Bill Text: TX HB2662 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the Texas Low-Level Radioactive Waste Disposal Compact waste disposal facility; reducing a surcharge; eliminating a fee.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2017-06-15 - See remarks for effective date [HB2662 Detail]
Download: Texas-2017-HB2662-Introduced.html
Bill Title: Relating to the Texas Low-Level Radioactive Waste Disposal Compact waste disposal facility; reducing a surcharge; eliminating a fee.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2017-06-15 - See remarks for effective date [HB2662 Detail]
Download: Texas-2017-HB2662-Introduced.html
By: Landgraf | H.B. No. 2662 |
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relating to the Texas Low-Level Radioactive Waste Disposal Compact | ||
waste disposal facility. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 401.053, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 401.053. CLASSIFICATION SYSTEM FOR LOW-LEVEL | ||
RADIOACTIVE WASTE. The department shall use the [ |
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classification system for low-level radioactive waste that is | ||
established by the federal commission [ |
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that low-level radioactive waste can be managed safely and | ||
compatibly. | ||
SECTION 2. Section 401.207, Health and Safety Code, is | ||
amended by amending Subsections (e), and (e-2) and adding | ||
Subsection (1) to read as follows: | ||
(e) The compact waste disposal facility license holder may | ||
not collect a fee under this section or enter into a contract for | ||
the disposal of nonparty low-level radioactive waste that has been | ||
designated as Class A low-level radioactive waste under 10 C.F.R. | ||
Section 61.55 and commission rule unless the waste is | ||
containerized. The compact waste disposal facility license holder | ||
may, before September 1, 2027, collect a fee for and dispose of | ||
nonparty compact radioactive waste in an amount not to exceed: | ||
(1) 2.75 million curies; or | ||
(2) an amount greater than the amount under | ||
Subdivision (1) as specified by the license holder if the Texas | ||
Low-Level Radioactive Waste Disposal Compact Commission determines | ||
that the license holder has shown good cause for the greater amount, | ||
considering: | ||
(A) the existing limits in the facility license, | ||
including radioactivity and volume limits in curies and cubic feet; | ||
(B) the as-built disposal capacity available in | ||
the facility to party state generators; | ||
(C) any expansion of the facility's disposal | ||
capacity that is actively under construction; | ||
(D) the potential effects of the proposed limit | ||
increase on the performance assessment of the facility; | ||
(E) the potential effects of the proposed limit | ||
increase on the health and safety of the employees; and | ||
(F) any other factor considered relevant by the | ||
Texas Low-Level Radioactive Waste Disposal Compact Commission[ |
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(e-2) The commission's executive director, on completion of | ||
a [ |
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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 limit under | ||
Subsection (e) [ |
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(1) This section does not restrict or alter the authority of | ||
the Texas Low-Level Radioactive Waste Disposal Compact Commission | ||
under this chapter or Chapter 403 to approve the importation of | ||
nonparty compact waste to this state. | ||
SECTION 3. Sections 401.208(a), (c), and (e), Health and | ||
Safety Code, are amended to read as follows: | ||
(a) At least once every four years, the [ |
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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. | ||
(c) The [ |
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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 [ |
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commission determines that a study is necessary. | ||
SECTION 4. Section 401.216(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) [ |
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The | ||
commission may license federal facility waste disposal only at a | ||
separate and distinct facility that is operated exclusively for the | ||
disposal of federal facility waste and that is adjacent to the | ||
compact waste disposal facility. | ||
SECTION 5. Chapter 403, Health and Safety Code, is amended | ||
by adding Section 403.0056 to read as follows: | ||
Sec. 403.0056. COMPACT FACILITY CAPACITY. (a) In this | ||
section, "compact facility," "generator," "operator," and "party | ||
state" have the meanings assigned by Section 2.01, Texas Low-Level | ||
Radioactive Waste Disposal Compact (Section 403.006 of this code). | ||
(b) The operator shall reserve disposal capacity in the | ||
amounts of four million cubic feet and three million curies for | ||
party state compact waste. The reserved capacity and curies are | ||
immediately set aside for party sate compact waste. The commission | ||
and the Texas Commission on Environmental Quality shall ensure | ||
that: | ||
(1) the reservation is maintained until the completion | ||
of decommissioning of all of the nuclear electric generation | ||
facilities in the party states; and | ||
(2) 20 percent of the volume and curie capacity | ||
reserved for party states is allotted to compact waste generated in | ||
Vermont. | ||
(c) For the purposes of operator licensing decisions based | ||
on storage capacity, the Texas Commission on Environmental Quality | ||
shall consider the disposal capacity reserved for party state | ||
compact waster under Subsection (b) as disposed. | ||
(d) When the compact facility reaches 90 percent of its | ||
as-built disposal capacity as measured by volume or curie, the | ||
operator shall discontinue accepting waste from nonparty states | ||
until: | ||
(1) construction is completed on a new disposal cell | ||
that provides a least an additional one million cubic feet of | ||
airspace capacity, as certified and stamped by an individual | ||
licensed as an engineer under Chapter 1001, Occupations Code; or | ||
(2) the operator executes a performance bond or other | ||
instrument of financial assurance determined to be acceptable by | ||
the Texas Commission on Environmental Quality that is conditioned | ||
on the completion of a new disposal cell at the compact facility. | ||
SECTION 6. The following sections of the Health and Safety | ||
Code are repealed: | ||
(1) Section 401.005; | ||
(3) Sections 401.207(d-1), (d-2), (d-3), and (f); | ||
(4) Sections 401.216(b), (c), and (e); and | ||
(5) Section 401.2455. | ||
SECTION 7. 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 8. 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. |