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.