1, 2011, and before September 1, |
|
2018, shall contribute a total of $30 million to the host state, |
|
including the initial payment under Subsection (a)(1); and |
|
(2) on or after September 1, 2018, and before |
|
September 1, 2023, shall contribute $50 million to the host state, |
|
including the initial payment under Subsection (a)(1). |
|
(c) The requirements of this section apply to a state that |
|
becomes a party state after January 1, 2011, regardless of whether |
|
the state had previously been a party to the compact. A state that |
|
has withdrawn as a party state shall pay the previously committed |
|
fee of $25 million in addition to the fees set in Subsection (b). |
|
(d) A payment made under this section may not be refunded, |
|
even if a party state withdraws from the compact. |
|
(e) For the purposes of calculating the amount of a payment |
|
required under Section 4.05(5) of the compact, the amount of a |
|
payment under this section is considered to be a payment under |
|
Article V of the compact. |
|
(f) This section prevails over any other law or agreement in |
|
conflict or inconsistent with this section. |
|
SECTION 10. Section 401.271, Health and Safety Code, is |
|
amended by adding Subsection (c) to read as follows: |
|
(c) A holder of a license or permit issued by the commission |
|
under this chapter or Chapter 361 that authorizes the storage, |
|
other than disposal, of a radioactive waste or elemental mercury |
|
from other persons shall remit each quarter to the commission for |
|
deposit into the general revenue fund an amount equal to 20 percent |
|
of the license or permit holder's gross receipts received from the |
|
storage of the substance for any period exceeding one year. This |
|
subsection applies only to the storage of the substance for any |
|
period exceeding one year. This subsection applies only to the |
|
storage of radioactive waste or elemental mercury at or adjacent to |
|
the compact waste disposal facility. |
|
SECTION 11. Subsection (d), Section 401.248, Health and |
|
Safety Code, is repealed. |
|
SECTION 12. This Act takes effect immediately if it |
|
receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary for immediate |
|
effect, this Act takes effect September 1, 2011. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 1504 passed the Senate on |
|
April 13, 2011, by the following vote: Yeas 31, Nays 0; and that |
|
the Senate concurred in House amendments on May 25, 2011, by the |
|
following vote: Yeas 31, Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 1504 passed the House, with |
|
amendments, on May 18, 2011, by the following vote: Yeas 91, |
|
Nays 38, one present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |