Sec. 401.250. PAYMENTS BY PARTY STATES. (a) Notwithstanding any other provision of law, Act of the legislature or the executive branch, or any other agreement, the initial payment of $12.5 million due from each nonhost party state under Section 5.01 of the compact established under Section 403.006 is due not later than November 1, 2003. In accordance with Section 7.01 of the compact, the host state establishes the following terms and conditions for a state to become a party state to the compact after January 1, 2011:
(1) the state must make an initial payment of half of the total amount due to the host state under Subsection (b) on the later of September 1, 2011, or the date the state becomes a party state; and
(2) the state must pay the remainder of the amount owed under Subsection (b) on the later of the date of the opening of the compact waste disposal facility or the date the facility first accepts waste from the state.
(b) Each state that becomes a party state:
(1) after January 1, 2011, and before September 1, 2018, shall contribute a total of $30 million to the host state, including the initial payment under Subsection (a)(1); and
(2) on or after September 1, 2018, and before September 1, 2023, shall contribute $50 million to the host state, including the initial payment under Subsection (a)(1).
(c) The requirements of this section apply to a state that becomes a party state after January 1, 2011, regardless of whether the state had previously been a party to the compact. A state that has withdrawn as a party state shall pay the previously committed fee of $25 million in addition to the fees set in Subsection (b).
(d) A payment made under this section may not be refunded, even if a party state withdraws from the compact.
(e) For the purposes of calculating the amount of a payment required under Section 4.05(5) of the compact, the amount of a payment under this section is considered to be a payment under Article V of the compact.
(f) This section prevails over any other law or agreement in conflict or inconsistent with this section.
Added by Acts 2003, 78th Leg., ch. 1067, Sec. 13, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1244 (S.B. 1504), Sec. 9, eff. September 1, 2011.
Structure Texas Statutes
Title 5 - Sanitation and Environmental Quality
Subtitle D - Nuclear and Radioactive Materials
Chapter 401 - Radioactive Materials and Other Sources of Radiation
Subchapter F. Special Provisions Concerning Low-Level Radioactive Waste Disposal
Section 401.201. Regulation of Low-Level Radioactive Waste Disposal
Section 401.202. Licensing Authority
Section 401.204. Acquisition of Property
Section 401.205. Responsibilities of Persons Licensed to Dispose of Low-Level Radioactive Waste
Section 401.2051. Conveyance of Waste
Section 401.206. Resident Inspector
Section 401.207. Out-of-State Waste; Nonparty Compact Waste
Section 401.208. Study of Capacity
Section 401.2085. Review of Financial Assurance
Section 401.209. Acquisition and Operation of Low-Level Radioactive Waste Disposal Sites
Section 401.210. Transfer Costs of Property
Section 401.212. Monitoring, Maintenance, and Emergency Measures
Section 401.213. Interstate Compacts
Section 401.215. Acceptance of Low-Level Radioactive Waste
Section 401.216. Federal Facility Waste Disposal
Section 401.217. Location of Disposal Facility Site
Section 401.218. Disposal of Certain Waste
Section 401.219. Techniques for Managing Low-Level Radioactive Waste
Section 401.220. Design of Facility
Section 401.222. Term of License
Section 401.223. Health Surveillance Survey
Section 401.224. Packaging of Radioactive Waste
Section 401.225. Shipment of Low-Level Radioactive Waste
Section 401.226. Improperly Processed or Packaged Low-Level Radioactive Waste
Section 401.227. Selection of Application for Compact Waste Disposal Facility License
Section 401.228. Notice to Receive Applications
Section 401.229. Application Processing Fee
Section 401.230. Receipt of Applications
Section 401.231. Administratively Complete Application
Section 401.232. Evaluation of Applications; Commission Selection
Section 401.233. Tier 1 Criteria
Section 401.234. Tier 2 Criteria
Section 401.235. Tier 3 Criteria
Section 401.236. Tier 4 Criteria
Section 401.237. Technical Review
Section 401.238. Notice of Draft License and Opportunity for Hearing
Section 401.239. Contested Case; Final Action on Application
Section 401.240. Judicial Review
Section 401.242. Acceptance of Waste
Section 401.243. Compliance History
Section 401.244. Host County Public Projects
Section 401.245. Party State Compact Waste Disposal Fees
Section 401.2455. Interim Party State Compact Waste Disposal Fees
Section 401.2456. Contracts for Nonparty Compact Waste Disposal
Section 401.246. Waste Disposal Fee Criteria
Section 401.247. Reasonable and Necessary Expenses
Section 401.248. Limitations on Low-Level Radioactive Waste Disposal
Section 401.249. Low-Level Radioactive Waste Fund
Section 401.250. Payments by Party States
Section 401.251. Low-Level Radioactive Waste Disposal Compact Commission Account