CERTIFICATION OF ENROLLMENT

 

                        HOUSE BILL 1609

 

 

                   Chapter 243, Laws of 1997

 

 

 

 

                        55th Legislature

                      1997 Regular Session

 

 

LOW-LEVEL RADIOACTIVE WASTE DISPOSAL SITES--TIMING OF ADJUSTMENT TO MAXIMUM DISPOSAL RATES

 

 

 

                    EFFECTIVE DATE:  7/27/97

Passed by the House March 11, 1997

  Yeas 97   Nays 0

 

 

 

             CLYDE BALLARD

Speaker of the

      House of Representatives

 

Passed by the Senate April 7, 1997

  Yeas 47   Nays 0

             CERTIFICATE

 

I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1609  as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

               BRAD OWEN

President of the Senate

          TIMOTHY A. MARTIN

                          Chief Clerk

 

 

Approved May 1, 1997 Place Style On Codes above, and Style Off Codes below.   

                                FILED          

 

 

             May 1, 1997 - 11:17 a.m.

 

 

 

              GARY LOCKE

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                          HOUSE BILL 1609

          _______________________________________________

 

             Passed Legislature - 1997 Regular Session

 

State of Washington      55th Legislature     1997 Regular Session

 

By Representatives Mastin, Poulsen, Hankins and Kessler; by request of Utilities & Transportation Commission

 

Read first time 02/03/97.  Referred to Committee on Energy & Utilities.

Limiting the number of times the maximum disposal fee at a radioactive waste disposal site may be adjusted. 


    AN ACT Relating to low-level radioactive waste disposal sites; and amending RCW 81.108.050.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    Sec. 1.  RCW 81.108.050 and 1991 c 272 s 6 are each amended to read as follows:

    (1) The maximum disposal rates that a site operator may charge generators shall be determined in accordance with this section.  The rates shall include all charges for disposal services at the site.

    (2) Initially, the maximum disposal rates shall be the initial rates established pursuant to RCW 81.108.040.

    (3) Subsequently, the maximum disposal rates shall be adjusted ((semiannually)) in January ((and July)) of each year to incorporate inflation and volume adjustments.  Such adjustments shall take effect thirty days after filing with the commission unless the commission authorizes that the adjustments take effect earlier, or the commission contests the calculation of the adjustments, in which case the commission may suspend the filing.  A site operator shall provide notice to its customers concurrent with the filing.

    (4)(a) Subsequently, a site operator may also file for revisions to the maximum disposal rates due to:

    (i) Changes in any governmentally imposed fee, surcharge, or tax assessed on a volume or a gross revenue basis against or collected by the site operator, including site closure fees, perpetual care and maintenance fees, business and occupation taxes, site surveillance fees, leasehold excise taxes, commission regulatory fees, municipal taxes, and a tax or payment in lieu of taxes authorized by the state to compensate the county in which a site is located for that county's legitimate costs arising out of the presence of that site within that county; or

    (ii) Factors outside the control of the site operator such as a material change in regulatory requirements regarding the physical operation of the site.

    (b) Revisions to the maximum disposal rate shall take effect thirty days after filing with the commission unless the commission suspends the filing or authorizes the proposed adjustments to take effect earlier.

    (5) Upon establishment of a contract rate pursuant to RCW 81.108.060 for a disposal fee, the site operator may not collect a disposal fee that is greater than the effective rate.  The effective rate shall be in effect so long as such contract rate remains in effect.  Adjustments to the maximum disposal rates may be made during the time an effective rate is in place.  Contracts for disposal of extraordinary volumes pursuant to RCW 81.108.070 shall not be considered in determining the effective rate.

    (6) The site operator may petition the commission for new maximum disposal rates at any time.  Upon receipt of such a petition, the commission shall set the matter for hearing and shall issue an order within seven months of the filing of the petition.  The petition shall be accompanied by the documents required to accompany the filing for initial rates.  The hearing on the petition shall be conducted in accordance with the commission's rules of practice and procedure.

    (7) This section shall only take effect following a finding that the site operator is a monopoly pursuant to RCW 81.108.100.


    Passed the House March 11, 1997.

    Passed the Senate April 7, 1997.

Approved by the Governor May 1, 1997.

    Filed in Office of Secretary of State May 1, 1997.