|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the operations of the Texas Low-Level Radioactive Waste |
|
Disposal Compact waste disposal facility. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter F, Chapter 401, Health and Safety |
|
Code, is amended by adding Sections 401.2065 and 401.2066 to read as |
|
follows: |
|
Sec. 401.2065. RESERVED CAPACITY FOR PARTY STATE WASTE. |
|
(a) The following are reserved for the exclusive use of party state |
|
compact waste disposal in the compact waste disposal facility: |
|
(1) the greater of: |
|
(A) three million total cubic feet; or |
|
(B) the required volume identified by the |
|
commission under Section 401.208; and |
|
(2) the greater of: |
|
(A) two million total curies; or |
|
(B) the required curie capacity identified by the |
|
commission under Section 401.208. |
|
(b) Of the reserved volume and curie capacity described by |
|
Subsection (a): |
|
(1) 80 percent is reserved for compact waste generated |
|
in the host state; and |
|
(2) 20 percent is reserved for compact waste generated |
|
in nonhost party states. |
|
Sec. 401.2066. CORRECTION FOR DECAY IN DETERMINING |
|
CAPACITY. The commission shall correct for radioactive decay in |
|
determining licensed disposal curie capacity in a compact waste |
|
disposal facility under this subchapter. |
|
SECTION 2. Sections 401.207(e-2) and (g), Health and Safety |
|
Code, are amended to read as follows: |
|
(e-2) 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 facility has |
|
the constructed capacity required by Section 401.2075(a) [limit
|
|
under Subsection (f) has been reached]. |
|
(g) The commission shall assess a surcharge for the disposal |
|
of nonparty compact waste at the compact waste disposal facility. |
|
The surcharge is five [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. |
|
SECTION 3. Subchapter F, Chapter 401, Health and Safety |
|
Code, is amended by adding Section 401.2075 to read as follows: |
|
Sec. 401.2075. LIMITATION ON NONPARTY COMPACT WASTE. (a) |
|
The compact waste disposal facility license holder may accept |
|
nonparty compact waste at the facility only if: |
|
(1) the waste is authorized by the compact commission; |
|
and |
|
(2) the facility has not less than three years' worth |
|
of constructed capacity based on the average amount of party state |
|
compact waste disposed in the preceding five years, not including: |
|
(A) low-level radioactive waste from |
|
decommissioned nuclear electric generation facilities; |
|
(B) oversized low-level radioactive waste |
|
components; or |
|
(C) low-level radioactive waste from |
|
nonrecurring events. |
|
(b) If a compact waste disposal facility does not have |
|
sufficient constructed capacity as described by Subsection (a), in |
|
order to be permitted to accept nonparty compact waste, the compact |
|
waste disposal facility license holder must: |
|
(1) add constructed capacity sufficient to meet the |
|
requirements of Subsection (a); or |
|
(2) file and have approved by the commission a |
|
performance bond acceptable to the commission conditioned on the |
|
construction of additional constructed capacity sufficient to meet |
|
the requirements of Subsection (a). |
|
(c) If a nuclear electric generation facility in a party |
|
state has notified the federal commission that the facility will be |
|
decommissioned, and the time-phased decommissioning schedule and |
|
the Post-Shutdown Decommissioning Activities Report indicate that |
|
low-level radioactive waste is to be disposed of at the compact |
|
waste disposal facility, the compact waste disposal facility |
|
license holder must have constructed adequate disposal capacity at |
|
the time of the disposal of waste from the decommissioning. |
|
(d) The compact waste disposal facility license holder must |
|
obtain an amendment to the facility operating license to increase |
|
the allowable curie capacity by two million curies when the compact |
|
waste disposal facility has reached 80 percent of the total curies |
|
for which the facility is licensed. |
|
SECTION 4. Subchapter F, Chapter 401, Health and Safety |
|
Code, is amended by adding Section 401.2465 to read as follows: |
|
Sec. 401.2465. WASTE DISPOSAL FEE COMPARISON. (a) The |
|
compact waste disposal facility license holder shall conduct and |
|
provide to the commission an annual comparison of party state and |
|
nonparty state compact waste disposal fees. The comparison: |
|
(1) must include: |
|
(A) the total invoiced compact waste disposal |
|
fees; |
|
(B) the total volume of compact waste disposed; |
|
and |
|
(C) an average disposal fee calculated by |
|
dividing the total invoiced compact waste disposal fees by the |
|
total volume of compact waste disposed; and |
|
(2) may not include information regarding disposal |
|
fees or disposal volume for: |
|
(A) low-level radioactive waste from |
|
decommissioned nuclear electric generation facilities; |
|
(B) oversized low-level radioactive waste |
|
components; or |
|
(C) low-level radioactive waste from |
|
nonrecurring events. |
|
(b) If the average compact waste disposal fee charged to |
|
party state generators exceeds the average compact waste disposal |
|
fee charged to nonparty state generators, the compact waste |
|
disposal facility license holder must issue a rebate for the |
|
preceding year's fees to the party state generators in an amount |
|
sufficient to reduce the average compact waste disposal fee charged |
|
to party state generators after the rebate to $1 less than the |
|
average compact waste disposal fee charged to nonparty state |
|
generators. |
|
(c) The compact waste disposal facility license holder |
|
shall allocate the rebate issued under Subsection (b) according to |
|
the fractional amount of the total compact waste disposal fees paid |
|
by each generator based on the compact waste disposal facility |
|
license holder's records for the preceding year. |
|
(d) Not more often than once per year, on written request of |
|
a nuclear electric generation utility operating in a party state, |
|
the compact waste disposal facility license holder shall: |
|
(1) retain an independent auditor, who must be |
|
approved by the compact waste disposal facility license holder and |
|
the utility making the request, to evaluate the computation of the |
|
average compact waste disposal fee and rebate described by this |
|
section; and |
|
(2) not later than the 30th day after the date the |
|
license holder receives the final audit report, make a copy of the |
|
report available to the requesting utility, the governor, the |
|
lieutenant governor, the speaker of the house of representatives, |
|
and each standing committee of the legislature with jurisdiction |
|
over environmental matters. |
|
SECTION 5. Sections 401.271(a) and (b), Health and Safety |
|
Code, are amended to read as follows: |
|
(a) A holder of a license issued by the commission under |
|
this chapter that authorizes the disposal of a radioactive |
|
substance from other persons shall remit each quarter an amount |
|
equal to five [10] percent of the license holder's gross receipts |
|
received from disposal operations under the [a] license [issued
|
|
under this chapter that occur after the effective date of the Act
|
|
enacting this section as follows:
|
|
[(1)
five percent shall be remitted to the comptroller
|
|
for deposit to the credit of the general revenue fund; and
|
|
[(2) five percent shall be remitted] to the host |
|
county in accordance with Sections 401.244(b) and (d). |
|
(b) Subsection (a) does not apply to [compact waste or
|
|
federal facility waste as defined by Section 401.2005 or] |
|
industrial solid waste as defined by Section 361.003. |
|
SECTION 6. The following provisions of the Health and |
|
Safety Code are repealed: |
|
(1) Sections 401.207(d-1), (d-2), (d-3), (e), (e-1), |
|
(f), and (h-1); |
|
(2) Section 401.2445; and |
|
(3) Sections 401.2456(b), (c), (d), and (e). |
|
SECTION 7. This Act takes effect September 1, 2019. |