By Gallego                                            H.B. No. 2318
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the Texas Low-Level Radioactive Waste Disposal
    1-3  Authority.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 402.003, Health and Safety Code, is
    1-6  amended to read as follows:
    1-7        Sec. 402.003.  Definitions.  In this chapter:
    1-8              (1)  <"Affected political subdivision" means a
    1-9  municipality, county, hospital district, school district, water
   1-10  district, or other political subdivision of this state that may
   1-11  reasonably be expected to incur expenses in connection with
   1-12  additional fire, police, education, utility, public access, and
   1-13  other governmental services, public works projects, and planning
   1-14  that are required by that political subdivision as a result of the
   1-15  construction and operation of a disposal site in or adjacent to the
   1-16  political subdivision.>
   1-17              <(2)>  "Authority" means the Texas Low-Level
   1-18  Radioactive Waste Disposal Authority.
   1-19              (2) <(3)>  "Board" means the board of directors of the
   1-20  authority.
   1-21              (3) <(4)>  "Contract operator" means a political
   1-22  subdivision or agency of the state or a private entity with which
   1-23  the authority has entered into a contract under Section 402.212.
   1-24              (4) <(5)>  "Department" means the Texas Department of
    2-1  Health.
    2-2              (5) <(6)>  "Disposal site" means the property and
    2-3  facilities acquired, constructed, and owned by the authority at
    2-4  which low-level waste can be processed and disposed of permanently.
    2-5              (6) <(7)>  "Low-level waste" means radioactive material
    2-6  that has a half-life of 35 years or less or fewer than 10
    2-7  nanocuries per gram of transuranics, and may include radioactive
    2-8  material not excluded by this subdivision with a half-life of more
    2-9  than 35 years if special criteria for disposal of that waste are
   2-10  established by the department.  The term does not include
   2-11  irradiated reactor fuel and high-level radioactive waste as defined
   2-12  by Title 10, Code of Federal Regulations.
   2-13              (7) <(8)>  "Management" means establishing, adopting,
   2-14  and entering into and assuring compliance with the general
   2-15  policies, rules, and contracts that govern the operation of a
   2-16  disposal site.
   2-17              (8) <(9)>  "Operation" means the control, supervision,
   2-18  and implementation of the actual physical activities involved in
   2-19  the receipt, processing, packaging, storage, disposal, and
   2-20  monitoring of low-level waste at a disposal site, the maintenance
   2-21  of a disposal site, and any other responsibilities designated by
   2-22  the board as part of the operation.
   2-23              (9) <(10)>  "Person" includes a legal successor to or
   2-24  representative, agent, or agency of any person.
   2-25              (10) <(11)>  "Radioactive material" means solid,
   2-26  liquid, or gaseous material, whether occurring naturally or
   2-27  produced artificially, that emits radiation spontaneously.
    3-1              (11) <(12)>  "Rangeland and wildlife management plan"
    3-2  means a plan that applies rangeland and wildlife habitat management
    3-3  techniques to land located in the vicinity of a disposal site so
    3-4  that the natural productivity and economic value of the land are
    3-5  enhanced.
    3-6              (12) <(13)>  "Bond" means any type of obligation issued
    3-7  by the authority under this chapter, including a certificate of
    3-8  obligation, bond, note, draft, bill, warrant, debenture, interim
    3-9  certificate, revenue or bond anticipation note, or other evidence
   3-10  of indebtedness.
   3-11              (13)  "Host county" means the county in which the
   3-12  disposal site is or will be located.
   3-13              (14)  "Commission" means the Texas Natural Resource
   3-14  Conservation Commission.
   3-15        SECTION 2.  Section 402.013(c), Health and Safety Code, is
   3-16  amended to read as follows:
   3-17        (c)  After a disposal site is selected under Section 402.090,
   3-18  the governor shall appoint to the board, at the earliest
   3-19  opportunity, at least one representative of the public as a
   3-20  representative of local interests.  A representative of the public
   3-21  appointed to represent local interests must be a resident of the
   3-22  host county <in which the selected site is located>.
   3-23        SECTION 3.  Section 402.021(b), Health and Safety Code, is
   3-24  amended to read as follows:
   3-25        (b)  The board shall hold an annual meeting in the host
   3-26  county with officials <of a county in which a disposal site is
   3-27  located> and <with> representatives of <affected> political
    4-1  subdivisions of the host county to discuss concerns relating to
    4-2  that disposal site.
    4-3        SECTION 4.  Sections 402.031(c), (d), and (e), Health and
    4-4  Safety Code, are amended to read as follows:
    4-5        (c)  Members of the committee shall be appointed for
    4-6  three-year terms by the board after consultation with officials of
    4-7  political subdivisions in the host county <Each affected political
    4-8  subdivision may appoint one person to the committee for a four-year
    4-9  term>.
   4-10        (d)  The committee shall <may>:
   4-11              (1)  conduct independent monitoring of disposal site
   4-12  activities as authorized by guidelines adopted by the board;
   4-13              (2)  make recommendations to the board concerning
   4-14  operations at the disposal site; and
   4-15              (3)  execute any other review and monitoring functions
   4-16  as recommended by the committee and approved by the board.
   4-17        (e)  Reasonable notice as required <provided> by the board
   4-18  <rules> must be given to the manager of a disposal site before a
   4-19  committee member enters a disposal site to exercise any function
   4-20  authorized by this section.  The board shall provide for quarterly
   4-21  unannounced inspections of disposal site activities.
   4-22        SECTION 5.  Section 402.057, Health and Safety Code, is
   4-23  amended to read as follows:
   4-24        Sec. 402.057.  Reports to Legislature.  Not later than the
   4-25  60th day before the date each regular legislative session convenes,
   4-26  the authority shall submit to the appropriate legislative
   4-27  committees a biennial report that serves as a basis for periodic
    5-1  oversight hearings on the authority's operations and on the status
    5-2  of interstate compacts and agreements.  The report shall also
    5-3  discuss the status of funds held, expended, or disbursed by the
    5-4  host county under Section 402.251.
    5-5        SECTION 6.  Section 402.058, Health and Safety Code, is
    5-6  amended to read as follows:
    5-7        Sec. 402.058.  Health Surveillance Survey.  The board, in
    5-8  cooperation with the commission, the Texas Department of Health,
    5-9  <department> and local public health officials, shall develop
   5-10  <study the feasibility of developing> a health surveillance survey
   5-11  for the population located in the vicinity of a disposal site.
   5-12        SECTION 7.  Section 402.088, Health and Safety Code, is
   5-13  amended to read as follows:
   5-14        Sec. 402.088.  Hearing.  (a)  A hearing under Section 402.085
   5-15  shall be held at the county courthouse of the host county <in which
   5-16  the proposed disposal site is located>.
   5-17        (b)  The board shall give notice of the hearing on the
   5-18  proposed disposal site by publishing notice in English in a
   5-19  newspaper published in the host county <in which the proposed
   5-20  disposal site is to be located>.  The notice must be published at
   5-21  least once each week for four consecutive weeks beginning not later
   5-22  than the 31st day before the date set for the hearing.
   5-23        (c)  If a newspaper is not published in the host county or if
   5-24  no newspaper in the host county will publish the notice, the board
   5-25  shall post written notice of the hearing in three public places in
   5-26  the host county.  The board shall post one of the notices at the
   5-27  door of the county courthouse.  The notices must be posted for at
    6-1  least 30 consecutive days preceding the date set for the hearing.
    6-2        SECTION 8.  Section 402.0922, Health and Safety Code, is
    6-3  amended to read as follows:
    6-4        Sec. 402.0922.  Eminent Domain.  The authority may acquire
    6-5  land and easements for a disposal site within the geographical area
    6-6  described in Section 402.0921 by condemnation and in accordance
    6-7  with Chapter 21 of the Property Code.
    6-8        SECTION 9.  Section 402.094, Health and Safety Code, is
    6-9  amended by adding Subsection (d) to read as follows:
   6-10        (d)  The authority may sell and lease land owned by the
   6-11  authority that is not part of a licensed disposal site.
   6-12        SECTION 10.  Sections 402.152(d) and (e), Health and Safety
   6-13  Code, are amended to read as follows:
   6-14        (d)  The commission <department> shall complete its review of
   6-15  the completeness and administrative sufficiency of the application
   6-16  within 30 days of receipt of the application from the authority.
   6-17  The authority shall promptly respond to the commission's
   6-18  <department's> requests for additional documentation or other
   6-19  information in order for the commission <department> to complete
   6-20  its sufficiency review of the application.   If the commission
   6-21  <department> does not inform the authority within 45 days of
   6-22  receipt of the application that the application is administratively
   6-23  sufficient, the application is presumed to be administratively
   6-24  sufficient.
   6-25        (e)  The commission <department> shall:
   6-26              (1)  complete all activities associated with the review
   6-27  and processing of an application, including the publication of an
    7-1  environmental assessment, if required, but excluding public
    7-2  hearings, and either propose to issue or deny a license for the
    7-3  operation of the site no later than 15 months after the date that
    7-4  the application is declared or presumed to be administratively
    7-5  sufficient; and
    7-6              (2)  give priority to the review of the application
    7-7  over all other radioactive materials and waste licensing and
    7-8  registration matters pending before the commission <department>.
    7-9        SECTION 11.  Section 402.183(c), Health and Safety Code, is
   7-10  amended to read as follows:
   7-11        (c)  If practicable, a person who contracts with the
   7-12  authority shall obtain necessary supplies, equipment, and material
   7-13  for use under that contract from sources located in the host county
   7-14  <in which the disposal site is located> and shall employ required
   7-15  personnel from that county.
   7-16        SECTION 12.  Section 402.213, Health and Safety Code, as
   7-17  amended by Section 4, Chapter 583, and Section 4, Chapter 804, Acts
   7-18  of the 72nd Legislature, Regular Session, 1991, is reenacted to
   7-19  read as follows:
   7-20        Sec. 402.213.  Contract Authority of Board.  In contracting
   7-21  with a contract operator, the board may:
   7-22              (1)  select the contract operator before it obtains the
   7-23  license for the disposal site so that the board may allow the
   7-24  contract operator to advise and consult with the board, general
   7-25  manager, and staff of the authority on the design and disposal
   7-26  plans for the site;
   7-27              (2)  require the contract operator to make all tests,
    8-1  keep all records, and prepare all reports required by licenses
    8-2  issued for disposal site operations;
    8-3              (3)  require standards of performance;
    8-4              (4)  require posting of a bond or other financial
    8-5  security by the contract operator to ensure safe operation and
    8-6  decommissioning of the disposal site; and
    8-7              (5)  establish other requirements, including operator
    8-8  liability requirements, necessary to assure that the disposal site
    8-9  is properly operated and that the public health and safety and the
   8-10  environment are protected.
   8-11        SECTION 13.  Section 402.214, Health and Safety Code, is
   8-12  amended to read as follows:
   8-13        Sec. 402.214.  PROVISIONS OF OPERATION CONTRACT.  A contract
   8-14  to operate a disposal site must specify that:
   8-15              (1)  the board retains management authority over the
   8-16  disposal site and may monitor and inspect any part of the site and
   8-17  operations on the site at any time;
   8-18              (2)  the contract operator must operate the disposal
   8-19  site in a manner that complies with the law and licenses regulating
   8-20  operations at the site that are issued by the commission
   8-21  <department> and the federal government;
   8-22              (3)  the contract operator must comply with rules
   8-23  adopted by the board that govern operation of the disposal site;
   8-24  and
   8-25              (4)  the contract is subject to termination after
   8-26  notice and hearing if the contract operator fails to comply with a
   8-27  license issued for the disposal site by the commission <department>
    9-1  or by the federal government, fails to comply with the rules of the
    9-2  authority, or fails to comply with the contract.
    9-3        SECTION 14.  Section 402.219(c), Health and Safety Code, is
    9-4  amended to read as follows:
    9-5        (c)  The state may enter into compacts with another state or
    9-6  several states for the disposal in this state of low-level
    9-7  radioactive waste only if the compact:
    9-8              (1)  limits the total volume of all low-level
    9-9  radioactive waste to be disposed of in this state from the other
   9-10  state or states to 20 percent of the annual average of low-level
   9-11  radioactive waste that the governor projects will be produced in
   9-12  this state from the years 1995 through 2045;
   9-13              (2)  gives this state full administrative control over
   9-14  management and operation of the disposal site;
   9-15              (3)  requires the other state or states to join this
   9-16  state in any legal action necessary to prevent states that are not
   9-17  members of the compact from disposing of low-level radioactive
   9-18  waste at the disposal site;
   9-19              (4)  allows this state to charge a fee for the disposal
   9-20  of low-level radioactive waste at the disposal site;
   9-21              (5)  requires the other state or states to join in any
   9-22  legal action involving liability from the disposal site;
   9-23              (6)  requires the other state or states to share the
   9-24  full cost of constructing the disposal site;
   9-25              (7)  allows this state to regulate, in accordance with
   9-26  federal law, the means and routes of transportation of the
   9-27  low-level radioactive waste in this state;
   10-1              (8)  requires the other state or states to pay for
   10-2  community assistance projects selected by the host county in <which
   10-3  the disposal site is located> an amount not less than $1 million or
   10-4  10 percent of the amount contributed by the other state or states;
   10-5              (9)  is agreed to by the Texas Legislature, the
   10-6  legislature of the other state or states, and the United States
   10-7  Congress; and
   10-8              (10)  complies with all applicable federal law.
   10-9        SECTION 15.  Section 402.220, Health and Safety Code, is
  10-10  amended by adding Subsections (c), (d), and (e) to read as follows:
  10-11        (c)  The authority may construct facilities and procure
  10-12  equipment required to provide fire, police, and emergency medical
  10-13  services needed to support the disposal site.
  10-14        (d)  The facilities shall be:
  10-15              (1)  constructed proximate to the disposal site or in
  10-16  the nearest community, as determined by the board; and
  10-17              (2)  in operation before the first day of operation of
  10-18  the disposal site.
  10-19        (e)  The board may contract with local governments, political
  10-20  subdivisions, or nonprofit corporations to operate these
  10-21  facilities.
  10-22        SECTION 16.  Section 402.228(b), Health and Safety Code, is
  10-23  amended to read as follows:
  10-24        (b)  On completion of decommissioning activities and receipt
  10-25  of necessary approval from federal and state agencies, the board
  10-26  shall, if required by law, transfer to the commission <department>
  10-27  fee simple title to the disposal site.
   11-1        SECTION 17.  Subchapter I, Chapter 402, Health and Safety
   11-2  Code, is amended to read as follows:
   11-3       SUBCHAPTER I.  LOCAL PUBLIC PROJECTS <IMPACT ASSISTANCE>
   11-4        Sec. 402.251.  DEFINITION <LOW-LEVEL RADIOACTIVE WASTE
   11-5  DISPOSAL IMPACT ASSISTANCE>.  In this subchapter, "local" means
   11-6  located in the host county  <The citizen's advisory committee shall
   11-7  coordinate and make recommendations to the board concerning
   11-8  requests from affected political subdivisions for assistance to
   11-9  compensate for impacts associated with the disposal site and
  11-10  allocations of impact assistance funds>.
  11-11        Sec. 402.252.  Local Public Projects <Rules for Impact
  11-12  Assistance>.      (a)  The board shall quarterly transfer money in
  11-13  the low-level waste fund generated by planning and implementation
  11-14  fee surcharges under Sections 402.2721(e) and (f), and that portion
  11-15  of waste disposal fees identifiable as adopted for the purposes of
  11-16  Sections 402.273(a)(3) and (b) to the commissioners court of the
  11-17  host county.
  11-18        (b)  The commissioners court of the host county may:
  11-19              (1)  spend the money for local public projects; or
  11-20              (2)  disburse the money to other local entities or to
  11-21  public nonprofit corporations to be spent for local public
  11-22  projects.
  11-23        (c)  Money received from the low-level waste fund under this
  11-24  section may be spent only for local public projects that are for
  11-25  the use and benefit of the public at large.  The board shall adopt
  11-26  guidelines for the expenditure of money received under this
  11-27  section, and the commissioners court shall spend or disburse the
   12-1  money for use according to those guidelines.
   12-2        (d)  Annually the commissioners court shall provide to the
   12-3  board a detailed accounting of the money held, expended, or
   12-4  disbursed by the county.  <The committee shall adopt rules
   12-5  establishing:>
   12-6              <(1)  criteria for determining the adverse effect that
   12-7  the construction and operation of a disposal site will have on
   12-8  affected political subdivisions;>
   12-9              <(2)  priorities of needs for affected political
  12-10  subdivisions; and>
  12-11              <(3)  methods for monitoring the uses and effectiveness
  12-12  of impact assistance funds allocated to affected political
  12-13  subdivisions under this chapter.>
  12-14        Sec. 402.253.  EXEMPTION OF FUNDS FROM REVIEW <IMPACT
  12-15  ASSISTANCE ALLOCATION>.  Funds received by the commissioners court
  12-16  of the host county for local public projects are not loans or
  12-17  grants-in-aid subject to review by a regional planning commission
  12-18  under Chapter 391, Local Government Code.  <(a)  The committee
  12-19  shall annually prepare and recommend to the board for final
  12-20  approval a budget that allocates impact assistance funds to
  12-21  affected political subdivisions.>
  12-22        <(b)  The committee shall allocate to each affected political
  12-23  subdivision the amount required for impact assistance as provided
  12-24  by this subchapter.>
  12-25        <(c)  Each affected political subdivision must show impact on
  12-26  it by providing adequate supporting information to the committee.>
  12-27        <(d)  Except as provided by Subsection (e), an affected
   13-1  political subdivision may not receive as impact assistance more
   13-2  than the amount equal to the product of the amount designated by
   13-3  the board under this chapter as available for impact assistance
   13-4  allocation and the ratio of each affected political subdivision's
   13-5  assessed tax valuation to the total assessed tax valuation of all
   13-6  the affected political subdivisions.>
   13-7        <(e)  If the amount determined for an affected political
   13-8  subdivision under Subsection (d) is less than the actual amount
   13-9  that the affected political subdivision shows to be required for
  13-10  impact assistance, the committee may allocate to the affected
  13-11  political subdivision an amount that exceeds the determined amount
  13-12  if all affected political subdivisions do not qualify for their
  13-13  maximum allocations permitted under Subsection (d).>
  13-14        <Sec. 402.254.  EXEMPTION OF FUNDS FROM REVIEW.  Impact
  13-15  assistance funds received by affected political subdivisions under
  13-16  this subchapter are not loans or grants-in-aid subject to review by
  13-17  a regional planning commission under Chapter 391, Local Government
  13-18  Code.>
  13-19        SECTION 18.  Sections 402.272(a) and (b), Health and Safety
  13-20  Code, are amended to read as follows:
  13-21        (a)  The board shall have collected a waste disposal fee to
  13-22  be paid by each person who delivers low-level waste to the
  13-23  authority for disposal.  <Additionally, the board shall collect a
  13-24  low-level radioactive waste planning and implementation fee.  These
  13-25  fees shall as closely as possible allow the board to reimburse
  13-26  itself for the present costs of administering, implementing, and
  13-27  planning the activities authorized by this chapter and to reimburse
   14-1  the general revenue fund for the expenses incurred and paid by the
   14-2  authority in selecting, seeking approval for, and constructing a
   14-3  disposal site.  Money received from these fees shall be deposited
   14-4  in the state treasury to the credit of the fund which since the
   14-5  creation of the authority was the source for funds used to pay the
   14-6  expenses of administering these low-level radioactivity waste
   14-7  disposal activities.>
   14-8        (b)  The board by rule shall adopt and periodically revise
   14-9  waste disposal fees according to a schedule that is based on the
  14-10  projected annual volume of low-level waste received, <and> the
  14-11  relative hazard presented by each type of low-level waste that is
  14-12  generated by the users of radioactive materials, and the costs
  14-13  identified in Section 402.273.  <The board by rule shall establish
  14-14  minimum and maximum annual fees which are to be calculated and
  14-15  assessed based upon the factors contained in Subsection (a) above.>
  14-16        SECTION 19.  Section 402.2721, Health and Safety Code, is
  14-17  amended to read as follows:
  14-18        Sec. 402.2721.  Planning and Implementation Fees.  (a)  The
  14-19  board shall adopt and periodically revise a planning and
  14-20  implementation fee to be paid by each person in this state who is
  14-21  licensed by the department pursuant to the Texas Radiation Control
  14-22  Act, or by the United States Nuclear Regulatory Commission pursuant
  14-23  to the Atomic Energy Act to possess or use radioactive material or
  14-24  to own or operate a production or utilization facility or other
  14-25  fixed nuclear facility in this state.
  14-26        (b)  This fee shall be in an amount that is sufficient to
  14-27  allow the authority to recover present and future costs of
   15-1  administering, implementing, and planning the activities authorized
   15-2  by this chapter before the operation of a disposal site and to
   15-3  reimburse the general revenue fund for expenses incurred and paid
   15-4  by the authority in selecting, characterizing, and licensing a
   15-5  disposal site.
   15-6        (c)  This fee does not apply to health care providers or
   15-7  institutions of higher education until a state disposal facility is
   15-8  available to receive the generated wastes.
   15-9        (d) <(b)>  Fees established under this section shall:
  15-10              (1)  include minimum and maximum annual fees in an
  15-11  amount of at least $5 million for the 1992-1993 biennium to pay for
  15-12  the estimated costs of administering, implementing, and planning
  15-13  the activities authorized by this chapter and shall include at
  15-14  least $5 million to reimburse the general revenue fund for
  15-15  appropriations expended and incurred by the authority in selecting,
  15-16  characterizing, and licensing a disposal site;
  15-17              (2)  take into account, the projected annual volume and
  15-18  the relative hazard presented by each type of low-level waste
  15-19  generated;
  15-20              (3)  be collected by the department as provided by
  15-21  Subchapter H, Chapter 401;
  15-22              (4)  be deposited in the state treasury to the credit
  15-23  of the low-level waste fund, except that at least $10 million
  15-24  assessed and collected in the 1992-1993 biennium to reimburse the
  15-25  general revenue fund for expenses incurred prior to September 1,
  15-26  1991, shall be deposited in the state treasury to the credit of the
  15-27  general revenue fund;
   16-1              (5)  be paid in four quarterly equal installments
   16-2  beginning on January 1, 1992, and annually thereafter; and
   16-3              (6)  expire on the date the authority begins operation
   16-4  of a disposal facility.
   16-5        (e)  For the 1996-1997 biennium and subsequent bienniums, the
   16-6  board shall assess a surcharge of 10 percent of the fee established
   16-7  for the biennium.
   16-8        (f)  For the 1994-1995 biennium only, the board shall assess
   16-9  a surcharge of 10 percent of the fee established for the 1992-1993
  16-10  biennium.
  16-11        (g)  Surcharges assessed under Subsections (e) and (f) shall
  16-12  be used to fund local public projects under Subchapter I.
  16-13        (h) <(c)>  In determining relative hazard, the board shall
  16-14  consider the radioactive, physical, and chemical properties of each
  16-15  type of low-level waste.
  16-16        SECTION 20.  Section 402.273, Health and Safety Code, is
  16-17  amended to read as follows:
  16-18        Sec. 402.273.  Waste Disposal Fee Criteria.  (a)  Waste
  16-19  disposal fees adopted by the board must be sufficient to:
  16-20              (1)  allow the authority to recover operating and
  16-21  maintenance costs;
  16-22              (2)  provide an amount necessary to meet future costs
  16-23  of decommissioning, closing, and postclosure maintenance and
  16-24  surveillance of the disposal site;
  16-25              (3)  provide an amount to fund local public projects
  16-26  under Subchapter I <compensate for impacts associated with the
  16-27  disposal site>;
   17-1              (4)  provide an amount sufficient to fund, in whole or
   17-2  in part, a rangeland and wildlife management plan;
   17-3              (5)  provide an amount necessary to pay licensing fees
   17-4  and to provide security required by the department under law and
   17-5  department rules; and
   17-6              (6)  provide an amount necessary to fund debt service
   17-7  and necessary fees and charges, including insurance premiums and
   17-8  similar costs, associated with the issuance and payment of bonds
   17-9  under Subchapter K.
  17-10        (b)  <If the authority does not issue bonds under Subchapter
  17-11  K, the waste disposal fees must also include an amount sufficient
  17-12  to allow the authority to recover expenses incurred before
  17-13  beginning operation of the disposal site amortized over a period of
  17-14  not more than 20 years beginning on the first day of operation of
  17-15  the disposal site.>
  17-16        <(c)>  The amount required by Subsection (a)(3) <and
  17-17  designated by the board as available for impact assistance
  17-18  allocation under this chapter> may not be less than 10 percent of
  17-19  the annual gross receipts from waste received at the disposal site
  17-20  <and may not exceed $300,000 a year for each generator of low-level
  17-21  waste.  However, during periods of unusual volume generation caused
  17-22  by unscheduled refueling, unplanned outages, special maintenance,
  17-23  or system decontamination and decommissioning, the amount payable
  17-24  by the affected generator may not exceed $500,000 a year for two
  17-25  consecutive years>.
  17-26        SECTION 21.  Sections 402.275(c), (d), (e), (f), (g), and
  17-27  (h), Health and Safety Code, are amended to read as follows:
   18-1        (c)  Money received by the authority, including waste
   18-2  disposal fees, planning and implementation fees, surcharges on
   18-3  planning and implementation fees, processing and packaging fees,
   18-4  civil penalties, payments to the State of Texas under Public Law
   18-5  99-240, and other receipts collected by the authority under this
   18-6  chapter shall be deposited to the credit of the low-level waste
   18-7  fund.
   18-8        (d)  Except as provided by Subsection (f) <(g)>, money in the
   18-9  low-level waste fund may be used to pay:
  18-10              (1)  operating and maintenance costs of the authority;
  18-11              (2)  future costs of decommissioning, closing, and
  18-12  postclosure maintenance and surveillance of the disposal site;
  18-13              (3)  licensing fees and to provide security required by
  18-14  the department;
  18-15              (4)  money judgments rendered against the authority
  18-16  that are directed by a court of this state to be paid from this
  18-17  fund;
  18-18              (5)  expenses associated with implementation of the
  18-19  rangeland and wildlife management plan;
  18-20              (6)  funds for local public projects under Subchapter I
  18-21  <impact assistance funds for affected political subdivisions>;
  18-22              (7)  debt service and necessary fees and charges,
  18-23  including insurance premiums and similar costs, associated with the
  18-24  issuance and payment of bonds under Subchapter K; and
  18-25              (8)  expenses for any other purpose under this chapter.
  18-26        (e)  <If the authority does not issue bonds under Subchapter
  18-27  K, money in the low-level waste fund may be used to reimburse the
   19-1  general revenue fund for expenses incurred by the state before the
   19-2  first day of operation of the disposal site and for any other
   19-3  maintenance and operating expenses paid by appropriation from the
   19-4  general revenue fund.>
   19-5        <(f)>  A payment for debt service and related costs under
   19-6  Subsection (d)(7) has priority for payment from the low-level waste
   19-7  fund over a payment for another expense authorized by Subsection
   19-8  (d).
   19-9        (f) <(g)>  Payments to this state under Public Law 99-240 may
  19-10  be used only for the purposes stated in the federal law.
  19-11        (g) <(h)>  The authority may transfer money from the
  19-12  low-level waste fund to the radiation and perpetual care fund to
  19-13  make payments required by the department under Section 401.303.
  19-14        SECTION 22.  Section 402.056, Health and Safety Code, is
  19-15  repealed.
  19-16        SECTION 23.  (a)  The surcharge imposed by Section
  19-17  402.2721(f), Health and Safety Code, as added by this Act, shall be
  19-18  assessed not later than November 30, 1993.
  19-19        (b)  The money received by the Hudspeth County Commissioners
  19-20  Court under Section 402.252, Health and Safety Code, as amended by
  19-21  this Act, in the 1994-1995 biennium may be spent only on local
  19-22  public projects that are located within 10 miles of the disposal
  19-23  site.
  19-24        SECTION 24.  The importance of this legislation and the
  19-25  crowded condition of the calendars in both houses create an
  19-26  emergency and an imperative public necessity that the
  19-27  constitutional rule requiring bills to be read on three several
   20-1  days in each house be suspended, and this rule is hereby suspended,
   20-2  and that this Act take effect and be in force from and after its
   20-3  passage, and it is so enacted.