Part X. Texas Water Development Board

Chapter 363. Financial Assistance Programs

Subchapter A. General Provisions

3. Formal Action by the Board

31 TAC §363.33

The Texas Water Development Board (the board) proposes an amendment to 31 TAC §363.33, concerning Interest Rates for Loans and Purchase of Board's Interest in State Participation Projects. The amendment is made to reflect creation of the Texas Water Development Fund II by Article III, §49-d-8, the Texas Constitution, as a fund separate and distinct from the Texas Water Development Fund and to delete reference to specific accounts within the Texas Water Development Fund. Section 363.33 is further amended to establish the purchase of state participation projects as a separate interest rate-setting category. Economically Distressed Areas is clarified as the Economically Distressed Area Program Account.

Ms. Patricia Todd, Director of Accounting and Finance, has determined that for the first five-year period the section is in effect there will be no fiscal implications on state and local government as a result of enforcement and administration of the section.

Ms. Todd has also determined that for the first five years the section as proposed is in effect the public benefit anticipated as a result of enforcing the sections will be to comply with Constitutional provisions. Ms. Todd has determined there will be no economic costs to small businesses or individuals required to comply with the section as proposed.

Comments on the proposed amendment will be accepted for 30 days following publication and may be submitted to Greg Olin, (512) 463-7872, Texas Water Development Board, P.O. Box 13231, Austin, Texas, 78711-3231.

The amendment is proposed under the Texas Water Code, Chapter 6, §6.101, which authorizes the Board to adopt rules necessary to carry out the powers and duties of the Board and the Texas Constitution, Article 3, §49(d)(8).

The statutory provisions affected by the proposed amendment are Texas Water Code, Chapter 15, Subchapter J, and Chapter 17, Subchapter C.

§363.33. Interest Rates for Loans and Purchase of Board's Interest in State Participation Projects.

(a)

Procedure and Method for Setting Fixed Interest Rates.

(1)

(No change.)

(2)

For loans from the Texas Water Development Fund and Texas Water Development Fund II or for lending rates for purchases of the board's interest in state participation projects, the development fund manager will set the interest rate at the higher of:

(A)-(D)

(No change.)

(3)

(No change.)

(b)

Lending Rate Scale. After each bond sale, or as necessary to meet changing market conditions, the board will set the lending rate scale for loans and state participation projects based upon cost of funds to the board, risk factors of managing the board loan portfolio, and market rate scales. To calculate the cost of funds, the board will add new bond proceeds to those remaining bond funds that are not currently assigned to schedule loan closings, weighting the funds by dollars and true interest costs of each source. The board will establish separate lending rate scales for tax-exempt and taxable projects from each of the following:

(1)

loans from the Texas Water Development Fund and Texas Water Development Fund II; [ (Water Supply Account, Water Quality Enhancement Account, and Flood Control Account), and ]

(2)

purchase of the board's interest in state participation projects from the State Participation Account ; and

(3)

[ (2) ] loans from the Economically Distressed Area Program Account. [ Areas loans (Water Supply Account and Water Quality Enhancement Account). ]

(c)

(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 8, 1999.

TRD-9902089

Suzanne Schwartz

General Counsel

Texas Water Development Board

Proposed date of adoption: June 16, 1999

For further information, please call: (512) 463-7981

Chapter 450. Planning and Implementation Fees

Subchapter A. Assessment of Fees

31 TAC §§450.1-450.4

The Texas Low-Level Radioactive Waste Disposal Authority proposes amendments of 31 TAC §§450.1-450.4, concerning planning and implementation fees for low-level radioactive waste generators for the state's fiscal year 1999. The amended sections assess the fees, specifies which entities should pay the fees, and provides for the collection and deposit of fees in the state treasury.

Tim Schaffner, Director of Accounting, has determined that for fiscal year 1999, there will be fiscal implications to the state as a result of enforcing or administering the subchapter. There will be an estimated increase in state government revenue for 1999 of $3,715,797, but for fiscal years 2000-2003, there will be no fiscal implications for state government since the subchapter applies only to FY 1999. There will be no fiscal implications for local governments.

Mr. Schaffner also has determined that for 1999, the public benefits anticipated as a result of enforcing the subchapter as proposed will be that the waste generators, rather than the general revenue of the state, will provide the funding of the low-level radioactive waste disposal program.

The total anticipated economic costs to persons, generators, and small and large business generators of waste who are required to comply with this subchapter as proposed will be: $3,715,797 in 1999.

Comments on the proposal may be submitted to Lee H. Mathews, Deputy General Manager and General Counsel, Texas Low-Level Radioactive Waste Disposal Authority, 7701 North Lamar Boulevard, Suite 300, Austin, Texas 78752.

The amendments are proposed under the Health and Safety Code, §402.054 which provides the Texas Low-Level Radioactive Waste Disposal Authority with the authority to adopt rules, standards, and orders necessary to properly carry out the Texas Low-Level Radioactive Waste Disposal Authority Act, and §402.2721 which directs the authority to adopt planning and implementation fees.

The Texas Health and Safety Code, §402.054 and §402.2721 are affected by the amended sections.

§450.1.Purpose.

The purpose of this subchapter is to adopt, for this state's fiscal year 1999 [ 1998 ], planning and implementation fees to fund the Authority's budget for that fiscal year.

§450.2.Applicability.

(a)

This subchapter applies to:

(1)

persons licensed by the United States Nuclear Regulatory Commission to own or operate a production or utilization facility or other fixed nuclear facility in this state; and

(2)

persons required to be licensed by the Texas Department of Health to possess or use radioactive material and who generated and shipped or caused to have shipped by others, 7.5 cubic feet or more of radioactive material to a licensed low-level waste disposal facility during the period January 1, 1997 [ 1996 ] through December 31, 1998 [ December 31, 1997 ].

(b)

This subchapter does not apply to health care providers or institutions of higher education.

§450.3.Assessed Fees.

(a)

Fees shall be assessed to persons subject to §450.2(a)(1) of this title (relating to Applicability), as follows:

Figure: 31 TAC §450.3(a)

(b)

Fees shall be assessed to persons subject to §450.2(a)(2), as follows: $500 plus an additional $1.00 for every cubic foot in excess of 7.5 cubic feet of radioactive material generated and shipped.

(c)

For purposes of determining shipment volumes under subsection (b) of this section, the board shall rely on the manifest information management system data base maintained by the United States Department of Energy and/or the Texas manifest reporting system maintained by the Texas Department of Health, as appropriate, and these records shall be determinative for purposes of assessing fees under subsection (b) of this section.

§450.4.Collection of Fees.

(a)

Fees assessed by the board shall be collected by the Texas Department of Health and deposited in the state treasury in accordance with the Health and Safety Code, §§401.301, 401.306, and 402.0721.

(b)

Fees assessed under this subchapter shall be paid in one payment equal to the 1999 [ 1997 ] assessment on or before May 1, 1999 . [ June 15, 1998. ]

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 6, 1999.

TRD-9902038

Lee H. Mathews

Deputy General Manager and General Counsel

Texas Low-Level Radioactive Waste Disposal Authority

Earliest possible date of adoption: May 23, 1999

For further information, please call: (512) 451-5292