Issue Date:
Revised Date: 2018-01-12

Legal Cites

Object Type

Cash — Health

Origin Date

June 1, 1981 by S.B. 1177, 67th Leg., R.S.

Description

Fees for the disposal of low-level radioactive waste delivered under the Texas Low-Level Radioactive Waste Disposal Compact. Party state compact waste disposal fees, interim party state compact waste disposal fees and fees for non-party wasted disposal are set by the commission.

Party state compact waste disposal fees are based on the projected annual volume of low-level radioactive waste received, the relative hazard presented by each type of low-level radioactive waste, and costs of low-level radioactive waste disposal (401.245). These costs include those to the compact waste facility operator such as operations, maintenance, security, licenses and fees and possible future costs such as decommissioning, closing, maintenance and surveillance of the compact waste disposal facility. Costs to fund certain local public projects and amounts to support the activities of the Texas Low-Level Radioactive Waste Disposal Compact Commission are also included (401.246). Until TCEQ can determine these fees, it may charge an interim fee if the compact waste disposal facility license holder is approved to accept waste (401.2455).

Non-party state contracted rates must meet the same requirements as party state fees and must be greater than party state fees or interim party state fees (401.2456). In addition, TCEQ is required to assess a surcharge for disposal of non-party compact waste which is deposited to GR Account 5158 - Environmental Radiation and Perpetual Care. Until Sept. 1, 2019, the fee is 10% of the contracted rate. After Sept. 1, 2019 it is 20%. TCEQ may assess an additional fee  for failure to comply with volume reduction requirements which is deposited to General Revenue (401.207).

A fee (deposited to General Revenue) may be charged to cover administrative costs for adjusting, correcting or modifying a license (401.218).

Beginning Sept. 1, 2019, a compact waste disposal facility must transfer 5% of its gross receipts for waste received to General Revenue each quarter. This fee was repealed beginning Sept. 1, 2017 but is effective again Sept. 1, 2019.

Each nonhost party state must make an initial payment per Health and Safety Code § 403.006, Sections 5.01 and 7.01 of the compact and § 401.250. This payment is collected under Revenue Object 3578 – Party State Contributions.

Due Date

At time determined by the Commission.

Note

Previously collected by the Texas Low-Level Radioactive Waste Disposal Authority, Agency 526.

Codified to Chapter 402, Health and Safety Code by H.B. 2136, 71st Leg., R.S.

H.B. 1757, 72nd Leg., R.S. changed deposit of some fees from the General Revenue Fund to the Low Level Radioactive Waste Fund (0088).

Fees for host state agreements with party states added by S.B. 1206, 73rd Leg., R.S.

Legal cite amended from Chapter 402 to Chapter 401, Health and Safety Code by H.B. 1567, 78th Leg., R.S.

Amended by S.B. 1604, 80th Leg., R.S.

Surcharge for disposal of non-party compact waste added by S.B. 1504, 82nd Leg., R.S.

Party state, interim party state and non-party state contracts added by S.B. 1504, 82nd Leg., R.S.

Deposit account added by H.B. 2694 and S.B. 1588, 82nd Leg., R.S.

S.B. 347, 83rd Leg., R.S. added additional fee for failure to comply with volume requirements and fee for license correction or modification. Also redirected 20% surcharge to new account and redirected 401.245 fee to GR Account 0088 - Low Level Radioactive Waste. None were exempted in funds consolidation bill, therefore all deposited to General Revenue (0001).

H.B. 6, 84th Leg., R.S. created GR Account 5158 - Environmental Radiation and Perpetual Care originally added in statute by S.B. 347, 83rd Leg., R.S. Deposit of 20% fee changed from GR to GR Account 5158.

H.B. 2662, 85th Leg., R.S. reduced from 20% to 10% the surcharge for disposal of non-party compact waste deposited to GR Account 5158 until 9/1/2019. After that date the fee returns to 20%. The bill repealed the 5% on gross receipts fee paid by a compact waste disposal facility license holder under sec. 401.2445 for the period Sept. 1, 2017 to Sept.1, 2019.

S.B. 1330 and H.B. 3849, 85th Leg., R.S. directed 401.245 fee to be deposited to GR Account 0088 - Low Level Radioactive Waste.

USAS Values

Appropriation Year 20
USAS Title LOW LEVEL RADIOACTIVE WASTE DISP FEES
Receipt Category 12 – Health
Receipt Type 30 – State Service Fees
Object Group 30 – Revenues
USAS Status A
Rev/Exp Category 01 – LICENSES, FEES, FINES, AND PENALTIES