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

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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-Comm_Sub.html

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82R19738 E
By: Lewis H.B. No. 2184
Substitute the following for H.B. No. 2184:
By: Cook C.S.H.B. No. 2184

A BILL TO BE ENTITLED
AN ACT
relating to the disposal of low-level radioactive waste under the
Texas Low-Level Radioactive Waste Disposal Compact.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 401.2005, Health and Safety Code, is
amended by adding Subdivisions (2-a), (3-a), (6-a), (6-b), and (8)
to read as follows:
(2-a) "Curie capacity" means the amount of the
radioactivity of the waste accepted by the compact waste disposal
facility.
(3-a) "Disposal rate" is the total amount that the
compact waste disposal facility license holder charges a generator
of low-level radioactive waste for the disposal of that waste.
(6-a) "Maximum disposal rate" is the maximum amount
set by the commission that a compact waste disposal facility
license holder may charge for the disposal of compact waste
generated by a party state.
(6-b) "Nonparty compact waste" means low-level
radioactive waste imported from a state other than a party state as
authorized by Section 3.05(6) of the compact under Section 403.006.
(8) "Waste of international origin" means low-level
radioactive waste that originates outside the United States or a
territory of the United States.
SECTION 2. 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 may
accept for disposal at the compact waste disposal facility nonparty
compact 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 or curie capacity available to party
states.
(c) The compact waste disposal facility license holder may
accept for disposal at the compact waste disposal facility nonparty
compact waste that is incidentally commingled with party state
compact waste at a commercial processing facility.
(d) The compact waste disposal facility license holder may
not accept waste of international origin for disposal at the
facility.
SECTION 3. Subchapter F, Chapter 401, Health and Safety
Code, is amended by adding Sections 401.2075 and 401.208 to read as
follows:
Sec. 401.2075. CAPACITY LIMITATIONS. Of the total initial
licensed capacity of the compact waste disposal facility:
(1) 50 percent of the volume and curie capacity shall
be reserved for compact waste generated in the host state; and
(2) 20 percent of the volume and curie capacity shall
be reserved for compact waste generated in Vermont.
Sec. 401.208. STUDY OF CAPACITY. (a) The commission shall
conduct a study on the available volume and curie capacity of the
compact waste disposal facility for the disposal of compact waste
generated in party states.
(b) The commission shall consider and make recommendations
regarding:
(1) the future revised volume and curie capacity needs
of party state generators and any additional reserved capacity
necessary to meet those needs;
(2) the result of using decay factors in revising
curie capacity limits in the license; and
(3) the necessity of containerization of the waste.
(c) Not later than December 1, 2012, the commission shall
submit a preliminary report of the results of the study based on
available data to the standing committees of the senate and the
house of representatives with jurisdiction over the disposal of
low-level radioactive waste.
(d) Not later than December 1, 2014, 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. The
commission's executive director, upon completion of the final
report referenced in this subsection, shall be authorized to
prohibit the license holder from accepting any additional waste
generated in nonparty states if there is a finding in the
commission's report that there will be a capacity limitation.
(e) The commission may conduct a study described by
Subsection (a) at any time after December 1, 2014, if the commission
determines that a study is necessary.
SECTION 4. Section 401.215, Health and Safety Code, is
amended to read as follows:
Sec. 401.215. ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE.
Subject to limitations provided by Sections 401.207, 401.2075, and
401.248, the compact waste disposal facility shall accept for
disposal all compact waste that is presented to it and that is
properly processed and packaged.
SECTION 5. Section 401.2445, Health and Safety Code, is
amended 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:
(1) five percent of the gross receipts from:
(A) [(1)] compact waste received at the compact
waste disposal facility; and
(B) [(2)] any federal facility waste received at
a federal facility waste disposal facility licensed under Section
401.216; and
(2) 10 percent of the gross receipts from the disposal
at the compact waste disposal facility of nonparty compact waste
that is classified as Class A, Class B, or Class C low-level
radioactive waste.
SECTION 6. Section 401.245(b), Health and Safety Code, is
amended to read as follows:
(b) The commission by rule shall adopt and periodically
revise compact waste disposal fees according to a schedule that is:
(1) based on:
(A) the projected annual volume of low-level
radioactive waste received; and
(B) [,] the relative hazard presented by each
type of low-level radioactive waste received; [that is generated by
the users of radioactive materials,] and
(2) 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].
SECTION 7. Subchapter F, Chapter 401, Health and Safety
Code, is amended by adding Sections 401.2455, 401.2456, 401.2457,
and 401.2458 to read as follows:
Sec. 401.2455. MAXIMUM DISPOSAL RATES. (a) The commission
by rule shall set maximum disposal rates.
(b) Maximum disposal rates do not apply to generators of
nonparty compact waste.
(c) In establishing the maximum disposal rates for
generators in the host state and party states, the commission:
(1) shall assume that nonparty compact waste will be
accepted for disposal at the compact waste disposal facility at the
maximum disposal rate; and
(2) may not consider the historical operating losses
incurred by the compact waste disposal facility license holder
before beginning operations.
(d) Historical operating losses incurred by the compact
waste disposal facility license holder before beginning operations
may be recovered by the license holder solely through revenues from
the disposal of nonparty compact waste.
(e) The commission shall determine the amount of historical
operating losses by the compact waste disposal facility license
holder that have been incurred before the license holder begins
operations at the compact waste disposal facility. In determining
the amount of historical operating losses, the commission:
(1) may only consider the costs, expenses, and
expenditures established as true and accurate by the license
holder;
(2) shall include:
(A) any cost, expense, or expenditure incurred or
paid by the license holder before September 1, 2003, except for
costs, expenses, or expenditures associated with real property used
for the compact waste disposal facility site;
(B) losses relating to the development and
operation of any facility other than the compact waste disposal
facility;
(C) any other losses or factors that the
commission determines are appropriate; and
(D) a reasonable rate of return on the items
described by Paragraphs (A), (B), and (C); and
(3) may not include reasonable and necessary
expenditures by the license holder for the compact waste disposal
facility incurred on or after September 1, 2003, for:
(A) any asset related to plant, property,
equipment, or working capital; or
(B) permitting or licensing.
(f) In determining the amount of historical operating
losses under Subsection (e), the commission shall request and the
compact waste disposal facility license holder shall file in
response to the request a proposed amount of historical operating
losses based on verifiable financial statements, supporting
information, and analysis. The commission shall solicit and
consider comments from compact generators regarding the license
holder's proposed historical operating losses, and shall determine
the amount of historical operating losses not later than the 90th
day after the date the commission receives the proposed amount of
the historical operating losses from the license holder.
Sec. 401.2456. CONTRACTS FOR WASTE DISPOSAL. (a) At any
time before the adoption by the commission of compact waste
disposal fees or maximum disposal rates, the compact waste disposal
facility license holder may contract with a generator for the
disposal of low-level radioactive waste at the compact waste
disposal facility at fees and rates established under the contract
and may dispose of waste under the contract. A contract under this
subsection is subject to authorization by the compact commission
under Section 3.05(6) of the compact under Section 403.006.
(b) 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 before the
adoption by the commission of compact waste disposal fees or
maximum disposal rates.
(c) Regardless of whether the commission approves or
disapproves a contract authorized under this section, after the
adoption of final disposal fees under Section 401.245 or final
maximum disposal rates under Section 401.2455, the parties to the
contract are not entitled to any refund or surcharge not contained
in the contract.
Sec. 401.2457. INTERIM FEES AND RATES. (a) The
commission's executive director may set interim disposal fees and
interim maximum disposal rates according to commission rules.
(b) The compact waste disposal facility license holder
shall charge generators in the host state and party states fees and
rates consistent with the interim fees and rates while the interim
fees or rates are in effect. A generator is not entitled to a
refund, and may not be charged a surcharge, for the disposal of
waste under interim fees or rates once the final fees or rates have
been adopted.
Sec. 401.2458. CONSIDERATIONS IN CONTRACT APPROVAL. After
the commission adopts compact waste disposal fees under Section
401.245 and maximum disposal rates under Section 401.2455, in
approving contracts between the compact waste disposal facility
license holder and a compact generator, the commission may
consider, subject to reasonable rules of confidentiality, the net
revenues recovered by the compact waste disposal facility license
holder from the disposal of nonparty compact waste.
SECTION 8. Section 401.250, Health and Safety Code, is
amended to read as follows:
Sec. 401.250. PAYMENTS BY PARTY STATES. (a)
Notwithstanding any other provision of law, Act of the legislature
or the executive branch, or any other agreement, the initial
payment of $12.5 million due from each nonhost party state under
Section 5.01 of the compact established under Section 403.006 is
due not later than November 1, 2003. In accordance with Section
7.01 of the compact under Section 403.006, the host state
establishes the following terms and conditions for a state to
become a party state to the compact after September 1, 2011:
(1) the state seeking to become a party state must make
an initial payment of half of the total amount due to the host state
under Subsection (b) of this section on the later of September 1,
2011, or the date the state becomes a party state; and
(2) the state seeking to become a party state must pay
the remainder of the amount owed under Subsection (b) before the
date the facility first accepts waste from the state.
(b) Each state that becomes a party state:
(1) after September 1, 2011, and before September 1,
2015, shall contribute a total of $40 million to the host state,
including the initial payment under Subsection (a)(1); and
(2) on or after September 1, 2015, and before
September 1, 2020, shall contribute $60 million to the host state,
including the initial payment under Subsection (a)(1).
(c) A payment made under Subsection (a)(1) may not be
refunded, even if a party state withdraws from the compact.
(d) In addition to the fees described by Subsection (b), a
state that has previously withdrawn as a party state and that seeks
to become a party state on or after September 1, 2011, must pay the
previously committed and withdrawn fee of $25 million to the host
state.
(e) The host county, as defined by Section 2.01 of the
compact under Section 403.006, shall receive 10 percent of the
payments made under this section.
(f) This section prevails over any other law or agreement in
conflict or inconsistent with this section.
SECTION 9. This Act takes effect September 1, 2011.