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Title

10

:
Conservation and Development






Chapter

162

:
TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT











 

§

7067. Assessment of compact costs; low-level radioactive waste disposal compact

fund

(a) There is

hereby created the low-level radioactive waste disposal compact fund, to be

administered and expended by the secretary of administration in accordance with

the provisions of this section. All balances in the fund at the end of any

fiscal year shall be carried forward and remain a part of the fund. Interest

earned by the fund shall be deposited into the fund.

(b) The

secretary of administration shall assess the generators of low-level

radioactive waste in the state for the full administrative costs of membership

and participation in the compact, subject to Articles IV and V of that

agreement, and for the state's costs incurred in carrying out the responsibilities

of this chapter. Generators of low-level radioactive waste shall be assessed by

the method established in subsection (c) of this section. Payments shall be

dispensed from the state treasury only upon warrants issued by the commissioner

of finance and management after receipt of proper statements describing

expenses.

(1)  Initial assessments.

(A) The

secretary of administration shall make an initial assessment in the amount of

$12,500,000.00 within 30 days following ratification of the compact agreement

by the Congress of the United States. The amount assessed shall be paid within

15 days of the assessment.

(B) The

secretary of administration shall make a second assessment in the amount of

$12,500,000.00 within 30 days following the date of the opening of the compact

facility in Texas. The amount assessed shall be paid within 15 days of the

assessment.

(2)  Host county assessments.

(A) The

secretary of administration shall make an initial host county assessment in

accordance with section 4.05, subsection (5) of the compact in the amount of

$1,250,000.00 no later than 30 working days following ratification of the

compact agreement by the Congress of the United States. The amount assessed

shall be paid within 15 days of assessment.

(B) The

secretary of administration shall make a second host county assessment in the

amount of $1,250,000.00 no later than 30 working days following the approval of

a facility operating license by the Texas natural resource conservation

commission. The amount assessed shall be paid within 15 days of assessment.

(3) Compact

commission and state expenses. On an annual basis or on any other schedule

established by the commission, the secretary of administration shall assess the

state's share of the administrative, legal and other expenses for the operation

of the compact commission, as well as the state's costs incurred in carrying

out the responsibilities of this chapter. Amounts assessed under this section

shall be paid within 30 days of assessment.

(4) Uncommitted

balance of the low-level radioactive waste fund. Any uncommitted balance of the

low-level radioactive waste fund created under section 7013 of this title,

shall be transferred to the fund established in subsection (a) of this section

and shall be used to reduce, offset or eliminate the costs assessed under this

subsection.

(5) Alternate

payment schedule. In accordance with section 5.02 of the compact agreement and

if so designated by the commission, the schedule for assessments by the

secretary of administration to be forwarded to the Texas low-level radioactive

waste disposal authority under subdivision (1) of this section shall be revised

to conform to the payment schedule for the repayment of debt incurred for the

construction of the compact facility. An amount may not be assessed pursuant to

this subsection on less than 30 days' notice and a payment may not be required

in fewer than 15 days from the date of assessment.

(c) With respect

to the funding of the assessment for payments identified in subsection (b) of

this section, generators of low-level radioactive waste in the state shall be

assessed proportionately on the basis of a three-year rolling total volume of

generated wastes prepared for shipment (i.e., waste processed into disposal

containers). The calculation shall use the last three complete calendar years

at the time the assessment is made. Vermont Yankee decommissioning waste shall

be accounted for by using a volume equal to 3/20 of the decommissioning waste

volume estimate from the last completed Vermont Yankee decommissioning rate

case before the Federal Energy Regulatory Commission. This 3/20 decommissioning

waste volume shall be added to the three-year waste generated by Vermont Yankee

prior to performing the calculation. Those generators generating less than five

cubic feet of low-level radioactive waste for the rolling three-year period

shall be exempt from this assessment.

(d) A generator

of low-level radioactive waste in the state that did not contribute to the

initial assessments identified in this section shall make such contributions at

the end of the third calendar year after its first shipment of radioactive

waste to the compact facility. A recalculation shall be made of the initial

assessments under subsection (b) of this section if the new generator has

generated more than five cubic feet of waste during the three-year period. The

calculation described in subsection (c) of this section shall be recalculated,

including the new generator's waste volume. The amount due from the new

generator shall be distributed to the previous payees in proportion to their

payment amount. If the new generator's waste is one percent of the recalculated

total waste volume or greater, interest will also be included in the payment to

the previous payees in an amount equal to the Vermont Yankee cost of money

between the initial payments and the time the new generator payment is made.

(Added 1993, No. 137 (Adj. Sess.), § 2.)