Bill Text: TX HB2662 | 2017-2018 | 85th Legislature | Enrolled
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-Enrolled.html
H.B. No. 2662 |
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relating to the Texas Low-Level Radioactive Waste Disposal Compact | ||
waste disposal facility; reducing a surcharge; eliminating a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. (a) Section 401.207(g), Health and Safety Code, | ||
is amended to read as follows: | ||
(g) The commission shall assess a surcharge for the disposal | ||
of nonparty compact waste at the compact waste disposal | ||
facility. The surcharge is 10 [ |
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rate under Section 401.2456 and must be assessed in addition to the | ||
total contracted rate under that section. | ||
(b) Effective September 1, 2019, Section 401.207(g), Health | ||
and Safety Code, is amended to read as follows: | ||
(g) The commission shall assess a surcharge for the disposal | ||
of nonparty compact waste at the compact waste disposal | ||
facility. The surcharge is 20 percent of the total contracted rate | ||
under Section 401.2456 and must be assessed in addition to the total | ||
contracted rate under that section. | ||
SECTION 2. Section 401.208, Health and Safety Code, is | ||
amended by amending Subsections (a), (c), and (e) and adding | ||
Subsection (a-1) 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. | ||
(a-1) In order to conduct the study under this section, the | ||
commission may require a generator of low-level radioactive waste | ||
to provide annually: | ||
(1) information reasonably necessary to evaluate the | ||
adequacy of the capacity of the compact waste disposal facility as | ||
accurately as possible, including the amount in volume and curies | ||
that the generator intends to export or dispose of at a facility | ||
other than the compact waste disposal facility; | ||
(2) the amount in volume and curies of low-level | ||
radioactive waste that was stored on-site at the generator's | ||
facility in the preceding year; and | ||
(3) the length of time waste was stored at the | ||
generator's facility. | ||
(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 3. (a) Section 401.2445, Health and Safety Code, is | ||
repealed. | ||
(b) Effective September 1, 2019, Subchapter F, Chapter 401, | ||
Health and Safety Code, is amended by adding Section 401.2445 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 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. | ||
SECTION 4. Chapter 403, Health and Safety Code, is amended | ||
by adding Section 403.0056 to read as follows: | ||
Sec. 403.0056. ASSESSMENT OF COMPACT FACILITY BY | ||
LEGISLATIVE OVERSIGHT COMMITTEE. (a) In this section, "compact | ||
facility" has the meaning assigned by the Texas Low-Level | ||
Radioactive Waste Disposal Compact. | ||
(b) A legislative oversight committee is created for the | ||
purpose of assessing the compact facility. | ||
(c) The committee is composed of the following members: | ||
(1) the chair of the House Committee on Environmental | ||
Regulation; | ||
(2) a member of the house of representatives who | ||
represents the county in which the compact facility is located; | ||
(3) a member of the house of representatives appointed | ||
by the speaker of the house of representatives; | ||
(4) the chair of the Senate Committee on Natural | ||
Resources and Economic Development; | ||
(5) a member of the senate who represents the county in | ||
which the compact facility is located; | ||
(6) a member of the senate appointed by the lieutenant | ||
governor; | ||
(7) the chair of the commission; and | ||
(8) a person appointed by each nonhost party state as | ||
provided by the laws of that state. | ||
(d) The chair of the House Committee on Environmental | ||
Regulation and the chair of the Senate Committee on Natural | ||
Resources and Economic Development shall serve as co-chairs. | ||
(e) An appointed member of the committee serves at the | ||
pleasure of the appointing official. | ||
(f) The committee shall consider and make recommendations | ||
regarding: | ||
(1) the annual fixed costs incurred by the operator of | ||
the compact facility; | ||
(2) the party state compact waste disposal fees | ||
established in rule by the Texas Commission on Environmental | ||
Quality in accordance with Section 401.245; | ||
(3) the contract review process as carried out by the | ||
Texas Commission on Environmental Quality; | ||
(4) the relationship between the state, party state | ||
generators, and operator as it relates to the operation of the | ||
compact facility; | ||
(5) the contingency plan required under the Texas | ||
Low-Level Radioactive Waste Disposal Compact; | ||
(6) the need for and effects of fees and surcharges | ||
assessed for disposal of waste in the compact facility, including | ||
the fees and surcharges assessed under the following sections: | ||
(A) Section 401.052(b)(5); | ||
(B) Section 401.207(g); | ||
(C) Section 401.245; and | ||
(D) Section 401.246(a)(6); | ||
(7) the cost of a state-run compact facility and the | ||
effect a state-run facility would have on rates and generators in | ||
compact states; and | ||
(8) any other matters the committee determines are | ||
relevant to the compact facility and oversight of the compact | ||
facility. | ||
(g) The committee may request reports and other information | ||
from the commission and the Texas Commission on Environmental | ||
Quality as necessary to carry out this section. | ||
(h) Not later than December 1, 2018, the committee shall | ||
submit a final report of the results of the assessment to the | ||
committees of the senate and the house of representatives with | ||
jurisdiction over the disposal of low-level radioactive waste. | ||
(i) The committee is abolished and this section expires | ||
December 31, 2018. | ||
SECTION 5. 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 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, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2662 was passed by the House on May 6, | ||
2017, by the following vote: Yeas 127, Nays 7, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 2662 on May 24, 2017, by the following vote: Yeas 137, Nays 5, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2662 was passed by the Senate, with | ||
amendments, on May 23, 2017, by the following vote: Yeas 28, Nays | ||
3. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |