H.B. No. 2662

	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