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.