Bill Text: TX HB2269 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the operations of the Texas Low-Level Radioactive Waste Disposal Compact waste disposal facility.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-11 - Considered in Calendars [HB2269 Detail]
Download: Texas-2019-HB2269-Comm_Sub.html
86R20304 SLB-F | |||
By: Landgraf | H.B. No. 2269 | ||
Substitute the following for H.B. No. 2269: | |||
By: Lozano | C.S.H.B. No. 2269 |
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relating to the operations of the Texas Low-Level Radioactive Waste | ||
Disposal Compact waste disposal facility. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter F, Chapter 401, Health and Safety | ||
Code, is amended by adding Sections 401.2065 and 401.2066 to read as | ||
follows: | ||
Sec. 401.2065. RESERVED CAPACITY FOR PARTY STATE WASTE. | ||
(a) The following are reserved for the exclusive use of party state | ||
compact waste disposal in the compact waste disposal facility: | ||
(1) the greater of: | ||
(A) three million total cubic feet; or | ||
(B) the required volume identified by the | ||
commission under Section 401.208; and | ||
(2) the greater of: | ||
(A) two million total curies; or | ||
(B) the required curie capacity identified by the | ||
commission under Section 401.208. | ||
(b) Of the reserved volume and curie capacity described by | ||
Subsection (a): | ||
(1) 80 percent is reserved for compact waste generated | ||
in the host state; and | ||
(2) 20 percent is reserved for compact waste generated | ||
in nonhost party states. | ||
Sec. 401.2066. CORRECTION FOR DECAY IN DETERMINING | ||
CAPACITY. The commission shall correct for radioactive decay in | ||
determining licensed disposal curie capacity in a compact waste | ||
disposal facility under this subchapter. | ||
SECTION 2. Sections 401.207(e-2) and (g), Health and Safety | ||
Code, are amended to read as follows: | ||
(e-2) The commission's executive director, on completion of | ||
the study under Section 401.208, may prohibit the license holder | ||
from accepting any additional nonparty compact waste if the | ||
commission determines from the study that the capacity of the | ||
facility will be limited, regardless of whether the facility has | ||
the constructed capacity required by Section 401.2075(a) [ |
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(g) The commission shall assess a surcharge for the disposal | ||
of nonparty compact waste at the compact waste disposal facility. | ||
The surcharge is five [ |
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under Section 401.2456 and must be assessed in addition to the total | ||
contracted rate under that section. | ||
SECTION 3. Subchapter F, Chapter 401, Health and Safety | ||
Code, is amended by adding Section 401.2075 to read as follows: | ||
Sec. 401.2075. LIMITATION ON NONPARTY COMPACT WASTE. (a) | ||
The compact waste disposal facility license holder may accept | ||
nonparty compact waste at the facility only if: | ||
(1) the waste is authorized by the compact commission; | ||
and | ||
(2) the facility has not less than three years' worth | ||
of constructed capacity based on the average amount of party state | ||
compact waste disposed in the preceding five years, not including: | ||
(A) low-level radioactive waste from | ||
decommissioned nuclear electric generation facilities; | ||
(B) oversized low-level radioactive waste | ||
components; or | ||
(C) low-level radioactive waste from | ||
nonrecurring events. | ||
(b) If a compact waste disposal facility does not have | ||
sufficient constructed capacity as described by Subsection (a), in | ||
order to be permitted to accept nonparty compact waste, the compact | ||
waste disposal facility license holder must: | ||
(1) add constructed capacity sufficient to meet the | ||
requirements of Subsection (a); or | ||
(2) file and have approved by the commission a | ||
performance bond acceptable to the commission conditioned on the | ||
construction of additional constructed capacity sufficient to meet | ||
the requirements of Subsection (a). | ||
(c) If a nuclear electric generation facility in a party | ||
state has notified the federal commission that the facility will be | ||
decommissioned, and the time-phased decommissioning schedule and | ||
the Post-Shutdown Decommissioning Activities Report indicate that | ||
low-level radioactive waste is to be disposed of at the compact | ||
waste disposal facility, the compact waste disposal facility | ||
license holder must have constructed adequate disposal capacity at | ||
the time of the disposal of waste from the decommissioning. | ||
(d) The compact waste disposal facility license holder must | ||
obtain an amendment to the facility operating license to increase | ||
the allowable curie capacity by two million curies when the compact | ||
waste disposal facility has reached 80 percent of the total curies | ||
for which the facility is licensed. | ||
SECTION 4. Subchapter F, Chapter 401, Health and Safety | ||
Code, is amended by adding Section 401.2465 to read as follows: | ||
Sec. 401.2465. WASTE DISPOSAL FEE COMPARISON. (a) The | ||
compact waste disposal facility license holder shall conduct and | ||
provide to the commission an annual comparison of party state and | ||
nonparty state compact waste disposal fees. The comparison: | ||
(1) must include: | ||
(A) the total invoiced compact waste disposal | ||
fees; | ||
(B) the total volume of compact waste disposed; | ||
and | ||
(C) an average disposal fee calculated by | ||
dividing the total invoiced compact waste disposal fees by the | ||
total volume of compact waste disposed; and | ||
(2) may not include information regarding disposal | ||
fees or disposal volume for: | ||
(A) low-level radioactive waste from | ||
decommissioned nuclear electric generation facilities; | ||
(B) oversized low-level radioactive waste | ||
components; or | ||
(C) low-level radioactive waste from | ||
nonrecurring events. | ||
(b) If the average compact waste disposal fee charged to | ||
party state generators exceeds the average compact waste disposal | ||
fee charged to nonparty state generators, the compact waste | ||
disposal facility license holder must issue a rebate for the | ||
preceding year's fees to the party state generators in an amount | ||
sufficient to reduce the average compact waste disposal fee charged | ||
to party state generators after the rebate to $1 less than the | ||
average compact waste disposal fee charged to nonparty state | ||
generators. | ||
(c) The compact waste disposal facility license holder | ||
shall allocate the rebate issued under Subsection (b) according to | ||
the fractional amount of the total compact waste disposal fees paid | ||
by each generator based on the compact waste disposal facility | ||
license holder's records for the preceding year. | ||
(d) Not more often than once per year, on written request of | ||
a nuclear electric generation utility operating in a party state, | ||
the compact waste disposal facility license holder shall: | ||
(1) retain an independent auditor, who must be | ||
approved by the compact waste disposal facility license holder and | ||
the utility making the request, to evaluate the computation of the | ||
average compact waste disposal fee and rebate described by this | ||
section; and | ||
(2) not later than the 30th day after the date the | ||
license holder receives the final audit report, make a copy of the | ||
report available to the requesting utility, the governor, the | ||
lieutenant governor, the speaker of the house of representatives, | ||
and each standing committee of the legislature with jurisdiction | ||
over environmental matters. | ||
SECTION 5. Sections 401.271(a) and (b), Health and Safety | ||
Code, are amended to read as follows: | ||
(a) A holder of a license issued by the commission under | ||
this chapter that authorizes the disposal of a radioactive | ||
substance from other persons shall remit each quarter an amount | ||
equal to five [ |
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received from disposal operations under the [ |
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county in accordance with Sections 401.244(b) and (d). | ||
(b) Subsection (a) does not apply to [ |
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industrial solid waste as defined by Section 361.003. | ||
SECTION 6. The following provisions of the Health and | ||
Safety Code are repealed: | ||
(1) Sections 401.207(d-1), (d-2), (d-3), (e), (e-1), | ||
(f), and (h-1); | ||
(2) Section 401.2445; and | ||
(3) Sections 401.2456(b), (c), (d), and (e). | ||
SECTION 7. This Act takes effect September 1, 2019. |