Bill Text: TX HB2184 | 2011-2012 | 82nd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the disposal of low-level radioactive waste under the Texas Low-Level Radioactive Waste Disposal Compact.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2011-04-20 - Committee report sent to Calendars [HB2184 Detail]

Download: Texas-2011-HB2184-Introduced.html

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82R12204 T
By: Lewis H.B. No. 2184

A BILL TO BE ENTITLED
AN ACT
relating to the identification, modification, generation, and
enhancement of new and existing state revenue streams from certain
new and existing programs, processes, and procedures involving the
state's policy in regard to the disposition of certain low-level
radioactive waste and in protection of the general health, safety,
and welfare of the state's citizens, including the prohibition on
importation of waste of international origin and the establishment
of certain fees and limits on waste disposal to maximize state
revenue.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds that in the current
climate that necessitates making difficult legislative decisions
and choices involving a significant and broadly-based shortfall and
deficit in state financial and budget matters that the
identification, generation, and enhancement of new state revenue
streams from both new and existing state programs and initiatives
are urgent matters of major state policy. To this end, the
legislature further finds that this urgent matter of major state
policy is effectuated by the identification, modification,
generation, and enhancement of new and existing state revenue
streams from both new and existing programs, processes, and
procedures involving the state's policy in regard to the
disposition of certain low-level radioactive waste and in the
protection of the general health, safety, and welfare of the
citizens of this state. The successful implementation of the goals
of these legislative findings through this Act is found to be an
urgent matter of major state policy.
SECTION 2. Section 401.2005, Health and Safety Code, is
amended by adding Subdivisions (8) and (9) to read as follows:
(8) "Non-regional waste" means low-level radioactive
waste that is not generated in a host state or a party state but has
been approved for importation to this state by the compact
commission under Section 3.05 of the compact established under
Section 403.006. Except as otherwise provided by Section
401.245(i), non-regional waste is considered to be compact waste as
defined by Subdivision (1).
(9) "Waste of international origin" means low-level
radioactive waste that originates outside the United States or a
territory of the United States.
SECTION 3. Section 401.207, Health and Safety Code, is
amended to read as follows:
Sec. 401.207. OUT-OF-STATE WASTE. (a) The compact waste
disposal facility license holder may not accept low-level
radioactive waste generated in another state for disposal under a
license issued by the commission unless the waste is:
(1) accepted under a compact to which the state is a
contracting party;
(2) federal facility waste that the license holder is
licensed to dispose of under Section 401.216; or
(3) generated from manufactured sources or devices
originating in this state.
(b) The compact waste disposal facility license holder is
entitled to accept for disposal at the compact waste disposal
facility non-regional waste that is classified as Class A, Class B,
or Class C low-level radioactive waste to the extent the acceptance
does not diminish the disposal volume available to non-host party
states.
(c) The acceptance for disposal of waste of international
origin at the compact waste disposal facility is prohibited.
SECTION 4. Section 401.2445, Health and Safety Code, is
amended to read as follows:
Sec. 401.2445. STATE FEE. (a) 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.
(b) In addition to the five percent fee payable for waste
described by Subsection (a), the compact waste disposal facility
license holder each quarter shall transfer to the state general
revenue fund an additional five percent of the gross receipts from
the disposal at the compact waste disposal facility of non-regional
waste that is classified as Class A, Class B, or Class C low-level
radioactive waste. As a result, the state will receive total
general revenue funding in the amount of 10 percent on compact waste
accepted for disposal by the compact commission from other states
and territories of the United States not currently parties to the
compact commission.
(c) The fee payable under Subsection (b) does not apply to
low-level radioactive waste that is generated in a host state or a
party state. Instead of being subject to the additional fee
described by Subsection (b), a non-party state may become a member
of the Texas compact in accordance with the applicable provisions
of the compact established under Section 403.006, including payment
of the party state contribution of $25 million required under
Section 5.01 of the compact and payment of an additional fee of $15
million, resulting in the amount of $40 million due to the state of
Texas. One-half of the party state contribution and additional
fee, a total of $20 million that is nonrefundable, shall be paid on
acceptance into the Texas compact by the Texas Legislature and on
satisfaction of conditions prescribed by Section 7.02 of the
compact established under Section 403.006. The balance of the
party state contribution is payable on final approval by the party
state's governing body and prior to any acceptance for disposal of
Class A, Class B, or Class C low-level radioactive waste.
(d) Eligibility to become a party state under this section
is also subject to the following additional terms and conditions:
(1) after September 1, 2015, a state that seeks to
become a party state must pay a fee of $60 million to the state
general revenue fund; this subdivision expires September 1, 2020;
and
(2) in addition to the applicable prescribed fees, a
state that has previously withdrawn as a party state and that seeks
to become a party state at any time after September 1, 2011, must
pay the previously committed and withdrawn fee of $25 million to the
state general revenue fund.
SECTION 5. Section 401.245, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsections (g), (h),
and (i) to read as follows:
(b) The commission by rule shall adopt and periodically
revise compact waste disposal fees according to a schedule that is
based on the projected annual volume of low-level radioactive waste
received, the relative hazard presented by each type of low-level
radioactive waste that is generated by [the] users of radioactive
materials, and is sufficient to reasonably support the commission's
oversight of the compact waste disposal facility and the activities
of the Texas Low-Level Radioactive Waste Disposal Compact
Commission [the costs identified in Section 401.246].
(g) The compact waste disposal fees are in addition to the
maximum disposal rates established by the commission under Sections
401.245-401.247 for the disposal of low-level radioactive waste
generated in a host state or party state at the compact waste
disposal facility. To maximize general revenue for the state, and
notwithstanding any provision in this code to the contrary, the
compact waste disposal facility license holder may contract with a
willing generator for the disposal of low-level radioactive waste
at the compact waste disposal facility at fees and rates that
reflect the mutual agreement of the license holder and generator
and may dispose of waste pursuant to the contract at any time prior
to the adoption by the commission of compact waste disposal fees or
maximum disposal rates.
(h) Compact generators, located in the compact states of
Texas and Vermont, are not required to enter into any contract with
the compact waste disposal facility license holder prior to the
adoption by the commission of compact waste disposal fees or
maximum disposal rates. The commission's executive director is
granted interim rate-making authority and is otherwise authorized
to establish appropriate interim rate-making to facilitate the
implementation of this subsection.
(i) Notwithstanding any provision in this code to the
contrary, the disposal of non-regional waste at the compact waste
disposal facility may not at any time be subject to maximum disposal
rates established by the commission. Additionally, in establishing
the maximum disposal rates for generators in the host state and
party state, the commission shall assume that non-regional waste
will be accepted for disposal at the compact waste disposal
facility and may not consider the historical operating losses
incurred by the compact waste disposal facility license holder
prior to operations. Those losses shall be recovered by the compact
waste facility license holder solely through revenues from the
disposal of non-regional waste. The revenues above the maximum
disposal rates established under Sections 401.245 - 401.247 may not
be applied to generators in the host state and party state.
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, 2011.