73R4466 MI-F
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) "Commission" <(5) "Department"> means the Texas
2-1 Natural Resource Conservation Commission <Department of 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 SECTION 2. Section 402.013(c), Health and Safety Code, is
3-14 amended to read as follows:
3-15 (c) After a disposal site is selected under Section 402.090,
3-16 the governor shall appoint to the board, at the earliest
3-17 opportunity, at least one representative of the public as a
3-18 representative of local interests. A representative of the public
3-19 appointed to represent local interests must be a resident of the
3-20 host county <in which the selected site is located>.
3-21 SECTION 3. Section 402.021(b), Health and Safety Code, is
3-22 amended to read as follows:
3-23 (b) The board shall hold an annual meeting in the host
3-24 county with officials <of a county in which a disposal site is
3-25 located> and <with> representatives of <affected> political
3-26 subdivisions of the host county to discuss concerns relating to
3-27 that disposal site.
4-1 SECTION 4. Sections 402.031(c), (d), and (e), Health and
4-2 Safety Code, are amended to read as follows:
4-3 (c) Members of the committee shall be appointed for
4-4 three-year terms by the board after consultation with officials of
4-5 political subdivisions in the host county <Each affected political
4-6 subdivision may appoint one person to the committee for a four-year
4-7 term>.
4-8 (d) The committee shall <may>:
4-9 (1) conduct independent monitoring of disposal site
4-10 activities as authorized by guidelines adopted by the board;
4-11 (2) make recommendations to the board concerning
4-12 operations at the disposal site; and
4-13 (3) execute any other review and monitoring functions
4-14 as recommended by the committee and approved by the board.
4-15 (e) Reasonable notice as required <provided> by the board
4-16 <rules> must be given to the manager of a disposal site before a
4-17 committee member enters a disposal site to exercise any function
4-18 authorized by this section. The board may provide for quarterly
4-19 unannounced inspections of disposal site activities.
4-20 SECTION 5. Section 402.057, Health and Safety Code, is
4-21 amended to read as follows:
4-22 Sec. 402.057. Reports to Legislature. Not later than the
4-23 60th day before the date each regular legislative session convenes,
4-24 the authority shall submit to the appropriate legislative
4-25 committees a biennial report that serves as a basis for periodic
4-26 oversight hearings on the authority's operations and on the status
4-27 of interstate compacts and agreements. The report shall also
5-1 discuss the status of funds held, expended, or disbursed by the
5-2 host county under Section 402.251.
5-3 SECTION 6. Section 402.058, Health and Safety Code, is
5-4 amended to read as follows:
5-5 Sec. 402.058. Health Surveillance Survey. The board, in
5-6 cooperation with the commission, the Texas Department of Health,
5-7 <department> and local public health officials, shall develop
5-8 <study the feasibility of developing> a health surveillance survey
5-9 for the population located in the vicinity of a disposal site.
5-10 SECTION 7. Section 402.088, Health and Safety Code, is
5-11 amended to read as follows:
5-12 Sec. 402.088. Hearing. (a) A hearing under Section 402.085
5-13 shall be held at the county courthouse of the host county <in which
5-14 the proposed disposal site is located>.
5-15 (b) The board shall give notice of the hearing on the
5-16 proposed disposal site by publishing notice in English in a
5-17 newspaper published in the host county <in which the proposed
5-18 disposal site is to be located>. The notice must be published at
5-19 least once each week for four consecutive weeks beginning not later
5-20 than the 31st day before the date set for the hearing.
5-21 (c) If a newspaper is not published in the host county or if
5-22 no newspaper in the host county will publish the notice, the board
5-23 shall post written notice of the hearing in three public places in
5-24 the host county. The board shall post one of the notices at the
5-25 door of the county courthouse. The notices must be posted for at
5-26 least 30 consecutive days preceding the date set for the hearing.
5-27 SECTION 8. Section 402.0922, Health and Safety Code, is
6-1 amended to read as follows:
6-2 Sec. 402.0922. Eminent Domain. The authority may acquire
6-3 land and easements for a disposal site within the geographical area
6-4 described in Section 402.0921 by condemnation and in accordance
6-5 with Chapter 21 of the Property Code.
6-6 SECTION 9. Section 402.094, Health and Safety Code, is
6-7 amended by adding Subsection (d) to read as follows:
6-8 (d) The authority may sell and lease land owned by the
6-9 authority that is not part of a licensed disposal site.
6-10 SECTION 10. Sections 402.152(d) and (e), Health and Safety
6-11 Code, are amended to read as follows:
6-12 (d) The commission <department> shall complete its review of
6-13 the completeness and administrative sufficiency of the application
6-14 within 30 days of receipt of the application from the authority.
6-15 The authority shall promptly respond to the commission's
6-16 <department's> requests for additional documentation or other
6-17 information in order for the commission <department> to complete
6-18 its sufficiency review of the application. If the commission
6-19 <department> does not inform the authority within 45 days of
6-20 receipt of the application that the application is administratively
6-21 sufficient, the application is presumed to be administratively
6-22 sufficient.
6-23 (e) The commission <department> shall:
6-24 (1) complete all activities associated with the review
6-25 and processing of an application, including the publication of an
6-26 environmental assessment, if required, but excluding public
6-27 hearings, and either propose to issue or deny a license for the
7-1 operation of the site no later than 15 months after the date that
7-2 the application is declared or presumed to be administratively
7-3 sufficient; and
7-4 (2) give priority to the review of the application
7-5 over all other radioactive materials and waste licensing and
7-6 registration matters pending before the commission <department>.
7-7 SECTION 11. Section 402.183(c), Health and Safety Code, is
7-8 amended to read as follows:
7-9 (c) If practicable, a person who contracts with the
7-10 authority shall obtain necessary supplies, equipment, and material
7-11 for use under that contract from sources located in the host county
7-12 <in which the disposal site is located> and shall employ required
7-13 personnel from that county.
7-14 SECTION 12. Section 402.213, Health and Safety Code, as
7-15 amended by Section 4, Chapter 583, and Section 4, Chapter 804, Acts
7-16 of the 72nd Legislature, Regular Session, 1991, is reenacted to
7-17 read as follows:
7-18 Sec. 402.213. Contract Authority of Board. In contracting
7-19 with a contract operator, the board may:
7-20 (1) select the contract operator before it obtains the
7-21 license for the disposal site so that the board may allow the
7-22 contract operator to advise and consult with the board, general
7-23 manager, and staff of the authority on the design and disposal
7-24 plans for the site;
7-25 (2) require the contract operator to make all tests,
7-26 keep all records, and prepare all reports required by licenses
7-27 issued for disposal site operations;
8-1 (3) require standards of performance;
8-2 (4) require posting of a bond or other financial
8-3 security by the contract operator to ensure safe operation and
8-4 decommissioning of the disposal site; and
8-5 (5) establish other requirements, including operator
8-6 liability requirements, necessary to assure that the disposal site
8-7 is properly operated and that the public health and safety and the
8-8 environment are protected.
8-9 SECTION 13. Section 402.214, Health and Safety Code, is
8-10 amended to read as follows:
8-11 Sec. 402.214. PROVISIONS OF OPERATION CONTRACT. A contract
8-12 to operate a disposal site must specify that:
8-13 (1) the board retains management authority over the
8-14 disposal site and may monitor and inspect any part of the site and
8-15 operations on the site at any time;
8-16 (2) the contract operator must operate the disposal
8-17 site in a manner that complies with the law and licenses regulating
8-18 operations at the site that are issued by the commission
8-19 <department> and the federal government;
8-20 (3) the contract operator must comply with rules
8-21 adopted by the board that govern operation of the disposal site;
8-22 and
8-23 (4) the contract is subject to termination after
8-24 notice and hearing if the contract operator fails to comply with a
8-25 license issued for the disposal site by the commission <department>
8-26 or by the federal government, fails to comply with the rules of the
8-27 authority, or fails to comply with the contract.
9-1 SECTION 14. Section 402.216(b), Health and Safety Code, is
9-2 amended to read as follows:
9-3 (b) Rules adopted under this section may not be less
9-4 stringent than those adopted by the commission <Texas Board of
9-5 Health>.
9-6 SECTION 15. Section 402.219(c), Health and Safety Code, is
9-7 amended to read as follows:
9-8 (c) The state may enter into compacts with another state or
9-9 several states for the disposal in this state of low-level
9-10 radioactive waste only if the compact:
9-11 (1) limits the total volume of all low-level
9-12 radioactive waste to be disposed of in this state from the other
9-13 state or states to 20 percent of the annual average of low-level
9-14 radioactive waste that the governor projects will be produced in
9-15 this state from the years 1995 through 2045;
9-16 (2) gives this state full administrative control over
9-17 management and operation of the disposal site;
9-18 (3) requires the other state or states to join this
9-19 state in any legal action necessary to prevent states that are not
9-20 members of the compact from disposing of low-level radioactive
9-21 waste at the disposal site;
9-22 (4) allows this state to charge a fee for the disposal
9-23 of low-level radioactive waste at the disposal site;
9-24 (5) requires the other state or states to join in any
9-25 legal action involving liability from the disposal site;
9-26 (6) requires the other state or states to share the
9-27 full cost of constructing the disposal site;
10-1 (7) allows this state to regulate, in accordance with
10-2 federal law, the means and routes of transportation of the
10-3 low-level radioactive waste in this state;
10-4 (8) requires the other state or states to pay for
10-5 community assistance projects selected by the host county in <which
10-6 the disposal site is located> an amount not less than $1 million or
10-7 10 percent of the amount contributed by the other state or states;
10-8 (9) is agreed to by the Texas Legislature, the
10-9 legislature of the other state or states, and the United States
10-10 Congress; and
10-11 (10) complies with all applicable federal law.
10-12 SECTION 16. Section 402.220, Health and Safety Code, is
10-13 amended by adding Subsections (c), (d), and (e) to read as follows:
10-14 (c) The authority may construct facilities and procure
10-15 equipment required to provide fire, police, and emergency medical
10-16 services needed to support the disposal site.
10-17 (d) The facilities shall be:
10-18 (1) constructed proximate to the disposal site or in
10-19 the nearest community, as determined by the board; and
10-20 (2) in operation before the first day of operation of
10-21 the disposal site.
10-22 (e) The board may contract with local governments, political
10-23 subdivisions, or nonprofit corporations to operate these
10-24 facilities.
10-25 SECTION 17. Section 402.221, Health and Safety Code, is
10-26 amended to read as follows:
10-27 Sec. 402.221. Packaging of Radioactive Waste. (a) The
11-1 commission <Texas Board of Health> shall adopt rules relating to
11-2 the packaging of radioactive waste.
11-3 (b) An inspector employed by the commission <department>
11-4 shall inspect all packaged radioactive waste before it is
11-5 transported to a permanent disposal site in this state.
11-6 (c) The commission <department> shall charge a reasonable
11-7 fee for the inspection in an amount not to exceed the cost of
11-8 inspection.
11-9 SECTION 18. Subchapter I, Chapter 402, Health and Safety
11-10 Code, is amended to read as follows:
11-11 SUBCHAPTER I. LOCAL PUBLIC PROJECTS <IMPACT ASSISTANCE>
11-12 Sec. 402.251. LOCAL PUBLIC PROJECTS <LOW-LEVEL RADIOACTIVE
11-13 WASTE DISPOSAL IMPACT ASSISTANCE>. (a) The board shall
11-14 periodically transfer money in the low-level waste fund generated
11-15 by planning and implementation fee surcharges under Sections
11-16 402.2721(e) and (f), and that portion of waste disposal fees
11-17 identifiable as adopted for the purposes of Sections 402.273(a)(3)
11-18 and (b) to the commissioners court of the 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 citizen's advisory committee shall
12-6 coordinate and make recommendations to the board concerning
12-7 requests from affected political subdivisions for assistance to
12-8 compensate for impacts associated with the disposal site and
12-9 allocations of impact assistance funds>.
12-10 Sec. 402.252. Exemption of Funds From Review <Rules for
12-11 Impact Assistance>. Funds received by the commissioners court of
12-12 the host county for local public projects are not loans or
12-13 grants-in-aid subject to review by a regional planning commission
12-14 under Chapter 391, Local Government Code <The committee shall adopt
12-15 rules establishing:>
12-16 <(1) criteria for determining the adverse effect that
12-17 the construction and operation of a disposal site will have on
12-18 affected political subdivisions;>
12-19 <(2) priorities of needs for affected political
12-20 subdivisions; and>
12-21 <(3) methods for monitoring the uses and effectiveness
12-22 of impact assistance funds allocated to affected political
12-23 subdivisions under this chapter>.
12-24 <Sec. 402.253. IMPACT ASSISTANCE ALLOCATION. (a) The
12-25 committee shall annually prepare and recommend to the board for
12-26 final approval a budget that allocates impact assistance funds to
12-27 affected political subdivisions.>
13-1 <(b) The committee shall allocate to each affected political
13-2 subdivision the amount required for impact assistance as provided
13-3 by this subchapter.>
13-4 <(c) Each affected political subdivision must show impact on
13-5 it by providing adequate supporting information to the committee.>
13-6 <(d) Except as provided by Subsection (e), an affected
13-7 political subdivision may not receive as impact assistance more
13-8 than the amount equal to the product of the amount designated by
13-9 the board under this chapter as available for impact assistance
13-10 allocation and the ratio of each affected political subdivision's
13-11 assessed tax valuation to the total assessed tax valuation of all
13-12 the affected political subdivisions.>
13-13 <(e) If the amount determined for an affected political
13-14 subdivision under Subsection (d) is less than the actual amount
13-15 that the affected political subdivision shows to be required for
13-16 impact assistance, the committee may allocate to the affected
13-17 political subdivision an amount that exceeds the determined amount
13-18 if all affected political subdivisions do not qualify for their
13-19 maximum allocations permitted under Subsection (d).>
13-20 <Sec. 402.254. EXEMPTION OF FUNDS FROM REVIEW. Impact
13-21 assistance funds received by affected political subdivisions under
13-22 this subchapter are not loans or grants-in-aid subject to review by
13-23 a regional planning commission under Chapter 391, Local Government
13-24 Code.>
13-25 SECTION 19. Sections 402.272(a) and (b), Health and Safety
13-26 Code, are amended to read as follows:
13-27 (a) The board shall have collected a waste disposal fee to
14-1 be paid by each person who delivers low-level waste to the
14-2 authority for disposal. <Additionally, the board shall collect a
14-3 low-level radioactive waste planning and implementation fee. These
14-4 fees shall as closely as possible allow the board to reimburse
14-5 itself for the present costs of administering, implementing, and
14-6 planning the activities authorized by this chapter and to reimburse
14-7 the general revenue fund for the expenses incurred and paid by the
14-8 authority in selecting, seeking approval for, and constructing a
14-9 disposal site. Money received from these fees shall be deposited
14-10 in the state treasury to the credit of the fund which since the
14-11 creation of the authority was the source for funds used to pay the
14-12 expenses of administering these low-level radioactivity waste
14-13 disposal activities.>
14-14 (b) The board by rule shall adopt and periodically revise
14-15 waste disposal fees according to a schedule that is based on the
14-16 projected annual volume of low-level waste received, <and> the
14-17 relative hazard presented by each type of low-level waste that is
14-18 generated by the users of radioactive materials, and the costs
14-19 identified in Section 402.273. <The board by rule shall establish
14-20 minimum and maximum annual fees which are to be calculated and
14-21 assessed based upon the factors contained in Subsection (a) above.>
14-22 SECTION 20. Section 402.2721, Health and Safety Code, is
14-23 amended to read as follows:
14-24 Sec. 402.2721. Planning and Implementation Fees. (a) The
14-25 board shall adopt and periodically revise a planning and
14-26 implementation fee to be paid by each person in this state who is
14-27 licensed by the commission <department> pursuant to the Texas
15-1 Radiation Control Act, or by the United States Nuclear Regulatory
15-2 Commission pursuant to the Atomic Energy Act to possess or use
15-3 radioactive material or to own or operate a production or
15-4 utilization facility or other fixed nuclear facility in this state.
15-5 (b) This fee shall be in an amount that is sufficient to
15-6 allow the authority to recover present and future costs of
15-7 administering, implementing, and planning the activities authorized
15-8 by this chapter before the operation of a disposal site and to
15-9 reimburse the general revenue fund for expenses incurred and paid
15-10 by the authority in selecting, characterizing, and licensing a
15-11 disposal site.
15-12 (c) This fee does not apply to health care providers or
15-13 institutions of higher education until a state disposal facility is
15-14 available to receive the generated wastes.
15-15 (d) <(b)> Fees established under this section shall:
15-16 (1) include minimum and maximum annual fees in an
15-17 amount of at least $5 million for the 1992-1993 biennium to pay for
15-18 the estimated costs of administering, implementing, and planning
15-19 the activities authorized by this chapter and shall include at
15-20 least $5 million to reimburse the general revenue fund for
15-21 appropriations expended and incurred by the authority in selecting,
15-22 characterizing, and licensing a disposal site;
15-23 (2) take into account, the projected annual volume and
15-24 the relative hazard presented by each type of low-level waste
15-25 generated;
15-26 (3) be collected by the commission <department> as
15-27 provided by Subchapter H, Chapter 401;
16-1 (4) be deposited in the state treasury to the credit
16-2 of the low-level waste fund, except that at least $10 million
16-3 assessed and collected in the 1992-1993 biennium to reimburse the
16-4 general revenue fund for expenses incurred prior to September 1,
16-5 1991, shall be deposited in the state treasury to the credit of the
16-6 general revenue fund;
16-7 (5) be paid in four quarterly equal installments
16-8 beginning on January 1, 1992, and annually thereafter; and
16-9 (6) expire on the date the authority begins operation
16-10 of a disposal facility.
16-11 (e) For the 1994-1995 biennium and subsequent bienniums, the
16-12 board shall assess a surcharge of 10 percent of the fee established
16-13 for the biennium.
16-14 (f) For the 1994-1995 biennium only, the board shall assess
16-15 an additional surcharge of 10 percent of the fee established for
16-16 the 1992-1993 biennium.
16-17 (g) Surcharges assessed under Subsections (e) and (f) shall
16-18 be used to fund local public projects under Section 402.251 and may
16-19 be used for construction of facilities and procurement of equipment
16-20 to implement the emergency response requirements of Section
16-21 402.220.
16-22 (h) <(c)> In determining relative hazard, the board shall
16-23 consider the radioactive, physical, and chemical properties of each
16-24 type of low-level waste.
16-25 SECTION 21. Section 402.273, Health and Safety Code, is
16-26 amended to read as follows:
16-27 Sec. 402.273. Waste Disposal Fee Criteria. (a) Waste
17-1 disposal fees adopted by the board must be sufficient to:
17-2 (1) allow the authority to recover operating and
17-3 maintenance costs;
17-4 (2) provide an amount necessary to meet future costs
17-5 of decommissioning, closing, and postclosure maintenance and
17-6 surveillance of the disposal site;
17-7 (3) provide an amount to fund local public projects
17-8 under Section 402.251 <compensate for impacts associated with the
17-9 disposal site>;
17-10 (4) provide an amount sufficient to fund, in whole or
17-11 in part, a rangeland and wildlife management plan;
17-12 (5) provide an amount necessary to pay licensing fees
17-13 and to provide security required by the commission <department>
17-14 under law and commission <department> rules; and
17-15 (6) provide an amount necessary to fund debt service
17-16 and necessary fees and charges, including insurance premiums and
17-17 similar costs, associated with the issuance and payment of bonds
17-18 under Subchapter K.
17-19 (b) <If the authority does not issue bonds under Subchapter
17-20 K, the waste disposal fees must also include an amount sufficient
17-21 to allow the authority to recover expenses incurred before
17-22 beginning operation of the disposal site amortized over a period of
17-23 not more than 20 years beginning on the first day of operation of
17-24 the disposal site.>
17-25 <(c)> The amount required by Subsection (a)(3) <and
17-26 designated by the board as available for impact assistance
17-27 allocation under this chapter> may not be less than 10 percent of
18-1 the annual gross receipts from waste received at the disposal site
18-2 <and may not exceed $300,000 a year for each generator of low-level
18-3 waste. However, during periods of unusual volume generation caused
18-4 by unscheduled refueling, unplanned outages, special maintenance,
18-5 or system decontamination and decommissioning, the amount payable
18-6 by the affected generator may not exceed $500,000 a year for two
18-7 consecutive years>.
18-8 SECTION 22. Sections 402.275(c), (d), (e), (f), (g), and
18-9 (h), Health and Safety Code, are amended to read as follows:
18-10 (c) Money received by the authority, including waste
18-11 disposal fees, planning and implementation fees, surcharges on
18-12 planning and implementation fees, processing and packaging fees,
18-13 civil penalties, payments to the State of Texas under Public Law
18-14 99-240, and other receipts collected by the authority under this
18-15 chapter shall be deposited to the credit of the low-level waste
18-16 fund.
18-17 (d) Except as provided by Subsection (f) <(g)>, money in the
18-18 low-level waste fund may be used to pay:
18-19 (1) operating and maintenance costs of the authority;
18-20 (2) future costs of decommissioning, closing, and
18-21 postclosure maintenance and surveillance of the disposal site;
18-22 (3) licensing fees and to provide security required by
18-23 the commission <department>;
18-24 (4) money judgments rendered against the authority
18-25 that are directed by a court of this state to be paid from this
18-26 fund;
18-27 (5) expenses associated with implementation of the
19-1 rangeland and wildlife management plan;
19-2 (6) funds for local public projects under Section
19-3 402.251 <impact assistance funds for affected political
19-4 subdivisions>;
19-5 (7) debt service and necessary fees and charges,
19-6 including insurance premiums and similar costs, associated with the
19-7 issuance and payment of bonds under Subchapter K; and
19-8 (8) expenses for any other purpose under this chapter.
19-9 (e) <If the authority does not issue bonds under Subchapter
19-10 K, money in the low-level waste fund may be used to reimburse the
19-11 general revenue fund for expenses incurred by the state before the
19-12 first day of operation of the disposal site and for any other
19-13 maintenance and operating expenses paid by appropriation from the
19-14 general revenue fund.>
19-15 <(f)> A payment for debt service and related costs under
19-16 Subsection (d)(7) has priority for payment from the low-level waste
19-17 fund over a payment for another expense authorized by Subsection
19-18 (d).
19-19 (f) <(g)> Payments to this state under Public Law 99-240 may
19-20 be used only for the purposes stated in the federal law.
19-21 (g) <(h)> The authority may transfer money from the
19-22 low-level waste fund to the radiation and perpetual care fund to
19-23 make payments required by the commission <department> under Section
19-24 401.303.
19-25 SECTION 23. Section 402.056, Health and Safety Code, is
19-26 repealed.
19-27 SECTION 24. (a) The surcharge imposed by Section
20-1 402.2721(f), Health and Safety Code, as added by this Act, shall be
20-2 assessed not later than November 30, 1993.
20-3 (b) The money received by the Hudspeth County Commissioners
20-4 Court under Section 402.251, Health and Safety Code, as amended by
20-5 this Act, in the 1993-1994 biennium may be spent only on local
20-6 public projects that are located within 10 miles of the disposal
20-7 site.
20-8 SECTION 25. The importance of this legislation and the
20-9 crowded condition of the calendars in both houses create an
20-10 emergency and an imperative public necessity that the
20-11 constitutional rule requiring bills to be read on three several
20-12 days in each house be suspended, and this rule is hereby suspended,
20-13 and that this Act take effect and be in force from and after its
20-14 passage, and it is so enacted.