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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of radioactive waste; reducing a |
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surcharge; reducing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. LEGISLATIVE FINDINGS |
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SECTION 1.01. DEFINITIONS. In this article: |
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(1) "Combined facility" means the Texas compact waste |
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disposal facility, the federal waste disposal facility, and the |
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Resource Conservation and Recovery Act waste disposal facility in |
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Andrews County, Texas. |
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(2) "Compact" means the Texas Low-Level Radioactive |
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Waste Disposal Compact. |
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SECTION 1.02. FINDINGS. (a) Texas has entered into an |
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interstate compact with Vermont for the disposal of low-level |
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radioactive waste. The Texas Legislature passed the compact in |
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1993 (Chapter 460 (S.B. 1206), Acts of the 73rd Legislature, |
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Regular Session, 1993). The United States Congress ratified the |
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compact by passing the Texas Low-Level Radioactive Waste Disposal |
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Compact Consent Act, Pub. L. No. 105-236, in 1998. The compact |
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remains federal law today. |
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(b) The compact mandates that Texas, as the host state, |
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develop and operate a facility for the disposal of low-level |
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radioactive waste generated within the party states. In exchange, |
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party states (not including the host state) contributed $25 million |
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to the host state. |
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(c) Under the compact, the compact waste disposal facility |
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license holder (on behalf of Texas) has constructed a |
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state-of-the-art facility for the safe and secure disposal of |
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low-level radioactive waste. The compact waste disposal facility |
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site in Andrews County, Texas, was selected due to its location on |
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top of a ridge of 600-foot thick red bed clay in a semiarid and |
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sparsely inhabited area of West Texas, with annual rainfall of less |
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than 16 inches. The combined facility features the most |
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environmentally protective designs in the industry, with |
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below-grade disposal in lined cells that are constructed inside a |
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natural 600-foot formation of almost impermeable Dockum red bed |
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clay. No significant erosion has taken place at the site for the |
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past 60,000 years and there is no reason to expect significant |
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erosion at the site during the next 60,000 years. |
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(d) The combined facility is used to dispose of low-level |
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radioactive waste that is generated by essential components of the |
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Texas economy and way of life, including: |
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(1) Texas' world-renowned research institutions, |
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including its institutions of higher education, which generate |
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radioactive items such as lab equipment, cleaning materials, |
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personal protective equipment, and sample residuals; |
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(2) the oil and gas industry, which generates |
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radioactive items such as downhole logging sources and naturally |
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occurring radioactive material from tank bottoms, filters, and pipe |
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scale; |
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(3) the health care industry, in both rural and urban |
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settings, which generates radioactive items such as lab equipment, |
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cleaning materials, personal protective equipment, and sample |
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residuals; |
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(4) the nuclear power plants located in Glen Rose and |
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Bay City, Texas, which generate radioactive items used for cleanup |
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of reactor water such as ion exchange resins and filters, personal |
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protective equipment, and various equipment that becomes |
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radioactive and that must be replaced or repaired; |
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(5) the United States Department of Energy, including |
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its Pantex facility in Amarillo, which generates radioactive |
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materials from current operations such as protective equipment and |
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which generated radioactive items from past operations such as |
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building debris and contaminated soils; and |
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(6) the State of Texas, including the Department of |
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State Health Services and the Texas Commission on Environmental |
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Quality. |
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(e) The compact waste disposal facility license holder and |
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this state have benefited, and anticipate continuing to benefit, |
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from operation of the existing compact waste disposal facility in |
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Texas. |
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(f) The market for radioactive waste disposal has changed |
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significantly since the original legislation for low-level |
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radioactive waste disposal in Texas was enacted, including improved |
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waste minimization strategies and increased competition for |
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radioactive waste disposal from other facilities including |
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Resource Conservation and Recovery Act disposal sites and municipal |
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landfills. |
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(g) For the Texas compact waste disposal facility to remain |
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economically viable, updates to the economic and competitive |
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aspects of Texas legislation are required. |
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ARTICLE 2. RADIOACTIVE WASTE |
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SECTION 2.01. Section 401.205, Health and Safety Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) In this subsection, "high-level radioactive waste" |
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has the meaning assigned by 42 U.S.C. Section 10101(12) and "spent |
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nuclear fuel" has the meaning assigned by 42 U.S.C. Section |
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10101(23). With the exception of on-site storage by operating |
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nuclear power reactors and operating nuclear test reactors located |
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on university campuses, a person, including the compact waste |
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disposal facility license holder, may not dispose of or store |
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high-level radioactive waste or spent nuclear fuel in this state. |
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SECTION 2.02. Subchapter F, Chapter 401, Health and Safety |
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Code, is amended by adding Sections 401.2065 and 401.2066 to read as |
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follows: |
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Sec. 401.2065. RESERVED CAPACITY FOR PARTY STATE WASTE. |
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(a) The following are reserved for the exclusive use of party state |
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compact waste disposal in the compact waste disposal facility: |
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(1) the greater of: |
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(A) three million total cubic feet; or |
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(B) the required volume identified by the |
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commission under Section 401.208; and |
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(2) the greater of: |
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(A) two million total curies; or |
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(B) the required curie capacity identified by the |
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commission under Section 401.208. |
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(b) Of the reserved volume and curie capacity described by |
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Subsection (a): |
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(1) 80 percent is reserved for compact waste generated |
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in the host state; and |
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(2) 20 percent is reserved for compact waste generated |
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in nonhost party states. |
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Sec. 401.2066. CORRECTION FOR DECAY IN DETERMINING |
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CAPACITY. The commission shall correct for radioactive decay in |
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determining licensed disposal curie capacity in a compact waste |
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disposal facility under this subchapter. |
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SECTION 2.03. Sections 401.207(e-2) and (g), Health and |
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Safety Code, are amended to read as follows: |
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(e-2) 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, regardless of whether the capacity |
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required [limit] under Section 401.2065 is available [Subsection |
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(f) has been reached]. |
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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 five [20] percent of the total contracted rate |
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under 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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SECTION 2.04. Subchapter F, Chapter 401, Health and Safety |
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Code, is amended by adding Section 401.2075 to read as follows: |
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Sec. 401.2075. LIMITATION ON NONPARTY COMPACT WASTE. (a) |
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The compact waste disposal facility license holder may accept |
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nonparty compact waste at the facility only if: |
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(1) the waste is authorized by the compact commission; |
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and |
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(2) the facility has not less than three years' worth |
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of constructed capacity based on the average amount of party state |
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compact waste disposed in the compact waste disposal facility in |
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the preceding five years. |
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(b) If the compact waste disposal facility does not have |
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sufficient constructed capacity as described by Subsection (a), in |
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order to be permitted to accept nonparty compact waste, the compact |
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waste disposal facility license holder must: |
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(1) add constructed capacity sufficient to meet the |
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requirements of Subsection (a); or |
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(2) file and have approved by the commission a bond |
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acceptable to the commission conditioned on the construction of |
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additional constructed capacity sufficient to meet the |
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requirements of Subsection (a). |
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(c) If a utility operating a nuclear electric generation |
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facility in a party state has notified the federal commission that |
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the facility will be decommissioned, and the time-phased |
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decommissioning schedule and the Post-Shutdown Decommissioning |
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Activities Report indicate that low-level radioactive waste is to |
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be disposed of at the compact waste disposal facility, the compact |
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waste disposal facility license holder must have constructed |
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adequate disposal capacity at the time of the disposal of waste from |
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the decommissioning. |
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(d) The compact waste disposal facility license holder must |
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obtain an amendment to the facility operating license to increase |
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the allowable curie capacity by two million curies when the compact |
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waste disposal facility has reached 80 percent of the total curies |
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for which the facility is licensed. |
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SECTION 2.05. Section 401.215, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 401.215. ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE. |
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Except as otherwise provided by this subchapter [Subject to |
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limitations provided by Sections 401.207 and 401.248], the compact |
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waste disposal facility shall accept for disposal all compact waste |
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that is presented to it and that is properly processed and packaged. |
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SECTION 2.06. Section 401.2445, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 401.2445. STATE FEE. The compact waste disposal |
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facility license holder each quarter shall transfer to the state |
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general revenue fund five percent of the gross receipts from[: |
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[(1) compact waste received at the compact waste |
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disposal facility; and |
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[(2)] any federal facility waste received at a federal |
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facility waste disposal facility licensed under Section 401.216. |
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SECTION 2.07. Section 401.2456(b), Health and Safety Code, |
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is amended to read as follows: |
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(b) Rates and contract terms negotiated under this section |
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are subject to periodic review [and approval] by the commission's |
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executive director to ensure that the compact waste facility |
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license holder's contracted rates and terms do not have a |
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long-term, adverse effect on the cumulative surcharges paid to the |
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host state and the host county [they meet all of the requirements of |
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this section]. |
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SECTION 2.08. Subchapter F, Chapter 401, Health and Safety |
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Code, is amended by adding Section 401.2465 to read as follows: |
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Sec. 401.2465. WASTE DISPOSAL FEE COMPARISON. (a) The |
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compact waste disposal facility license holder shall conduct an |
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annual comparison of party state and nonparty state compact waste |
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disposal fees. The comparison must include: |
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(1) an average party state disposal fee calculated by |
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dividing the total invoiced party state compact waste disposal fees |
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by the total volume of party state compact waste disposed; and |
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(2) an average nonparty state disposal fee calculated |
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by dividing the total invoiced nonparty state compact waste |
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disposal fees by the total volume of nonparty state compact waste |
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disposed. |
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(b) If the average party state disposal fee exceeds the |
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average nonparty state disposal fee, the compact waste disposal |
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facility license holder must issue a rebate for the preceding |
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year's fees to the party state generators in an amount sufficient to |
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reduce the average party state disposal fee after the rebate to $1 |
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less than the average nonparty state disposal fee. |
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(c) The compact waste disposal facility license holder |
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shall allocate the rebate issued under Subsection (b) according to |
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the fractional amount of the total compact waste disposal fees paid |
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by each generator based on the compact waste disposal facility |
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license holder's records for the preceding year. |
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(d) Not more often than once per year, on written request of |
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a utility operating a nuclear electric generation facility in a |
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party state, the compact waste disposal facility license holder |
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shall: |
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(1) retain an independent auditor, who must be |
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approved by the compact waste disposal facility license holder and |
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the utility making the request, to evaluate the computation of the |
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average compact waste disposal fee and rebate described by this |
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section; and |
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(2) not later than the 30th day after the date the |
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license holder receives the final audit report, make a copy of the |
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report available to the requesting utility, the governor, the |
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lieutenant governor, the speaker of the house of representatives, |
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and each standing committee of the legislature with jurisdiction |
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over environmental matters. |
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SECTION 2.09. The following provisions of the Health and |
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Safety Code are repealed: |
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(1) Sections 401.207(d-1), (d-2), (d-3), (e), (e-1), |
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(f), and (h-1); and |
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(2) Sections 401.2456(c), (d), and (e). |
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ARTICLE 3. EFFECTIVE DATE |
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SECTION 3.01. This Act takes effect September 1, 2021. |