SRC-PNG H.B. 1910 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1910
By: Chisum (Brown)
Natural Resources
5/11/1999
Engrossed


DIGEST 

The Texas Low-Level Radioactive Waste Disposal Authority (authority) was
created by the Texas Legislature in 1981 in response to federal law making
each state responsible for the disposal of its own low-level radioactive
waste.  The authority was commissioned by Texas law to finance, construct,
operate, and decommission, a disposal site for low-level radioactive waste
produced in Texas.  Following state legislative direction, the authority
filed an application to permit a site in Sierra Blanca, Hudspeth County.
This application was denied by the Texas Natural Resource Conservation
Commission (TNRCC) on October 22, 1998, citing inadequate characterization
of the fault referred to in the application and failure to adequately
address the socioeconomic impacts of the proposed facility and associated
transport of radioactive material.  This bill would establish the Texas
Low-Level Radioactive Waste Management Authority and define its role and
authority with respect to methods of low-level radioactive waste management
and disposal. 

PURPOSE

As proposed, H.B. 1910 establishes the Texas Low-Level Radioactive Waste
Management Authority and defines its role and authority with respect to
methods of low-level radioactive waste management and disposal. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the board of directors of the Texas
Low-Level  Radioactive Waste Management Authority in SECTION 10 (Section
402.028, Health and Safety Code) and to the Texas Department of Health in
SECTION 41 (Section 402.1511, Health and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 401F, Health and Safety Code, by adding Section
401.214, as follows: 

Sec.  401.214.  REPORTING LOW-LEVEL RADIOACTIVE WASTE DISPOSAL. Requires
the Texas Department of Health (TDH) to report to the legislature the
location, character and amount of low-level radioactive waste stored or
disposed of in the state, on the request of a member of the legislature.
Requires TDH to post on the Internet information regarding the location,
character, and amount of low-level radioactive waste stored or disposed of
in the state and update the information at least annually.  

SECTION 2. Amends Section 402.001, Health and Safety Code, as follows:

Sec.  402.001.  SHORT TITLE.  Provides that this chapter may be cited as
the Texas LowLevel  Radioactive Waste Management Authority Act, rather than
the Texas Low-Level Radioactive Waste Disposal Authority Act. 

SECTION 3.  Amends Section 402.002, Health and Safety Code, to provide that
the purpose of this chapter is to establish the Texas Low-Level
Radioactive Waste Management Authority (authority), rather than the Texas
Low-Level  Radioactive Waste Disposal Authority with responsibility for
assuring necessary disposal or assured isolation capability for specific
categories of low-level  radioactive waste.  Makes conforming changes. 

SECTION 4. Amends Section 402.003, Health and Safety Code, to define
"assured isolation," "assured isolation site," "compact," "major
amendment," and "party state." Redefines "authority," "operation," and
"host county."  Makes conforming changes. 

SECTION 5. Amends Section 402.011, Health and Safety Code, as follows:

Sec.  402.011.  New heading: TEXAS LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT
AUTHORITY.  Makes a conforming change. 

SECTION 6. Amends Section 402.012, Health and Safety Code, to make a
conforming change. 

SECTION 7. Amends Section 402.013(c), Health and Safety Code, to make a
conforming change. 

SECTION 8. Amends Section 402.020, Health and Safety Code, to make a
conforming and a nonsubstantive change. 

SECTION 9. Amends Section 402.021(b), Health and Safety Code, to make a
conforming change. 

SECTION 10. Amends Section 402.028, Health and Safety Code, to authorize
the board of directors of the authority (board) to use the design-build
method for the construction of a disposal or assured isolation site
facility.  Requires the board to follow the procedures authorized by
Section 51.780, Education Code, for institutions of higher learning, in
using that method and entering into a contract for the services of a
design-build firm.  Authorizes the board to use a design-build-operate
method for the construction and operation of a disposal or assured
isolation site facility.  Requires the board, if the board chooses this
option, to follow the procedures authorized by Subsection (b) and requires
the board, by rule, to adopt and require for the facility operator
professional and performance qualifications that are substantially similar
to the requirements for architects and engineers under Section 51.780,
Education Code.  Deletes text providing that this section does not apply to
contracts for professional services.  Makes conforming changes. 

SECTION 11. Amends Sections 402.029(a) and (c), Health and Safety Code, to
make conforming changes. 

SECTION 12.  Amends Sections 402.031(a), (b), (d), and (e), Health and
Safety Code, to make conforming changes. 

SECTION 13. Amends Sections 402.032, Health and Safety Code, to make
conforming changes. 

SECTION 14. Amends Section 402.051, Health and Safety Code, as follows:

Sec.  402.051.  New heading: JURISDICTION OVER DISPOSAL OR ASSURED
ISOLATION SITE.  Makes conforming and nonsubstantive changes. 

SECTION 15. Amends Section 402.052, Health And Safety Code, as follows:

Sec.  402.052.  New heading: DEVELOPMENT AND OPERATION OF DISPOSAL OR
ASSURED ISOLATION SITE.  Prohibits the authority from developing or
operating an assured isolation site unless assured isolation at the site
includes certain safeguards.  Makes conforming changes. 

SECTION 16. Amends Section 402.053, Health and Safety Code, to make a
conforming change. 

SECTION 17. Amends Section 402.058, Health and Safety Code, to make a
conforming change. 

SECTION 18. Amends Section 402.059(a), Health and Safety Code, to authorize
the authority to enter public or private property to assess the suitability
of land for assured isolation of low-level radioactive waste only with the
prior written consent of the landowner, rather than only to enter to
assess the suitability of land for a site in Hudspeth County. 

SECTION 19. Amends Section 402.081, Health and Safety Code, as follows: 

Sec.  402.081.  New heading: SITE SELECTION STUDIES.  Makes conforming
changes. 

SECTION 20. Amends Chapter 402D, Health and Safety Code, by adding Sections
402.0815 and 402.0816, as follows: 

Sec.  402.0815.  LOCATION OF SITE IN COUNTY BORDERING INTERNATIONAL
BOUNDARY PROHIBITED.  Prohibits a low-level radioactive waste disposal or
assured isolation site from being located in a county adjacent to an
international boundary. 

Sec.  402.0816.  LOCATION OF SITE IN AREAS OF CERTAIN AMOUNT OF ANNUAL
RAINFALL PROHIBITED.  Prohibits a low-level radioactive waste disposal or
assured isolation site from being located in an area in which the average
annual rainfall is greater than 26 inches. 

SECTION 21.  Amends Section 402.082, Health and Safety Code, to require
studies required under Section 402.081 regarding assured isolation to
consider certain factors.  Makes conforming changes. 

SECTION 22. Amends Section 402.083, Health and Safety Code, to require the
authority to give preference to certain counties in choosing a site for
further analysis.  Prohibits the authority from choosing a site within
certain counties in choosing a site for further analysis.  Provides that a
person is eligible to vote in a nonbinding referendum only if the person
was eligible to vote in the most recent gubernatorial election in the
county in which the nonbinding referendum is to be held. Authorizes a
county to hold and requires a county to pay for a nonbinding referendum
held as described by Subsection (b)(1).  Sets forth the required language
for the ballot.  Requires the nonbinding referendum to be conducted as
provided by the election Code, except that Section 41.001(a), Election Code
does not apply.  Defines "nonbinding referendum." 

SECTION 23.  Amends Section 402.084, Health and Safety Code, as follows:

Sec.  402.084.  New heading: EVALUATION OF POTENTIAL SITE.  Makes
conforming and nonsubstantive changes. 

SECTION 24.  Amends Section 402.085, Health and Safety Code, to make
conforming and nonsubstantive changes. 

SECTION 25. Amends Section 402.086(a), Health and Safety Code, to make
conforming and nonsubstantive changes. 

SECTION 26. Amends Sections 402.087(a) and (c), Health and Safety Code, to
make conforming and nonsubstantive changes. 

SECTION 27. Amends Section 402.088(b), Health and Safety Code, to make
conforming and nonsubstantive changes. 

SECTION 28. Amends Section 402.089, Health and Safety Code, to make
conforming and nonsubstantive changes. 

SECTION 29. Amends Section 402.090, Health and Safety Code, to make
conforming and nonsubstantive changes. 

SECTION 30. Amends Section 402.091, Health and Safety Code, to make
conforming and nonsubstantive changes. 

SECTION 31. Amends Section 402.092, Health and Safety Code, to make
conforming and nonsubstantive changes. 
 
SECTION 32. Amends Section 402.0922, Health and Safety Code, to make
conforming and nonsubstantive changes. 

SECTION 33. Amends Section 402.094, Health and Safety Code, to make
conforming and nonsubstantive changes. 

SECTION 34. Amends Section 402.122, Health and Safety Code, to make
conforming and nonsubstantive changes. 

SECTION 35. Amends Section 402.123, Health and Safety Code, to authorize
the authority to enter onto certain land to conduct any studies of the
proposed site required by TNRCC or TDH rule, rather than to enter to
conduct a detailed technical characterization of the proposed disposal
site.  Makes conforming and nonsubstantive changes. 

SECTION 36. Amends Section 402.124(b), Health and Safety Code, to make
conforming and nonsubstantive changes. 

SECTION 37. Amends Section 402.125(b), Health and Safety Code, to make
conforming and nonsubstantive changes. 

SECTION 38. Amends Section 402.126, Health and Safety Code, to require the
authority to lease from the School Land Board on its terms and conditions
the land determined by the School Land Board as necessary to serve as a
rangeland and wildlife management area, rather than a buffer, for the
disposal or assured isolation site.  Makes conforming and nonsubstantive
changes. 

SECTION 39. Amends Section 402.128, Health and Safety Code, to prohibit TDH
from lessening any standards for the siting, construction, or operation of
a disposal or assured isolation site because the site is on state-owned
land. 

SECTION 40. Amends Section 402.151, Health and Safety Code, to make
conforming and nonsubstantive changes. 

SECTION 41. Amends Section 402.1511, Health and Safety Code, as follows:

Sec.  402.1511.  New heading: COMMISSION OR DEPARTMENT LICENSE.  Provides
that TDH has the sole authority to issue a license to operate an assured
isolation site under this chapter.  Authorizes TDH to adopt any rules
reasonably necessary to exercise its authority under this section. Makes
conforming changes. 

SECTION 42. Amends Section 402.152, Health and Safety Code, to require TDH
or TNRCC, as appropriate, to complete its review of the completeness and
administrative sufficiency of the application within 60 days, rather than
30 days, of receipt of the application from the authority. Requires TDH to
give notice and provide an opportunity for a public hearing in the manner
provided by the agency's formal hearing procedure before TDH or TNRCC
grants, renews, or makes a major amendment to a license for low-level
radioactive waste.  Makes conforming and nonsubstantive changes. 

SECTION 43. Amends Section 402.154, Health and Safety Code, to authorize
underground disposal to be considered for the management of low-level
radioactive waste received from the compact states only if assured
isolation is not found to be feasible.  Makes conforming and nonsubstantive
changes. 

SECTION 44. Amends Section 402.155, Health and Safety Code, to make
conforming and nonsubstantive changes. 

SECTION 45. Amends Section 402.181, Health and Safety Code, as follows:

Sec.  402.181.  New heading: DISPOSAL OR ASSURED ISOLATION SITE
CONSTRUCTION.  Prohibits the authority from beginning construction of any
part of work associated with a low-level radioactive waste disposal
facility or assured isolation facility  before the state has acquired
ownership of the land for the facility.  Provides that this subsection does
not prohibit the authority from performing site characterizations on land
not yet acquired by the state.  Makes conforming and nonsubstantive
changes. 

SECTION 46. Amends Section 402.182, Health and Safety Code, to make
conforming and nonsubstantive changes. 

SECTION 47. Amends Sections 402.183(a) and (b), Health and Safety Code, to
make conforming and nonsubstantive changes. 

SECTION 48. Amends Section 402.211, Health and Safety Code, as follows:

Sec.  402.211.  New heading: MANAGEMENT AND OPERATION OF DISPOSAL OR
ASSURED ISOLATION SITE.  Makes conforming and nonsubstantive changes. 

SECTION 49. Amends Section 402.212, Health and Safety Code, as follows:

Sec.  402.212.  New heading: CONTRACT FOR OPERATION OF DISPOSAL OR ASSURED
ISOLATION SITE.  Makes conforming and nonsubstantive changes. 

SECTION 50. Amends Section 402.213, Health and Safety Code, to make
conforming and nonsubstantive changes. 

SECTION 51. Amends Section 402.214, Health and Safety Code, to make
conforming and nonsubstantive changes. 

SECTION 52. Amends Section 402.215, Health and Safety Code, to make
conforming and nonsubstantive changes. 

SECTION 53. Amends Section 402.216, Health and Safety Code, as follows:

Sec.  402.216.  RULES RELATING TO DISPOSAL OR ASSURED ISOLATION SITE. Makes
conforming and nonsubstantive changes. 

SECTION 54. Amends Section 402.217, Health and Safety Code, as follows:

Sec.  402.217.  New heading: SITE ACTIVITIES.  Makes conforming and
nonsubstantive changes. 

SECTION 55. Amends Section 402.218, Health and Safety Code, to provide that
on acceptance by the disposal or assured isolation site, title and
liability for the low-level radioactive waste transfers to the authority.
Makes conforming and nonsubstantive changes. 

SECTION 56. Amends Section 402.219, Health and Safety Code, to authorize
neither the board of the authority nor the contract operator to accept from
a state other than Texas, Maine, or Vermont any low-level radioactive waste
for disposal or assured isolation at a compact facility unless certain
conditions are met.  Provides that the total volume of low-level
radioactive waste authorized to be accepted from other states other than
Texas, Maine, and Vermont by Subsection (f)(2) is in addition to the amount
authorized by and established under Section 3.04(11) of the compact.
Authorizes an affected person to bring suit in district court in Travis
County or in the county in which the site is located for a declaratory
judgment or for injunctive or other equitable relief to enforce Subsection
(f)(2).  Provides that a successful plaintiff is entitled to court costs
and reasonable attorney's fees. 
Makes conforming and nonsubstantive changes.

SECTION 57. Amends Sections 402.220(a), (c), and (d), Health and Safety
Code, to make conforming and nonsubstantive changes. 

SECTION 58. Amends Section 402.221(b), Health and Safety Code, to make
conforming and nonsubstantive changes. 
 
SECTION 59. Amends Section 402.222, Health and Safety Code, to make
conforming and nonsubstantive changes. 

SECTION 60. Amends Section 402.223, Health and Safety Code, to make
conforming and nonsubstantive changes. 

SECTION 61. Amends Section 402.224(a), Health and Safety Code, to make
conforming and nonsubstantive changes. 

SECTION 62. Amends Section 402.225, Health and Safety Code, to make
conforming and nonsubstantive changes. 

SECTION 63. Amends Section 402.226(a), Health and Safety Code, to make
conforming and nonsubstantive changes. 

SECTION 64. Amends Section 402.228, Health and Safety Code, to make
conforming and nonsubstantive changes. 

SECTION 65. Amends Chapter 402H, Health and Safety Code, by adding Section
402.229, as follows: 

Sec.  402.229.  STATE LIABILITY FOR PRIVATE SITE; CONTRACT REQUIREMENTS.
Provides that the acceptance or storage of low-level waste at a site owned
or operated by a private entity does not create any liability under state
law on the part of the state or any agency or officer of the state for
damages, removal, or remedial action with respect to the land, facility, or
the accepted or stored waste.  Requires a provision requiring the private
entity to insure, hold harmless, or indemnify the state for any liability
imposed on the state by state or federal law to be included in certain
contracts, licenses, and permits. 

SECTION 66. Amends Section 402.252(a), Health and Safety Code, to make
conforming and nonsubstantive changes. 

SECTION 67. Amends Section 402.271, Health and Safety Code, to make
conforming changes. 

SECTION 68. Amends Section 402.272, Health and Safety Code, as follows:

Sec.  402.272.  New heading: WASTE ACCEPTANCE FEES.  Makes conforming and
nonsubstantive changes. 

SECTION 69. Amends Section 402.2721, Health and Safety Code, by amending
Subsections (b)-(g) and adding Subsection (i), as follows: 

(b) - (c) Makes conforming and nonsubstantive changes.

(d) Deletes the requirement that fees established under this section
include minimum and maximum fees in a certain amount to pay for the costs
of administering, implementing, and planning authorized activities.  Makes
conforming and nonsubstantive changes. 

(e) Prohibits the fees assessed under this section from being assessed
prior to a certain time, in a certain amount, or from being collected at a
certain time. 

(f) Deletes the requirement that the board assess, for the 1994-95 biennium
only, a surcharge of 10 percent of the fee established for the 1992-93
biennium.  Makes a nonsubstantive change. 

(g) Requires surcharges assessed under Subsection (f), rather than
Subsections (e) and (f), to be used to fund local public projects under
Subchapter I. 
(i) Requires the balance of the low-level waste fund attributable to
planning and  implementation fees to be transferred to a separate account
in the fund and credited pro rata to generators who have paid planning and
implementation fees, on termination of the imposition of fees under
Subsection (d)(5).  Requires certain generators to receive a credit equal
to the amount of the generator's pro rata share in the account established
under this section against waste acceptance fees the generator is required
to pay under Section 402.272 until the balance of the generator's pro rata
share in the account is exhausted.  Provides that a generator who on the
date the imposition of the fees is terminated owes planning and
implementation fees is not eligible for the credit. 

SECTION 70. Amends Section 402.273, Health and Safety Code, as follows:

Sec.  402.273.  New heading: WASTE ACCEPTANCE FEE CRITERIA.  Makes
conforming and nonsubstantive changes.  

SECTION 71. Amends Section 402.274, Health and Safety Code, to make
conforming changes. 

SECTION 72. Amends Section 402.275, Health and Safety Code, by amending
Subsections (c), (d), and (f) and adding Subsections (h) and (i), as
follows: 

(c) Includes payments made by a party under Section 5.01, Health and Safety
Code, of the compact among those monies that the authority is required to
deposit to the credit of the lowlevel waste fund.  Makes a conforming
change. 

(d) Makes conforming changes.

(f) Authorizes payments made by a party state under Section 5.01, Health
and Safety Code, to be used only as provided by Subsection (h) or Section
402.277, Health and Safety Code. 

(h) Requires the comptroller of public accounts (comptroller), upon receipt
of a payment made by a party state, to transfer the payment to the
low-level radioactive waste perpetual care fund. 

(i) Requires the comptroller, notwithstanding the transfer required by
Subsection (h), to retain in the low-level waste fund the first $25 million
received from payments by party states under Section 5.01 of the compact.
Authorizes this money to be appropriated for the construction by the
authority of a disposal or assured isolation site. 

SECTION 73. Amends Chapter 402J, Health and Safety Code, by adding Section
402.277, as follows: 

Sec.  402.277.  LOW-LEVEL RADIOACTIVE WASTE PERPETUAL CARE FUND.  (a)
Provides that the low-level radioactive waste perpetual care fund (fund) is
a special account in the treasury outside the general revenue fund.   

(b) Sets forth the payments and deposits which constitute the fund. 

(c) Requires interest earned on money in the fund to be credited to the
fund. 

(d) Authorizes the money in the fund to be appropriated only for the
long-term care and maintenance of a state-owned facility for the disposal
or assured isolation of low-level radioactive waste.   

(e) Authorizes interest on money in the fund to be used for normal
operating expenses of the authority as appropriated by the legislature.
Prohibits the principal in the fund to be used for normal operating
expenses of the authority, TNRCC, or TDH. 

SECTION 74. Amends Sections 402.291(a) and (d), Health and Safety Code, to
make conforming and nonsubstantive changes. 

 SECTION 75. Amends Section 403.001(a), Health and Safety Code, to require
one of the voting members of the compact commission be a legal resident of
the host county, rather than of Hudspeth County. 

SECTION 76. Repealers: Section 402.059(d), Health and Safety Code
(regarding the power to enter property as it applies to property located in
whole or in part in the area of Hudspeth County); Section 402.0921, Health
and Safety Code (Site Area); Section 402.121 (Preference to School or
University Land); Section 402.127, Health and Safety Code (Finding by Board
of Regents Before Sale or Lease); and Section 402.129, Health and Safety
Code (Report to Governor and Legislature on Siting). 

SECTION 77. Requires the General Land Office to transfer to Sul Ross State
University any land that was purchased before the effective date of this
Act for a disposal site and for which a person was denied a license to
dispose of waste at a site located on that land.  Provides that the
university is liable to any taxing entity for property taxes due on the
land. 

SECTION 78. Effective date: September 1, 1999.

SECTION 79. Emergency clause.