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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 at the |
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Texas Low-Level Radioactive Waste Disposal Compact waste disposal |
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facility. |
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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 amending Subdivision (1) and adding Subdivisions (1-a), |
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(1-b), (6-a), (8), and (9) to read as follows: |
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(1) "Compact" means the Texas Low-Level Radioactive |
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Waste Disposal Compact established under Section 403.006. |
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(1-a) "Compact waste" means low-level radioactive |
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waste that: |
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(A) is originally generated onsite in a host |
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state or a party state; or |
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(B) is not generated in a host state or a party |
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state but has been approved for importation to this state by the |
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compact commission under Section 3.05 of the compact [established
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under Section 403.006]. |
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(1-b) "Curie capacity" means the amount of the |
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radioactivity of the waste that may be accepted by the compact waste |
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disposal facility as determined by the commission in the compact |
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waste disposal facility license. |
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(6-a) "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 under Section 3.05(6) of the compact. |
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(8) "Party state compact waste" means low-level |
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radioactive waste generated in a party state. |
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(9) "Waste of international origin" means low-level |
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radioactive waste that originates outside of the United States or a |
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territory of the United States, including waste subsequently stored |
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or processed in 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; NONPARTY COMPACT WASTE. |
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(a) The compact waste disposal facility license holder may not |
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accept low-level radioactive waste generated in another state for |
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disposal under a license issued by the commission unless the waste |
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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 in accordance with the compact waste |
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disposal facility license 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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not accept waste of international origin for disposal at the |
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facility. |
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(d) 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 does not meet the waste characteristics |
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and waste forms for disposal applicable to compact waste as set |
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forth by the commission in the compact waste disposal facility |
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license. |
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(e) The compact waste disposal facility license holder may |
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not accept more than 50,000 total cubic feet of nonparty compact |
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waste annually. The compact waste disposal facility license holder |
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may not accept more than 120,000 curies of nonparty compact waste |
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annually. The legislature by general law may establish revised |
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limits after considering the results of the study under Section |
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401.208. |
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(e-1) The commission's executive director, on completion of |
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the study under Section 401.208, may prohibit the license holder |
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from accepting any additional nonparty compact waste if the |
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commission determines from the study that the capacity of the |
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facility will be limited. |
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(f) The compact waste disposal facility license holder may |
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not accept a volume of nonparty compact waste that would exceed 30 |
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percent of the total volume and radioactivity established for the |
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facility by the commission in the compact waste disposal facility |
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license. |
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(g) 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 20 percent of the total contracted rate under |
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Section 401.2456 and must be assessed in addition to the total |
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contracted rate under that section. |
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(h) A surcharge collected under Subsection (g) shall be |
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deposited to the credit of the low-level radioactive waste fund. |
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SECTION 3. 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. 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 party state |
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compact waste and nonparty compact waste. |
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(b) The commission shall consider and make recommendations |
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regarding: |
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(1) the future volume and curie capacity needs of |
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party state and nonparty state generators and any additional |
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reserved capacity 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; |
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(3) the necessity of containerization of the waste; |
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and |
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(4) the effects of the projected volume and |
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radioactivity of the waste on the health and safety of the public. |
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(c) Not later than December 1, 2012, 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. |
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(d) The Texas Low-Level Radioactive Waste Disposal Compact |
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Commission shall use the study to anticipate the future capacity |
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needs of the compact waste disposal facility. |
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SECTION 4. The heading to Section 401.245, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 401.245. PARTY STATE COMPACT WASTE DISPOSAL FEES. |
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SECTION 5. Section 401.245, Health and Safety Code, is |
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amended by amending Subsections (a) and (b) and adding Subsections |
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(g) and (h) to read as follows: |
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(a) A compact waste disposal facility license holder who |
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receives party state compact [low-level radioactive] waste for |
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disposal pursuant to the compact [Texas Low-Level Radioactive Waste
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Disposal Compact established under Chapter 403] shall have |
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collected a waste disposal fee to be paid by each person who |
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delivers party state compact [low-level radioactive] waste to the |
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compact waste disposal facility for disposal. |
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(b) The commission by rule shall adopt and periodically |
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revise party state compact waste disposal fees under this section |
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according to a schedule that is based on the projected annual volume |
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of low-level radioactive waste received, the relative hazard |
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presented by each type of low-level radioactive waste that is |
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generated by the users of radioactive materials, and the costs |
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identified in Section 401.246. |
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(g) For the purposes of a contested case involving the |
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adoption of fees under this section, only a party state generator of |
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low-level radioactive waste may be considered an interested person. |
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(h) The administrative law judge assigned to the contested |
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case involving the adoption of fees under this section shall issue a |
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proposal for decision on fees proposed by the commission not later |
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than the first anniversary of the date the case is referred by the |
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commission. |
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SECTION 6. Subchapter F, Chapter 401, Health and Safety |
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Code, is amended by adding Sections 401.2455 and 401.2456 to read as |
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follows: |
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Sec. 401.2455. INTERIM PARTY STATE COMPACT WASTE DISPOSAL |
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FEES. (a) The executive director may establish interim party |
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state compact waste disposal fees effective only for the period |
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beginning on the date the compact waste disposal facility license |
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holder is approved to accept waste at the disposal facility and |
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ending on the effective date of the rules establishing the fees |
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under Section 401.245. |
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(b) An extension of the period during which interim rates |
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apply may not be granted. If the commission has not adopted and |
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implemented fees under Section 401.245 before the expiration of the |
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period under Subsection (a), all disposal at the compact waste |
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disposal facility must cease until the fees are adopted. |
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Sec. 401.2456. CONTRACTS FOR NONPARTY COMPACT WASTE |
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DISPOSAL. (a) Except as provided by Subsection (d), at any time |
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after the commission has granted approval to begin operating the |
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compact waste disposal facility, the compact waste disposal |
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facility license holder may contract rates with nonparty compact |
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waste generators for the disposal of nonparty compact waste at the |
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facility in accordance with the compact waste disposal facility |
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license. |
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(b) Rates set under this section are subject to review and |
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approval by the executive director. |
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(c) Rates negotiated under this section must be set both by |
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a price per curie and a price per cubic foot. Fees resulting from |
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the negotiated rates must be greater than: |
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(1) the compact waste disposal fees under Section |
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401.245 as set by the commission; and |
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(2) the interim compact waste disposal fees under |
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Section 401.2455 as set by the executive director. |
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(d) If the commission has not adopted and implemented fees |
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under Section 401.245 before the date specified by Section |
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401.2455(a), all contracts negotiated under this section are void |
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and disposal at the compact waste facility must cease until the |
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rules have been adopted and implemented. |
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SECTION 7. Subsection (a), Section 401.246, Health and |
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Safety Code, is amended to read as follows: |
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(a) Party state compact [Compact] waste disposal fees |
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adopted by the commission under Section 401.245 must be sufficient |
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to: |
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(1) allow the compact waste facility license holder to |
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recover costs of operating and maintaining the compact waste |
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disposal facility and a reasonable profit on the operation of that |
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facility; |
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(2) provide an amount necessary to meet future costs |
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of decommissioning, closing, and postclosure maintenance and |
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surveillance of the compact waste disposal facility and the compact |
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waste disposal facility portion of the disposal facility site; |
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(3) provide an amount to fund local public projects |
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under Section 401.244; |
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(4) provide a reasonable rate of return on capital |
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investment in the facilities used for management or disposal of |
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compact waste at the compact waste disposal facility; and |
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(5) provide an amount necessary to pay compact waste |
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disposal facility licensing fees, to pay compact waste disposal |
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facility fees set by rule or statute, and to provide security for |
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the compact waste disposal facility as required by the commission |
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under law and commission rules. |
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SECTION 8. 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 projected to be disposed of [that the
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governor projects will be produced] in this state from [the years] |
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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 9. 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. |
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(a) Notwithstanding any other provision of law, Act of the |
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legislature or the executive branch, or any other agreement, the |
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initial payment of $12.5 million due from each nonhost party state |
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under Section 5.01 of the compact established under Section 403.006 |
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is due not later than November 1, 2003. In accordance with Section |
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7.01 of the compact, the host state establishes the following terms |
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and conditions for a state to become a party state to the compact |
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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) on the |
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later of September 1, 2011, or the date the state becomes a party |
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state; and |
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(2) the state must pay the remainder of the amount owed |
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under Subsection (b) on the later of the date of the opening of the |
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compact waste disposal facility or the date the facility first |
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accepts waste from 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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2018, shall contribute a total of $30 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, 2018, and before |
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September 1, 2023, shall contribute $50 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 10. Section 401.271, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) A holder of a license or permit issued by the commission |
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under this chapter or Chapter 361 that authorizes the management, |
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other than disposal, of a radioactive or hazardous substance for |
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other persons shall remit each quarter to the commission for |
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deposit into the general revenue fund an amount equal to 20 percent |
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of the license or permit holder's gross receipts received for |
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management of the substance for any period exceeding one year. |
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SECTION 11. Subsection (d), Section 401.248, Health and |
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Safety Code, is repealed. |
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SECTION 12. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2011. |
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