H.B. No. 2318
1-1 AN ACT
1-2 relating to the Texas Low-Level Radioactive Waste Disposal
1-3 Authority and the transportation of radioactive materials and
1-4 waste.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 402.003, Health and Safety Code, is
1-7 amended to read as follows:
1-8 Sec. 402.003. Definitions. In this chapter:
1-9 (1) <"Affected political subdivision" means a
1-10 municipality, county, hospital district, school district, water
1-11 district, or other political subdivision of this state that may
1-12 reasonably be expected to incur expenses in connection with
1-13 additional fire, police, education, utility, public access, and
1-14 other governmental services, public works projects, and planning
1-15 that are required by that political subdivision as a result of the
1-16 construction and operation of a disposal site in or adjacent to the
1-17 political subdivision.>
1-18 <(2)> "Authority" means the Texas Low-Level
1-19 Radioactive Waste Disposal Authority.
1-20 (2) <(3)> "Board" means the board of directors of the
1-21 authority.
1-22 (3) <(4)> "Contract operator" means a political
1-23 subdivision or agency of the state or a private entity with which
1-24 the authority has entered into a contract under Section 402.212.
2-1 (4) <(5)> "Department" means the Texas Department of
2-2 Health.
2-3 (5) <(6)> "Disposal site" means the property and
2-4 facilities acquired, constructed, and owned by the authority at
2-5 which low-level waste can be processed and disposed of permanently.
2-6 (6) <(7)> "Low-level waste" means radioactive material
2-7 that has a half-life of 35 years or less or fewer than 10
2-8 nanocuries per gram of transuranics, and may include radioactive
2-9 material not excluded by this subdivision with a half-life of more
2-10 than 35 years if special criteria for disposal of that waste are
2-11 established by the department. The term does not include
2-12 irradiated reactor fuel and high-level radioactive waste as defined
2-13 by Title 10, Code of Federal Regulations.
2-14 (7) <(8)> "Management" means establishing, adopting,
2-15 and entering into and assuring compliance with the general
2-16 policies, rules, and contracts that govern the operation of a
2-17 disposal site.
2-18 (8) <(9)> "Operation" means the control, supervision,
2-19 and implementation of the actual physical activities involved in
2-20 the receipt, processing, packaging, storage, disposal, and
2-21 monitoring of low-level waste at a disposal site, the maintenance
2-22 of a disposal site, and any other responsibilities designated by
2-23 the board as part of the operation.
2-24 (9) <(10)> "Person" includes a legal successor to or
2-25 representative, agent, or agency of any person.
2-26 (10) <(11)> "Radioactive material" means solid,
2-27 liquid, or gaseous material, whether occurring naturally or
3-1 produced artificially, that emits radiation spontaneously.
3-2 (11) <(12)> "Rangeland and wildlife management plan"
3-3 means a plan that applies rangeland and wildlife habitat management
3-4 techniques to land located in the vicinity of a disposal site so
3-5 that the natural productivity and economic value of the land are
3-6 enhanced.
3-7 (12) <(13)> "Bond" means any type of obligation issued
3-8 by the authority under this chapter, including a certificate of
3-9 obligation, bond, note, draft, bill, warrant, debenture, interim
3-10 certificate, revenue or bond anticipation note, or other evidence
3-11 of indebtedness.
3-12 (13) "Host county" means the county in which the
3-13 disposal site is or will be located.
3-14 (14) "Commission" means the Texas Natural Resource
3-15 Conservation Commission.
3-16 SECTION 2. Section 402.013(c), Health and Safety Code, is
3-17 amended to read as follows:
3-18 (c) After a disposal site is selected under Section 402.090,
3-19 the governor shall appoint to the board, at the earliest
3-20 opportunity, at least one representative of the public as a
3-21 representative of local interests. A representative of the public
3-22 appointed to represent local interests must be a resident of the
3-23 host county. The representative may not be an elected county
3-24 official or a county employee <in which the selected site is
3-25 located>.
3-26 SECTION 3. Section 402.021(b), Health and Safety Code, is
3-27 amended to read as follows:
4-1 (b) In accordance with the open meetings law, Chapter 271,
4-2 Acts of the 60th Legislature, Regular Session, 1967 (Article
4-3 6252-17, Vernon's Texas Civil Statutes), the <The> board shall hold
4-4 an annual meeting in the host county with officials <of a county in
4-5 which a disposal site is located> and <with> representatives of
4-6 <affected> political subdivisions of the host county to discuss
4-7 concerns relating to that disposal site.
4-8 SECTION 4. Sections 402.031(c), (d), and (e), Health and
4-9 Safety Code, are amended to read as follows:
4-10 (c) Members of the committee shall be appointed for
4-11 three-year terms by the board after consultation with officials of
4-12 political subdivisions in the host county <Each affected political
4-13 subdivision may appoint one person to the committee for a four-year
4-14 term>.
4-15 (d) The committee shall <may>:
4-16 (1) conduct independent monitoring of disposal site
4-17 activities as authorized by guidelines adopted by the board;
4-18 (2) make recommendations to the board concerning
4-19 operations at the disposal site; and
4-20 (3) execute any other review and monitoring functions
4-21 as recommended by the committee and approved by the board.
4-22 (e) Reasonable notice as required <provided> by the board
4-23 <rules> must be given to the manager of a disposal site before a
4-24 committee member enters a disposal site to exercise any function
4-25 authorized by this section. The board shall provide for quarterly
4-26 unannounced inspections of disposal site activities.
4-27 SECTION 5. Section 402.057, Health and Safety Code, is
5-1 amended to read as follows:
5-2 Sec. 402.057. Reports to Legislature. Not later than the
5-3 60th day before the date each regular legislative session convenes,
5-4 the authority shall submit to the appropriate legislative
5-5 committees a biennial report that serves as a basis for periodic
5-6 oversight hearings on the authority's operations and on the status
5-7 of interstate compacts and agreements. The report shall also
5-8 discuss the status of funds held, expended, or disbursed by the
5-9 host county under Section 402.252.
5-10 SECTION 6. Section 402.058, Health and Safety Code, is
5-11 amended to read as follows:
5-12 Sec. 402.058. Health Surveillance Survey. The board, in
5-13 cooperation with the commission, the Texas Department of Health,
5-14 <department> and local public health officials, shall develop
5-15 <study the feasibility of developing> a health surveillance survey
5-16 for the population located in the vicinity of a disposal site.
5-17 SECTION 7. Section 402.088, Health and Safety Code, is
5-18 amended to read as follows:
5-19 Sec. 402.088. Hearing. (a) A hearing under Section 402.085
5-20 shall be held at the county courthouse of the host county <in which
5-21 the proposed disposal site is located>.
5-22 (b) The board shall give notice of the hearing on the
5-23 proposed disposal site by publishing notice in English and Spanish
5-24 in a newspaper published in the host county <in which the proposed
5-25 disposal site is to be located>. The notice must be published at
5-26 least once each week for four consecutive weeks beginning not later
5-27 than the 31st day before the date set for the hearing.
6-1 (c) If a newspaper is not published in the host county or if
6-2 no newspaper in the host county will publish the notice, the board
6-3 shall post written notice of the hearing in three public places in
6-4 the host county. The board shall post one of the notices at the
6-5 door of the county courthouse. The notices must be posted for at
6-6 least 30 consecutive days preceding the date set for the hearing.
6-7 SECTION 8. Section 402.094, Health and Safety Code, is
6-8 amended by adding Subsection (d) to read as follows:
6-9 (d) The authority may lease land owned by the authority that
6-10 is not part of a licensed disposal site. Land leased by the
6-11 authority under this section may be used only for agricultural,
6-12 ranching, or grazing purposes.
6-13 SECTION 9. Sections 402.152(d) and (e), Health and Safety
6-14 Code, are amended to read as follows:
6-15 (d) The commission <department> shall complete its review of
6-16 the completeness and administrative sufficiency of the application
6-17 within 30 days of receipt of the application from the authority.
6-18 The authority shall promptly respond to the commission's
6-19 <department's> requests for additional documentation or other
6-20 information in order for the commission <department> to complete
6-21 its sufficiency review of the application. If the commission
6-22 <department> does not inform the authority within 45 days of
6-23 receipt of the application that the application is administratively
6-24 sufficient, the application is presumed to be administratively
6-25 sufficient.
6-26 (e) The commission <department> shall:
6-27 (1) complete all activities associated with the review
7-1 and processing of an application, including the publication of an
7-2 environmental assessment, if required, but excluding public
7-3 hearings, and either propose to issue or deny a license for the
7-4 operation of the site no later than 15 months after the date that
7-5 the application is declared or presumed to be administratively
7-6 sufficient; and
7-7 (2) give priority to the review of the application
7-8 over all other radioactive materials and waste licensing and
7-9 registration matters pending before the commission <department>.
7-10 SECTION 10. Section 402.183(c), Health and Safety Code, is
7-11 amended to read as follows:
7-12 (c) If practicable, a person who contracts with the
7-13 authority shall obtain necessary supplies, equipment, and material
7-14 for use under that contract from sources located in the host county
7-15 <in which the disposal site is located> and shall employ required
7-16 personnel from that county.
7-17 SECTION 11. Section 402.213, Health and Safety Code, as
7-18 amended by Section 4, Chapter 583, and Section 4, Chapter 804, Acts
7-19 of the 72nd Legislature, Regular Session, 1991, is reenacted to
7-20 read as follows:
7-21 Sec. 402.213. Contract Authority of Board. In contracting
7-22 with a contract operator, the board may:
7-23 (1) select the contract operator before it obtains the
7-24 license for the disposal site so that the board may allow the
7-25 contract operator to advise and consult with the board, general
7-26 manager, and staff of the authority on the design and disposal
7-27 plans for the site;
8-1 (2) require the contract operator to make all tests,
8-2 keep all records, and prepare all reports required by licenses
8-3 issued for disposal site operations;
8-4 (3) require standards of performance;
8-5 (4) require posting of a bond or other financial
8-6 security by the contract operator to ensure safe operation and
8-7 decommissioning of the disposal site; and
8-8 (5) establish other requirements, including operator
8-9 liability requirements, necessary to assure that the disposal site
8-10 is properly operated and that the public health and safety and the
8-11 environment are protected.
8-12 SECTION 12. Section 402.214, Health and Safety Code, is
8-13 amended to read as follows:
8-14 Sec. 402.214. PROVISIONS OF OPERATION CONTRACT. A contract
8-15 to operate a disposal site must specify that:
8-16 (1) the board retains management authority over the
8-17 disposal site and may monitor and inspect any part of the site and
8-18 operations on the site at any time;
8-19 (2) the contract operator must operate the disposal
8-20 site in a manner that complies with the law and licenses regulating
8-21 operations at the site that are issued by the commission
8-22 <department> and the federal government;
8-23 (3) the contract operator must comply with rules
8-24 adopted by the board that govern operation of the disposal site;
8-25 and
8-26 (4) the contract is subject to termination after
8-27 notice and hearing if the contract operator fails to comply with a
9-1 license issued for the disposal site by the commission <department>
9-2 or by the federal government, fails to comply with the rules of the
9-3 authority, or fails to comply with the contract.
9-4 SECTION 13. Section 402.219(c), Health and Safety Code, is
9-5 amended to read as follows:
9-6 (c) The state may enter into compacts with another state or
9-7 several states for the disposal in this state of low-level
9-8 radioactive waste only if the compact:
9-9 (1) limits the total volume of all low-level
9-10 radioactive waste to be disposed of in this state from the other
9-11 state or states to 20 percent of the annual average of low-level
9-12 radioactive waste that the governor projects will be produced in
9-13 this state from the years 1995 through 2045;
9-14 (2) gives this state full administrative control over
9-15 management and operation of the disposal site;
9-16 (3) requires the other state or states to join this
9-17 state in any legal action necessary to prevent states that are not
9-18 members of the compact from disposing of low-level radioactive
9-19 waste at the disposal site;
9-20 (4) allows this state to charge a fee for the disposal
9-21 of low-level radioactive waste at the disposal site;
9-22 (5) requires the other state or states to join in any
9-23 legal action involving liability from the disposal site;
9-24 (6) requires the other state or states to share the
9-25 full cost of constructing the disposal site;
9-26 (7) allows this state to regulate, in accordance with
9-27 federal law, the means and routes of transportation of the
10-1 low-level radioactive waste in this state;
10-2 (8) requires the other state or states to pay for
10-3 community assistance projects selected by the host county in <which
10-4 the disposal site is located> an amount not less than $1 million or
10-5 10 percent of the amount contributed by the other state or states;
10-6 (9) is agreed to by the Texas Legislature, the
10-7 legislature of the other state or states, and the United States
10-8 Congress; and
10-9 (10) complies with all applicable federal law.
10-10 SECTION 14. Section 402.220, Health and Safety Code, is
10-11 amended by adding Subsections (c), (d), and (e) to read as follows:
10-12 (c) The authority may construct facilities and procure
10-13 equipment required to provide fire, police, and emergency medical
10-14 services needed to support the disposal site.
10-15 (d) The facilities shall be:
10-16 (1) constructed proximate to the disposal site or in
10-17 the nearest community, as determined by the board; and
10-18 (2) in operation before the first day of operation of
10-19 the disposal site.
10-20 (e) The board may contract with local governments, political
10-21 subdivisions, or nonprofit corporations to operate these
10-22 facilities.
10-23 SECTION 15. Section 402.228(b), Health and Safety Code, is
10-24 amended to read as follows:
10-25 (b) On completion of decommissioning activities and receipt
10-26 of necessary approval from federal and state agencies, the board
10-27 shall, if required by law, transfer to the commission <department>
11-1 fee simple title to the disposal site.
11-2 SECTION 16. Subchapter I, Chapter 402, Health and Safety
11-3 Code, is amended to read as follows:
11-4 SUBCHAPTER I. LOCAL PUBLIC PROJECTS <IMPACT ASSISTANCE>
11-5 Sec. 402.251. DEFINITION <LOW-LEVEL RADIOACTIVE WASTE
11-6 DISPOSAL IMPACT ASSISTANCE>. In this subchapter, "local" means
11-7 located in the host county <The citizen's advisory committee shall
11-8 coordinate and make recommendations to the board concerning
11-9 requests from affected political subdivisions for assistance to
11-10 compensate for impacts associated with the disposal site and
11-11 allocations of impact assistance funds>.
11-12 Sec. 402.252. Local Public Projects <Rules for Impact
11-13 Assistance>. (a) The board shall quarterly transfer money in
11-14 the low-level waste fund generated by planning and implementation
11-15 fee surcharges under Sections 402.2721(e) and (f), and that portion
11-16 of waste disposal fees identifiable as adopted for the purposes of
11-17 Sections 402.273(a)(3) and (b) to the commissioners court of the
11-18 host county.
11-19 (b) The commissioners court of the host county may:
11-20 (1) spend the money for local public projects; or
11-21 (2) disburse the money to other local entities or to
11-22 public nonprofit corporations to be spent for local public
11-23 projects.
11-24 (c) Money received from the low-level waste fund under this
11-25 section may be spent only for local public projects that are for
11-26 the use and benefit of the public at large. The board shall adopt
11-27 guidelines for the expenditure of money received under this
12-1 section, and the commissioners court shall spend or disburse the
12-2 money for use according to those guidelines.
12-3 (d) Annually the commissioners court shall provide to the
12-4 board a detailed accounting of the money held, expended, or
12-5 disbursed by the county. <The committee shall adopt rules
12-6 establishing:>
12-7 <(1) criteria for determining the adverse effect that
12-8 the construction and operation of a disposal site will have on
12-9 affected political subdivisions;>
12-10 <(2) priorities of needs for affected political
12-11 subdivisions; and>
12-12 <(3) methods for monitoring the uses and effectiveness
12-13 of impact assistance funds allocated to affected political
12-14 subdivisions under this chapter.>
12-15 Sec. 402.253. EXEMPTION OF FUNDS FROM REVIEW <IMPACT
12-16 ASSISTANCE ALLOCATION>. Funds received by the commissioners court
12-17 of the host county for local public projects are not loans or
12-18 grants-in-aid subject to review by a regional planning commission
12-19 under Chapter 391, Local Government Code. <(a) The committee
12-20 shall annually prepare and recommend to the board for final
12-21 approval a budget that allocates impact assistance funds to
12-22 affected political subdivisions.>
12-23 <(b) The committee shall allocate to each affected political
12-24 subdivision the amount required for impact assistance as provided
12-25 by this subchapter.>
12-26 <(c) Each affected political subdivision must show impact on
12-27 it by providing adequate supporting information to the committee.>
13-1 <(d) Except as provided by Subsection (e), an affected
13-2 political subdivision may not receive as impact assistance more
13-3 than the amount equal to the product of the amount designated by
13-4 the board under this chapter as available for impact assistance
13-5 allocation and the ratio of each affected political subdivision's
13-6 assessed tax valuation to the total assessed tax valuation of all
13-7 the affected political subdivisions.>
13-8 <(e) If the amount determined for an affected political
13-9 subdivision under Subsection (d) is less than the actual amount
13-10 that the affected political subdivision shows to be required for
13-11 impact assistance, the committee may allocate to the affected
13-12 political subdivision an amount that exceeds the determined amount
13-13 if all affected political subdivisions do not qualify for their
13-14 maximum allocations permitted under Subsection (d).>
13-15 <Sec. 402.254. EXEMPTION OF FUNDS FROM REVIEW. Impact
13-16 assistance funds received by affected political subdivisions under
13-17 this subchapter are not loans or grants-in-aid subject to review by
13-18 a regional planning commission under Chapter 391, Local Government
13-19 Code.>
13-20 SECTION 17. Sections 402.272(a) and (b), Health and Safety
13-21 Code, are amended to read as follows:
13-22 (a) The board shall have collected a waste disposal fee to
13-23 be paid by each person who delivers low-level waste to the
13-24 authority for disposal. <Additionally, the board shall collect a
13-25 low-level radioactive waste planning and implementation fee. These
13-26 fees shall as closely as possible allow the board to reimburse
13-27 itself for the present costs of administering, implementing, and
14-1 planning the activities authorized by this chapter and to reimburse
14-2 the general revenue fund for the expenses incurred and paid by the
14-3 authority in selecting, seeking approval for, and constructing a
14-4 disposal site. Money received from these fees shall be deposited
14-5 in the state treasury to the credit of the fund which since the
14-6 creation of the authority was the source for funds used to pay the
14-7 expenses of administering these low-level radioactivity waste
14-8 disposal activities.>
14-9 (b) The board by rule shall adopt and periodically revise
14-10 waste disposal fees according to a schedule that is based on the
14-11 projected annual volume of low-level waste received, <and> the
14-12 relative hazard presented by each type of low-level waste that is
14-13 generated by the users of radioactive materials, and the costs
14-14 identified in Section 402.273. <The board by rule shall establish
14-15 minimum and maximum annual fees which are to be calculated and
14-16 assessed based upon the factors contained in Subsection (a) above.>
14-17 SECTION 18. Section 402.2721, Health and Safety Code, is
14-18 amended to read as follows:
14-19 Sec. 402.2721. Planning and Implementation Fees. (a) The
14-20 board shall adopt and periodically revise a planning and
14-21 implementation fee to be paid by each person in this state who is
14-22 licensed by the department pursuant to the Texas Radiation Control
14-23 Act, or by the United States Nuclear Regulatory Commission pursuant
14-24 to the Atomic Energy Act to possess or use radioactive material or
14-25 to own or operate a production or utilization facility or other
14-26 fixed nuclear facility in this state.
14-27 (b) This fee shall be in an amount that is sufficient to
15-1 allow the authority to recover present and future costs of
15-2 administering, implementing, and planning the activities authorized
15-3 by this chapter before the operation of a disposal site and to
15-4 reimburse the general revenue fund for expenses incurred and paid
15-5 by the authority in selecting, characterizing, and licensing a
15-6 disposal site.
15-7 (c) This fee does not apply to health care providers or
15-8 institutions of higher education until a state disposal facility is
15-9 available to receive the generated wastes.
15-10 (d) <(b)> Fees established under this section shall:
15-11 (1) include minimum and maximum annual fees in an
15-12 amount of at least $5 million for the 1992-1993 biennium to pay for
15-13 the estimated costs of administering, implementing, and planning
15-14 the activities authorized by this chapter and shall include at
15-15 least $5 million to reimburse the general revenue fund for
15-16 appropriations expended and incurred by the authority in selecting,
15-17 characterizing, and licensing a disposal site;
15-18 (2) take into account, the projected annual volume and
15-19 the relative hazard presented by each type of low-level waste
15-20 generated;
15-21 (3) be collected by the department as provided by
15-22 Subchapter H, Chapter 401;
15-23 (4) be deposited in the state treasury to the credit
15-24 of the low-level waste fund, except that at least $10 million
15-25 assessed and collected in the 1992-1993 biennium to reimburse the
15-26 general revenue fund for expenses incurred prior to September 1,
15-27 1991, shall be deposited in the state treasury to the credit of the
16-1 general revenue fund;
16-2 (5) be paid in four quarterly equal installments
16-3 beginning on January 1, 1992, and annually thereafter; and
16-4 (6) expire on the date the authority begins operation
16-5 of a disposal facility.
16-6 (e) For the 1996-1997 biennium and subsequent bienniums, the
16-7 board shall assess a surcharge of 10 percent of the fee established
16-8 for the biennium.
16-9 (f) For the 1994-1995 biennium only, the board shall assess
16-10 a surcharge of 10 percent of the fee established for the 1992-1993
16-11 biennium.
16-12 (g) Surcharges assessed under Subsections (e) and (f) shall
16-13 be used to fund local public projects under Subchapter I.
16-14 (h) <(c)> In determining relative hazard, the board shall
16-15 consider the radioactive, physical, and chemical properties of each
16-16 type of low-level waste.
16-17 SECTION 19. Section 402.273, Health and Safety Code, is
16-18 amended to read as follows:
16-19 Sec. 402.273. Waste Disposal Fee Criteria. (a) Waste
16-20 disposal fees adopted by the board must be sufficient to:
16-21 (1) allow the authority to recover operating and
16-22 maintenance costs;
16-23 (2) provide an amount necessary to meet future costs
16-24 of decommissioning, closing, and postclosure maintenance and
16-25 surveillance of the disposal site;
16-26 (3) provide an amount to fund local public projects
16-27 under Subchapter I <compensate for impacts associated with the
17-1 disposal site>;
17-2 (4) provide an amount sufficient to fund, in whole or
17-3 in part, a rangeland and wildlife management plan;
17-4 (5) provide an amount necessary to pay licensing fees
17-5 and to provide security required by the commission <department>
17-6 under law and commission <department> rules; and
17-7 (6) provide an amount necessary to fund debt service
17-8 and necessary fees and charges, including insurance premiums and
17-9 similar costs, associated with the issuance and payment of bonds
17-10 under Subchapter K.
17-11 (b) <If the authority does not issue bonds under Subchapter
17-12 K, the waste disposal fees must also include an amount sufficient
17-13 to allow the authority to recover expenses incurred before
17-14 beginning operation of the disposal site amortized over a period of
17-15 not more than 20 years beginning on the first day of operation of
17-16 the disposal site.>
17-17 <(c)> The amount required by Subsection (a)(3) <and
17-18 designated by the board as available for impact assistance
17-19 allocation under this chapter> may not be less than 10 percent of
17-20 the annual gross receipts from waste received at the disposal site
17-21 <and may not exceed $300,000 a year for each generator of low-level
17-22 waste. However, during periods of unusual volume generation caused
17-23 by unscheduled refueling, unplanned outages, special maintenance,
17-24 or system decontamination and decommissioning, the amount payable
17-25 by the affected generator may not exceed $500,000 a year for two
17-26 consecutive years>.
17-27 SECTION 20. Sections 402.275(c), (d), (e), (f), (g), and
18-1 (h), Health and Safety Code, are amended to read as follows:
18-2 (c) Money received by the authority, including waste
18-3 disposal fees, planning and implementation fees, surcharges on
18-4 planning and implementation fees, processing and packaging fees,
18-5 civil penalties, payments to the State of Texas under Public Law
18-6 99-240, and other receipts collected by the authority under this
18-7 chapter shall be deposited to the credit of the low-level waste
18-8 fund.
18-9 (d) Except as provided by Subsection (f) <(g)>, money in the
18-10 low-level waste fund may be used to pay:
18-11 (1) operating and maintenance costs of the authority;
18-12 (2) future costs of decommissioning, closing, and
18-13 postclosure maintenance and surveillance of the disposal site;
18-14 (3) licensing fees and to provide security required by
18-15 the commission <department>;
18-16 (4) money judgments rendered against the authority
18-17 that are directed by a court of this state to be paid from this
18-18 fund;
18-19 (5) expenses associated with implementation of the
18-20 rangeland and wildlife management plan;
18-21 (6) funds for local public projects under Subchapter I
18-22 <impact assistance funds for affected political subdivisions>;
18-23 (7) debt service and necessary fees and charges,
18-24 including insurance premiums and similar costs, associated with the
18-25 issuance and payment of bonds under Subchapter K; and
18-26 (8) expenses for any other purpose under this chapter.
18-27 (e) <If the authority does not issue bonds under Subchapter
19-1 K, money in the low-level waste fund may be used to reimburse the
19-2 general revenue fund for expenses incurred by the state before the
19-3 first day of operation of the disposal site and for any other
19-4 maintenance and operating expenses paid by appropriation from the
19-5 general revenue fund.>
19-6 <(f)> A payment for debt service and related costs under
19-7 Subsection (d)(7) has priority for payment from the low-level waste
19-8 fund over a payment for another expense authorized by Subsection
19-9 (d).
19-10 (f) <(g)> Payments to this state under Public Law 99-240 may
19-11 be used only for the purposes stated in the federal law.
19-12 (g) <(h)> The authority may transfer money from the
19-13 low-level waste fund to the radiation and perpetual care fund to
19-14 make payments required by the commission <department> under Section
19-15 401.303.
19-16 SECTION 21. Section 402.056, Health and Safety Code, is
19-17 repealed.
19-18 SECTION 22. (a) The surcharge imposed by Section
19-19 402.2721(f), Health and Safety Code, as added by this Act, shall be
19-20 assessed not later than November 30, 1993.
19-21 (b) The money received by the Hudspeth County Commissioners
19-22 Court under Section 402.252, Health and Safety Code, as amended by
19-23 this Act, in the 1994-1995 biennium may be spent only on local
19-24 public projects that are located within 10 miles of the disposal
19-25 site.
19-26 SECTION 23. Section 401.052, Health and Safety Code, is
19-27 amended to read as follows:
20-1 Sec. 401.052. RULES <AND GUIDELINES> FOR TRANSPORTATION AND
20-2 ROUTING. (a) The board shall adopt rules <and guidelines> that
20-3 provide for transportation and routing of radioactive material and
20-4 waste in this state.
20-5 (b) Rules adopted under this section for radioactive waste
20-6 shall:
20-7 (1) to the extent practicable, be compatible with
20-8 United States Department of Transportation and United States
20-9 Nuclear Regulatory Commission regulations relating to the
20-10 transportation of radioactive waste;
20-11 (2) require each shipper and transporter of
20-12 radioactive waste to adopt an emergency plan approved by the
20-13 department for responding to transportation accidents;
20-14 (3) require the notification and reporting of
20-15 accidents to the department and to local emergency planning
20-16 committees in the county where the accident occurs;
20-17 (4) require each shipper to adopt a quality control
20-18 program approved by the department to verify that shipping
20-19 containers are suitable for shipment to a licensed disposal
20-20 facility; and
20-21 (5) assess a fee on shippers for shipments to a Texas
20-22 low-level radioactive waste disposal facility of radioactive waste
20-23 originating in Texas or out-of-state.
20-24 (c) In promulgating rules under this section, the board
20-25 shall consult with the advisory board and the Texas Natural
20-26 Resource Conservation Commission.
20-27 (d)(1) Fees assessed under this section shall:
21-1 (A) not exceed $10 per cubic foot of shipped
21-2 radioactive waste;
21-3 (B) be collected by the authority and deposited
21-4 to the credit of the radiation and perpetual care fund; and
21-5 (C) be used exclusively by the department for
21-6 emergency planning for and response to transportation accidents
21-7 involving radioactive waste.
21-8 (2) Fee assessments under this section shall be
21-9 suspended when the amount of fees collected reaches $500,000,
21-10 except that if the balance of fees collected is reduced to $350,000
21-11 or less, the assessments shall be reinstituted to bring the balance
21-12 of fees collected to $500,000.
21-13 (e) Money expended from the radiation and perpetual care
21-14 fund to respond to accidents involving radioactive waste must be
21-15 reimbursed to the radiation and perpetual care fund by the
21-16 responsible shipper or transporter according to rules adopted by
21-17 the board.
21-18 (f) In this section:
21-19 (1) "Shipper" means a person who generates low-level
21-20 radioactive waste and ships or arranges with others to ship the
21-21 waste to a disposal site.
21-22 (2) "Authority" means the Texas Low-Level Radioactive
21-23 Waste Disposal Authority.
21-24 SECTION 24. The importance of this legislation and the
21-25 crowded condition of the calendars in both houses create an
21-26 emergency and an imperative public necessity that the
21-27 constitutional rule requiring bills to be read on three several
22-1 days in each house be suspended, and this rule is hereby suspended,
22-2 and that this Act take effect and be in force from and after its
22-3 passage, and it is so enacted.