31 TAC §§450.1-450.4
The Texas Low-Level Radioactive Waste Disposal Authority
proposes amendments to 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 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)
(No change.)
(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)
(No change.)
§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)-(c)
(No change.)
§450.4.Collection of Fees.
(a)
(No change.)
(b)
Fees assessed under this subchapter shall be paid in one
payment equal to the
1999
[
1998
] 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 January
7, 1999.
TRD-9900052
Lee H. Mathews
Deputy General Manager and General Counsel
Texas Low-Level Radioactive Waste Disposal Authority
Earliest possible date of adoption: February 21, 1999
For further information, please call: (512) 451-5292