The Vermont Statutes Online
Conservation and Development
TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT
7067. Assessment of compact costs; low-level radioactive waste disposal compact
(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.
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
(1) Initial assessments.
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.
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
(2) Host county assessments.
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.
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.
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.
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
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.)