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A BILL TO BE ENTITLED
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AN ACT
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relating to 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. Section 401.207, Health and Safety Code, is |
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amended by amending Subsections (e) and (e-2) and adding Subsection |
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(l) to read as follows: |
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(e) The compact waste disposal facility license holder may |
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not collect a fee under this section or enter into a contract for |
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the disposal of nonparty low-level radioactive waste that has been |
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designated as Class A low-level radioactive waste under 10 C.F.R. |
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Section 61.55 and commission rule unless the waste is |
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containerized. [The compact waste disposal facility license holder
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may collect a fee and dispose of:
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[(1) not more than the greater of:
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[(A)
1.167 million
curies of
nonparty compact
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waste; or
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[(B)
an amount of
nonparty compact waste equal to
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30
percent of
the initial
licensed capacity of
the facility;
and
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[(2)
not more than 275,000
curies of
nonparty compact
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waste in
any fiscal year.] |
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(e-2) The commission's executive director, on completion of |
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a [the] study under Section 401.208, may prohibit the license |
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holder from continuing to accept [accepting any additional] |
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nonparty compact waste if the commission determines from the study |
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that the capacity of the facility will be limited[, regardless of
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whether the limit under Subsection (f) has been reached]. |
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(l) This section does not restrict or alter the authority of |
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the Texas Low-Level Radioactive Waste Disposal Compact Commission |
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under this chapter or Chapter 403 to review, approve, deny, or place |
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conditions on the importation of nonparty compact waste to this |
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state. |
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SECTION 2. Sections 401.208(a), (c), and (e), Health and |
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Safety Code, are amended to read as follows: |
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(a) At least once every four years, the [The] commission |
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shall conduct a study on the available volume and curie capacity of |
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the compact waste disposal facility for the disposal of party state |
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compact waste and nonparty compact waste. |
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(c) The [Not later than December 1, 2016, the] commission |
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shall submit a final report of the results of the study to the |
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standing committees of the senate and the house of representatives |
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with jurisdiction over the disposal of low-level radioactive waste. |
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(e) The commission may conduct a study described by |
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Subsection (a) at any time [after December 1, 2012,] if the |
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commission determines that a study is necessary. |
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SECTION 3. Section 401.216(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) [The commission may license the compact waste disposal
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facility
license holder to dispose of
federal facility
waste.] The |
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commission may license federal facility waste disposal only at a |
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separate and distinct facility that is operated exclusively for the |
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disposal of federal facility waste and that is adjacent to the |
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compact waste disposal facility. |
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SECTION 4. Section 401.2456(c), Health and Safety Code, is |
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amended to read as follows: |
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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[, as applicable:
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[(1)] the compact waste disposal fees under Section |
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401.245 as set by the commission that are in effect at the time the |
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rates are negotiated[; or
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[(2)
the interim compact waste disposal fees under
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Section 401.2455 as set by the commission's executive director that
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are in effect at the time the rates are negotiated]. |
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SECTION 5. Chapter 403, Health and Safety Code, is amended |
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by adding Section 403.0056 to read as follows: |
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Sec. 403.0056. COMPACT FACILITY CAPACITY. (a) In this |
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section, "compact facility," "generator," "operator," and "party |
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state" have the meanings assigned by the Texas Low-Level |
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Radioactive Waste Disposal Compact. |
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(b) The operator shall reserve disposal capacity in the |
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amounts of four million cubic feet and three million curies for |
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party state compact waste. The reserved capacity and curies are |
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immediately set aside for party state compact waste. The |
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commission, the operator, and the Texas Commission on Environmental |
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Quality shall ensure that: |
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(1) the reservation is maintained until the completion |
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of decommissioning of all the nuclear electric generation |
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facilities in the party states; and |
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(2) 20 percent of the volume and curie capacity |
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reserved for party states is allotted to compact waste generated in |
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Vermont. |
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(c) For the purposes of operator licensing decisions based |
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on storage capacity, the Texas Commission on Environmental Quality |
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shall consider the disposal capacity reserved for party state |
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compact waste under Subsection (b) as disposed. |
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(d) When the compact facility reaches 80 percent of its |
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as-built disposal capacity as measured by volume or curie, or when |
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one of the party state nuclear electric generation facilities |
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executes a contract for decommissioning, the operator shall |
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discontinue accepting waste from nonparty states until: |
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(1) construction is completed on a new disposal cell |
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that provides at least an additional one million cubic feet of |
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airspace capacity, as certified and stamped by an individual |
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licensed as an engineer under Chapter 1001, Occupations Code; or |
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(2) the operator executes a performance bond or other |
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instrument of financial assurance determined to be acceptable by |
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the Texas Commission on Environmental Quality that is conditioned |
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on the completion of a new disposal cell at the compact facility. |
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(e) This section does not restrict or alter the authority |
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of: |
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(1) the Texas Commission on Environmental Quality |
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under Chapter 401 to regulate the operator in accordance with |
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license terms or agency rules; or |
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(2) the commission under Chapter 401 or this chapter |
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to review, approve, deny, or place conditions on the importation of |
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nonparty compact waste to this state. |
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SECTION 6. The following sections of the Health and Safety |
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Code are repealed: |
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(1) Section 401.005; |
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(2) Sections 401.207(d-1), (d-2), (d-3), (e-1), and |
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(f); |
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(3) Sections 401.216(b), (c), and (e); and |
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(4) Section 401.2455. |
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SECTION 7. The Texas Commission on Environmental Quality |
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shall submit the first report required under Section 401.208, |
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Health and Safety Code, as amended by this Act, not later than |
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December 1, 2020. |
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SECTION 8. 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, 2017. |