HBA-MPM H.B. 1541 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1541 By: Uher Environmental Regulation 2/25/1999 Introduced BACKGROUND AND PURPOSE Current law requires the payment of fees by a person who is licensed to possess or use radioactive material or to own or operate a production or utilization facility or other fixed nuclear facility in Texas. These fees are assessed for planning and implementation costs associated with the selection and licensing of a disposal site. In November, 1998, the Texas Natural Resources Conservation Commission denied a permit application of the Texas Low-Level Radioactive Waste Authority for the disposal site that was to be located in Hudspeth County. H.B. 1541 repeals Section 402.2721, Health and Safety Code, which requires payment of planning and implementation fees to the Texas Low-Level Radioactive Waste Authority for costs associated with the selection and licensing of a low-level radioactive waste disposal site. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 401.301(b), Health and Safety Code, to delete the requirement that the Texas Board of Health (board) by rule set the license and registration fee in an amount not to exceed the actual expenses annually incurred to collect payments to the low level waste fund and general revenue as provided by Section 402.2721 (Planning and Implementation Fees), Health and Safety Code. SECTION 2. Amends Section 402.252(a), Health and Safety Code, to delete planning and implementation fee surcharges under Sections 402.2721(e) and (f) (regarding surcharges assessed on fees established for certain bienniums) from those in the low-level waste fund that the board is required to transfer on a quarterly basis to the commissioners court of the host county. SECTION 3. Amends Section 402.271, Health and Safety Code, to delete planning and implementation fees from a list of fees, proceeds, and contributions used to pay the Texas Low-Level Radioactive Waste Disposal Authority's (authority's) expenses. Redesignates existing Subdivisions (3)-(7) to Subdivisions (2)-(6). SECTION 4. Amends Section 402.275(c), Health and Safety Code, to delete planning and implementation fees and surcharges on planning and implementation fees from a list of fees, penalties, payments, and other receipts collected by the authority that are required to be deposited to the credit of the low-level waste fund. SECTION 5. Repealer: Sections 401.306 (Low-level Waste Fund) and 402.2721 (Planning and Implementation Fees), Health and Safety Code. Section 401.306 requires the Texas Department of Health to collect a planning and implementation fee and describes the manner in which these fees are required to be deposited. Section 402.2721 requires the board to adopt and periodically revise a planning and implementation fee to be paid by each person in this state who is licensed by the department under the Texas Radiation Control Act, or by the Nuclear Regulatory Commission under the Atomic Energy Act. Further describes the purpose and amount of the fee and how it is to be collected and deposited, and makes exceptions for certain persons. SECTION 6. Effective date: September 1, 1999. SECTION 7. Specifies that a person required on January 1, 1999 to pay the annual planning and implementation fee imposed by Section 402.2721, Health and Safety Code, which is repealed by this Act, is liable for any quarterly payment of that fee that accrues or remains unpaid on or after September 1, 1999, including any surcharge. Requires planning and implementation fees collected on or after September 1, 1999, to be deposited to the low-level waste fund. SECTION 8. Emergency clause.