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  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