|
|
|
|
AN ACT
|
|
relating to the Texas Low-Level Radioactive Waste Disposal Compact |
|
waste disposal facility; reducing a surcharge; eliminating a fee. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. (a) Section 401.207(g), Health and Safety Code, |
|
is amended to read as follows: |
|
(g) The commission shall assess a surcharge for the disposal |
|
of nonparty compact waste at the compact waste disposal |
|
facility. The surcharge is 10 [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. |
|
(b) Effective September 1, 2019, Section 401.207(g), Health |
|
and Safety Code, is amended to read as follows: |
|
(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. |
|
SECTION 2. Section 401.208, Health and Safety Code, is |
|
amended by amending Subsections (a), (c), and (e) and adding |
|
Subsection (a-1) to read as follows: |
|
(a) At least once every four years, the [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. |
|
(a-1) In order to conduct the study under this section, the |
|
commission may require a generator of low-level radioactive waste |
|
to provide annually: |
|
(1) information reasonably necessary to evaluate the |
|
adequacy of the capacity of the compact waste disposal facility as |
|
accurately as possible, including the amount in volume and curies |
|
that the generator intends to export or dispose of at a facility |
|
other than the compact waste disposal facility; |
|
(2) the amount in volume and curies of low-level |
|
radioactive waste that was stored on-site at the generator's |
|
facility in the preceding year; and |
|
(3) the length of time waste was stored at the |
|
generator's facility. |
|
(c) The [Not later than December 1, 2016, 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. |
|
(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. |
|
SECTION 3. (a) Section 401.2445, Health and Safety Code, is |
|
repealed. |
|
(b) Effective September 1, 2019, Subchapter F, Chapter 401, |
|
Health and Safety Code, is amended by adding Section 401.2445 to |
|
read as follows: |
|
Sec. 401.2445. STATE FEE. The compact waste disposal |
|
facility license holder each quarter shall transfer to the state |
|
general revenue fund five percent of the gross receipts from: |
|
(1) compact waste received at the compact waste |
|
disposal facility; and |
|
(2) any federal facility waste received at a federal |
|
facility waste disposal facility licensed under Section 401.216. |
|
SECTION 4. Chapter 403, Health and Safety Code, is amended |
|
by adding Section 403.0056 to read as follows: |
|
Sec. 403.0056. ASSESSMENT OF COMPACT FACILITY BY |
|
LEGISLATIVE OVERSIGHT COMMITTEE. (a) In this section, "compact |
|
facility" has the meaning assigned by the Texas Low-Level |
|
Radioactive Waste Disposal Compact. |
|
(b) A legislative oversight committee is created for the |
|
purpose of assessing the compact facility. |
|
(c) The committee is composed of the following members: |
|
(1) the chair of the House Committee on Environmental |
|
Regulation; |
|
(2) a member of the house of representatives who |
|
represents the county in which the compact facility is located; |
|
(3) a member of the house of representatives appointed |
|
by the speaker of the house of representatives; |
|
(4) the chair of the Senate Committee on Natural |
|
Resources and Economic Development; |
|
(5) a member of the senate who represents the county in |
|
which the compact facility is located; |
|
(6) a member of the senate appointed by the lieutenant |
|
governor; |
|
(7) the chair of the commission; and |
|
(8) a person appointed by each nonhost party state as |
|
provided by the laws of that state. |
|
(d) The chair of the House Committee on Environmental |
|
Regulation and the chair of the Senate Committee on Natural |
|
Resources and Economic Development shall serve as co-chairs. |
|
(e) An appointed member of the committee serves at the |
|
pleasure of the appointing official. |
|
(f) The committee shall consider and make recommendations |
|
regarding: |
|
(1) the annual fixed costs incurred by the operator of |
|
the compact facility; |
|
(2) the party state compact waste disposal fees |
|
established in rule by the Texas Commission on Environmental |
|
Quality in accordance with Section 401.245; |
|
(3) the contract review process as carried out by the |
|
Texas Commission on Environmental Quality; |
|
(4) the relationship between the state, party state |
|
generators, and operator as it relates to the operation of the |
|
compact facility; |
|
(5) the contingency plan required under the Texas |
|
Low-Level Radioactive Waste Disposal Compact; |
|
(6) the need for and effects of fees and surcharges |
|
assessed for disposal of waste in the compact facility, including |
|
the fees and surcharges assessed under the following sections: |
|
(A) Section 401.052(b)(5); |
|
(B) Section 401.207(g); |
|
(C) Section 401.245; and |
|
(D) Section 401.246(a)(6); |
|
(7) the cost of a state-run compact facility and the |
|
effect a state-run facility would have on rates and generators in |
|
compact states; and |
|
(8) any other matters the committee determines are |
|
relevant to the compact facility and oversight of the compact |
|
facility. |
|
(g) The committee may request reports and other information |
|
from the commission and the Texas Commission on Environmental |
|
Quality as necessary to carry out this section. |
|
(h) Not later than December 1, 2018, the committee shall |
|
submit a final report of the results of the assessment to the |
|
committees of the senate and the house of representatives with |
|
jurisdiction over the disposal of low-level radioactive waste. |
|
(i) The committee is abolished and this section expires |
|
December 31, 2018. |
|
SECTION 5. The Texas Commission on Environmental Quality |
|
shall submit the first report required under Section 401.208, |
|
Health and Safety Code, as amended by this Act, not later than |
|
December 1, 2020. |
|
SECTION 6. 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, 2017. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 2662 was passed by the House on May 6, |
|
2017, by the following vote: Yeas 127, Nays 7, 2 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 2662 on May 24, 2017, by the following vote: Yeas 137, Nays 5, |
|
2 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 2662 was passed by the Senate, with |
|
amendments, on May 23, 2017, by the following vote: Yeas 28, Nays |
|
3. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |