Texas 2019 - 86th Regular

Texas House Bill HB2269 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R20304~~ SLB-F
	1	+	86R11222 SLB-F
2	2		By: Landgraf H.B. No. 2269
3		-	Substitute the following for H.B. No. 2269:
4		-	By: Lozano C.S.H.B. No. 2269
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the operations of the Texas Low-Level Radioactive Waste
10	8		Disposal Compact waste disposal facility.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Subchapter F, Chapter 401, Health and Safety
13	11		Code, is amended by adding Sections 401.2065 and 401.2066 to read as
14	12		follows:
15	13		Sec. 401.2065. RESERVED CAPACITY FOR PARTY STATE WASTE.
16	14		(a) The following are reserved for the exclusive use of party state
17	15		compact waste disposal in the compact waste disposal facility:
18	16		(1) the greater of:
19		-	(A) three million total cubic feet; or
	17	+	(A) three million total cubic feet; and
20	18		(B) the required volume identified by the
21	19		commission under Section 401.208; and
22	20		(2) the greater of:
23		-	(A) two million total curies; or
	21	+	(A) two million total curies; and
24	22		(B) the required curie capacity identified by the
25	23		commission under Section 401.208.
26	24		(b) Of the reserved volume and curie capacity described by
27	25		Subsection (a):
28	26		(1) 80 percent is reserved for compact waste generated
29	27		in the host state; and
30	28		(2) 20 percent is reserved for compact waste generated
31	29		in nonhost party states.
32	30		Sec. 401.2066. CORRECTION FOR DECAY IN DETERMINING
33	31		CAPACITY. The commission shall correct for radioactive decay in
34	32		determining licensed disposal curie capacity in a compact waste
35	33		disposal facility under this subchapter.
36		-	SECTION 2. Sections 401.207(~~e-2~~) and (g), Health and Safety
	34	+	SECTION 2. Sections 401.207(d) and (g), Health and Safety
37	35		Code, are amended to read as follows:
38		-	(e-2) The commission's executive director, on completion of
39		-	the study under Section 401.208, may prohibit the license holder
40		-	from accepting any additional nonparty compact waste if the
41		-	commission determines from the study that the capacity of the
42		-	facility will be limited, regardless of whether the facility has
43		-	the constructed capacity required by Section 401.2075(a) [limit
44		-	under Subsection (f) has been reached].
	36	+	(d) The compact waste disposal facility license holder may
	37	+	not accept for disposal at the compact waste disposal facility
	38	+	nonparty compact waste that does not meet the waste characteristics
	39	+	and waste forms for disposal applicable to compact waste as set
	40	+	forth by the commission in the compact waste disposal facility
	41	+	license. Before the license holder may accept nonparty compact
	42	+	waste for disposal, the commission must certify [through a written
	43	+	evaluation] that the waste is authorized for disposal under the
	44	+	license. If the disposal is not authorized under the license, the
	45	+	commission must inform the license holder of the license amendments
	46	+	necessary to authorize the disposal.
45	47		(g) The commission shall assess a surcharge for the disposal
46	48		of nonparty compact waste at the compact waste disposal facility.
47	49		The surcharge is five [20] percent of the total contracted rate
48	50		under Section 401.2456 and must be assessed in addition to the total
49	51		contracted rate under that section.
50	52		SECTION 3. Subchapter F, Chapter 401, Health and Safety
51	53		Code, is amended by adding Section 401.2075 to read as follows:
52	54		Sec. 401.2075. LIMITATION ON NONPARTY COMPACT WASTE. (a)
53	55		The compact waste disposal facility license holder may accept
54	56		nonparty compact waste at the facility only if:
55	57		(1) the waste is authorized by the compact commission;
56	58		and
57	59		(2) the facility has not less than three years' worth
58	60		of constructed capacity based on the average amount of party state
59	61		compact waste disposed in the preceding five years, not including:
60	62		(A) low-level radioactive waste from
61	63		decommissioned nuclear electric generation facilities;
62	64		(B) oversized low-level radioactive waste
63	65		components; or
64	66		(C) low-level radioactive waste from
65	67		nonrecurring events.
66	68		(b) If a compact waste disposal facility does not have
67	69		sufficient constructed capacity as described by Subsection (a), in
68	70		order to be permitted to accept nonparty compact waste, the compact
69	71		waste disposal facility license holder must:
70	72		(1) add constructed capacity sufficient to meet the
71		-	requirements of Subsection (a); or
	73	+	requirements of Subsection (a);
72	74		(2) file and have approved by the commission a
73	75		performance bond acceptable to the commission conditioned on the
74	76		construction of additional constructed capacity sufficient to meet
75		-	the requirements of Subsection (a).
76		-	(c) If a nuclear electric generation facility in a party
77		-	state has notified the federal commission that the facility will be
78		-	decommissioned, and the time-phased decommissioning schedule and
79		-	the Post-Shutdown Decommissioning Activities Report indicate that
80		-	low-level radioactive waste is to be disposed of at the compact
81		-	waste disposal facility, the compact waste disposal facility
82		-	license holder must have constructed adequate disposal capacity at
83		-	the time of the disposal of waste from the decommissioning.
	77	+	the requirements of Subsection (a); or
	78	+	(3) take an alternative action approved by a majority
	79	+	of the nuclear electric generation utilities operating in the party
	80	+	states.
	81	+	(c) If a party state has notified the federal commission
	82	+	that a nuclear electric generation facility located in the state
	83	+	will be decommissioned, and the time-phased decommissioning
	84	+	schedule and the Post-Shutdown Decommissioning Activities Report
	85	+	indicate that low-level radioactive waste is to be disposed of at
	86	+	the compact waste disposal facility, the compact waste disposal
	87	+	facility license holder must have constructed adequate disposal
	88	+	capacity at the time of the disposal of waste from the
	89	+	decommissioning.
84	90		(d) The compact waste disposal facility license holder must
85	91		obtain an amendment to the facility operating license to increase
86	92		the allowable curie capacity by two million curies when the compact
87	93		waste disposal facility has reached 80 percent of the total curies
88	94		for which the facility is licensed.
89	95		SECTION 4. Subchapter F, Chapter 401, Health and Safety
90	96		Code, is amended by adding Section 401.2465 to read as follows:
91	97		Sec. 401.2465. WASTE DISPOSAL FEE COMPARISON. (a) The
92		-	compact waste disposal facility license holder shall conduct ~~and~~
93		-	~~provide to the commission an~~ annual comparison of party state and
94		-	~~nonparty state compact waste~~ disposal fees. The comparison:
	98	+	compact waste disposal facility license holder shall conduct an
	99	+	annual comparison of party state and nonparty state compact waste
	100	+	disposal fees. The comparison:
95	101		(1) must include:
96	102		(A) the total invoiced compact waste disposal
97	103		fees;
98	104		(B) the total volume of compact waste disposed;
99	105		and
100	106		(C) an average disposal fee calculated by
101	107		dividing the total invoiced compact waste disposal fees by the
102	108		total volume of compact waste disposed; and
103	109		(2) may not include information regarding disposal
104	110		fees or disposal volume for:
105	111		(A) low-level radioactive waste from
106	112		decommissioned nuclear electric generation facilities;
107	113		(B) oversized low-level radioactive waste
108	114		components; or
109	115		(C) low-level radioactive waste from
110	116		nonrecurring events.
111	117		(b) If the average compact waste disposal fee charged to
112	118		party state generators exceeds the average compact waste disposal
113	119		fee charged to nonparty state generators, the compact waste
114	120		disposal facility license holder must issue a rebate for the
115	121		preceding year's fees to the party state generators in an amount
116	122		sufficient to reduce the average compact waste disposal fee charged
117	123		to party state generators after the rebate to $1 less than the
118	124		average compact waste disposal fee charged to nonparty state
119	125		generators.
120	126		(c) The compact waste disposal facility license holder
121	127		shall allocate the rebate issued under Subsection (b) according to
122	128		the fractional amount of the total compact waste disposal fees paid
123	129		by each generator based on the compact waste disposal facility
124	130		license holder's records for the preceding year.
125		-	(d) ~~Not more often than once per year,~~ on written request of
126		-	~~a nuclear electric generation~~ utility operating in a party state,
127		-	~~the compact waste disposal~~ facility license holder shall:
	131	+	(d) On written request of a nuclear electric generation
	132	+	utility operating in a party state, the compact waste disposal
	133	+	facility license holder shall:
128	134		(1) retain an independent auditor, who must be
129	135		approved by the compact waste disposal facility license holder and
130	136		the utility making the request, to evaluate the computation of the
131	137		average compact waste disposal fee and rebate described by this
132	138		section; and
133		-	(2) not later than the ~~30th~~ day after the date the
	139	+	(2) not later than the 90th day after the date the
134	140		license holder receives the final audit report, make a copy of the
135		-	report available to the requesting utility, the governor, the
136		-	lieutenant governor, the speaker of the house of representatives,
137		-	and each standing committee of the legislature with jurisdiction
138		-	over environmental matters.
	141	+	report available to the requesting utility.
139	142		SECTION 5. Sections 401.271(a) and (b), Health and Safety
140	143		Code, are amended to read as follows:
141	144		(a) A holder of a license issued by the commission under
142	145		this chapter that authorizes the disposal of a radioactive
143	146		substance from other persons shall remit each quarter an amount
144	147		equal to five [10] percent of the license holder's gross receipts
145	148		received from disposal operations under the [a] license [issued
146	149		under this chapter that occur after the effective date of the Act
147	150		enacting this section as follows:
148	151		[(1) five percent shall be remitted to the comptroller
149	152		for deposit to the credit of the general revenue fund; and
150	153		[(2) five percent shall be remitted] to the host
151	154		county in accordance with Sections 401.244(b) and (d).
152	155		(b) Subsection (a) does not apply to [compact waste or
153	156		federal facility waste as defined by Section 401.2005 or]
154	157		industrial solid waste as defined by Section 361.003.
155	158		SECTION 6. The following provisions of the Health and
156	159		Safety Code are repealed:
157		-	(1) Sections 401.207(d-1), (d-2), (d-3), (e), (e-1),
158		-	(f), and (h-1);
159		-	(2) Section 401.2445; and
160		-	(3) Sections 401.2456(b), (c), (d), and (e).
	160	+	(1) Section 401.202(c);
	161	+	(2) Sections 401.207(d-1), (d-2), (d-3), (e), (e-1),
	162	+	(e-2), (f), and (h-1);
	163	+	(3) Section 401.241(b);
	164	+	(4) Section 401.2445; and
	165	+	(5) Sections 401.2456(b), (c), (d), and (e).
161	166		SECTION 7. This Act takes effect September 1, 2019.