Texas 2021 - 87th Regular

Texas Senate Bill SB1046 Compare Versions

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	1	+	87R9377 SLB-D
1	2		By: Birdwell, Seliger S.B. No. 1046
2		-	(In the Senate - Filed March 4, 2021; March 18, 2021, read
3		-	first time and referred to Committee on Natural Resources &
4		-	Economic Development; April 12, 2021, reported adversely, with
5		-	favorable Committee Substitute by the following vote: Yeas 8,
6		-	Nays 1; April 12, 2021, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1046 By: Birdwell
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to the regulation of radioactive waste; reducing a
14	8		surcharge; reducing a fee.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16		-	SECTION 1. Section 401.205, Health and Safety Code, is
	10	+	ARTICLE 1. LEGISLATIVE FINDINGS
	11	+	SECTION 1.01. DEFINITIONS. In this article:
	12	+	(1) "Combined facility" means the Texas compact waste
	13	+	disposal facility, the federal waste disposal facility, and the
	14	+	Resource Conservation and Recovery Act waste disposal facility in
	15	+	Andrews County, Texas.
	16	+	(2) "Compact" means the Texas Low-Level Radioactive
	17	+	Waste Disposal Compact.
	18	+	SECTION 1.02. FINDINGS. (a) Texas has entered into an
	19	+	interstate compact with Vermont for the disposal of low-level
	20	+	radioactive waste. The Texas Legislature passed the compact in
	21	+	1993 (Chapter 460 (S.B. 1206), Acts of the 73rd Legislature,
	22	+	Regular Session, 1993). The United States Congress ratified the
	23	+	compact by passing the Texas Low-Level Radioactive Waste Disposal
	24	+	Compact Consent Act, Pub. L. No. 105-236, in 1998. The compact
	25	+	remains federal law today.
	26	+	(b) The compact mandates that Texas, as the host state,
	27	+	develop and operate a facility for the disposal of low-level
	28	+	radioactive waste generated within the party states. In exchange,
	29	+	party states (not including the host state) contributed $25 million
	30	+	to the host state.
	31	+	(c) Under the compact, the compact waste disposal facility
	32	+	license holder (on behalf of Texas) has constructed a
	33	+	state-of-the-art facility for the safe and secure disposal of
	34	+	low-level radioactive waste. The compact waste disposal facility
	35	+	site in Andrews County, Texas, was selected due to its location on
	36	+	top of a ridge of 600-foot thick red bed clay in a semiarid and
	37	+	sparsely inhabited area of West Texas, with annual rainfall of less
	38	+	than 16 inches. The combined facility features the most
	39	+	environmentally protective designs in the industry, with
	40	+	below-grade disposal in lined cells that are constructed inside a
	41	+	natural 600-foot formation of almost impermeable Dockum red bed
	42	+	clay. No significant erosion has taken place at the site for the
	43	+	past 60,000 years and there is no reason to expect significant
	44	+	erosion at the site during the next 60,000 years.
	45	+	(d) The combined facility is used to dispose of low-level
	46	+	radioactive waste that is generated by essential components of the
	47	+	Texas economy and way of life, including:
	48	+	(1) Texas' world-renowned research institutions,
	49	+	including its institutions of higher education, which generate
	50	+	radioactive items such as lab equipment, cleaning materials,
	51	+	personal protective equipment, and sample residuals;
	52	+	(2) the oil and gas industry, which generates
	53	+	radioactive items such as downhole logging sources and naturally
	54	+	occurring radioactive material from tank bottoms, filters, and pipe
	55	+	scale;
	56	+	(3) the health care industry, in both rural and urban
	57	+	settings, which generates radioactive items such as lab equipment,
	58	+	cleaning materials, personal protective equipment, and sample
	59	+	residuals;
	60	+	(4) the nuclear power plants located in Glen Rose and
	61	+	Bay City, Texas, which generate radioactive items used for cleanup
	62	+	of reactor water such as ion exchange resins and filters, personal
	63	+	protective equipment, and various equipment that becomes
	64	+	radioactive and that must be replaced or repaired;
	65	+	(5) the United States Department of Energy, including
	66	+	its Pantex facility in Amarillo, which generates radioactive
	67	+	materials from current operations such as protective equipment and
	68	+	which generated radioactive items from past operations such as
	69	+	building debris and contaminated soils; and
	70	+	(6) the State of Texas, including the Department of
	71	+	State Health Services and the Texas Commission on Environmental
	72	+	Quality.
	73	+	(e) The compact waste disposal facility license holder and
	74	+	this state have benefited, and anticipate continuing to benefit,
	75	+	from operation of the existing compact waste disposal facility in
	76	+	Texas.
	77	+	(f) The market for radioactive waste disposal has changed
	78	+	significantly since the original legislation for low-level
	79	+	radioactive waste disposal in Texas was enacted, including improved
	80	+	waste minimization strategies and increased competition for
	81	+	radioactive waste disposal from other facilities including
	82	+	Resource Conservation and Recovery Act disposal sites and municipal
	83	+	landfills.
	84	+	(g) For the Texas compact waste disposal facility to remain
	85	+	economically viable, updates to the economic and competitive
	86	+	aspects of Texas legislation are required.
	87	+	ARTICLE 2. RADIOACTIVE WASTE
	88	+	SECTION 2.01. Section 401.205, Health and Safety Code, is
17	89		amended by adding Subsection (a-1) to read as follows:
18	90		(a-1) In this subsection, "high-level radioactive waste"
19	91		has the meaning assigned by 42 U.S.C. Section 10101(12) and "spent
20	92		nuclear fuel" has the meaning assigned by 42 U.S.C. Section
21		-	10101(23). With the exception of storage at the site of currently
22		-	or formerly operating nuclear power reactors and currently or
23		-	formerly operating nuclear research and test reactors located on
24		-	university campuses, a person, including the compact waste disposal
25		-	facility license holder, may not dispose of or store high-level
26		-	radioactive waste or spent nuclear fuel in this state.
27		-	SECTION 2. Subchapter F, Chapter 401, Health and Safety
	93	+	10101(23). With the exception of on-site storage by operating
	94	+	nuclear power reactors and operating nuclear test reactors located
	95	+	on university campuses, a person, including the compact waste
	96	+	disposal facility license holder, may not dispose of or store
	97	+	high-level radioactive waste or spent nuclear fuel in this state.
	98	+	SECTION 2.02. Subchapter F, Chapter 401, Health and Safety
28	99		Code, is amended by adding Sections 401.2065 and 401.2066 to read as
29	100		follows:
30	101		Sec. 401.2065. RESERVED CAPACITY FOR PARTY STATE WASTE.
31	102		(a) The following are reserved for the exclusive use of party state
32	103		compact waste disposal in the compact waste disposal facility:
33	104		(1) the greater of:
34	105		(A) three million total cubic feet; or
35	106		(B) the required volume identified by the
36	107		commission under Section 401.208; and
37	108		(2) the greater of:
38	109		(A) two million total curies; or
39	110		(B) the required curie capacity identified by the
40	111		commission under Section 401.208.
41	112		(b) Of the reserved volume and curie capacity described by
42	113		Subsection (a):
43	114		(1) 80 percent is reserved for compact waste generated
44	115		in the host state; and
45	116		(2) 20 percent is reserved for compact waste generated
46	117		in nonhost party states.
47	118		Sec. 401.2066. CORRECTION FOR DECAY IN DETERMINING
48	119		CAPACITY. The commission shall correct for radioactive decay in
49	120		determining licensed disposal curie capacity in a compact waste
50	121		disposal facility under this subchapter.
51		-	SECTION 3. Sections 401.207(e-2) and (g), Health and ~~Safety~~
52		-	Code, are amended to read as follows:
	122	+	SECTION 2.03. Sections 401.207(e-2) and (g), Health and
	123	+	Safety Code, are amended to read as follows:
53	124		(e-2) The commission's executive director, on completion of
54	125		the study under Section 401.208, may prohibit the license holder
55	126		from accepting any additional nonparty compact waste if the
56	127		commission determines from the study that the capacity of the
57	128		facility will be limited, regardless of whether the capacity
58	129		required [limit] under Section 401.2065 is available [Subsection
59	130		(f) has been reached].
60	131		(g) The commission shall assess a surcharge for the disposal
61	132		of nonparty compact waste at the compact waste disposal facility.
62	133		The surcharge is five [20] percent of the total contracted rate
63	134		under Section 401.2456 and must be assessed in addition to the total
64	135		contracted rate under that section.
65		-	SECTION 4. Subchapter F, Chapter 401, Health and Safety
	136	+	SECTION 2.04. Subchapter F, Chapter 401, Health and Safety
66	137		Code, is amended by adding Section 401.2075 to read as follows:
67	138		Sec. 401.2075. LIMITATION ON NONPARTY COMPACT WASTE. (a)
68	139		The compact waste disposal facility license holder may accept
69	140		nonparty compact waste at the facility only if:
70	141		(1) the waste is authorized by the compact commission;
71	142		and
72	143		(2) the facility has not less than three years' worth
73	144		of constructed capacity based on the average amount of party state
74	145		compact waste disposed in the compact waste disposal facility in
75	146		the preceding five years.
76	147		(b) If the compact waste disposal facility does not have
77	148		sufficient constructed capacity as described by Subsection (a), in
78	149		order to be permitted to accept nonparty compact waste, the compact
79	150		waste disposal facility license holder must:
80	151		(1) add constructed capacity sufficient to meet the
81	152		requirements of Subsection (a); or
82	153		(2) file and have approved by the commission a bond
83	154		acceptable to the commission conditioned on the construction of
84	155		additional constructed capacity sufficient to meet the
85	156		requirements of Subsection (a).
86	157		(c) If a utility operating a nuclear electric generation
87	158		facility in a party state has notified the federal commission that
88	159		the facility will be decommissioned, and the time-phased
89	160		decommissioning schedule and the Post-Shutdown Decommissioning
90	161		Activities Report indicate that low-level radioactive waste is to
91	162		be disposed of at the compact waste disposal facility, the compact
92	163		waste disposal facility license holder must have constructed
93	164		adequate disposal capacity at the time of the disposal of waste from
94	165		the decommissioning.
95	166		(d) The compact waste disposal facility license holder must
96	167		obtain an amendment to the facility operating license to increase
97	168		the allowable curie capacity by two million curies when the compact
98	169		waste disposal facility has reached 80 percent of the total curies
99	170		for which the facility is licensed.
100		-	SECTION 5. Section 401.215, Health and Safety Code, is
	171	+	SECTION 2.05. Section 401.215, Health and Safety Code, is
101	172		amended to read as follows:
102	173		Sec. 401.215. ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE.
103	174		Except as otherwise provided by this subchapter [Subject to
104	175		limitations provided by Sections 401.207 and 401.248], the compact
105	176		waste disposal facility shall accept for disposal all compact waste
106	177		that is presented to it and that is properly processed and packaged.
107		-	SECTION 6. Section 401.2445, Health and Safety Code, is
	178	+	SECTION 2.06. Section 401.2445, Health and Safety Code, is
108	179		amended to read as follows:
109	180		Sec. 401.2445. STATE FEE. The compact waste disposal
110	181		facility license holder each quarter shall transfer to the state
111	182		general revenue fund five percent of the gross receipts from[:
112	183		[(1) compact waste received at the compact waste
113	184		disposal facility; and
114	185		[(2)] any federal facility waste received at a federal
115	186		facility waste disposal facility licensed under Section 401.216.
116		-	SECTION 7. Section 401.2456(b), Health and Safety Code, is
117		-	amended to read as follows:
	187	+	SECTION 2.07. Section 401.2456(b), Health and Safety Code,
	188	+	is amended to read as follows:
118	189		(b) Rates and contract terms negotiated under this section
119	190		are subject to periodic review [and approval] by the commission's
120		-	executive director to ensure that the compact waste ~~disposal~~
121		-	~~facility~~ license holder's contracted rates and terms do not have a
	191	+	executive director to ensure that the compact waste facility
	192	+	license holder's contracted rates and terms do not have a
122	193		long-term, adverse effect on the cumulative surcharges paid to the
123	194		host state and the host county [they meet all of the requirements of
124	195		this section].
125		-	SECTION 8. Subchapter F, Chapter 401, Health and Safety
	196	+	SECTION 2.08. Subchapter F, Chapter 401, Health and Safety
126	197		Code, is amended by adding Section 401.2465 to read as follows:
127	198		Sec. 401.2465. WASTE DISPOSAL FEE COMPARISON. (a) The
128	199		compact waste disposal facility license holder shall conduct an
129	200		annual comparison of party state and nonparty state compact waste
130	201		disposal fees. The comparison must include:
131	202		(1) an average party state disposal fee calculated by
132	203		dividing the total invoiced party state compact waste disposal fees
133	204		by the total volume of party state compact waste disposed; and
134	205		(2) an average nonparty state disposal fee calculated
135	206		by dividing the total invoiced nonparty state compact waste
136	207		disposal fees by the total volume of nonparty state compact waste
137	208		disposed.
138	209		(b) If the average party state disposal fee exceeds the
139	210		average nonparty state disposal fee, the compact waste disposal
140	211		facility license holder must issue a rebate for the preceding
141	212		year's fees to the party state generators in an amount sufficient to
142	213		reduce the average party state disposal fee after the rebate to $1
143	214		less than the average nonparty state disposal fee.
144	215		(c) The compact waste disposal facility license holder
145	216		shall allocate the rebate issued under Subsection (b) according to
146	217		the fractional amount of the total compact waste disposal fees paid
147	218		by each generator based on the compact waste disposal facility
148	219		license holder's records for the preceding year.
149	220		(d) Not more often than once per year, on written request of
150	221		a utility operating a nuclear electric generation facility in a
151	222		party state, the compact waste disposal facility license holder
152	223		shall:
153	224		(1) retain an independent auditor, who must be
154	225		approved by the compact waste disposal facility license holder and
155	226		the utility making the request, to evaluate the computation of the
156	227		average compact waste disposal fee and rebate described by this
157	228		section; and
158	229		(2) not later than the 30th day after the date the
159	230		license holder receives the final audit report, make a copy of the
160	231		report available to the requesting utility, the governor, the
161	232		lieutenant governor, the speaker of the house of representatives,
162	233		and each standing committee of the legislature with jurisdiction
163	234		over environmental matters.
164		-	SECTION 9. The following provisions of the Health and
	235	+	SECTION 2.09. The following provisions of the Health and
165	236		Safety Code are repealed:
166	237		(1) Sections 401.207(d-1), (d-2), (d-3), (e), (e-1),
167	238		(f), and (h-1); and
168	239		(2) Sections 401.2456(c), (d), and (e).
169		-	SECTION 10. A state agency is required to implement a
170		-	provision of this Act only if the legislature appropriates money
171		-	specifically for that purpose. If the legislature does not
172		-	appropriate money specifically for that purpose, the state agency
173		-	may, but is not required to, implement a provision of this Act using
174		-	other appropriations available for that purpose.
175		-	SECTION 11. This Act takes effect immediately if it
176		-	receives a vote of two-thirds of all the members elected to each
177		-	house, as provided by Section 39, Article III, Texas Constitution.
178		-	If this Act does not receive the vote necessary for immediate
179		-	effect, this Act takes effect September 1, 2021.
180		-	* * * * *
	240	+	ARTICLE 3. EFFECTIVE DATE
	241	+	SECTION 3.01. This Act takes effect September 1, 2021.