Sec. 401.208.  STUDY OF CAPACITY.  (a)  At least once every four years, the commission shall conduct a study on the available volume and curie capacity of the compact waste disposal facility for the disposal of party state compact waste and nonparty compact waste.
(a-1)  In order to conduct the study under this section, the commission may require a generator of low-level radioactive waste to provide annually:
(1)  information reasonably necessary to evaluate the adequacy of the capacity of the compact waste disposal facility as accurately as possible, including the amount in volume and curies that the generator intends to export or dispose of at a facility other than the compact waste disposal facility;
(2)  the amount in volume and curies of low-level radioactive waste that was stored on-site at the generator's facility in the preceding year; and
(3)  the length of time waste was stored at the generator's facility.
(b)  The commission shall consider and make recommendations regarding:
(1)  the future volume and curie capacity needs of party state and nonparty state generators and any additional reserved capacity necessary to meet those needs;
(2)  the calculation of radioactive decay related to the compact waste disposal facility and radiation dose assessments based on the curie capacity;
(3)  the necessity of containerization of the waste;
(4)  the effects of the projected volume and radioactivity of the waste on the health and safety of the public; and
(5)  the costs and benefits of volume reduction and stabilized waste forms.
(c)  The commission shall submit a final report of the results of the study to the standing committees of the senate and the house of representatives with jurisdiction over the disposal of low-level radioactive waste.
(d)  The Texas Low-Level Radioactive Waste Disposal Compact Commission shall use the study to anticipate the future capacity needs of the compact waste disposal facility.
(e)  The commission may conduct a study described by Subsection (a) at any time if the commission determines that a study is necessary.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1244 (S.B. 1504), Sec. 3, eff. September 1, 2011.
Amended by: 
Acts 2013, 83rd Leg., R.S., Ch. 1159 (S.B. 347), Sec. 5, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 790 (H.B. 2662), Sec. 2, eff. June 15, 2017.