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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. 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. |
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(a) In this section: |
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(1) "Compact" means the compact under Section 403.006. |
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(2) "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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not accept for disposal at the compact waste disposal facility |
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nonparty compact waste that: |
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(1) originated or was generated outside the United |
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States; or |
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(2) does not meet the waste characteristics and waste |
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forms for disposal applicable to other compact waste as set forth by |
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the commission in the compact waste disposal facility license. |
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(c) The compact waste disposal facility license holder may |
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not accept: |
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(1) more than 20,000 total cubic feet of nonparty |
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compact waste annually, of which not more than 9,000 cubic feet may |
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be Class B and C low-level radioactive waste, as defined by Section |
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401.218; or |
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(2) a volume of nonparty compact waste that would |
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exceed 30 percent of the total volume and radioactivity of the host |
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state's compact waste that is projected by the commission to be |
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accepted by the facility. |
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(d) The volume of waste under Subsection (c) does not affect |
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the volume of waste to be accepted by the facility from nonhost |
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party states. |
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(e) The commission shall assess a surcharge for the disposal |
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of nonparty compact waste at the compact waste disposal facility. |
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The surcharge is: |
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(1) $1,000 per cubic foot; and |
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(2) $500 per curie. |
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(f) A surcharge collected under Subsection (e) shall be |
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deposited to the credit of the low-level radioactive waste fund as |
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established under Section 401.249. |
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SECTION 2. Section 401.245, Health and Safety Code, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(g) to read as follows: |
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(a) A compact waste disposal facility license holder who |
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receives low-level radioactive waste for disposal pursuant to the |
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Texas Low-Level Radioactive Waste Disposal Compact established |
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under Chapter 403 shall have collected a waste disposal fee, in an |
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amount established by commission rule, to be paid by each person who |
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delivers low-level radioactive waste to the compact waste disposal |
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facility for disposal. |
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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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based on the projected annual volume of low-level radioactive waste |
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received, the relative hazard presented by each type of low-level |
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radioactive waste that is generated by the users of radioactive |
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materials, and the costs identified in Section 401.246. The |
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commission shall adopt fees for all compact waste, including |
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nonparty compact waste as defined by Section 401.208. |
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(g) The commission may not establish and may not permit the |
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compact waste disposal facility license holder to establish a |
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compact waste disposal fee before the commission by rule |
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establishes the fees required by Subsection (a), and no waste may be |
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accepted by the compact waste disposal facility until the |
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commission has established the fees required by Subsection (a). |
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SECTION 3. Subsection (b), Section 401.248, Health and |
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Safety Code, is amended to read as follows: |
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(b) The state may enter into compacts with another state or |
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several states for the disposal in this state of low-level |
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radioactive waste only if the compact: |
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(1) limits the total volume of all low-level |
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radioactive waste to be disposed of in this state from the other |
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party state or party states to 20 percent of the annual average of |
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low-level radioactive waste that the governor projects will be |
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produced in this state from the years 1995 through 2045; |
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(2) gives this state full administrative control over |
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management and operation of the compact waste disposal facility; |
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(3) requires the other state or states to join this |
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state in any legal action necessary to prevent states that are not |
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members of the compact from disposing of low-level radioactive |
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waste at the compact waste disposal facility; |
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(4) allows this state to charge a fee for the disposal |
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of low-level radioactive waste at the compact waste disposal |
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facility; |
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(5) requires the other state or states to join in any |
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legal action involving liability from the compact waste disposal |
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facility; |
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(6) requires the other state or states to share the |
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full cost of constructing the compact waste disposal facility; |
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(7) allows this state to regulate, in accordance with |
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federal law, the means and routes of transportation of the |
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low-level radioactive waste in this state; |
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(8) requires the other state or states to pay for |
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community assistance projects selected by the host county in an |
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amount not less than $1 million or 10 percent of the amount |
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contributed by the other state or states; |
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(9) is agreed to by the Texas Legislature, the |
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legislature of the other state or states, and the United States |
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Congress; and |
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(10) complies with all applicable federal law. |
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SECTION 4. 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 |
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STATES. (a) Notwithstanding any other provision of law, Act of |
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the legislature or the executive branch, or any other agreement, |
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the initial payment of $12.5 million due from each nonhost party |
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state under Section 5.01 of the compact established under Section |
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403.006 is due not later than November 1, 2003. In accordance with |
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Section 7.01 of the compact, the host state establishes the |
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following terms and conditions for a state to become a party state |
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to the compact after January 1, 2011: |
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(1) the state must make an initial payment of half of |
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the total amount due to the host state under Subsection (b) and |
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Section 5.01(b) of the compact on the later of September 1, 2011, or |
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the date the state becomes a party state; and |
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(2) the state must pay the remainder of the amount owed |
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on the later of the date of the opening of the compact waste |
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disposal facility or the date the facility first accepts waste from |
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the state. |
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(b) Each state that becomes a party state: |
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(1) after January 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) The requirements of this section apply to a state that |
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becomes a party state after January 1, 2011, regardless of whether |
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the state had previously been a party to the compact. A state that |
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has withdrawn as a party state shall pay the previously committed |
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fee of $25 million in addition to the fees set in Subsection (b). |
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(d) A payment made under this section may not be refunded, |
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even if a party state withdraws from the compact. |
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(e) 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 5. In accordance with Section 4.04(5) of the Texas |
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Low-Level Radioactive Waste Disposal Contract, the Texas |
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Commission on Environmental Quality shall conduct, not later than |
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September 1, 2012, a study regarding low-level radioactive waste |
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generated by both party and nonparty states to the compact that |
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includes a projection of the volume and radioactivity of the waste. |
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The Texas Low-Level Radioactive Waste Disposal Compact Commission |
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shall use this study to anticipate future capacity of the site. The |
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Texas Commission on Environmental Quality shall submit the results |
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of the study to the appropriate committees of the legislature not |
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later than January 1, 2013. |
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SECTION 6. 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. |