By Chisum H.B. No. 1426
75R5300 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 401.106 and 401.110, Health and Safety
10-14 Code, are amended to read as follows:
10-15 Sec. 401.106. EXEMPTION FROM LICENSING OR REGISTRATION
10-16 REQUIREMENTS OR FROM APPLICATION OF RULE. (a) The board by rule
10-17 may exempt a source of radiation or a kind of use or user from the
10-18 licensing or registration requirements provided by this chapter if
10-19 the board finds that the exemption of that source of radiation or
10-20 kind of use or user will not constitute a significant risk to the
10-21 public health and safety and the environment.
10-22 (b) The department or commission, as applicable, may exempt
10-23 a source of radiation or a kind of use or user from the application
10-24 of a rule adopted by the agency under this chapter if the agency
10-25 determines that the exemption:
10-26 (1) is not prohibited by law; and
10-27 (2) will not result in an undue hazard to public
11-1 health and safety, property, or the environment.
11-2 Sec. 401.110. DETERMINATION ON LICENSE. In making a
11-3 determination whether to grant, deny, amend, revoke, suspend, or
11-4 restrict a license or registration, the department or commission
11-5 may consider those aspects of an applicant's or license holder's
11-6 background that bear materially on the ability to fulfill the
11-7 obligations of licensure, including technical competence, financial
11-8 qualifications, and the applicant's or license holder's record in
11-9 areas involving radiation.
11-10 SECTION 5. Section 401.111(a), Health and Safety Code, is
11-11 amended to read as follows:
11-12 (a) The board and commission each, in adopting rules for the
11-13 issuance of licenses under their respective jurisdictions for new
11-14 sites for processing or disposal of low-level radioactive waste
11-15 from other persons, shall adopt criteria for the designation of
11-16 unsuitable sites, including:
11-17 (1) flood hazard areas;
11-18 (2) areas with characteristics of discharge from or
11-19 recharge of a groundwater aquifer system; or
11-20 (3) areas in which soil conditions make spill cleanup
11-21 impracticable.
11-22 SECTION 6. Section 401.112, Health and Safety Code, is
11-23 amended to read as follows:
11-24 Sec. 401.112. LOW-LEVEL RADIOACTIVE WASTE PROCESSING OR
11-25 DISPOSAL LICENSE APPLICATION AND CONSIDERATIONS. (a) The
11-26 department or commission, within its jurisdiction, in making a
11-27 licensing decision on a specific license application to process or
12-1 dispose of low-level radioactive waste from other persons, shall
12-2 consider:
12-3 (1) site suitability, geological, hydrological, and
12-4 meteorological factors, and natural hazards;
12-5 (2) compatibility with present uses of land near the
12-6 site;
12-7 (3) socioeconomic effects on surrounding communities
12-8 of operation of the licensed activity and of associated
12-9 transportation of radioactive material;
12-10 (4) the need for and alternatives to the proposed
12-11 activity, including an alternative siting analysis prepared by the
12-12 applicant;
12-13 (5) the applicant's qualifications, including
12-14 financial, technical, and past operating practices;
12-15 (6) background monitoring plans for the proposed site;
12-16 (7) suitability of facilities associated with the
12-17 proposed activities;
12-18 (8) chemical, radiological, and biological
12-19 characteristics of the low-level radioactive waste and waste
12-20 classification under Section 401.053;
12-21 (9) adequate insurance of the applicant to cover
12-22 potential injury to any property or person, including potential
12-23 injury from risks relating to transportation;
12-24 (10) training programs for the applicant's employees;
12-25 (11) a monitoring, record-keeping, and reporting
12-26 program;
12-27 (12) spill detection and cleanup plans for the
13-1 licensed site and related to associated transportation of
13-2 radioactive material;
13-3 (13) decommissioning and postclosure care plans;
13-4 (14) security plans;
13-5 (15) worker monitoring and protection plans;
13-6 (16) emergency plans; and
13-7 (17) a monitoring program for applicants that includes
13-8 prelicense and postlicense monitoring of background radioactive and
13-9 chemical characteristics of the soils, groundwater, and vegetation.
13-10 (b) An applicant for the specific license must submit with
13-11 the application information necessary for the issuing agency to
13-12 consider the factors under Subsection (a).
13-13 (c) The board and commission each within its jurisdiction by
13-14 rule shall provide specific criteria for the different types of
13-15 licensed low-level radioactive waste activities for the [listed]
13-16 factors for consideration provided by Subsection (a) and may
13-17 include additional factors and criteria that the board or
13-18 commission, as appropriate, determines necessary for full
13-19 consideration of a license.
13-20 SECTION 7. Section 401.113(c), Health and Safety Code, is
13-21 amended to read as follows:
13-22 (c) The analysis must include:
13-23 (1) an assessment of radiological and nonradiological
13-24 effects of the activity on the public health;
13-25 (2) an assessment of any effect on a waterway or
13-26 groundwater resulting from the activity;
13-27 (3) consideration of alternatives to the activities to
14-1 be conducted under the license; and
14-2 (4) consideration of the long-term effects associated
14-3 with activities, including decommissioning, decontamination, and
14-4 reclamation impacts, including the management of low-level
14-5 radioactive waste, to be conducted under the license.
14-6 SECTION 8. Section 401.114(a), Health and Safety Code, is
14-7 amended to read as follows:
14-8 (a) Before the department or commission, within its
14-9 jurisdiction, grants or renews a license to process or dispose of
14-10 low-level radioactive waste from other persons, the agency shall
14-11 give notice and shall provide an opportunity for a public hearing
14-12 in the manner provided by the agency's formal hearing procedure and
14-13 Chapter 2001, Government Code.
14-14 SECTION 9. Section 401.115, Health and Safety Code, is
14-15 amended to read as follows:
14-16 Sec. 401.115. LICENSES FROM OTHER AGENCIES. (a) A holder
14-17 of a license to operate a facility to process or dispose of
14-18 low-level radioactive waste may not operate the facility until the
14-19 holder has obtained all other required licenses or permits from
14-20 other agencies.
14-21 (b) An applicant for or holder of a license to operate a
14-22 facility to process or dispose of low-level radioactive waste is
14-23 not required to obtain a solid waste permit or other authorization
14-24 under Chapter 361 unless the applicant or holder proposes to
14-25 process or dispose of mixed waste.
14-26 SECTION 10. Section 401.116(a), Health and Safety Code, is
14-27 amended to read as follows:
15-1 (a) An amendment to a license to process or dispose of
15-2 low-level radioactive waste from other persons may take effect
15-3 immediately.
15-4 SECTION 11. Section 401.117, Health and Safety Code, is
15-5 amended to read as follows:
15-6 Sec. 401.117. CONSTRUCTION LIMITATION. The department or
15-7 commission shall prohibit major construction relating to activities
15-8 to be permitted under a license issued by the agency to process or
15-9 dispose of low-level radioactive waste from other persons until the
15-10 requirements in Sections 401.113 and 401.114 are completed.
15-11 SECTION 12. The heading to Subchapter E, Chapter 401, Health
15-12 and Safety Code, is amended to read as follows:
15-13 SUBCHAPTER E. MANAGEMENT OF LOW-LEVEL RADIOACTIVE WASTE
15-14 SECTION 13. Section 401.151, Health and Safety Code, is
15-15 amended to read as follows:
15-16 Sec. 401.151. COMPATIBILITY WITH FEDERAL STANDARDS. The
15-17 department and commission each shall assure that the management of
15-18 low-level radioactive waste under their respective jurisdictions is
15-19 compatible with applicable federal commission standards.
15-20 SECTION 14. Section 401.152(a), Health and Safety Code, is
15-21 amended to read as follows:
15-22 (a) If the department or commission, under procedures
15-23 provided by Section 401.056, finds that low-level radioactive waste
15-24 under its jurisdiction threatens the public health and safety and
15-25 the environment and that the license holder managing the low-level
15-26 radioactive waste is unable to remove the threat, the agency by
15-27 order may require any action, including a corrective measure, that
16-1 is necessary to remove the threat.
16-2 SECTION 15. The heading to Subchapter F, Chapter 401, Health
16-3 and Safety Code, is amended to read as follows:
16-4 SUBCHAPTER F. SPECIAL PROVISIONS CONCERNING LOW-LEVEL
16-5 RADIOACTIVE WASTE DISPOSAL
16-6 SECTION 16. Sections 401.201-401.205, Health and Safety
16-7 Code, are amended to read as follows:
16-8 Sec. 401.201. REGULATION OF LOW-LEVEL RADIOACTIVE WASTE
16-9 DISPOSAL. The commission shall directly regulate the disposal of
16-10 low-level radioactive waste. The person making the disposal shall
16-11 comply with commission rules.
16-12 Sec. 401.202. LICENSING AUTHORITY. The commission or
16-13 department, within its respective jurisdiction, shall grant, deny,
16-14 renew, revoke, suspend, or withdraw licenses for the processing or
16-15 disposal of low-level radioactive waste from other persons [and for
16-16 the processing of that waste].
16-17 Sec. 401.203. LICENSE RESTRICTED TO PUBLIC ENTITY. A
16-18 license to dispose of low-level radioactive waste from other
16-19 persons [disposal license] may be issued only to a public entity
16-20 specifically authorized by law for low-level radioactive waste
16-21 disposal.
16-22 Sec. 401.204. ACQUISITION OF PROPERTY. An application for a
16-23 license to dispose of low-level radioactive waste from other
16-24 persons may not be considered unless the applicant has acquired the
16-25 title to and any interest in land and buildings as required by
16-26 commission rule.
16-27 Sec. 401.205. RESPONSIBILITIES OF PERSONS LICENSED TO
17-1 DISPOSE OF LOW-LEVEL RADIOACTIVE WASTE. A person who is licensed
17-2 to dispose of low-level radioactive waste from other persons shall:
17-3 (1) arrange for and pay the costs of management,
17-4 control, stabilization, and disposal of low-level radioactive waste
17-5 and the decommissioning of the licensed activity;
17-6 (2) convey to the state when the license is issued all
17-7 right, title, and interest in land and buildings acquired under
17-8 commission rules, together with requisite rights of access to that
17-9 property; and
17-10 (3) formally acknowledge before termination of the
17-11 license the conveyance to the state of the right, title, and
17-12 interest in low-level radioactive waste located on the property
17-13 conveyed.
17-14 SECTION 17. Section 401.206(a), Health and Safety Code, is
17-15 amended to read as follows:
17-16 (a) The holder of a license to dispose of low-level
17-17 radioactive waste from other persons shall reimburse the commission
17-18 for the salary and other expenses of a resident inspector employed
17-19 by the commission.
17-20 SECTION 18. Sections 401.207-401.213, Health and Safety
17-21 Code, are amended to read as follows:
17-22 Sec. 401.207. OUT-OF-STATE WASTE. A license holder may not
17-23 accept low-level radioactive waste generated in another state for
17-24 [processing or] disposal under a license issued by the commission
17-25 unless the waste is:
17-26 (1) accepted under a compact to which the state is a
17-27 contracting party;
18-1 (2) from a state having an operating low-level
18-2 radioactive waste disposal site at which that state is willing to
18-3 accept low-level radioactive waste generated in this state; or
18-4 (3) generated from manufactured sources or devices
18-5 originating in this state.
18-6 Sec. 401.208. LIMITATION ON CERTAIN RADIOACTIVE WASTE
18-7 DISPOSAL. (a) A license holder may [not] accept for disposal
18-8 under a license issued by the commission only low-level radioactive
18-9 waste or NORM waste[:]
18-10 [(1) high-level radioactive waste as defined by Title
18-11 10, Code of Federal Regulations;]
18-12 [(2) irradiated reactor fuel; or]
18-13 [(3) radioactive waste that contains 10 or more
18-14 nanocuries per gram of transuranics].
18-15 (b) A license holder may accept for disposal under a license
18-16 issued by the commission oil and gas NORM waste if the disposal is:
18-17 (1) authorized by the Railroad Commission of Texas;
18-18 and
18-19 (2) approved by the commission in a manner acceptable
18-20 to the commission and the Railroad Commission of Texas [The
18-21 commission by rule shall adopt special criteria for the disposal of
18-22 radioactive waste with a half-life greater than 35 years and
18-23 radioactive waste that contains less than 10 nanocuries per gram of
18-24 transuranics].
18-25 Sec. 401.209. ACQUISITION AND OPERATION OF LOW-LEVEL
18-26 RADIOACTIVE WASTE DISPOSAL SITES. (a) The commission may acquire
18-27 the fee simple title in land, affected mineral rights, and
19-1 buildings at which low-level radioactive waste can be or is being
19-2 disposed of in a manner consistent with public health and safety
19-3 and the environment.
19-4 (b) Property acquired under this section may be used only
19-5 for disposing of low-level radioactive waste until the commission
19-6 determines that another use would not endanger the health, safety,
19-7 or general welfare of the public or the environment.
19-8 (c) The commission may lease property acquired under this
19-9 section for operating disposal sites for low-level radioactive
19-10 waste.
19-11 (d) The right, title, and interest in low-level radioactive
19-12 waste accepted for disposal at property and facilities acquired
19-13 under this section and any other interest acquired under this
19-14 chapter are the property of the commission, acting on behalf of the
19-15 state, and shall be administered and controlled by the commission
19-16 in the name of the state.
19-17 (e) A right, title, or interest acquired under this chapter
19-18 does not vest in any fund created by the Texas Constitution.
19-19 Sec. 401.210. TRANSFER COSTS OF PROPERTY. Any land,
19-20 building, or low-level radioactive [Radioactive] waste [and land
19-21 and buildings] transferred to the state under this chapter shall
19-22 be transferred to the state without cost, other than administrative
19-23 and legal costs incurred in making the transfer.
19-24 Sec. 401.211. LIABILITY. The transfer to the state of the
19-25 title to land, a building, or low-level radioactive waste [and land
19-26 and buildings] does not relieve a license holder of liability for
19-27 any fraudulent or negligent acts performed before the transfer or
20-1 while the land, building, or low-level radioactive waste is [or
20-2 land and buildings are] in the possession and control of the
20-3 license holder.
20-4 Sec. 401.212. MONITORING, MAINTENANCE, AND EMERGENCY
20-5 MEASURES. The commission may undertake monitoring, maintenance,
20-6 and emergency measures that are necessary to protect the public
20-7 health and safety and the environment in connection with low-level
20-8 radioactive waste and property for which it has assumed custody.
20-9 Sec. 401.213. INTERSTATE COMPACTS. The commission shall
20-10 cooperate with and encourage the use of interstate compacts,
20-11 including the Southern States Energy Board, to develop regional
20-12 sites that divide among the states the disposal burden of low-level
20-13 radioactive waste generated in the region.
20-14 SECTION 19. Section 401.261(1), Health and Safety Code, is
20-15 amended to read as follows:
20-16 (1) "By-product material" does not include that
20-17 by-product material defined by Section 401.003(4)(A)
20-18 [401.003(3)(A)].
20-19 SECTION 20. Sections 401.301(b) and (c), Health and Safety
20-20 Code, are amended to read as follows:
20-21 (b) The board by rule shall set the fee in an amount that
20-22 may not exceed the actual expenses annually incurred to:
20-23 (1) process applications for licenses or
20-24 registrations;
20-25 (2) amend or renew licenses or registrations;
20-26 (3) make inspections of license holders and
20-27 registrants; and
21-1 (4) enforce this chapter and rules, orders, licenses,
21-2 and registrations under this chapter[; and]
21-3 [(5) collect payments to the low-level waste fund and
21-4 general revenue as provided by Section 402.2721].
21-5 (c) The department may collect a fee, in addition to the
21-6 annual license and registration fee, of not [less than $100 nor]
21-7 more than $10,000 per year [annum] from each licensee or registrant
21-8 who fails to pay the fees authorized by this section.
21-9 SECTION 21. Section 401.305(b), Health and Safety Code, is
21-10 amended to read as follows:
21-11 (b) The department and commission each shall deposit to the
21-12 credit of the fund money and security they receive under this
21-13 chapter, including an administrative penalty collected under
21-14 Sections 401.384-401.390 but excluding [other than] fees collected
21-15 under Sections 401.301 and 401.302. Interest earned on money in
21-16 the fund shall be credited to the fund.
21-17 SECTION 22. Section 401.383, Health and Safety Code, is
21-18 amended to read as follows:
21-19 Sec. 401.383. CRIMINAL PENALTY FOR CERTAIN ACTS RELATED TO
21-20 LOW-LEVEL RADIOACTIVE WASTE. (a) A person commits an offense if
21-21 the person intentionally or knowingly receives, processes,
21-22 concentrates, stores, transports, or disposes of low-level
21-23 radioactive waste without a license issued under this chapter.
21-24 (b) An offense under this section is a Class A misdemeanor,
21-25 unless it is shown at the trial of the person that the person has
21-26 been previously convicted of an offense under this section, in
21-27 which event the offense is punishable by a fine of not less than
22-1 $2,000 or more than $100,000, confinement in the county jail for
22-2 not more than one year, or both.
22-3 SECTION 23. Section 401.384(a), Health and Safety Code, is
22-4 amended to read as follows:
22-5 (a) The department or commission may assess an
22-6 administrative [a civil] penalty as provided by this section and
22-7 Sections 401.385-401.390 [401.385-401.391] against a person who
22-8 violates a provision of this chapter relating to an activity under
22-9 the agency's jurisdiction, a rule or order adopted by the agency
22-10 under this chapter, or a condition of a license or registration
22-11 issued by the agency under this chapter.
22-12 SECTION 24. Section 401.385, Health and Safety Code, is
22-13 amended to read as follows:
22-14 Sec. 401.385. PRELIMINARY REPORT OF VIOLATION. If the
22-15 department or commission, after an investigation, concludes that a
22-16 violation relating to an activity under its jurisdiction has
22-17 occurred, the agency may issue a preliminary report:
22-18 (1) stating the facts that support the conclusion;
22-19 (2) recommending that an administrative [a civil]
22-20 penalty under Section 401.384 be imposed; and
22-21 (3) recommending the amount of the penalty, which
22-22 shall be based on the seriousness of the violation as determined
22-23 from the facts surrounding the violation.
22-24 SECTION 25. Sections 401.388(d) and (f), Health and Safety
22-25 Code, are amended to read as follows:
22-26 (d) Based on the findings of fact and the recommendations of
22-27 the hearing examiner, the commissioner or the commission, as
23-1 appropriate, by order may find that a violation has occurred and
23-2 assess an administrative [a civil] penalty or may find that no
23-3 violation occurred.
23-4 (f) The commissioner or the commission, as appropriate,
23-5 shall give notice to the person charged of the commissioner's or
23-6 the commission's decision, and if the commissioner or the
23-7 commission, as appropriate, finds that a violation has occurred and
23-8 an administrative [a civil] penalty has been assessed, the
23-9 commissioner or the commission, as appropriate, shall give to the
23-10 person charged written notice of:
23-11 (1) the commissioner's or the commission's findings;
23-12 (2) the amount of the penalty; and
23-13 (3) the person's right to judicial review of the
23-14 commissioner's or the commission's order.
23-15 SECTION 26. Section 401.392(a), Health and Safety Code, is
23-16 amended to read as follows:
23-17 (a) A local government or person affected may file with the
23-18 commission a written complaint and may request an investigation of
23-19 an alleged violation by a person who holds:
23-20 (1) a radioactive materials license for an activity
23-21 that results in the production of by-product material described [as
23-22 defined] by Section 401.003(4)(B); [401.003(3)(B)] or
23-23 (2) a license to dispose of low-level radioactive
23-24 waste from other persons.
23-25 SECTION 27. Subchapter J, Chapter 401, Health and Safety
23-26 Code, is amended by adding Section 401.393 to read as follows:
23-27 Sec. 401.393. PROHIBITION ON CAUSING OR ALLOWING VIOLATION.
24-1 A person may not cause or allow a violation of this chapter, a rule
24-2 adopted under this chapter, or an order, license, or certificate of
24-3 registration issued by the department or commission under this
24-4 chapter.
24-5 SECTION 28. Sections 401.412(a) and (f), Health and Safety
24-6 Code, are amended to read as follows:
24-7 (a) Notwithstanding any other provision of this chapter and
24-8 subject to Sections [Section] 401.102 and 401.415, the commission
24-9 has sole and exclusive authority to [directly] regulate and to
24-10 grant, deny, renew, revoke, suspend, amend, or withdraw licenses
24-11 for the disposal of radioactive material [substances].
24-12 (f) The commission shall establish by rule the amounts
24-13 appropriate for the fees collected under this section. The fees
24-14 collected under this section shall be deposited in the radioactive
24-15 material [substance] fee fund and reappropriated for use by the
24-16 commission for expenses incurred by the commission in administering
24-17 the provisions of this chapter.
24-18 SECTION 29. Sections 401.413 and 401.414, Health and Safety
24-19 Code, are amended to read as follows:
24-20 Sec. 401.413. COMMISSION DISPOSAL LICENSE REQUIRED. A
24-21 person required by another section of this chapter to obtain a
24-22 license for the disposal of [a] radioactive material other than oil
24-23 and gas NORM waste [substance] is required to obtain the license
24-24 from the commission and not from the department.
24-25 Sec. 401.414. MEMORANDUM OF UNDERSTANDING. The commission
24-26 [Texas Natural Resource Conservation Commission] and the board [of
24-27 health] by rule shall adopt a memorandum of understanding defining
25-1 their respective duties under this chapter.
25-2 SECTION 30. Section 401.415(d), Health and Safety Code, is
25-3 amended to read as follows:
25-4 (d) The [To ensure that the State of Texas retains its
25-5 Agreement Status with the U.S. Nuclear Regulatory Commission, and
25-6 to ensure that radioactive materials are managed consistently to
25-7 protect the public health and safety and the environment, the]
25-8 Railroad Commission of Texas shall issue rules on the management of
25-9 oil and gas NORM waste [by January 1, 1995,] and in so doing shall
25-10 consult with the Texas Natural Resource Conservation Commission and
25-11 the department [Department of Health] regarding protection of the
25-12 public health and the environment. The rules of the railroad
25-13 commission shall provide protection for public health, safety, and
25-14 the environment equivalent to the protection provided by rules
25-15 applicable to disposal of other NORM wastes having similar
25-16 properties, quantities, and distribution, although the approved
25-17 methods and sites for disposing of oil and gas NORM wastes may be
25-18 different from those approved for other NORM wastes.
25-19 SECTION 31. Sections 402.003, 402.014, 402.052, 402.053,
25-20 402.058, 402.081, 402.082, 402.127, and 402.154, Health and Safety
25-21 Code, are amended to read as follows:
25-22 Sec. 402.003. DEFINITIONS. In this chapter:
25-23 (1) "Authority" means the Texas Low-Level Radioactive
25-24 Waste Disposal Authority.
25-25 (2) "Board" means the board of directors of the
25-26 authority.
25-27 (3) "Bond" means any type of obligation issued by the
26-1 authority under this chapter, including a certificate of
26-2 obligation, bond, note, draft, bill, warrant, debenture, interim
26-3 certificate, revenue or bond anticipation note, or other evidence
26-4 of indebtedness.
26-5 (4) "Commission" means the Texas Natural Resource
26-6 Conservation Commission.
26-7 (5) [(3)] "Contract operator" means a political
26-8 subdivision or agency of the state or a private entity with which
26-9 the authority has entered into a contract under Section 402.212.
26-10 (6) [(4)] "Department" means the Texas Department of
26-11 Health.
26-12 (7) [(5)] "Disposal site" means the property and
26-13 facilities acquired, constructed, and owned by the authority at
26-14 which low-level radioactive waste can be processed and disposed of
26-15 permanently.
26-16 (8) "Host county" means the county in which the
26-17 disposal site is or will be located.
26-18 (9) "Low-level radioactive waste" has the meaning
26-19 assigned by Section 401.004.
26-20 [(6) "Low-level waste" means radioactive material that
26-21 has a half-life of 35 years or less or fewer than 10 nanocuries per
26-22 gram of transuranics, and may include radioactive material not
26-23 excluded by this subdivision with a half-life of more than 35 years
26-24 if special criteria for disposal of that waste are established by
26-25 the commission. The term does not include irradiated reactor fuel
26-26 and high-level radioactive waste as defined by Title 10, Code of
26-27 Federal Regulations.]
27-1 (10) [(7)] "Management" means establishing, adopting,
27-2 and entering into and assuring compliance with the general
27-3 policies, rules, and contracts that govern the operation of a
27-4 disposal site.
27-5 (11) "Mixed waste" has the meaning assigned by Section
27-6 401.003.
27-7 (12) "Naturally occurring radioactive material waste"
27-8 or "NORM waste" has the meaning assigned by Section 401.003.
27-9 (13) "Oil and gas NORM waste" has the meaning assigned
27-10 by Section 401.003.
27-11 (14) [(8)] "Operation" means the control, supervision,
27-12 and implementation of the actual physical activities involved in
27-13 the receipt, processing, packaging, storage, disposal, and
27-14 monitoring of low-level radioactive waste at a disposal site, the
27-15 maintenance of a disposal site, and any other responsibilities
27-16 designated by the board as part of the operation.
27-17 (15) [(9)] "Person" has the meaning assigned by
27-18 Section 401.003 [includes a legal successor to or representative,
27-19 agent, or agency of any person].
27-20 (16) [(10)] "Radioactive material" has the meaning
27-21 assigned by Section 401.003 [means solid, liquid, or gaseous
27-22 material, whether occurring naturally or produced artificially,
27-23 that emits radiation spontaneously].
27-24 (17) [(11)] "Rangeland and wildlife management plan"
27-25 means a plan that applies rangeland and wildlife habitat management
27-26 techniques to land located in the vicinity of a disposal site so
27-27 that the natural productivity and economic value of the land are
28-1 enhanced.
28-2 [(12) "Bond" means any type of obligation issued by
28-3 the authority under this chapter, including a certificate of
28-4 obligation, bond, note, draft, bill, warrant, debenture, interim
28-5 certificate, revenue or bond anticipation note, or other evidence
28-6 of indebtedness.]
28-7 [(13) "Host county" means the county in which the
28-8 disposal site is or will be located.]
28-9 [(14) "Commission" means the Texas Natural Resource
28-10 Conservation Commission.]
28-11 Sec. 402.014. SPECIAL LIMITATIONS ON PUBLIC MEMBERS. A
28-12 member of the board who represents the public or a person related
28-13 within the second degree by affinity or within the third degree by
28-14 consanguinity, as determined under Chapter 573, Government Code, to
28-15 that member may not be an employee of or otherwise have a financial
28-16 interest in any person who has a contract with or who uses the
28-17 services of a site in the United States for storing, processing, or
28-18 disposing of low-level radioactive waste.
28-19 Sec. 402.052. DEVELOPMENT AND OPERATION OF DISPOSAL SITE.
28-20 The authority shall develop and operate one disposal site for the
28-21 disposal of low-level radioactive waste in this state.
28-22 Sec. 402.053. GENERAL POWERS. To carry out this chapter,
28-23 the authority may:
28-24 (1) apply for, receive, accept, and administer gifts,
28-25 grants, and other funds available from any source;
28-26 (2) contract with the federal government, the state,
28-27 interstate agencies, local governmental entities, and private
29-1 entities to carry out this chapter and rules, standards, and orders
29-2 adopted under this chapter;
29-3 (3) conduct, request, and participate in studies,
29-4 investigations, and research relating to selection, preparation,
29-5 construction, operation, maintenance, decommissioning, closing, and
29-6 financing of disposal sites and disposal of low-level radioactive
29-7 waste; and
29-8 (4) advise, consult, and cooperate with the federal
29-9 government, the state, interstate agencies, local governmental
29-10 entities in this state, and private entities.
29-11 Sec. 402.058. HEALTH SURVEILLANCE SURVEY. The board, in
29-12 cooperation with the commission, the department [Texas Department
29-13 of Health], and local public health officials, shall develop a
29-14 health surveillance survey for the population located in the
29-15 vicinity of a disposal site.
29-16 Sec. 402.081. DISPOSAL SITE SELECTION STUDIES. The
29-17 authority shall make studies or contract for studies to be made of
29-18 the future requirements for disposal of low-level radioactive waste
29-19 in this state and to determine the areas of the state that are
29-20 relatively more suitable than others for low-level radioactive
29-21 waste disposal activities.
29-22 Sec. 402.082. STUDY CRITERIA. Studies required under
29-23 Section 402.081 must consider:
29-24 (1) the volume of low-level radioactive waste
29-25 generated by type and source categories for the expected life of
29-26 the disposal site, including waste that may be generated from the
29-27 decommissioning of nuclear power plants located in this state;
30-1 (2) geology;
30-2 (3) topography;
30-3 (4) transportation and access;
30-4 (5) meteorology;
30-5 (6) population density;
30-6 (7) surface and subsurface hydrology;
30-7 (8) flora and fauna;
30-8 (9) current land use;
30-9 (10) criteria established by the commission for
30-10 disposal site selection;
30-11 (11) the proximity of the disposal site to sources of
30-12 low-level radioactive waste, including related transportation
30-13 costs, to the extent that the proximity and transportation costs do
30-14 not interfere with selection of a suitable disposal site for
30-15 protecting public health and the environment;
30-16 (12) other disposal site characteristics that may need
30-17 study on a preliminary basis and for which detailed study would be
30-18 required to prepare an application or license required for disposal
30-19 site operation; and
30-20 (13) alternative management techniques, including
30-21 aboveground isolation facilities, waste processing and reduction at
30-22 the site of waste generation and at an authority management site,
30-23 and waste recycling.
30-24 Sec. 402.127. FINDING BY BOARD OF REGENTS BEFORE SALE OR
30-25 LEASE. Before the board of regents of The University of Texas
30-26 System enters into an agreement with the authority to sell or lease
30-27 permanent university fund land to the authority, the board of
31-1 regents must enter in its records a finding that the site to be
31-2 sold or leased for low-level radioactive waste disposal will not
31-3 interfere with the potential siting of the Super-conducting Super
31-4 Colliding Particle Accelerator Project.
31-5 Sec. 402.154. TECHNIQUES FOR MANAGING LOW-LEVEL RADIOACTIVE
31-6 WASTE. (a) As a condition for obtaining a license, the authority
31-7 must submit to the commission or its designee evidence relating to
31-8 the reasonableness of any technique to be practiced at the proposed
31-9 disposal site for managing low-level radioactive waste.
31-10 (b) Before determining the techniques to be used for
31-11 managing low-level radioactive waste, the authority shall study
31-12 alternative techniques, including:
31-13 (1) waste processing and reduction at the site of
31-14 waste generation and at the disposal site; and
31-15 (2) the use of aboveground isolation facilities.
31-16 SECTION 32. Section 402.181(a), Health and Safety Code, is
31-17 amended to read as follows:
31-18 (a) The authority shall construct all works and facilities
31-19 on the disposal site and shall make improvements necessary to
31-20 prepare for disposal and to permanently dispose of low-level
31-21 radioactive waste.
31-22 SECTION 33. Section 402.182, Health and Safety Code, is
31-23 amended to read as follows:
31-24 Sec. 402.182. DESIGN OF FACILITIES. The board shall ensure
31-25 that the design of facilities for low-level radioactive waste
31-26 disposal incorporates, as far as possible, safeguards against
31-27 hazards resulting from local meteorological conditions, including
32-1 phenomena such as hurricanes, tornados, earthquakes, earth tremors,
32-2 violent storms, and susceptibility to flooding.
32-3 SECTION 34. Section 402.216(a), Health and Safety Code, is
32-4 amended to read as follows:
32-5 (a) The board shall adopt rules governing:
32-6 (1) the operation of disposal sites;
32-7 (2) acceptance of low-level radioactive waste;
32-8 (3) maintenance and monitoring of disposal sites; and
32-9 (4) activities relating to the management and
32-10 operation of disposal sites.
32-11 SECTION 35. Sections 402.217-402.219 and 402.221-402.225,
32-12 Health and Safety Code, are amended to read as follows:
32-13 Sec. 402.217. DISPOSAL SITE ACTIVITIES. (a) The authority
32-14 may adopt any methods and techniques for permanent disposal that
32-15 comply with federal and state standards for low-level radioactive
32-16 waste disposal and that protect the public health and safety and
32-17 the environment.
32-18 (b) The authority may provide facilities at disposal sites
32-19 for processing and packaging low-level radioactive waste for
32-20 disposal.
32-21 Sec. 402.218. ACCEPTANCE OF CERTAIN RADIOACTIVE [LOW-LEVEL]
32-22 WASTE. Subject to limitations provided by Section 402.219:
32-23 (1)[,] each disposal site shall accept for disposal
32-24 all low-level radioactive waste that is presented to it and that is
32-25 properly processed and packaged; and
32-26 (2) the authority may accept for disposal NORM waste
32-27 that is compatible with disposal operations.
33-1 Sec. 402.219. LIMITATIONS ON CERTAIN RADIOACTIVE WASTE
33-2 DISPOSAL. (a) Except as provided by an interstate compact, a
33-3 disposal site may accept only low-level radioactive waste or NORM
33-4 waste that is generated in this state.
33-5 (b) The board by rule shall exclude from a disposal site
33-6 certain types of low-level radioactive waste or NORM waste that are
33-7 incompatible with disposal operations.
33-8 (c) The state may enter into compacts with another state or
33-9 several states for the disposal in this state of low-level
33-10 radioactive waste only if the compact:
33-11 (1) limits the total volume of all low-level
33-12 radioactive waste to be disposed of in this state from the other
33-13 state or states to 20 percent of the annual average of low-level
33-14 radioactive waste that the governor projects will be produced in
33-15 this state from the years 1995 through 2045;
33-16 (2) gives this state full administrative control over
33-17 management and operation of the disposal site;
33-18 (3) requires the other state or states to join this
33-19 state in any legal action necessary to prevent states that are not
33-20 members of the compact from disposing of low-level radioactive
33-21 waste at the disposal site;
33-22 (4) allows this state to charge a fee for the disposal
33-23 of low-level radioactive waste at the disposal site;
33-24 (5) requires the other state or states to join in any
33-25 legal action involving liability from the disposal site;
33-26 (6) requires the other state or states to share the
33-27 full cost of constructing the disposal site;
34-1 (7) allows this state to regulate, in accordance with
34-2 federal law, the means and routes of transportation of the
34-3 low-level radioactive waste in this state;
34-4 (8) requires the other state or states to pay for
34-5 community assistance projects selected by the host county in an
34-6 amount not less than $1 million or 10 percent of the amount
34-7 contributed by the other state or states;
34-8 (9) is agreed to by the Texas Legislature, the
34-9 legislature of the other state or states, and the United States
34-10 Congress; and
34-11 (10) complies with all applicable federal law.
34-12 (d) This section does not affect the ability of this state
34-13 to transfer low-level radioactive waste or NORM waste to another
34-14 state.
34-15 (e) If this state enters into a compact with another state
34-16 and the terms of the compact conflict with this section, the terms
34-17 of the compact control.
34-18 Sec. 402.221. PACKAGING OF LOW-LEVEL RADIOACTIVE WASTE. (a)
34-19 The Texas Board of Health shall adopt rules relating to the
34-20 packaging of low-level radioactive waste.
34-21 (b) An inspector employed by the department shall inspect
34-22 all packaged low-level radioactive waste before it is transported
34-23 to a permanent disposal site in this state.
34-24 (c) The department shall charge a reasonable fee for the
34-25 inspection in an amount not to exceed the cost of inspection.
34-26 Sec. 402.222. SHIPMENT OF LOW-LEVEL RADIOACTIVE WASTE. (a)
34-27 On arrival of a shipment of low-level radioactive waste at a
35-1 disposal site, the on-site operator or the operator's agent must
35-2 determine that the waste complies with all laws, rules, and
35-3 standards relating to processing and packaging of low-level
35-4 radioactive waste before the waste is accepted for disposal at the
35-5 disposal site.
35-6 (b) A person making a shipment of low-level radioactive
35-7 waste that is in excess of 75 cubic feet shall give the on-site
35-8 operator of the disposal site written notice of the shipment at
35-9 least 72 hours before shipment to the disposal site begins. The
35-10 written notice must contain information required by the board.
35-11 Sec. 402.223. IMPROPERLY PROCESSED OR PACKAGED LOW-LEVEL
35-12 RADIOACTIVE WASTE. (a) If low-level radioactive waste that is not
35-13 properly processed or packaged arrives at a disposal site, the
35-14 on-site operator or the operator's agent shall properly process and
35-15 package the waste for disposal and charge the person making the
35-16 shipment the fee required by Section 402.274.
35-17 (b) The on-site operator or the operator's agent shall
35-18 report to the federal and state agencies that establish rules and
35-19 standards for processing, packaging, and transporting low-level
35-20 radioactive waste any person who delivers to a disposal site
35-21 low-level radioactive waste that is not properly processed or
35-22 packaged.
35-23 Sec. 402.224. MIXED WASTE. [(a)] An on-site operator who
35-24 accepts mixed waste at a disposal site shall comply with Chapter
35-25 361 (Solid Waste Disposal Act), the Resource Conservation and
35-26 Recovery Act of 1976 (42 U.S.C. 6901 et seq.), and this chapter.
35-27 [(b) In this section, "mixed waste" means a combination of
36-1 hazardous waste as defined by Chapter 361 (Solid Waste Disposal
36-2 Act) and low-level waste.]
36-3 Sec. 402.225. BELOWGROUND DISPOSAL RESTRICTED. Low-level
36-4 radioactive waste may not be disposed of in a landfill below the
36-5 natural level of a disposal site unless:
36-6 (1) federal or state regulatory programs for low-level
36-7 radioactive waste preclude or recommend against aboveground
36-8 disposal, or the authority has by rule determined that belowground
36-9 disposal provides greater protection than aboveground disposal for
36-10 public health and the environment for the period for which the
36-11 low-level radioactive waste will continue to pose a hazard to
36-12 public health and the environment;
36-13 (2) the low-level radioactive waste is contained
36-14 within a reinforced concrete barrier or within containment
36-15 structures made of materials technologically equivalent or superior
36-16 to reinforced concrete; and
36-17 (3) the low-level radioactive waste is contained in
36-18 such a manner that it can be monitored and retrieved.
36-19 SECTION 36. Section 402.226(b), Health and Safety Code, is
36-20 amended to read as follows:
36-21 (b) In this section, "shallow land burial" and "improved
36-22 shallow land burial" mean disposal of low-level radioactive waste
36-23 in an earthen trench as the low-level radioactive waste is received
36-24 from the generator.
36-25 SECTION 37. Section 402.227, Health and Safety Code, is
36-26 amended to read as follows:
36-27 Sec. 402.227. PUBLIC UTILITY STORAGE FACILITIES. Each
37-1 public utility that operates or constructs a nuclear power reactor
37-2 in this state shall provide storage facilities at the reactor site
37-3 sufficient to store the low-level radioactive waste generated by
37-4 five years of normal operations.
37-5 SECTION 38. Sections 402.252(a) and (c), Health and Safety
37-6 Code, are amended to read as follows:
37-7 (a) The board shall quarterly transfer money in the
37-8 low-level radioactive waste fund generated by planning and
37-9 implementation fee surcharges under Section [Sections] 402.2721(e)
37-10 [and (f),] and that portion of waste disposal fees identifiable as
37-11 adopted for the purposes of Sections 402.273(a)(3) and (b) to the
37-12 commissioners court of the host county.
37-13 (c) Money received from the low-level radioactive waste fund
37-14 under this section may be spent only for local public projects that
37-15 are for the use and benefit of the public at large. The board
37-16 shall adopt guidelines for the expenditure of money received under
37-17 this section, and the commissioners court shall spend or disburse
37-18 the money for use according to those guidelines.
37-19 SECTION 39. Sections 402.271 and 402.272, Health and Safety
37-20 Code, are amended to read as follows:
37-21 Sec. 402.271. AUTHORITY'S EXPENSES. The authority's
37-22 expenses shall be paid from:
37-23 (1) waste disposal fees;
37-24 (2) planning and implementation fees;
37-25 (3) proceeds from the sale of bonds under Subchapter
37-26 K;
37-27 (4) contributions from members of a low-level
38-1 radioactive waste compact entered into under Section 402.219(c);
38-2 (5) surcharge rebates made by the United States
38-3 Department of Energy pursuant to Pub.L. No. 99-240;
38-4 (6) appropriations made by the legislature; and
38-5 (7) other receipts, fees, and interest earned in funds
38-6 authorized by or collected under this subchapter and deposited in
38-7 the low-level radioactive waste fund.
38-8 Sec. 402.272. WASTE DISPOSAL FEES. (a) The board shall
38-9 have collected a waste disposal fee to be paid by each person who
38-10 delivers low-level radioactive waste or NORM waste to the authority
38-11 for disposal.
38-12 (b) The board by rule shall adopt and periodically revise
38-13 waste disposal fees according to a schedule that is based on the
38-14 projected annual volume of low-level radioactive waste or NORM
38-15 waste received, the relative hazard presented by each type of
38-16 low-level radioactive waste or NORM waste that is generated by the
38-17 users of radioactive materials, and the costs identified in Section
38-18 402.273.
38-19 (c) In determining relative hazard, the board shall consider
38-20 the radioactive, physical, and chemical properties of each type of
38-21 low-level radioactive waste or NORM waste.
38-22 SECTION 40. Sections 402.2721(b), (d), (e), (f), (g), and
38-23 (h), Health and Safety Code, are amended to read as follows:
38-24 (b) This fee shall be in an amount that is sufficient to
38-25 allow the authority to recover present and future costs of
38-26 administering, implementing, and planning the activities authorized
38-27 by this chapter before the operation of a disposal site [and to
39-1 reimburse the general revenue fund for expenses incurred and paid
39-2 by the authority in selecting, characterizing, and licensing a
39-3 disposal site].
39-4 (d) Fees established under this section shall:
39-5 (1) [include minimum and maximum annual fees in an
39-6 amount of at least $5 million for the 1992-1993 biennium to pay for
39-7 the estimated costs of administering, implementing, and planning
39-8 the activities authorized by this chapter and shall include at
39-9 least $5 million to reimburse the general revenue fund for
39-10 appropriations expended and incurred by the authority in selecting,
39-11 characterizing, and licensing a disposal site;]
39-12 [(2)] take into account, the projected annual volume
39-13 and the relative hazard presented by each type of low-level
39-14 radioactive waste generated;
39-15 (2) [(3)] be collected by the authority [department as
39-16 provided by Subchapter H, Chapter 401];
39-17 (3) [(4)] be deposited in the state treasury to the
39-18 credit of the low-level radioactive waste fund[, except that at
39-19 least $10 million assessed and collected in the 1992-1993 biennium
39-20 to reimburse the general revenue fund for expenses incurred prior
39-21 to September 1, 1991, shall be deposited in the state treasury to
39-22 the credit of the general revenue fund];
39-23 (4) [(5)] be paid [in four quarterly equal
39-24 installments beginning on January 1, 1992, and] annually
39-25 [thereafter]; and
39-26 (5) [(6)] expire on the date the authority begins
39-27 operation of a disposal facility.
40-1 (e) For each [the 1996-1997] biennium [and subsequent
40-2 bienniums], the board shall assess a surcharge of 10 percent of the
40-3 fee established for the biennium.
40-4 (f) [For the 1994-1995 biennium only, the board shall assess
40-5 a surcharge of 10 percent of the fee established for the 1992-1993
40-6 biennium.]
40-7 [(g)] Surcharges assessed under Subsection [Subsections] (e)
40-8 [and (f)] shall be used to fund local public projects under
40-9 Subchapter I.
40-10 (g) [(h)] In determining relative hazard, the board shall
40-11 consider the radioactive, physical, and chemical properties of each
40-12 type of low-level radioactive waste.
40-13 SECTION 41. Sections 402.274 and 402.275, Health and Safety
40-14 Code, are amended to read as follows:
40-15 Sec. 402.274. PROCESSING AND PACKAGING FEES. The board by
40-16 rule shall adopt and periodically revise processing and packaging
40-17 fees according to a schedule that is based on the volume of
40-18 improperly processed or packaged low-level radioactive waste
40-19 delivered for disposal and on the cost to the authority for
40-20 properly processing and packaging the low-level radioactive waste
40-21 in compliance with federal and state standards.
40-22 Sec. 402.275. LOW-LEVEL RADIOACTIVE WASTE FUND. (a) The
40-23 low-level radioactive waste fund is in the state treasury.
40-24 (b) The fund is an interest-bearing fund. Interest earned on
40-25 money in the fund shall be deposited to the credit of the fund.
40-26 (c) Money received by the authority, including waste
40-27 disposal fees, planning and implementation fees, surcharges on
41-1 planning and implementation fees, processing and packaging fees,
41-2 civil penalties, payments to the State of Texas under Public Law
41-3 99-240, and other receipts collected by the authority under this
41-4 chapter shall be deposited to the credit of the low-level
41-5 radioactive waste fund.
41-6 (d) Except as provided by Subsection (f), money in the
41-7 low-level radioactive waste fund may be used to pay:
41-8 (1) operating and maintenance costs of the authority;
41-9 (2) future costs of decommissioning, closing, and
41-10 postclosure maintenance and surveillance of the disposal site;
41-11 (3) licensing fees and to provide security required by
41-12 the commission;
41-13 (4) money judgments rendered against the authority
41-14 that are directed by a court of this state to be paid from this
41-15 fund;
41-16 (5) expenses associated with implementation of the
41-17 rangeland and wildlife management plan;
41-18 (6) funds for local public projects under Subchapter
41-19 I;
41-20 (7) debt service and necessary fees and charges,
41-21 including insurance premiums and similar costs, associated with the
41-22 issuance and payment of bonds under Subchapter K; and
41-23 (8) expenses for any other purpose under this chapter.
41-24 (e) A payment for debt service and related costs under
41-25 Subsection (d)(7) has priority for payment from the low-level
41-26 radioactive waste fund over a payment for another expense
41-27 authorized by Subsection (d).
42-1 (f) Payments to this state under Public Law 99-240 may be
42-2 used only for the purposes stated in the federal law.
42-3 (g) The authority may transfer money from the low-level
42-4 radioactive waste fund to the radiation and perpetual care fund to
42-5 make payments required by the commission under Section 401.303.
42-6 SECTION 42. Section 402.291(b), Health and Safety Code, is
42-7 amended to read as follows:
42-8 (b) The bonds may not be a debt or pledge of the faith and
42-9 credit of the state, the authority, or a public entity, but shall
42-10 be payable from receipts collected by the authority and credited to
42-11 the low-level radioactive waste fund and pledged to the payment of
42-12 the bonds authorized under this subchapter.
42-13 SECTION 43. Sections 401.053, 401.061, 401.108, 401.153, and
42-14 401.306, Health and Safety Code, are repealed.
42-15 SECTION 44. (a) Section 401.305(b), Health and Safety Code,
42-16 as amended by this Act, applies only to the deposit of an
42-17 administrative penalty collected under Sections 401.384-401.390,
42-18 Health and Safety Code, on or after the effective date of this Act.
42-19 An administrative penalty collected under Sections 401.384-401.390,
42-20 Health and Safety Code, before the effective date of this Act shall
42-21 be deposited as provided by the law as it existed immediately
42-22 before the effective date of this Act, and that law is continued in
42-23 effect for that purpose.
42-24 (b) Section 401.393, Health and Safety Code, as added by
42-25 this Act, applies only to a violation committed on or after the
42-26 effective date of this Act. For purposes of this section, a
42-27 violation is committed before the effective date of this Act if any
43-1 element of the violation occurs before that date.
43-2 SECTION 45. The importance of this legislation and the
43-3 crowded condition of the calendars in both houses create an
43-4 emergency and an imperative public necessity that the
43-5 constitutional rule requiring bills to be read on three several
43-6 days in each house be suspended, and this rule is hereby suspended,
43-7 and that this Act take effect and be in force from and after its
43-8 passage, and it is so enacted.