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.