By Chisum                                       H.B. No. 1311

      75R5673 SMH-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of radioactive materials and other

 1-3     sources of radiation and to the disposal of radioactive waste.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter A, Chapter 401, Health and Safety

 1-6     Code, is amended by amending Section 401.003 and adding Sections

 1-7     401.004 and 401.005 to read as follows:

 1-8           Sec. 401.003.  DEFINITIONS.  In this chapter, unless

 1-9     otherwise specifically provided:

1-10                 (1)  "Accelerator-produced radioactive material" means

1-11     material that is made radioactive by a particle accelerator.

1-12                 (2)  "Advisory board" means the radiation advisory

1-13     board.

1-14                 (3) [(2)]  "Board" means the Texas Board of Health.

1-15                 (4) [(3)]  "By-product material" means:

1-16                       (A)  a radioactive material, other than special

1-17     nuclear material, that is produced in or made radioactive by

1-18     exposure to radiation incident to the process of producing or using

1-19     special nuclear material; and

1-20                       (B)  tailings or wastes produced by or resulting

1-21     from the extraction or concentration of uranium or thorium from ore

1-22     processed primarily for its source material content, including

1-23     discrete surface wastes resulting from uranium solution extraction

1-24     processes[, and other tailings having similar radiological

 2-1     characteristics].

 2-2                 (5) [(4)]  "Commission" means the Texas Natural

 2-3     Resource Conservation Commission.

 2-4                 (6) [(5)]  "Commissioner" means the commissioner of

 2-5     public health.

 2-6                 (7) [(6)]  "Department" means the Texas Department of

 2-7     Health.

 2-8                 (8) [(7)]  "Director" means the director of the

 2-9     radiation control program under the department's jurisdiction.

2-10                 (9) [(8)]  "Disposal of low-level radioactive waste"

2-11     means isolation [or removal] of low-level radioactive waste [from

2-12     mankind and mankind's environment] without intent to retrieve that

2-13     [radioactive] waste later.  The term does not include emissions and

2-14     discharges under department or commission rules or the

2-15     immobilization of an irretrievable source of radiation.

2-16                 (10) [(9)]  "Electronic product" means a manufactured

2-17     product or device or component part of a manufactured product or

2-18     device that has an electronic circuit that during operation can

2-19     generate or emit a physical field of radiation.

2-20                 (11) [(10)]  "Federal commission" means the United

2-21     States Nuclear Regulatory Commission.

2-22                 (12) [(11)]  "Fund" means the radiation and perpetual

2-23     care fund.

2-24                 (13) [(12)]  "General license" means a license issued

2-25     under department rules for which an application is not required to

2-26     be filed to  transfer, acquire, own, possess, or use quantities of

2-27     or devices or equipment that make use of by-product, source,

 3-1     special nuclear, or other radioactive material.

 3-2                 (14) [(13)]  "Local government" means a municipality,

 3-3     county, special district, or other political subdivision of the

 3-4     state.

 3-5                 (15)  "Mixed waste" means a mixture of hazardous waste

 3-6     as defined by Chapter 361 and low-level radioactive waste.

 3-7                 (16)  "Naturally occurring radioactive material waste"

 3-8     or "NORM waste" means solid, liquid, or gaseous material or a

 3-9     combination of materials, excluding source material, special

3-10     nuclear material, and by-product material, that:

3-11                       (A)  in its natural physical state spontaneously

3-12     emits radiation;

3-13                       (B)  is discarded or unwanted; and

3-14                       (C)  is not exempt by a rule adopted under

3-15     Section 401.106.

3-16                 (17)  "Oil and gas NORM waste" means naturally

3-17     occurring radioactive material waste that constitutes, is contained

3-18     in, or has contaminated oil and gas waste as that term is defined

3-19     by Section 91.1011, Natural Resources Code.

3-20                 (18) [(14)]  "Person" includes a legal successor to or

3-21     representative, agent, or agency of any person but does not include

3-22     the federal commission and federal agencies the federal commission

3-23     licenses or exempts.

3-24                 (19) [(15)]  "Person affected" means a person who

3-25     demonstrates that the person has suffered or will suffer actual

3-26     injury or economic  damage and, if the person is not a local

3-27     government:

 4-1                       (A)  is a resident of a county, or a county

 4-2     adjacent to that county, in which nuclear or radioactive material

 4-3     is or will be located;  or

 4-4                       (B)  is doing business or has a legal interest in

 4-5     land in the county or adjacent county.

 4-6                 (20) [(16)]  "Processing of low-level radioactive

 4-7     waste" means the storage, extraction of material, transfer, volume

 4-8     reduction, compaction, or other separation and preparation of

 4-9     low-level radioactive waste for reuse or disposal, including a

4-10     treatment or  activity that renders the waste less hazardous, safer

4-11     for transport, or amenable to recovery, storage, or disposal.

4-12                 (21) [(17)]  "Radiation" means one or more of the

4-13     following:

4-14                       (A)  gamma-rays and X-rays, alpha and beta

4-15     particles, and other atomic or nuclear particles or rays;

4-16                       (B)  stimulated emission of radiation from an

4-17     electronic device to energy density levels that could reasonably

4-18     cause bodily harm; or

4-19                       (C)  sonic, ultrasonic, or infrasonic waves

4-20     emitted from an electronic device or resulting from the operation

4-21     of an electronic circuit in an electronic device in the energy

4-22     range to reasonably cause detectable bodily harm.

4-23                 (22) [(18)]  "Radioactive material" means a naturally

4-24     occurring or artificially produced solid, liquid, or gas that emits

4-25     radiation spontaneously.

4-26                 [(19)  "Radioactive substance" includes:]

4-27                       [(A)  by-product material;]

 5-1                       [(B)  naturally occurring radioactive material

 5-2     waste, excluding oil and gas NORM waste;]

 5-3                       [(C)  radioactive material;]

 5-4                       [(D)  radioactive waste;]

 5-5                       [(E)  source material;]

 5-6                       [(F)  source of radiation; and]

 5-7                       [(G)  special nuclear material.]

 5-8                 [(20)  "Radioactive waste" means radioactive material,

 5-9     other than by-product material defined by Subdivision (3)(B),

5-10     uranium ore, naturally occurring radioactive material waste, or oil

5-11     and gas NORM waste, that:]

5-12                       [(A)  is discarded or unwanted and is not exempt

5-13     by department rule adopted under Section 401.106; or]

5-14                       [(B)  would require processing before it could

5-15     have a beneficial reuse.]

5-16                 (23) [(21)]  "Registration" includes:

5-17                       (A)  notice to the department of the service or

5-18     use of an electronic product;  and

5-19                       (B)  registration under Section 401.105.

5-20                 (24) [(22)]  "Source material" means:

5-21                       (A)  uranium, thorium, or other material that the

5-22     governor by order declares to be source material after the federal

5-23     commission has determined the material to be source material;  or

5-24                       (B)  ore that contains one or more of the

5-25     materials listed in Paragraph [Subdivision] (A) to the degree of

5-26     concentration that the governor by order declares to be source

5-27     material after the federal commission has determined the material

 6-1     to be of a degree of concentration to be source material.

 6-2                 (25) [(23)]  "Source of radiation" means radioactive

 6-3     material or a device or equipment that emits or is capable of

 6-4     producing radiation intentionally or incidentally.

 6-5                 (26) [(24)]  "Special nuclear material" means:

 6-6                       (A)  plutonium, uranium 233, uranium enriched in

 6-7     the isotope 233 or the isotope 235, and any other material other

 6-8     than source material that the governor by order declares to be

 6-9     special nuclear material after the federal commission determines

6-10     the material to be special nuclear material;  or

6-11                       (B)  material other than source material that is

6-12     artificially enriched by any of the materials listed in Paragraph

6-13     [Subdivision] (A).

6-14                 (27) [(25)]  "Specific license" means a license, issued

6-15     pursuant to an application, to use, manufacture, produce, transfer,

6-16     receive, acquire, own, possess, process, or dispose of quantities

6-17     of or devices or equipment using by-product, source, special

6-18     nuclear, or other radioactive material.

6-19                 [(26)  "Naturally occurring radioactive material waste"

6-20     or "NORM waste" means solid, liquid, or gaseous material or

6-21     combination of materials, excluding source material, special

6-22     nuclear material, and by-product material, that:]

6-23                       [(A)  in its natural physical state spontaneously

6-24     emits radiation;]

6-25                       [(B)  is discarded or unwanted; and]

6-26                       [(C)  is not exempt by department rule adopted

6-27     under Section 401.106.]

 7-1                 [(27)  "Oil and gas NORM waste" means solid, liquid, or

 7-2     gaseous material or combination of materials, excluding source

 7-3     material, special nuclear material, and by-product material, that:]

 7-4                       [(A)  in its natural physical state spontaneously

 7-5     emits radiation;]

 7-6                       [(B)  is discarded or unwanted;]

 7-7                       [(C)  is not exempt by department rule adopted

 7-8     under Section 401.106; and]

 7-9                       [(D)  constitutes, is contained in, or has

7-10     contaminated oil and gas waste as that term is defined in Section

7-11     91.1011 of the Natural Resources Code.]

7-12           Sec. 401.004.  LOW-LEVEL RADIOACTIVE WASTE DEFINED.  (a)

7-13     Except as provided by Subsection (b), in this chapter, "low-level

7-14     radioactive waste" means radioactive material that is discarded or

7-15     unwanted and:

7-16                 (1)  is accelerator-produced radioactive material; or

7-17                 (2)  is waste, as that term is defined by 10 C.F.R.

7-18     Section 61.2, and is subject to:

7-19                       (A)  concentration limits established under Title

7-20     10, Code of Federal Regulations, or established by the department

7-21     or commission, as applicable; and

7-22                       (B)  disposal criteria established under Title

7-23     10, Code of Federal Regulations, or established by the department

7-24     or commission.

7-25           (b)  "Low-level radioactive waste" does not include:

7-26                 (1)  radioactive material that is exempt by a  rule

7-27     adopted under Section 401.106;

 8-1                 (2)  high-level radioactive waste as defined by 10

 8-2     C.F.R.  Section 60.2;

 8-3                 (3)  spent nuclear fuel as defined by 10 C.F.R. Section

 8-4     72.3;

 8-5                 (4)  by-product material described by Section

 8-6     401.003(4)(B); or

 8-7                 (5)  naturally occurring radioactive material waste.

 8-8           Sec. 401.005.  CODE OF FEDERAL REGULATIONS REFERENCES.  A

 8-9     reference in this chapter to the "C.F.R." or the "Code of Federal

8-10     Regulations" means the Code of Federal Regulations as it existed on

8-11     September 1, 1997.

8-12           SECTION 2.  Section 401.011, Health and Safety Code, is

8-13     amended to read as follows:

8-14           Sec. 401.011.  RADIATION CONTROL AGENCY.  (a)  The department

8-15     is the Texas Radiation Control Agency.  The department has

8-16     jurisdiction over activities [and substances] regulated under this

8-17     chapter except as provided by Subsections [Subsection] (b) and (c)

8-18     and Subchapters F, G, and K.

8-19           (b)  The commission has jurisdiction to regulate and license:

8-20                 (1)  the disposal of radioactive material other than

8-21     oil and gas NORM waste [substances]; and

8-22                 (2)  the recovery and processing of source material.

8-23           (c)  The Railroad Commission of Texas has sole jurisdiction

8-24     over the disposal of oil and gas NORM waste.

8-25           (d)  The department and commission each shall exercise its

8-26     respective powers and duties under this chapter for the protection

8-27     of the occupational health and safety and the environment.

 9-1           SECTION 3.  Sections 401.052(b), (d), and (e), Health and

 9-2     Safety Code, are amended to read as follows:

 9-3           (b)  Rules adopted under this section for low-level

 9-4     radioactive waste shall:

 9-5                 (1)  to the extent practicable, be compatible with

 9-6     United States Department of Transportation and United States

 9-7     Nuclear Regulatory Commission regulations relating to the

 9-8     transportation of low-level radioactive waste;

 9-9                 (2)  require each shipper and transporter of low-level

9-10     radioactive waste to adopt an emergency plan approved by the

9-11     department for responding to transportation accidents;

9-12                 (3)  require the notification and reporting of

9-13     accidents to the department and to local emergency planning

9-14     committees in the county where the accident occurs;

9-15                 (4)  require each shipper to adopt a quality control

9-16     program approved by the department to verify that shipping

9-17     containers are suitable for shipment to a licensed disposal

9-18     facility; and

9-19                 (5)  assess a fee on shippers for shipments to a Texas

9-20     low-level radioactive waste disposal facility of low-level

9-21     radioactive waste originating in Texas or out-of-state.

9-22           (d)(1)  Fees assessed under this section shall:

9-23                       (A)  not exceed $10 per cubic foot of shipped

9-24     low-level radioactive waste;

9-25                       (B)  be collected by the authority and deposited

9-26     to the credit of the radiation and perpetual care fund;  and

9-27                       (C)  be used exclusively by the department for

 10-1    emergency planning for and response to transportation accidents

 10-2    involving low-level radioactive waste.

 10-3                (2)  Fee assessments under this section shall be

 10-4    suspended when the amount of fees collected reaches $500,000,

 10-5    except that if the balance of fees collected is reduced to $350,000

 10-6    or less, the assessments shall be reinstituted to bring the balance

 10-7    of fees collected to $500,000.

 10-8          (e)  Money expended from the radiation and perpetual care

 10-9    fund to respond to accidents involving low-level radioactive waste

10-10    must be reimbursed to the radiation and perpetual care fund by the

10-11    responsible shipper or transporter according to rules adopted by

10-12    the board.

10-13          SECTION 4.  Sections 401.053 and 401.061, Health and Safety

10-14    Code, are amended to read as follows:

10-15          Sec. 401.053.  CLASSIFICATION SYSTEM FOR LOW-LEVEL

10-16    RADIOACTIVE WASTE.  The department may establish a classification

10-17    system for low-level radioactive waste that is based on

10-18    radiological, chemical, and biological characteristics and on

10-19    physical state so that low-level radioactive waste can be managed

10-20    safely and compatibly.

10-21          Sec. 401.061.  LOW-LEVEL RADIOACTIVE WASTE STUDIES.  The

10-22    department and commission each within its jurisdiction shall

10-23    conduct studies of the need for facilities and technologies for the

10-24    processing and disposal of low-level radioactive waste [processing

10-25    and disposal facilities and technologies] as the agency considers

10-26    necessary for minimizing the risks to the public and the

10-27    environment from low-level radioactive waste management.

 11-1          SECTION 5.  Section 401.111(a), Health and Safety Code, is

 11-2    amended to read as follows:

 11-3          (a)  The board and commission each, in adopting rules for the

 11-4    issuance of licenses under their respective jurisdictions for new

 11-5    sites for processing or disposal of low-level radioactive  waste

 11-6    from other persons, shall adopt criteria for the designation of

 11-7    unsuitable sites, including:

 11-8                (1)  flood hazard areas;

 11-9                (2)  areas with characteristics of discharge from or

11-10    recharge of a groundwater aquifer system;  or

11-11                (3)  areas in which soil conditions make spill cleanup

11-12    impracticable.

11-13          SECTION 6.  Section 401.112, Health and Safety Code, is

11-14    amended to read as follows:

11-15          Sec. 401.112.  LOW-LEVEL RADIOACTIVE WASTE PROCESSING OR

11-16    DISPOSAL LICENSE APPLICATION AND CONSIDERATIONS.  (a)  The

11-17    department or commission, within its jurisdiction, in making a

11-18    licensing decision on a specific license application to process or

11-19    dispose of low-level radioactive waste from other persons, shall

11-20    consider:

11-21                (1)  site suitability, geological, hydrological, and

11-22    meteorological factors, and natural hazards;

11-23                (2)  compatibility with present uses of land near the

11-24    site;

11-25                (3)  socioeconomic effects on surrounding communities

11-26    of operation of the licensed activity and of associated

11-27    transportation of radioactive material;

 12-1                (4)  the need for and alternatives to the proposed

 12-2    activity, including an alternative siting analysis prepared by the

 12-3    applicant;

 12-4                (5)  the applicant's qualifications, including

 12-5    financial, technical, and past operating practices;

 12-6                (6)  background monitoring plans for the proposed site;

 12-7                (7)  suitability of facilities associated with the

 12-8    proposed activities;

 12-9                (8)  chemical, radiological, and biological

12-10    characteristics of the low-level radioactive waste and waste

12-11    classification under Section 401.053;

12-12                (9)  adequate insurance of the applicant to cover

12-13    potential injury to any property or person, including potential

12-14    injury from risks relating to transportation;

12-15                (10)  training programs for the applicant's employees;

12-16                (11)  a monitoring, record-keeping, and reporting

12-17    program;

12-18                (12)  spill detection and cleanup plans for the

12-19    licensed site and related to associated transportation of

12-20    radioactive material;

12-21                (13)  decommissioning and postclosure care plans;

12-22                (14)  security plans;

12-23                (15)  worker monitoring and protection plans;

12-24                (16)  emergency plans;  and

12-25                (17)  a monitoring program for applicants that includes

12-26    prelicense and postlicense monitoring of background radioactive and

12-27    chemical characteristics of the soils, groundwater, and vegetation.

 13-1          (b)  An applicant for the specific license must submit with

 13-2    the application information necessary for the issuing agency to

 13-3    consider the factors under Subsection (a).

 13-4          (c)  The board and commission each within its jurisdiction by

 13-5    rule shall provide specific criteria for the different types of

 13-6    licensed low-level radioactive waste activities for the [listed]

 13-7    factors for consideration provided by Subsection (a) and may

 13-8    include additional factors and criteria that the board or

 13-9    commission, as appropriate, determines necessary for full

13-10    consideration of a license.

13-11          SECTION 7.  Section 401.113(c), Health and Safety Code, is

13-12    amended to read as follows:

13-13          (c)  The analysis must include:

13-14                (1)  an assessment of radiological and nonradiological

13-15    effects of the activity on the public health;

13-16                (2)  an assessment of any effect on a waterway or

13-17    groundwater resulting from the activity;

13-18                (3)  consideration of alternatives to the activities to

13-19    be conducted under the license;  and

13-20                (4)  consideration of the long-term effects associated

13-21    with activities, including decommissioning, decontamination, and

13-22    reclamation impacts, including the management of low-level

13-23    radioactive waste, to be conducted under the license.

13-24          SECTION 8.  Section 401.114(a), Health and Safety Code, is

13-25    amended to read as follows:

13-26          (a)  Before the department or commission, within its

13-27    jurisdiction, grants or renews a license to process or dispose of

 14-1    low-level radioactive waste from other persons, the agency  shall

 14-2    give notice and shall provide an opportunity for a public hearing

 14-3    in the manner provided by the agency's formal hearing procedure and

 14-4    Chapter 2001, Government Code.

 14-5          SECTION 9.  Section 401.115, Health and Safety Code, is

 14-6    amended to read as follows:

 14-7          Sec. 401.115.  LICENSES FROM OTHER AGENCIES.  A holder of a

 14-8    license to operate a facility to process or dispose of low-level

 14-9    radioactive waste may not operate the facility until the holder has

14-10    obtained all other required licenses or permits from other

14-11    agencies.

14-12          SECTION 10.  Section 401.116(a), Health and Safety Code, is

14-13    amended to read as follows:

14-14          (a)  An amendment to a license to process or dispose of

14-15    low-level radioactive waste from other persons may take effect

14-16    immediately.

14-17          SECTION 11.  Section 401.117, Health and Safety Code, is

14-18    amended to read as follows:

14-19          Sec. 401.117.  CONSTRUCTION LIMITATION.  The department or

14-20    commission shall prohibit major construction relating to activities

14-21    to be permitted under a license issued by the agency to process or

14-22    dispose of low-level radioactive waste from other persons until the

14-23    requirements in Sections 401.113 and 401.114 are completed.

14-24          SECTION 12.  The heading to Subchapter E, Chapter 401, Health

14-25    and Safety Code, is amended to read as follows:

14-26         SUBCHAPTER E.  MANAGEMENT OF LOW-LEVEL RADIOACTIVE WASTE

14-27          SECTION 13.  Section 401.151, Health and Safety Code, is

 15-1    amended to read as follows:

 15-2          Sec. 401.151.  COMPATIBILITY WITH FEDERAL STANDARDS.  The

 15-3    department and commission each shall assure that the management of

 15-4    low-level radioactive waste under their respective jurisdictions is

 15-5    compatible with applicable federal commission standards.

 15-6          SECTION 14.  Section 401.152(a), Health and Safety Code, is

 15-7    amended to read as follows:

 15-8          (a)  If the department or commission, under procedures

 15-9    provided by Section 401.056, finds that low-level radioactive waste

15-10    under its jurisdiction threatens the public health and safety and

15-11    the environment and that the license holder managing the low-level

15-12    radioactive waste is unable to remove the threat, the agency by

15-13    order may require any action, including a corrective measure, that

15-14    is necessary to remove the threat.

15-15          SECTION 15.  Section 401.153(a), Health and Safety Code, is

15-16    amended to read as follows:

15-17          (a)  The board by rule may prohibit a licensed low-level

15-18    radioactive waste processor from accepting for processing low-level

15-19    radioactive waste generated outside this state.

15-20          SECTION 16.  The heading to Subchapter F, Chapter 401, Health

15-21    and Safety Code, is amended to read as follows:

15-22          SUBCHAPTER F.  SPECIAL PROVISIONS CONCERNING LOW-LEVEL

15-23                        RADIOACTIVE WASTE DISPOSAL

15-24          SECTION 17.  Sections 401.201-401.205, Health and Safety

15-25    Code, are amended to read as follows:

15-26          Sec. 401.201.  REGULATION OF LOW-LEVEL RADIOACTIVE WASTE

15-27    DISPOSAL.  The commission shall directly regulate the disposal of

 16-1    low-level  radioactive waste.  The person making the disposal shall

 16-2    comply with commission rules.

 16-3          Sec. 401.202.  LICENSING AUTHORITY.  The commission or

 16-4    department, within its respective jurisdiction, shall grant, deny,

 16-5    renew, revoke, suspend, or withdraw licenses for the processing or

 16-6    disposal of low-level radioactive waste from other persons [and for

 16-7    the processing of that waste].

 16-8          Sec. 401.203.  LICENSE RESTRICTED TO PUBLIC ENTITY.  A

 16-9    low-level radioactive waste disposal license may be issued only to

16-10    a public entity  specifically authorized by law for low-level

16-11    radioactive waste disposal.

16-12          Sec. 401.204.  ACQUISITION OF PROPERTY.  An application for a

16-13    license to dispose of low-level radioactive waste from other

16-14    persons may not be considered unless the applicant has acquired the

16-15    title to and any interest in land and buildings as required by

16-16    commission rule.

16-17          Sec. 401.205.  RESPONSIBILITIES OF PERSONS LICENSED TO

16-18    DISPOSE OF LOW-LEVEL RADIOACTIVE WASTE.  A person who is licensed

16-19    to dispose of low-level radioactive waste from other persons shall:

16-20                (1)  arrange for and pay the costs of management,

16-21    control, stabilization, and disposal of low-level radioactive waste

16-22    and the decommissioning of the licensed activity;

16-23                (2)  convey to the state when the license is issued all

16-24    right, title, and interest in land and buildings acquired under

16-25    commission rules, together with requisite rights of access to that

16-26    property;  and

16-27                (3)  formally acknowledge before termination of the

 17-1    license the conveyance to the state of the right, title, and

 17-2    interest in low-level radioactive waste located on the property

 17-3    conveyed.

 17-4          SECTION 18.  Section 401.206(a), Health and Safety Code, is

 17-5    amended to read as follows:

 17-6          (a)  The holder of a license to dispose of low-level

 17-7    radioactive waste from other persons shall reimburse the commission

 17-8    for the salary and other expenses of a resident inspector employed

 17-9    by the commission.

17-10          SECTION 19.  Sections 401.207-401.213, Health and Safety

17-11    Code, are amended to read as follows:

17-12          Sec. 401.207.  OUT-OF-STATE WASTE.  A license holder may not

17-13    accept low-level radioactive waste generated in another state for

17-14    processing or disposal under a license issued by the commission

17-15    unless the waste is:

17-16                (1)  accepted under a compact to which the state is a

17-17    contracting party;

17-18                (2)  from a state having an operating low-level

17-19    radioactive waste disposal site at which that state is willing to

17-20    accept low-level radioactive waste generated in this state;  or

17-21                (3)  generated from manufactured sources or devices

17-22    originating in this state.

17-23          Sec. 401.208.  LIMITATION ON CERTAIN RADIOACTIVE WASTE

17-24    DISPOSAL.  [(a)]  A license holder may [not] accept for disposal

17-25    under a license issued by the commission only low-level radioactive

17-26    waste or NORM waste.[:]

17-27                [(1)  high-level radioactive waste as defined by Title

 18-1    10, Code of Federal Regulations;]

 18-2                [(2)  irradiated reactor fuel; or]

 18-3                [(3)  radioactive waste that contains 10 or more

 18-4    nanocuries per gram of transuranics.]

 18-5          [(b)  The commission by rule shall adopt special criteria for

 18-6    the disposal of radioactive waste with a half-life greater than 35

 18-7    years and radioactive waste that contains less than 10 nanocuries

 18-8    per gram of transuranics.]

 18-9          Sec. 401.209.  ACQUISITION AND OPERATION OF LOW-LEVEL

18-10    RADIOACTIVE WASTE DISPOSAL SITES.  (a)  The commission may acquire

18-11    the fee simple title in land, affected mineral rights, and

18-12    buildings at which low-level radioactive waste can be or is being

18-13    disposed of in a manner consistent with public health and safety

18-14    and the environment.

18-15          (b)  Property acquired under this section may be used only

18-16    for disposing of low-level radioactive waste until the commission

18-17    determines that another use would not endanger the health, safety,

18-18    or general welfare of the public or the environment.

18-19          (c)  The commission may lease property acquired under this

18-20    section for operating disposal sites for low-level radioactive

18-21    waste.

18-22          (d)  The right, title, and interest in low-level radioactive

18-23    waste accepted for disposal at property and facilities acquired

18-24    under this section and any other interest acquired under this

18-25    chapter are the property of the commission, acting on behalf of the

18-26    state, and shall be administered and controlled by the commission

18-27    in the name of the state.

 19-1          (e)  A right, title, or interest acquired under this chapter

 19-2    does not vest in any fund created by the Texas Constitution.

 19-3          Sec. 401.210.  TRANSFER COSTS OF PROPERTY.  Any land,

 19-4    building, or low-level radioactive [Radioactive] waste [and land

 19-5    and buildings] transferred to the state under  this chapter shall

 19-6    be transferred to the state without cost, other than administrative

 19-7    and legal costs incurred in making the transfer.

 19-8          Sec. 401.211.  LIABILITY.  The transfer to the state of the

 19-9    title to land, a building, or low-level radioactive waste [and land

19-10    and buildings] does not relieve a license holder of liability for

19-11    any fraudulent or negligent acts performed before the transfer or

19-12    while the land, building, or low-level radioactive waste is [or

19-13    land and buildings are] in the possession and control of the

19-14    license holder.

19-15          Sec. 401.212.  MONITORING, MAINTENANCE, AND EMERGENCY

19-16    MEASURES.  The commission may undertake monitoring, maintenance,

19-17    and emergency measures that are necessary to protect the public

19-18    health and safety and the environment in connection with low-level

19-19    radioactive waste and property for which it has assumed custody.

19-20          Sec. 401.213.  INTERSTATE COMPACTS.  The commission shall

19-21    cooperate with and encourage the use of interstate compacts,

19-22    including the Southern States Energy Board, to develop regional

19-23    sites that divide among the states the disposal burden of low-level

19-24    radioactive waste generated in the region.

19-25          SECTION 20.  Section 401.261(1), Health and Safety Code, is

19-26    amended to read as follows:

19-27                (1)  "By-product material" does not include that

 20-1    by-product material defined by Section 401.003(4)(A)

 20-2    [401.003(3)(A)].

 20-3          SECTION 21.  Section 401.301(b), Health and Safety Code, is

 20-4    amended to read as follows:

 20-5          (b)  The board by rule shall set the fee in an amount that

 20-6    may not exceed the actual expenses annually incurred to:

 20-7                (1)  process applications for licenses or

 20-8    registrations;

 20-9                (2)  amend or renew licenses or registrations;

20-10                (3)  make inspections of license holders and

20-11    registrants;

20-12                (4)  enforce this chapter and rules, orders, licenses,

20-13    and registrations under this chapter;  and

20-14                (5)  collect payments to the low-level radioactive

20-15    waste fund [and general revenue] as provided by Section 402.2721.

20-16          SECTION 22.  Sections 401.306 and 401.383, Health and Safety

20-17    Code, are amended to read as follows:

20-18          Sec. 401.306.  LOW-LEVEL RADIOACTIVE WASTE FUND.  (a)  The

20-19    department shall collect a planning and implementation fee in an

20-20    amount as determined by Section 402.2721.

20-21          (b)  Fees collected under this section shall be deposited in

20-22    the state treasury to the credit of the low-level radioactive waste

20-23    fund[, except that at least $5 million for operating, planning, and

20-24    implementation and $10 million assessed and collected to reimburse

20-25    the general revenue fund for expenses incurred prior to September

20-26    1, 1991, shall be deposited in the state treasury to the credit of

20-27    the general revenue fund].

 21-1          Sec. 401.383.  CRIMINAL PENALTY FOR CERTAIN ACTS RELATED TO

 21-2    LOW-LEVEL RADIOACTIVE WASTE.  (a)  A person commits an offense if

 21-3    the person intentionally or knowingly receives, processes,

 21-4    concentrates, stores, transports, or disposes of low-level

 21-5    radioactive waste without a license issued under this chapter.

 21-6          (b)  An offense under this section is a Class A misdemeanor,

 21-7    unless it is shown at the trial of the person that the person has

 21-8    been previously convicted of an offense under this section, in

 21-9    which event the offense is punishable by a fine of not less than

21-10    $2,000 or more than $100,000, confinement in the county jail for

21-11    not more than one year, or both.

21-12          SECTION 23.  Section 401.392(a), Health and Safety Code, is

21-13    amended to read as follows:

21-14          (a)  A local government or person affected may file with the

21-15    commission a written complaint and may request an investigation of

21-16    an alleged violation by a person who holds:

21-17                (1)  a radioactive materials license for an activity

21-18    that results in the production of by-product material as defined by

21-19    Section 401.003(4)(B); [401.003(3)(B)] or

21-20                (2)  a license to dispose of low-level radioactive

21-21    waste from  other persons.

21-22          SECTION 24.  Sections 401.412(a) and (f), Health and Safety

21-23    Code, are amended to read as follows:

21-24          (a)  Notwithstanding any other provision of this chapter and

21-25    subject to Sections [Section] 401.102 and 401.415, the commission

21-26    has sole and exclusive authority to [directly] regulate and to

21-27    grant, deny, renew, revoke, suspend, amend, or withdraw licenses

 22-1    for the disposal of radioactive material [substances].

 22-2          (f)  The commission shall establish by rule the amounts

 22-3    appropriate for the fees collected under this section.  The fees

 22-4    collected under this section shall be deposited in the radioactive

 22-5    material [substance] fee fund and reappropriated for use by the

 22-6    commission  for expenses incurred by the commission in

 22-7    administering the provisions of this chapter.

 22-8          SECTION 25.  Sections 401.413 and 401.414, Health and Safety

 22-9    Code, are amended to read as follows:

22-10          Sec. 401.413. COMMISSION DISPOSAL LICENSE REQUIRED.  A person

22-11    required by another section of this chapter to obtain a license for

22-12    the disposal of [a] radioactive material other than oil and gas

22-13    NORM waste [substance] is required to obtain the license from the

22-14    commission  and not from the department.

22-15          Sec. 401.414. MEMORANDUM OF UNDERSTANDING.  The commission

22-16    [Texas Natural Resource Conservation Commission] and the board [of

22-17    health] by rule shall adopt a memorandum of understanding defining

22-18    their respective duties under this chapter.

22-19          SECTION 26.  Section 401.415(d), Health and Safety Code, is

22-20    amended to read as follows:

22-21          (d)  To ensure that the State of Texas retains its Agreement

22-22    Status with the U.S. Nuclear Regulatory Commission, and to ensure

22-23    that radioactive materials are managed consistently to protect the

22-24    public health and safety and the environment, the Railroad

22-25    Commission of Texas shall issue rules on the management of oil and

22-26    gas NORM waste [by January 1, 1995,] and in so doing shall consult

22-27    with the Texas Natural Resource Conservation Commission and the

 23-1    department [Department of Health] regarding protection of the

 23-2    public health and the environment.  The rules of the railroad

 23-3    commission shall provide protection for public health, safety, and

 23-4    the environment equivalent to the protection provided by rules

 23-5    applicable to disposal of other NORM wastes having similar

 23-6    properties, quantities, and distribution, although the approved

 23-7    methods and sites for disposing of oil and gas NORM wastes may be

 23-8    different from those approved for other NORM wastes.

 23-9          SECTION 27.  Sections 402.003, 402.014, 402.052, 402.053,

23-10    402.058, 402.081, 402.082, 402.127, and 402.154, Health and Safety

23-11    Code, are amended to read as follows:

23-12          Sec. 402.003.  DEFINITIONS.  In this chapter:

23-13                (1)  "Authority" means the Texas Low-Level Radioactive

23-14    Waste Disposal Authority.

23-15                (2)  "Board" means the board of directors of the

23-16    authority.

23-17                (3)  "Bond" means any type of obligation issued by the

23-18    authority under this chapter, including a certificate of

23-19    obligation, bond, note, draft, bill, warrant, debenture, interim

23-20    certificate, revenue or bond anticipation note, or other evidence

23-21    of indebtedness.

23-22                (4)  "Commission" means the Texas Natural Resource

23-23    Conservation Commission.

23-24                (5) [(3)]  "Contract operator" means a political

23-25    subdivision or agency of the state or a private entity with which

23-26    the authority has entered into a contract under Section 402.212.

23-27                (6) [(4)]  "Department" means the Texas Department of

 24-1    Health.

 24-2                (7) [(5)]  "Disposal site" means the property and

 24-3    facilities acquired, constructed, and owned by the authority at

 24-4    which low-level radioactive waste can be processed and disposed of

 24-5    permanently.

 24-6                (8)  "Host county" means the county in which the

 24-7    disposal site is or will be located.

 24-8                (9)  "Low-level radioactive waste" has the meaning

 24-9    assigned by Section 401.004.

24-10                [(6)  "Low-level waste" means radioactive material that

24-11    has a half-life of 35 years or less or fewer than 10 nanocuries per

24-12    gram of transuranics, and may include radioactive material not

24-13    excluded by this subdivision with a half-life of more than 35 years

24-14    if special criteria for disposal of that waste are established by

24-15    the commission.  The term does not include irradiated reactor fuel

24-16    and high-level radioactive waste as defined by Title 10, Code of

24-17    Federal Regulations.]

24-18                (10) [(7)]  "Management" means establishing, adopting,

24-19    and entering into and assuring compliance with the general

24-20    policies, rules, and contracts that govern the operation of a

24-21    disposal site.

24-22                (11)  "Mixed waste" has the meaning assigned by Section

24-23    401.003.

24-24                (12)  "Naturally occurring radioactive material waste"

24-25    or "NORM waste" has the meaning assigned by Section 401.003.

24-26                (13)  "Oil and gas NORM waste" has the meaning assigned

24-27    by Section 401.003.

 25-1                (14) [(8)]  "Operation" means the control, supervision,

 25-2    and implementation of the actual physical activities involved in

 25-3    the receipt, processing, packaging, storage, disposal, and

 25-4    monitoring of low-level radioactive waste at a disposal site, the

 25-5    maintenance of a disposal site, and any other responsibilities

 25-6    designated by the board as part of the operation.

 25-7                (15) [(9)]  "Person" has the meaning assigned by

 25-8    Section 401.003 [includes a legal successor to or representative,

 25-9    agent, or agency of any person].

25-10                (16) [(10)]  "Radioactive material" has the meaning

25-11    assigned by Section 401.003 [means solid, liquid, or gaseous

25-12    material, whether  occurring naturally or produced artificially,

25-13    that emits radiation spontaneously].

25-14                (17) [(11)]  "Rangeland and wildlife management plan"

25-15    means a plan that applies rangeland and wildlife habitat management

25-16    techniques to land located in the vicinity of a disposal site so

25-17    that the natural productivity and economic value of the land are

25-18    enhanced.

25-19                [(12)  "Bond" means any type of obligation issued by

25-20    the authority under this chapter, including a certificate of

25-21    obligation, bond, note, draft, bill, warrant, debenture, interim

25-22    certificate, revenue or bond anticipation note, or other evidence

25-23    of indebtedness.]

25-24                [(13)  "Host county" means the county in which the

25-25    disposal site is or will be located.]

25-26                [(14)  "Commission" means the Texas Natural Resource

25-27    Conservation Commission.]

 26-1          Sec. 402.014. SPECIAL LIMITATIONS ON PUBLIC MEMBERS.  A

 26-2    member of the board who represents the public or a person related

 26-3    within the second degree by affinity or within the third degree by

 26-4    consanguinity, as determined under Chapter 573, Government Code, to

 26-5    that member may not be an employee of or otherwise have a financial

 26-6    interest in any person who has a contract with or who uses the

 26-7    services of a site in the United States for storing, processing, or

 26-8    disposing of low-level radioactive waste.

 26-9          Sec. 402.052.  DEVELOPMENT AND OPERATION OF DISPOSAL SITE.

26-10    The authority shall develop and operate one disposal site for the

26-11    disposal of low-level radioactive waste in this state.

26-12          Sec. 402.053.  GENERAL POWERS.  To carry out this chapter,

26-13    the authority may:

26-14                (1)  apply for, receive, accept, and administer gifts,

26-15    grants, and other funds available from any source;

26-16                (2)  contract with the federal government, the state,

26-17    interstate agencies, local governmental entities, and private

26-18    entities to carry out this chapter and rules, standards, and orders

26-19    adopted under this chapter;

26-20                (3)  conduct, request, and participate in studies,

26-21    investigations, and research relating to selection, preparation,

26-22    construction, operation, maintenance, decommissioning, closing, and

26-23    financing of disposal sites and disposal of low-level radioactive

26-24    waste; and

26-25                (4)  advise, consult, and cooperate with the federal

26-26    government, the state, interstate agencies, local governmental

26-27    entities in this state, and private entities.

 27-1          Sec. 402.058.  HEALTH SURVEILLANCE SURVEY.  The board, in

 27-2    cooperation with the commission, the department [Texas Department

 27-3    of Health], and local public health officials, shall develop a

 27-4    health surveillance survey for the population located in the

 27-5    vicinity of a disposal site.

 27-6          Sec. 402.081.  DISPOSAL SITE SELECTION STUDIES.  The

 27-7    authority shall make studies or contract for studies to be made of

 27-8    the future requirements for disposal of low-level radioactive waste

 27-9    in this state and to determine the areas of the state that are

27-10    relatively more suitable than others for low-level radioactive

27-11    waste disposal activities.

27-12          Sec. 402.082.  STUDY CRITERIA.  Studies required under

27-13    Section 402.081 must consider:

27-14                (1)  the volume of low-level radioactive waste

27-15    generated by type and source categories for the expected life of

27-16    the disposal site, including waste that may be generated from the

27-17    decommissioning of nuclear power plants located in this state;

27-18                (2)  geology;

27-19                (3)  topography;

27-20                (4)  transportation and access;

27-21                (5)  meteorology;

27-22                (6)  population density;

27-23                (7)  surface and subsurface hydrology;

27-24                (8)  flora and fauna;

27-25                (9)  current land use;

27-26                (10)  criteria established by the commission for

27-27    disposal site selection;

 28-1                (11)  the proximity of the disposal site to sources of

 28-2    low-level radioactive waste, including related transportation

 28-3    costs, to the extent that the proximity and transportation costs do

 28-4    not interfere with selection of a suitable disposal site for

 28-5    protecting public health and the environment;

 28-6                (12)  other disposal site characteristics that may need

 28-7    study on a preliminary basis and for which detailed study would be

 28-8    required to prepare an application or license required for disposal

 28-9    site operation; and

28-10                (13)  alternative management techniques, including

28-11    aboveground isolation facilities, waste processing and reduction at

28-12    the site of waste generation and at an authority management site,

28-13    and waste recycling.

28-14          Sec. 402.127.  FINDING BY BOARD OF REGENTS BEFORE SALE OR

28-15    LEASE.  Before the board of regents of The University of Texas

28-16    System enters into an agreement with the authority to sell or lease

28-17    permanent university fund land to the authority, the board of

28-18    regents must enter in its records a finding that the site to be

28-19    sold or leased for low-level radioactive waste disposal will not

28-20    interfere with the potential siting of the Super-conducting Super

28-21    Colliding Particle Accelerator Project.

28-22          Sec. 402.154.  TECHNIQUES FOR MANAGING LOW-LEVEL RADIOACTIVE

28-23    WASTE.  (a)  As a condition for obtaining a license, the authority

28-24    must submit to the commission or its designee evidence relating to

28-25    the reasonableness of any technique to be practiced at the proposed

28-26    disposal site for managing low-level radioactive waste.

28-27          (b)  Before determining the techniques to be used for

 29-1    managing low-level radioactive waste, the authority shall study

 29-2    alternative techniques, including:

 29-3                (1)  waste processing and reduction at the site of

 29-4    waste generation and at the disposal site; and

 29-5                (2)  the use of aboveground isolation facilities.

 29-6          SECTION 28.  Section 402.181(a), Health and Safety Code, is

 29-7    amended to read as follows:

 29-8          (a)  The authority shall construct all works and facilities

 29-9    on the disposal site and shall make improvements necessary to

29-10    prepare for disposal and to permanently dispose of low-level

29-11    radioactive waste.

29-12          SECTION 29.  Section 402.182, Health and Safety Code, is

29-13    amended to read as follows:

29-14          Sec. 402.182. DESIGN OF FACILITIES.  The board shall ensure

29-15    that the design of facilities for low-level radioactive waste

29-16    disposal incorporates, as far as possible, safeguards against

29-17    hazards resulting from local meteorological conditions, including

29-18    phenomena such as hurricanes, tornados, earthquakes, earth tremors,

29-19    violent storms, and susceptibility to flooding.

29-20          SECTION 30.  Section 402.216(a), Health and Safety Code, is

29-21    amended to read as follows:

29-22          (a)  The board shall adopt rules governing:

29-23                (1)  the operation of disposal sites;

29-24                (2)  acceptance of low-level radioactive waste;

29-25                (3)  maintenance and monitoring of disposal sites; and

29-26                (4)  activities relating to the management and

29-27    operation of disposal sites.

 30-1          SECTION 31.  Sections 402.217-402.219 and 402.221-402.225,

 30-2    Health and Safety Code, are amended to read as follows:

 30-3          Sec. 402.217.  DISPOSAL SITE ACTIVITIES.  (a)  The authority

 30-4    may adopt any methods and techniques for permanent disposal that

 30-5    comply with federal and state standards for low-level radioactive

 30-6    waste disposal and that protect the public health and safety and

 30-7    the environment.

 30-8          (b)  The authority may provide facilities at disposal sites

 30-9    for processing and packaging low-level radioactive waste for

30-10    disposal.

30-11          Sec. 402.218.  ACCEPTANCE OF CERTAIN RADIOACTIVE [LOW-LEVEL]

30-12    WASTE.  Subject to limitations provided by Section 402.219:[,]

30-13                (1)  each disposal site shall accept for disposal all

30-14    low-level radioactive waste that is presented to it and that is

30-15    properly processed and packaged; and

30-16                (2)  the authority may accept for disposal NORM waste

30-17    that is compatible with disposal operations.

30-18          Sec. 402.219.  LIMITATIONS ON CERTAIN RADIOACTIVE WASTE

30-19    DISPOSAL.  (a)  Except as provided by an interstate compact, a

30-20    disposal site may accept only low-level radioactive waste or NORM

30-21    waste that is generated in this state.

30-22          (b)  The board by rule shall exclude from a disposal site

30-23    certain types of low-level radioactive waste or NORM waste that are

30-24    incompatible with disposal operations.

30-25          (c)  The state may enter into compacts with another state or

30-26    several states for the disposal in this state of low-level

30-27    radioactive waste only if the compact:

 31-1                (1)  limits the total volume of all low-level

 31-2    radioactive waste to be disposed of in this state from the other

 31-3    state or states to 20 percent of the annual average of low-level

 31-4    radioactive waste that the governor projects will be produced in

 31-5    this state from the years 1995 through 2045;

 31-6                (2)  gives this state full administrative control over

 31-7    management and operation of the disposal site;

 31-8                (3)  requires the other state or states to join this

 31-9    state in any legal action necessary to prevent states that are not

31-10    members of the compact from disposing of low-level radioactive

31-11    waste at the disposal site;

31-12                (4)  allows this state to charge a fee for the disposal

31-13    of low-level radioactive waste at the disposal site;

31-14                (5)  requires the other state or states to join in any

31-15    legal action involving liability from the disposal site;

31-16                (6)  requires the other state or states to share the

31-17    full cost of constructing the disposal site;

31-18                (7)  allows this state to regulate, in accordance with

31-19    federal law, the means and routes of transportation of the

31-20    low-level radioactive waste in this state;

31-21                (8)  requires the other state or states to pay for

31-22    community assistance projects selected by the host county in an

31-23    amount not less than $1 million or 10 percent of the amount

31-24    contributed by the other state or states;

31-25                (9)  is agreed to by the Texas Legislature, the

31-26    legislature of the other state or states, and the United States

31-27    Congress; and

 32-1                (10)  complies with all applicable federal law.

 32-2          (d)  This section does not affect the ability of this state

 32-3    to transfer low-level radioactive waste or NORM waste to another

 32-4    state.

 32-5          (e)  If this state enters into a compact with another state

 32-6    and the terms of the compact conflict with this section, the terms

 32-7    of the compact control.

 32-8          Sec. 402.221.  PACKAGING OF LOW-LEVEL RADIOACTIVE WASTE.

 32-9    (a)  The Texas Board of Health shall adopt rules relating to the

32-10    packaging of low-level radioactive waste.

32-11          (b)  An inspector employed by the department shall inspect

32-12    all packaged low-level radioactive waste before it is transported

32-13    to a permanent disposal site in this state.

32-14          (c)  The department shall charge a reasonable fee for the

32-15    inspection in an amount not to exceed the cost of inspection.

32-16          Sec. 402.222. SHIPMENT OF LOW-LEVEL RADIOACTIVE WASTE.

32-17    (a)  On arrival of a shipment of low-level radioactive waste at a

32-18    disposal site, the on-site operator or the operator's agent must

32-19    determine that the waste complies with all laws, rules, and

32-20    standards relating to processing and packaging of low-level

32-21    radioactive waste before the waste is accepted for disposal at the

32-22    disposal site.

32-23          (b)  A person making a shipment of low-level radioactive

32-24    waste that is in excess of 75 cubic feet shall give the on-site

32-25    operator of the disposal site written notice of the shipment at

32-26    least 72 hours before shipment to the disposal site begins.  The

32-27    written notice must contain information required by the board.

 33-1          Sec. 402.223.  IMPROPERLY PROCESSED OR PACKAGED LOW-LEVEL

 33-2    RADIOACTIVE WASTE.  (a)  If low-level radioactive waste that is not

 33-3    properly processed or packaged arrives at a disposal site, the

 33-4    on-site operator or the operator's agent shall properly process and

 33-5    package the waste for disposal and charge the person making the

 33-6    shipment the fee required by Section 402.274.

 33-7          (b)  The on-site operator or the operator's agent shall

 33-8    report to the federal and state agencies that establish rules and

 33-9    standards for processing, packaging, and transporting low-level

33-10    radioactive waste any person who delivers to a disposal site

33-11    low-level radioactive waste that is not properly processed or

33-12    packaged.

33-13          Sec. 402.224.  MIXED WASTE.  [(a)]  An on-site operator who

33-14    accepts mixed waste at a disposal site shall comply with Chapter

33-15    361 (Solid Waste Disposal Act), the Resource Conservation and

33-16    Recovery Act of 1976 (42 U.S.C. 6901 et seq.), and this chapter.

33-17          [(b)  In this section, "mixed waste" means a combination of

33-18    hazardous waste as defined by Chapter 361 (Solid Waste Disposal

33-19    Act) and low-level waste.]

33-20          Sec. 402.225.  BELOWGROUND DISPOSAL RESTRICTED.  Low-level

33-21    radioactive waste may not be disposed of in a landfill below the

33-22    natural level of a disposal site unless:

33-23                (1)  federal or state regulatory programs for low-level

33-24    radioactive waste preclude or recommend against aboveground

33-25    disposal, or the authority has by rule determined that belowground

33-26    disposal provides greater protection than aboveground disposal for

33-27    public health and the environment for the period for which the

 34-1    low-level radioactive waste will continue to pose a hazard to

 34-2    public health and the environment;

 34-3                (2)  the low-level radioactive waste is contained

 34-4    within a reinforced concrete barrier or within containment

 34-5    structures made of materials technologically equivalent or superior

 34-6    to reinforced concrete; and

 34-7                (3)  the low-level radioactive waste is contained in

 34-8    such a manner that it can be monitored and retrieved.

 34-9          SECTION 32.  Section 402.226(b), Health and Safety Code, is

34-10    amended to read as follows:

34-11          (b)  In this section, "shallow land burial" and "improved

34-12    shallow land burial" mean disposal of low-level radioactive waste

34-13    in an earthen trench as the low-level radioactive waste is received

34-14    from the generator.

34-15          SECTION 33.  Section 402.227, Health and Safety Code, is

34-16    amended to read as follows:

34-17          Sec. 402.227.  PUBLIC UTILITY STORAGE FACILITIES.  Each

34-18    public utility that operates or constructs a nuclear power reactor

34-19    in this state shall provide storage facilities at the reactor site

34-20    sufficient to store the low-level radioactive waste generated by

34-21    five years of normal operations.

34-22          SECTION 34.  Sections 402.252(a) and (c), Health and Safety

34-23    Code, are amended to read as follows:

34-24          (a)  The board shall quarterly transfer money in the

34-25    low-level radioactive waste fund generated by planning and

34-26    implementation fee surcharges under Section [Sections] 402.2721(e)

34-27    [and (f),] and that portion of waste disposal fees identifiable as

 35-1    adopted for the purposes of Sections 402.273(a)(3) and (b) to the

 35-2    commissioners court of the host county.

 35-3          (c)  Money received from the low-level radioactive waste fund

 35-4    under this section may be spent only for local public projects that

 35-5    are for the use and benefit of the public at large.  The board

 35-6    shall adopt guidelines for the expenditure of money received under

 35-7    this section, and the commissioners court shall spend or disburse

 35-8    the money for use according to those guidelines.

 35-9          SECTION 35.  Sections 402.271 and 402.272, Health and Safety

35-10    Code, are amended to read as follows:

35-11          Sec. 402.271.  AUTHORITY'S EXPENSES.  The authority's

35-12    expenses shall be paid from:

35-13                (1)  waste disposal fees;

35-14                (2)  planning and implementation fees;

35-15                (3)  proceeds from the sale of bonds under Subchapter

35-16    K;

35-17                (4)  contributions from members of a low-level

35-18    radioactive waste compact entered into under Section 402.219(c);

35-19                (5)  surcharge rebates made by the United States

35-20    Department of Energy pursuant to Pub.L. No. 99-240;

35-21                (6)  appropriations made by the legislature; and

35-22                (7)  other receipts, fees, and interest earned in funds

35-23    authorized by or collected under this subchapter and deposited in

35-24    the low-level radioactive waste fund.

35-25          Sec. 402.272.  WASTE DISPOSAL FEES.  (a)  The board shall

35-26    have collected a waste disposal fee to be paid by each person who

35-27    delivers low-level radioactive waste or NORM waste to the authority

 36-1    for disposal.

 36-2          (b)  The board by rule shall adopt and periodically revise

 36-3    waste disposal fees according to a schedule that is based on the

 36-4    projected annual volume of low-level radioactive waste or NORM

 36-5    waste received, the relative hazard presented by each type of

 36-6    low-level radioactive waste or NORM waste that is generated by the

 36-7    users of radioactive materials, and the costs identified in Section

 36-8    402.273.

 36-9          (c)  In determining relative hazard, the board shall consider

36-10    the radioactive, physical, and chemical properties of each type of

36-11    low-level radioactive waste or NORM waste.

36-12          SECTION 36.  Sections 402.2721(b), (d), (e), (f), (g), and

36-13    (h), Health and Safety Code, are amended to read as follows:

36-14          (b)  This fee shall be in an amount that is sufficient to

36-15    allow the authority to recover present and future costs of

36-16    administering, implementing, and planning the activities authorized

36-17    by this chapter before the operation of a disposal site [and to

36-18    reimburse the general revenue fund for expenses incurred and paid

36-19    by the authority in selecting, characterizing, and licensing a

36-20    disposal site].

36-21          (d)  Fees established under this section shall:

36-22                (1)  [include minimum and maximum annual fees in an

36-23    amount of at least $5 million for the 1992-1993 biennium to pay for

36-24    the estimated costs of administering, implementing, and planning

36-25    the activities authorized by this chapter and shall include at

36-26    least $5 million to reimburse the general revenue fund for

36-27    appropriations expended and incurred by the authority in selecting,

 37-1    characterizing, and licensing a disposal site;]

 37-2                [(2)]  take into account, the projected annual volume

 37-3    and the relative hazard presented by each type of low-level

 37-4    radioactive waste generated;

 37-5                (2) [(3)]  be collected by the department as provided

 37-6    by Subchapter H, Chapter 401;

 37-7                (3) [(4)]  be deposited in the state treasury to the

 37-8    credit of the low-level radioactive waste fund[, except that at

 37-9    least $10  million assessed and collected in the 1992-1993 biennium

37-10    to reimburse the general revenue fund for expenses incurred prior

37-11    to September 1, 1991, shall be deposited in the state treasury to

37-12    the credit of the general revenue fund];

37-13                (4) [(5)]  be paid [in four quarterly equal

37-14    installments beginning on January 1, 1992, and] annually

37-15    [thereafter]; and

37-16                (5) [(6)]  expire on the date the authority begins

37-17    operation of a disposal facility.

37-18          (e)  For each [the 1996-1997] biennium [and subsequent

37-19    bienniums], the board shall assess a surcharge of 10 percent of the

37-20    fee established for the biennium.

37-21          (f)  [For the 1994-1995 biennium only, the board shall assess

37-22    a surcharge of 10 percent of the fee established for the 1992-1993

37-23    biennium.]

37-24          [(g)]  Surcharges assessed under Subsection [Subsections] (e)

37-25    [and (f)] shall be used to fund local public projects under

37-26    Subchapter I.

37-27          (g) [(h)]  In determining relative hazard, the board shall

 38-1    consider the radioactive, physical, and chemical properties of each

 38-2    type of low-level radioactive waste.

 38-3          SECTION 37.  Sections 402.274 and 402.275, Health and Safety

 38-4    Code, are amended to read as follows:

 38-5          Sec. 402.274.  PROCESSING AND PACKAGING FEES.  The board by

 38-6    rule shall adopt and periodically revise processing and packaging

 38-7    fees according to a schedule that is based on the volume of

 38-8    improperly processed or packaged low-level radioactive waste

 38-9    delivered for disposal and on the cost to the authority for

38-10    properly processing and packaging the low-level radioactive waste

38-11    in compliance with federal and state standards.

38-12          Sec. 402.275.  LOW-LEVEL RADIOACTIVE WASTE FUND.  (a)  The

38-13    low-level radioactive waste fund is in the state treasury.

38-14          (b)  The fund is an interest-bearing fund. Interest earned on

38-15    money in the fund shall be deposited to the credit of the fund.

38-16          (c)  Money received by the authority, including waste

38-17    disposal fees, planning and implementation fees, surcharges on

38-18    planning and implementation fees, processing and packaging fees,

38-19    civil penalties, payments to the State of Texas under Public Law

38-20    99-240, and other receipts collected by the authority under this

38-21    chapter shall be deposited to the credit of the low-level

38-22    radioactive waste fund.

38-23          (d)  Except as provided by Subsection (f), money in the

38-24    low-level radioactive waste fund may be used to pay:

38-25                (1)  operating and maintenance costs of the authority;

38-26                (2)  future costs of decommissioning, closing, and

38-27    postclosure maintenance and surveillance of the disposal site;

 39-1                (3)  licensing fees and to provide security required by

 39-2    the commission;

 39-3                (4)  money judgments rendered against the authority

 39-4    that are directed by a court of this state to be paid from this

 39-5    fund;

 39-6                (5)  expenses associated with implementation of the

 39-7    rangeland and wildlife management plan;

 39-8                (6)  funds for local public projects under Subchapter

 39-9    I;

39-10                (7)  debt service and necessary fees and charges,

39-11    including insurance premiums and similar costs, associated with the

39-12    issuance and payment of bonds under Subchapter K; and

39-13                (8)  expenses for any other purpose under this chapter.

39-14          (e)  A payment for debt service and related costs under

39-15    Subsection (d)(7) has priority for payment from the low-level

39-16    radioactive waste fund over a payment for another expense

39-17    authorized by Subsection (d).

39-18          (f)  Payments to this state under Public Law 99-240 may be

39-19    used only for the purposes stated in the federal law.

39-20          (g)  The authority may transfer money from the low-level

39-21    radioactive waste fund to the radiation and perpetual care fund to

39-22    make payments required by the commission under Section 401.303.

39-23          SECTION 38.  Section 402.291(b), Health and Safety Code, is

39-24    amended to read as follows:

39-25          (b)  The bonds may not be a debt or pledge of the faith and

39-26    credit of the state, the authority, or a public entity, but shall

39-27    be payable from receipts collected by the authority and credited to

 40-1    the low-level radioactive waste fund and pledged to the payment of

 40-2    the bonds authorized under this subchapter.

 40-3          SECTION 39.  The importance of this legislation and the

 40-4    crowded condition of the calendars in both houses create an

 40-5    emergency and an imperative public necessity that the

 40-6    constitutional rule requiring bills to be read on three several

 40-7    days in each house be suspended, and this rule is hereby suspended,

 40-8    and that this Act take effect and be in force from and after its

 40-9    passage, and it is so enacted.