1-1  By:  Gallego (Senate Sponsor - Zaffirini)             H.B. No. 2318
    1-2        (In the Senate - Received from the House May 3, 1993;
    1-3  May 4, 1993, read first time and referred to Committee on Natural
    1-4  Resources; May 17, 1993, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 10, Nays 0;
    1-6  May 17, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Sims               x                               
   1-10        Truan              x                               
   1-11        Armbrister         x                               
   1-12        Barrientos                                     x   
   1-13        Bivins             x                               
   1-14        Brown              x                               
   1-15        Carriker           x                               
   1-16        Lucio              x                               
   1-17        Montford           x                               
   1-18        Ratliff            x                               
   1-19        Shelley            x                               
   1-20  COMMITTEE SUBSTITUTE FOR H.B. No. 2318                   By:  Truan
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the Texas Low-Level Radioactive Waste Disposal
   1-24  Authority.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Section 402.003, Health and Safety Code, is
   1-27  amended to read as follows:
   1-28        Sec. 402.003.  Definitions.  In this chapter:
   1-29              (1)  <"Affected political subdivision" means a
   1-30  municipality, county, hospital district, school district, water
   1-31  district, or other political subdivision of this state that may
   1-32  reasonably be expected to incur expenses in connection with
   1-33  additional fire, police, education, utility, public access, and
   1-34  other governmental services, public works projects, and planning
   1-35  that are required by that political subdivision as a result of the
   1-36  construction and operation of a disposal site in or adjacent to the
   1-37  political subdivision.>
   1-38              <(2)>  "Authority" means the Texas Low-Level
   1-39  Radioactive Waste Disposal Authority.
   1-40              (2) <(3)>  "Board" means the board of directors of the
   1-41  authority.
   1-42              (3) <(4)>  "Contract operator" means a political
   1-43  subdivision or agency of the state or a private entity with which
   1-44  the authority has entered into a contract under Section 402.212.
   1-45              (4) <(5)>  "Department" means the Texas Department of
   1-46  Health.
   1-47              (5) <(6)>  "Disposal site" means the property and
   1-48  facilities acquired, constructed, and owned by the authority at
   1-49  which low-level waste can be processed and disposed of permanently.
   1-50              (6) <(7)>  "Low-level waste" means radioactive material
   1-51  that has a half-life of 35 years or less or fewer than 10
   1-52  nanocuries per gram of transuranics, and may include radioactive
   1-53  material not excluded by this subdivision with a half-life of more
   1-54  than 35 years if special criteria for disposal of that waste are
   1-55  established by the department.  The term does not include
   1-56  irradiated reactor fuel and high-level radioactive waste as defined
   1-57  by Title 10, Code of Federal Regulations.
   1-58              (7) <(8)>  "Management" means establishing, adopting,
   1-59  and entering into and assuring compliance with the general
   1-60  policies, rules, and contracts that govern the operation of a
   1-61  disposal site.
   1-62              (8) <(9)>  "Operation" means the control, supervision,
   1-63  and implementation of the actual physical activities involved in
   1-64  the receipt, processing, packaging, storage, disposal, and
   1-65  monitoring of low-level waste at a disposal site, the maintenance
   1-66  of a disposal site, and any other responsibilities designated by
   1-67  the board as part of the operation.
   1-68              (9) <(10)>  "Person" includes a legal successor to or
    2-1  representative, agent, or agency of any person.
    2-2              (10) <(11)>  "Radioactive material" means solid,
    2-3  liquid, or gaseous material, whether occurring naturally or
    2-4  produced artificially, that emits radiation spontaneously.
    2-5              (11) <(12)>  "Rangeland and wildlife management plan"
    2-6  means a plan that applies rangeland and wildlife habitat management
    2-7  techniques to land located in the vicinity of a disposal site so
    2-8  that the natural productivity and economic value of the land are
    2-9  enhanced.
   2-10              (12) <(13)>  "Bond" means any type of obligation issued
   2-11  by the authority under this chapter, including a certificate of
   2-12  obligation, bond, note, draft, bill, warrant, debenture, interim
   2-13  certificate, revenue or bond anticipation note, or other evidence
   2-14  of indebtedness.
   2-15              (13)  "Host county" means the county in which the
   2-16  disposal site is or will be located.
   2-17              (14)  "Commission" means the Texas Natural Resource
   2-18  Conservation Commission.
   2-19        SECTION 2.  Section 402.013(c), Health and Safety Code, is
   2-20  amended to read as follows:
   2-21        (c)  After a disposal site is selected under Section 402.090,
   2-22  the governor shall appoint to the board, at the earliest
   2-23  opportunity, at least one representative of the public as a
   2-24  representative of local interests.  A representative of the public
   2-25  appointed to represent local interests must be a resident of the
   2-26  host county.  The representative may not be an elected county
   2-27  official or a county employee <in which the selected site is
   2-28  located>.
   2-29        SECTION 3.  Section 402.021(b), Health and Safety Code, is
   2-30  amended to read as follows:
   2-31        (b)  In accordance with the open meetings law, Chapter 271,
   2-32  Acts of the 60th Legislature, Regular Session, 1967 (Article
   2-33  6252-17, Vernon's Texas Civil Statutes), the <The> board shall hold
   2-34  an annual meeting in the host county with officials <of a county in
   2-35  which a disposal site is located> and <with> representatives of
   2-36  <affected> political subdivisions of the host county to discuss
   2-37  concerns relating to that disposal site.
   2-38        SECTION 4.  Sections 402.031(c), (d), and (e), Health and
   2-39  Safety Code, are amended to read as follows:
   2-40        (c)  Members of the committee shall be appointed for
   2-41  three-year terms by the board after consultation with officials of
   2-42  political subdivisions in the host county <Each affected political
   2-43  subdivision may appoint one person to the committee for a four-year
   2-44  term>.
   2-45        (d)  The committee shall <may>:
   2-46              (1)  conduct independent monitoring of disposal site
   2-47  activities as authorized by guidelines adopted by the board;
   2-48              (2)  make recommendations to the board concerning
   2-49  operations at the disposal site; and
   2-50              (3)  execute any other review and monitoring functions
   2-51  as recommended by the committee and approved by the board.
   2-52        (e)  Reasonable notice as required <provided> by the board
   2-53  <rules> must be given to the manager of a disposal site before a
   2-54  committee member enters a disposal site to exercise any function
   2-55  authorized by this section.  The board shall provide for quarterly
   2-56  unannounced inspections of disposal site activities.
   2-57        SECTION 5.  Section 402.057, Health and Safety Code, is
   2-58  amended to read as follows:
   2-59        Sec. 402.057.  Reports to Legislature.  Not later than the
   2-60  60th day before the date each regular legislative session convenes,
   2-61  the authority shall submit to the appropriate legislative
   2-62  committees a biennial report that serves as a basis for periodic
   2-63  oversight hearings on the authority's operations and on the status
   2-64  of interstate compacts and agreements.  The report shall also
   2-65  discuss the status of funds held, expended, or disbursed by the
   2-66  host county under Section 402.251.
   2-67        SECTION 6.  Section 402.058, Health and Safety Code, is
   2-68  amended to read as follows:
   2-69        Sec. 402.058.  Health Surveillance Survey.  The board, in
   2-70  cooperation with the commission, the Texas Department of Health,
    3-1  <department> and local public health officials, shall develop
    3-2  <study the feasibility of developing> a health surveillance survey
    3-3  for the population located in the vicinity of a disposal site.
    3-4        SECTION 7.  Section 402.088, Health and Safety Code, is
    3-5  amended to read as follows:
    3-6        Sec. 402.088.  Hearing.  (a)  A hearing under Section 402.085
    3-7  shall be held at the county courthouse of the host county <in which
    3-8  the proposed disposal site is located>.
    3-9        (b)  The board shall give notice of the hearing on the
   3-10  proposed disposal site by publishing notice in English and Spanish
   3-11  in a newspaper published in the host county <in which the proposed
   3-12  disposal site is to be located>.  The notice must be published at
   3-13  least once each week for four consecutive weeks beginning not later
   3-14  than the 31st day before the date set for the hearing.
   3-15        (c)  If a newspaper is not published in the host county or if
   3-16  no newspaper in the host county will publish the notice, the board
   3-17  shall post written notice of the hearing in three public places in
   3-18  the host county.  The board shall post one of the notices at the
   3-19  door of the county courthouse.  The notices must be posted for at
   3-20  least 30 consecutive days preceding the date set for the hearing.
   3-21        SECTION 8.  Section 402.094, Health and Safety Code, is
   3-22  amended by adding Subsection (d) to read as follows:
   3-23        (d)  The authority may lease land owned by the authority that
   3-24  is not part of a licensed disposal site.  Land leased by the
   3-25  authority under this section may be used only for agricultural,
   3-26  ranching, or grazing purposes.
   3-27        SECTION 9.  Sections 402.152(d) and (e), Health and Safety
   3-28  Code, are amended to read as follows:
   3-29        (d)  The commission <department> shall complete its review of
   3-30  the completeness and administrative sufficiency of the application
   3-31  within 30 days of receipt of the application from the authority.
   3-32  The authority shall promptly respond to the commission's
   3-33  <department's> requests for additional documentation or other
   3-34  information in order for the commission <department> to complete
   3-35  its sufficiency review of the application.   If the commission
   3-36  <department> does not inform the authority within 45 days of
   3-37  receipt of the application that the application is administratively
   3-38  sufficient, the application is presumed to be administratively
   3-39  sufficient.
   3-40        (e)  The commission <department> shall:
   3-41              (1)  complete all activities associated with the review
   3-42  and processing of an application, including the publication of an
   3-43  environmental assessment, if required, but excluding public
   3-44  hearings, and either propose to issue or deny a license for the
   3-45  operation of the site no later than 15 months after the date that
   3-46  the application is declared or presumed to be administratively
   3-47  sufficient; and
   3-48              (2)  give priority to the review of the application
   3-49  over all other radioactive materials and waste licensing and
   3-50  registration matters pending before the commission <department>.
   3-51        SECTION 10.  Section 402.183(c), Health and Safety Code, is
   3-52  amended to read as follows:
   3-53        (c)  If practicable, a person who contracts with the
   3-54  authority shall obtain necessary supplies, equipment, and material
   3-55  for use under that contract from sources located in the host county
   3-56  <in which the disposal site is located> and shall employ required
   3-57  personnel from that county.
   3-58        SECTION 11.  Section 402.213, Health and Safety Code, as
   3-59  amended by Section 4, Chapter 583, and Section 4, Chapter 804, Acts
   3-60  of the 72nd Legislature, Regular Session, 1991, is reenacted to
   3-61  read as follows:
   3-62        Sec. 402.213.  Contract Authority of Board.  In contracting
   3-63  with a contract operator, the board may:
   3-64              (1)  select the contract operator before it obtains the
   3-65  license for the disposal site so that the board may allow the
   3-66  contract operator to advise and consult with the board, general
   3-67  manager, and staff of the authority on the design and disposal
   3-68  plans for the site;
   3-69              (2)  require the contract operator to make all tests,
   3-70  keep all records, and prepare all reports required by licenses
    4-1  issued for disposal site operations;
    4-2              (3)  require standards of performance;
    4-3              (4)  require posting of a bond or other financial
    4-4  security by the contract operator to ensure safe operation and
    4-5  decommissioning of the disposal site; and
    4-6              (5)  establish other requirements, including operator
    4-7  liability requirements, necessary to assure that the disposal site
    4-8  is properly operated and that the public health and safety and the
    4-9  environment are protected.
   4-10        SECTION 12.  Section 402.214, Health and Safety Code, is
   4-11  amended to read as follows:
   4-12        Sec. 402.214.  PROVISIONS OF OPERATION CONTRACT.  A contract
   4-13  to operate a disposal site must specify that:
   4-14              (1)  the board retains management authority over the
   4-15  disposal site and may monitor and inspect any part of the site and
   4-16  operations on the site at any time;
   4-17              (2)  the contract operator must operate the disposal
   4-18  site in a manner that complies with the law and licenses regulating
   4-19  operations at the site that are issued by the commission
   4-20  <department> and the federal government;
   4-21              (3)  the contract operator must comply with rules
   4-22  adopted by the board that govern operation of the disposal site;
   4-23  and
   4-24              (4)  the contract is subject to termination after
   4-25  notice and hearing if the contract operator fails to comply with a
   4-26  license issued for the disposal site by the commission <department>
   4-27  or by the federal government, fails to comply with the rules of the
   4-28  authority, or fails to comply with the contract.
   4-29        SECTION 13.  Section 402.219(c), Health and Safety Code, is
   4-30  amended to read as follows:
   4-31        (c)  The state may enter into compacts with another state or
   4-32  several states for the disposal in this state of low-level
   4-33  radioactive waste only if the compact:
   4-34              (1)  limits the total volume of all low-level
   4-35  radioactive waste to be disposed of in this state from the other
   4-36  state or states to 20 percent of the annual average of low-level
   4-37  radioactive waste that the governor projects will be produced in
   4-38  this state from the years 1995 through 2045;
   4-39              (2)  gives this state full administrative control over
   4-40  management and operation of the disposal site;
   4-41              (3)  requires the other state or states to join this
   4-42  state in any legal action necessary to prevent states that are not
   4-43  members of the compact from disposing of low-level radioactive
   4-44  waste at the disposal site;
   4-45              (4)  allows this state to charge a fee for the disposal
   4-46  of low-level radioactive waste at the disposal site;
   4-47              (5)  requires the other state or states to join in any
   4-48  legal action involving liability from the disposal site;
   4-49              (6)  requires the other state or states to share the
   4-50  full cost of constructing the disposal site;
   4-51              (7)  allows this state to regulate, in accordance with
   4-52  federal law, the means and routes of transportation of the
   4-53  low-level radioactive waste in this state;
   4-54              (8)  requires the other state or states to pay for
   4-55  community assistance projects selected by the host county in <which
   4-56  the disposal site is located> an amount not less than $1 million or
   4-57  10 percent of the amount contributed by the other state or states;
   4-58              (9)  is agreed to by the Texas Legislature, the
   4-59  legislature of the other state or states, and the United States
   4-60  Congress; and
   4-61              (10)  complies with all applicable federal law.
   4-62        SECTION 14.  Section 402.220, Health and Safety Code, is
   4-63  amended by adding Subsections (c), (d), and (e) to read as follows:
   4-64        (c)  The authority may construct facilities and procure
   4-65  equipment required to provide fire, police, and emergency medical
   4-66  services needed to support the disposal site.
   4-67        (d)  The facilities shall be:
   4-68              (1)  constructed proximate to the disposal site or in
   4-69  the nearest community, as determined by the board; and
   4-70              (2)  in operation before the first day of operation of
    5-1  the disposal site.
    5-2        (e)  The board may contract with local governments, political
    5-3  subdivisions, or nonprofit corporations to operate these
    5-4  facilities.
    5-5        SECTION 15.  Section 402.228(b), Health and Safety Code, is
    5-6  amended to read as follows:
    5-7        (b)  On completion of decommissioning activities and receipt
    5-8  of necessary approval from federal and state agencies, the board
    5-9  shall, if required by law, transfer to the commission <department>
   5-10  fee simple title to the disposal site.
   5-11        SECTION 16.  Subchapter I, Chapter 402, Health and Safety
   5-12  Code, is amended to read as follows:
   5-13       SUBCHAPTER I.  LOCAL PUBLIC PROJECTS <IMPACT ASSISTANCE>
   5-14        Sec. 402.251.  DEFINITION <LOW-LEVEL RADIOACTIVE WASTE
   5-15  DISPOSAL IMPACT ASSISTANCE>.  In this subchapter, "local" means
   5-16  located in the host county  <The citizen's advisory committee shall
   5-17  coordinate and make recommendations to the board concerning
   5-18  requests from affected political subdivisions for assistance to
   5-19  compensate for impacts associated with the disposal site and
   5-20  allocations of impact assistance funds>.
   5-21        Sec. 402.252.  Local Public Projects <Rules for Impact
   5-22  Assistance>.      (a)  The board shall quarterly transfer money in
   5-23  the low-level waste fund generated by planning and implementation
   5-24  fee surcharges under Sections 402.2721(e) and (f), and that portion
   5-25  of waste disposal fees identifiable as adopted for the purposes of
   5-26  Sections 402.273(a)(3) and (b) to the commissioners court of the
   5-27  host county.
   5-28        (b)  The commissioners court of the host county may:
   5-29              (1)  spend the money for local public projects; or
   5-30              (2)  disburse the money to other local entities or to
   5-31  public nonprofit corporations to be spent for local public
   5-32  projects.
   5-33        (c)  Money received from the low-level waste fund under this
   5-34  section may be spent only for local public projects that are for
   5-35  the use and benefit of the public at large.  The board shall adopt
   5-36  guidelines for the expenditure of money received under this
   5-37  section, and the commissioners court shall spend or disburse the
   5-38  money for use according to those guidelines.
   5-39        (d)  Annually the commissioners court shall provide to the
   5-40  board a detailed accounting of the money held, expended, or
   5-41  disbursed by the county.  <The committee shall adopt rules
   5-42  establishing:>
   5-43              <(1)  criteria for determining the adverse effect that
   5-44  the construction and operation of a disposal site will have on
   5-45  affected political subdivisions;>
   5-46              <(2)  priorities of needs for affected political
   5-47  subdivisions; and>
   5-48              <(3)  methods for monitoring the uses and effectiveness
   5-49  of impact assistance funds allocated to affected political
   5-50  subdivisions under this chapter.>
   5-51        Sec. 402.253.  EXEMPTION OF FUNDS FROM REVIEW <IMPACT
   5-52  ASSISTANCE ALLOCATION>.  Funds received by the commissioners court
   5-53  of the host county for local public projects are not loans or
   5-54  grants-in-aid subject to review by a regional planning commission
   5-55  under Chapter 391, Local Government Code.  <(a)  The committee
   5-56  shall annually prepare and recommend to the board for final
   5-57  approval a budget that allocates impact assistance funds to
   5-58  affected political subdivisions.>
   5-59        <(b)  The committee shall allocate to each affected political
   5-60  subdivision the amount required for impact assistance as provided
   5-61  by this subchapter.>
   5-62        <(c)  Each affected political subdivision must show impact on
   5-63  it by providing adequate supporting information to the committee.>
   5-64        <(d)  Except as provided by Subsection (e), an affected
   5-65  political subdivision may not receive as impact assistance more
   5-66  than the amount equal to the product of the amount designated by
   5-67  the board under this chapter as available for impact assistance
   5-68  allocation and the ratio of each affected political subdivision's
   5-69  assessed tax valuation to the total assessed tax valuation of all
   5-70  the affected political subdivisions.>
    6-1        <(e)  If the amount determined for an affected political
    6-2  subdivision under Subsection (d) is less than the actual amount
    6-3  that the affected political subdivision shows to be required for
    6-4  impact assistance, the committee may allocate to the affected
    6-5  political subdivision an amount that exceeds the determined amount
    6-6  if all affected political subdivisions do not qualify for their
    6-7  maximum allocations permitted under Subsection (d).>
    6-8        <Sec. 402.254.  EXEMPTION OF FUNDS FROM REVIEW.  Impact
    6-9  assistance funds received by affected political subdivisions under
   6-10  this subchapter are not loans or grants-in-aid subject to review by
   6-11  a regional planning commission under Chapter 391, Local Government
   6-12  Code.>
   6-13        SECTION 17.  Sections 402.272(a) and (b), Health and Safety
   6-14  Code, are amended to read as follows:
   6-15        (a)  The board shall have collected a waste disposal fee to
   6-16  be paid by each person who delivers low-level waste to the
   6-17  authority for disposal.  <Additionally, the board shall collect a
   6-18  low-level radioactive waste planning and implementation fee.  These
   6-19  fees shall as closely as possible allow the board to reimburse
   6-20  itself for the present costs of administering, implementing, and
   6-21  planning the activities authorized by this chapter and to reimburse
   6-22  the general revenue fund for the expenses incurred and paid by the
   6-23  authority in selecting, seeking approval for, and constructing a
   6-24  disposal site.  Money received from these fees shall be deposited
   6-25  in the state treasury to the credit of the fund which since the
   6-26  creation of the authority was the source for funds used to pay the
   6-27  expenses of administering these low-level radioactivity waste
   6-28  disposal activities.>
   6-29        (b)  The board by rule shall adopt and periodically revise
   6-30  waste disposal fees according to a schedule that is based on the
   6-31  projected annual volume of low-level waste received, <and> the
   6-32  relative hazard presented by each type of low-level waste that is
   6-33  generated by the users of radioactive materials, and the costs
   6-34  identified in Section 402.273.  <The board by rule shall establish
   6-35  minimum and maximum annual fees which are to be calculated and
   6-36  assessed based upon the factors contained in Subsection (a) above.>
   6-37        SECTION 18.  Section 402.2721, Health and Safety Code, is
   6-38  amended to read as follows:
   6-39        Sec. 402.2721.  Planning and Implementation Fees.  (a)  The
   6-40  board shall adopt and periodically revise a planning and
   6-41  implementation fee to be paid by each person in this state who is
   6-42  licensed by the department pursuant to the Texas Radiation Control
   6-43  Act, or by the United States Nuclear Regulatory Commission pursuant
   6-44  to the Atomic Energy Act to possess or use radioactive material or
   6-45  to own or operate a production or utilization facility or other
   6-46  fixed nuclear facility in this state.
   6-47        (b)  This fee shall be in an amount that is sufficient to
   6-48  allow the authority to recover present and future costs of
   6-49  administering, implementing, and planning the activities authorized
   6-50  by this chapter before the operation of a disposal site and to
   6-51  reimburse the general revenue fund for expenses incurred and paid
   6-52  by the authority in selecting, characterizing, and licensing a
   6-53  disposal site.
   6-54        (c)  This fee does not apply to health care providers or
   6-55  institutions of higher education until a state disposal facility is
   6-56  available to receive the generated wastes.
   6-57        (d) <(b)>  Fees established under this section shall:
   6-58              (1)  include minimum and maximum annual fees in an
   6-59  amount of at least $5 million for the 1992-1993 biennium to pay for
   6-60  the estimated costs of administering, implementing, and planning
   6-61  the activities authorized by this chapter and shall include at
   6-62  least $5 million to reimburse the general revenue fund for
   6-63  appropriations expended and incurred by the authority in selecting,
   6-64  characterizing, and licensing a disposal site;
   6-65              (2)  take into account, the projected annual volume and
   6-66  the relative hazard presented by each type of low-level waste
   6-67  generated;
   6-68              (3)  be collected by the department as provided by
   6-69  Subchapter H, Chapter 401;
   6-70              (4)  be deposited in the state treasury to the credit
    7-1  of the low-level waste fund, except that at least $10 million
    7-2  assessed and collected in the 1992-1993 biennium to reimburse the
    7-3  general revenue fund for expenses incurred prior to September 1,
    7-4  1991, shall be deposited in the state treasury to the credit of the
    7-5  general revenue fund;
    7-6              (5)  be paid in four quarterly equal installments
    7-7  beginning on January 1, 1992, and annually thereafter; and
    7-8              (6)  expire on the date the authority begins operation
    7-9  of a disposal facility.
   7-10        (e)  For the 1996-1997 biennium and subsequent bienniums, the
   7-11  board shall assess a surcharge of 10 percent of the fee established
   7-12  for the biennium.
   7-13        (f)  For the 1994-1995 biennium only, the board shall assess
   7-14  a surcharge of 10 percent of the fee established for the 1992-1993
   7-15  biennium.
   7-16        (g)  Surcharges assessed under Subsections (e) and (f) shall
   7-17  be used to fund local public projects under Subchapter I.
   7-18        (h) <(c)>  In determining relative hazard, the board shall
   7-19  consider the radioactive, physical, and chemical properties of each
   7-20  type of low-level waste.
   7-21        SECTION 19.  Section 402.273, Health and Safety Code, is
   7-22  amended to read as follows:
   7-23        Sec. 402.273.  Waste Disposal Fee Criteria.  (a)  Waste
   7-24  disposal fees adopted by the board must be sufficient to:
   7-25              (1)  allow the authority to recover operating and
   7-26  maintenance costs;
   7-27              (2)  provide an amount necessary to meet future costs
   7-28  of decommissioning, closing, and postclosure maintenance and
   7-29  surveillance of the disposal site;
   7-30              (3)  provide an amount to fund local public projects
   7-31  under Subchapter I <compensate for impacts associated with the
   7-32  disposal site>;
   7-33              (4)  provide an amount sufficient to fund, in whole or
   7-34  in part, a rangeland and wildlife management plan;
   7-35              (5)  provide an amount necessary to pay licensing fees
   7-36  and to provide security required by the commission <department>
   7-37  under law and commission <department> rules; and
   7-38              (6)  provide an amount necessary to fund debt service
   7-39  and necessary fees and charges, including insurance premiums and
   7-40  similar costs, associated with the issuance and payment of bonds
   7-41  under Subchapter K.
   7-42        (b)  <If the authority does not issue bonds under Subchapter
   7-43  K, the waste disposal fees must also include an amount sufficient
   7-44  to allow the authority to recover expenses incurred before
   7-45  beginning operation of the disposal site amortized over a period of
   7-46  not more than 20 years beginning on the first day of operation of
   7-47  the disposal site.>
   7-48        <(c)>  The amount required by Subsection (a)(3) <and
   7-49  designated by the board as available for impact assistance
   7-50  allocation under this chapter> may not be less than 10 percent of
   7-51  the annual gross receipts from waste received at the disposal site
   7-52  <and may not exceed $300,000 a year for each generator of low-level
   7-53  waste.  However, during periods of unusual volume generation caused
   7-54  by unscheduled refueling, unplanned outages, special maintenance,
   7-55  or system decontamination and decommissioning, the amount payable
   7-56  by the affected generator may not exceed $500,000 a year for two
   7-57  consecutive years>.
   7-58        SECTION 20.  Sections 402.275(c), (d), (e), (f), (g), and
   7-59  (h), Health and Safety Code, are amended to read as follows:
   7-60        (c)  Money received by the authority, including waste
   7-61  disposal fees, planning and implementation fees, surcharges on
   7-62  planning and implementation fees, processing and packaging fees,
   7-63  civil penalties, payments to the State of Texas under Public Law
   7-64  99-240, and other receipts collected by the authority under this
   7-65  chapter shall be deposited to the credit of the low-level waste
   7-66  fund.
   7-67        (d)  Except as provided by Subsection (f) <(g)>, money in the
   7-68  low-level waste fund may be used to pay:
   7-69              (1)  operating and maintenance costs of the authority;
   7-70              (2)  future costs of decommissioning, closing, and
    8-1  postclosure maintenance and surveillance of the disposal site;
    8-2              (3)  licensing fees and to provide security required by
    8-3  the commission <department>;
    8-4              (4)  money judgments rendered against the authority
    8-5  that are directed by a court of this state to be paid from this
    8-6  fund;
    8-7              (5)  expenses associated with implementation of the
    8-8  rangeland and wildlife management plan;
    8-9              (6)  funds for local public projects under Subchapter I
   8-10  <impact assistance funds for affected political subdivisions>;
   8-11              (7)  debt service and necessary fees and charges,
   8-12  including insurance premiums and similar costs, associated with the
   8-13  issuance and payment of bonds under Subchapter K; and
   8-14              (8)  expenses for any other purpose under this chapter.
   8-15        (e)  <If the authority does not issue bonds under Subchapter
   8-16  K, money in the low-level waste fund may be used to reimburse the
   8-17  general revenue fund for expenses incurred by the state before the
   8-18  first day of operation of the disposal site and for any other
   8-19  maintenance and operating expenses paid by appropriation from the
   8-20  general revenue fund.>
   8-21        <(f)>  A payment for debt service and related costs under
   8-22  Subsection (d)(7) has priority for payment from the low-level waste
   8-23  fund over a payment for another expense authorized by Subsection
   8-24  (d).
   8-25        (f) <(g)>  Payments to this state under Public Law 99-240 may
   8-26  be used only for the purposes stated in the federal law.
   8-27        (g) <(h)>  The authority may transfer money from the
   8-28  low-level waste fund to the radiation and perpetual care fund to
   8-29  make payments required by the commission <department> under Section
   8-30  401.303.
   8-31        SECTION 21.  Section 402.056, Health and Safety Code, is
   8-32  repealed.
   8-33        SECTION 22.  (a)  The surcharge imposed by Section
   8-34  402.2721(f), Health and Safety Code, as added by this Act, shall be
   8-35  assessed not later than November 30, 1993.
   8-36        (b)  The money received by the Hudspeth County Commissioners
   8-37  Court under Section 402.252, Health and Safety Code, as amended by
   8-38  this Act, in the 1994-1995 biennium may be spent only on local
   8-39  public projects that are located within 10 miles of the disposal
   8-40  site.
   8-41        SECTION 23.  The importance of this legislation and the
   8-42  crowded condition of the calendars in both houses create an
   8-43  emergency and an imperative public necessity that the
   8-44  constitutional rule requiring bills to be read on three several
   8-45  days in each house be suspended, and this rule is hereby suspended,
   8-46  and that this Act take effect and be in force from and after its
   8-47  passage, and it is so enacted.
   8-48                               * * * * *
   8-49                                                         Austin,
   8-50  Texas
   8-51                                                         May 17, 1993
   8-52  Hon. Bob Bullock
   8-53  President of the Senate
   8-54  Sir:
   8-55  We, your Committee on Natural Resources to which was referred H.B.
   8-56  No. 2318, have had the same under consideration, and I am
   8-57  instructed to report it back to the Senate with the recommendation
   8-58  that it do not pass, but that the Committee Substitute adopted in
   8-59  lieu thereof do pass and be printed.
   8-60                                                         Sims,
   8-61  Chairman
   8-62                               * * * * *
   8-63                               WITNESSES
   8-64  No witnesses appeared on H.B. No. 2318.