The Texas Legislature last week approved a bill that would delay by two years select charges and fees for operation of Waste Control Specialists’ (WCS) radioactive waste disposal facility.
Two amendments from Rep. Alfonso Nevárez (D) were attached on May 22 to a state bill on domestic violence, which was passed in April by the Texas Senate and then last week by the state House. The legislation was forwarded on May 26 to Gov. Greg Abbott (R).
The amendments would postpone, from Sept. 1 of this year to Sept. 1, 2021, the effective date of two updates to the Texas Health and Safety Code that were included in legislation passed in 2017.
One amendment to the Health and Safety Code required the Texas Low-Level Radioactive Waste Disposal Compact Commission to assess a 10% surcharge of the total contracted rate for waste from non-party states to the compact facility, operated by Waste Control Specialists. The other placed a 5% fee on gross receipts from compact waste disposed of at the Compact Waste Facility, along with federal waste sent to a federal waste facility.
Texas is the owner and license holder for the Compact Waste Facility, operated by WCS on its Andrews County property. The state is one of two members, with Vermont, to the Texas Low-Level Radioactive Waste Disposal Compact. However, 34 other states can ship their waste, including contaminated medical and industrial materials, to the site for disposal at higher fees.
Waste Control Specialists also operates a separate facility on its property for low-level and mixed-low-level radioactive waste from the federal government.
The Dallas-based company has long struggled to compete in the domestic market for disposal of radioactive waste, operating at a loss since its 2012 establishment and losing millions of dollars for former owner Valhi Inc. before being sold in January 2018 to private equity firm J.F. Lehman & Co. Two state bills specifically aimed at aiding Waste Control Specialists did not get floor votes in this regular session of the Legislature, which ended Monday.
Nevárez represents a section of West Texas near Andrews County. The lawmaker’s office did not respond to inquiries regarding his reason for adding the waste amendments to an unrelated bill. The Austin American-Statesman reported that Nevárez filed his amendments following discussions with Rep. Brooks Landgraf (R), who represents the Andrews County and introduced the separate House bill on waste disposal.
“You try to catch a ride where you can. If someone had objected to the germane-ness, the amendment does not go on,” Nevárez ttold the newspaper. “It’s within the rules, and it’s what we do. It’s a common occurrence.”
There was no word from Abbott’s office this week on whether he would sign the legislation.
“We are thankful that the legislature recognizes the importance of maintaining a facility to safely dispose and store low-level medical, industrial, and oil and gas waste from all across the state,” Waste Control Specialists said in a statement Friday. “The Texas economy is running on all cylinders and these industries produce low-level waste that must be stored and disposed of safely, Waste Control Specialists is the ideal facility. Making sure that this storage facility remains viable and operational is critical to the state’s economy.”
