By Gallego H.B. No. 674
76R1940 JJT-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Texas Low-Level Radioactive Waste Disposal
1-3 Authority, the disposal of low-level radioactive waste, and the
1-4 site for that disposal.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 402.003(1) and (2), Health and Safety
1-7 Code, are amended to read as follows:
1-8 (1) "Authority" means the Texas Low-Level Radioactive
1-9 Waste Disposal Authority or a person with whom the authority has
1-10 contracted to:
1-11 (A) act on the authority's behalf; or
1-12 (B) perform any obligation or duty of the
1-13 authority under this chapter.
1-14 (2) "Board" means the board of directors of the Texas
1-15 Low-Level Radioactive Waste Disposal Authority [authority].
1-16 SECTION 2. Section 402.024, Health and Safety Code, is
1-17 amended to read as follows:
1-18 Sec. 402.024. EXECUTIVE DIRECTOR [GENERAL MANAGER]. (a)
1-19 The board shall employ an executive director [a general manager] to
1-20 be the chief administrative officer of the authority. The board
1-21 may delegate to the executive director [general manager] the
1-22 authority to manage and operate the affairs of the authority
1-23 subject only to orders of the board.
1-24 (b) The executive director [general manager] shall execute a
2-1 bond in an amount determined by the board, payable to the
2-2 authority, and conditioned on the faithful performance of the
2-3 executive director's [general manager's] duties. The authority
2-4 shall pay for the bond.
2-5 (c) The executive director [general manager] is entitled to
2-6 compensation as provided by the authority's budget.
2-7 SECTION 3. Section 402.025(a), Health and Safety Code, is
2-8 amended to read as follows:
2-9 (a) The executive director [general manager] may employ
2-10 persons necessary for the proper handling of the business and
2-11 operation of the authority.
2-12 SECTION 4. Section 402.029, Health and Safety Code, is
2-13 amended to read as follows:
2-14 Sec. 402.029. SUITS. (a) The authority, through the board,
2-15 may sue and be sued in the name of the authority in any court of
2-16 this state, except as to matters pertaining to the site selection
2-17 and licensing of a disposal facility [within the geographical area
2-18 of Hudspeth County, Texas, described in Section 402.0921], which
2-19 suits may only be brought in the courts of Travis County, Texas.
2-20 (b) In a suit against the authority, citation may be served
2-21 on the executive director [general manager].
2-22 (c) Any judgment, injunction, declaration, or writ issued
2-23 against the authority by a Texas court other than the supreme court
2-24 of Texas that is related to the site selection or licensing of a
2-25 disposal facility [within the geographical area of Hudspeth County,
2-26 Texas, described in Section 402.0921] shall be automatically
2-27 suspended upon the filing by the authority of a notice of appeal or
3-1 other submission to a higher court challenging the judgment,
3-2 injunction, declaration, or writ. No Texas court other than the
3-3 Texas supreme court shall have any power to decline or otherwise
3-4 affect the automatic suspension pending appeal in such case
3-5 [related to Hudspeth County, Texas].
3-6 SECTION 5. Section 402.052, Health and Safety Code, is
3-7 amended to read as follows:
3-8 Sec. 402.052. DEVELOPMENT AND OPERATION OF DISPOSAL SITE.
3-9 To discharge the responsibilities of the host state under the Texas
3-10 Low-Level Radioactive Waste Disposal Compact, the [The] authority
3-11 shall contract with a private person to develop, maintain, and
3-12 operate one disposal site for the disposal of low-level waste in
3-13 this state.
3-14 SECTION 6. Subchapter C, Chapter 402, Health and Safety
3-15 Code, is amended by adding Section 402.0525 to read as follows:
3-16 Sec. 402.0525. TRANSFER OF TITLE TO SITE. At the time the
3-17 commission issues a license for the disposal of low-level waste at
3-18 the site and in accordance with Section 401.209, the commission
3-19 shall take title to the disposal site and those facilities at the
3-20 site that are required for the disposal of low-level waste under
3-21 the Texas Low-Level Radioactive Waste Disposal Compact.
3-22 SECTION 7. Section 402.059(a), Health and Safety Code, is
3-23 amended to read as follows:
3-24 (a) The authority, its employees, contractors, and agents
3-25 may enter public or private property to assess the suitability of
3-26 land for a disposal site [in Hudspeth County, Texas].
3-27 SECTION 8. Section 402.152, Health and Safety Code, is
4-1 amended to read as follows:
4-2 Sec. 402.152. APPLICATIONS FOR LICENSES AND AUTHORIZATIONS.
4-3 (a) [The authority shall submit to each federal and state agency
4-4 from which it must obtain licenses and other types of authorization
4-5 to construct and operate a disposal site the necessary applications
4-6 and information to obtain those licenses and authorizations.]
4-7 [(b)] Notwithstanding any other law or other provision of
4-8 this chapter, the person with whom the authority has contracted
4-9 under Section 402.052 shall submit to the appropriate state and
4-10 federal agencies an application to construct and operate the [a]
4-11 disposal site [located within the geographical area described in
4-12 Section 402.0921].
4-13 (b) [(c) The authority shall maintain such field offices and
4-14 conduct such studies and activities as necessary to provide
4-15 information required to support the license application for a
4-16 disposal site located within the geographical area described in
4-17 Section 402.0921.]
4-18 [(d)] The commission shall complete its review of the
4-19 completeness and administrative sufficiency of the application
4-20 within 30 days of receipt of the application from the person with
4-21 whom the authority has contracted under Section 402.052. The
4-22 authority shall promptly respond to the commission's requests for
4-23 additional documentation or other information in order for the
4-24 commission to complete its sufficiency review of the application.
4-25 If the commission does not inform the authority within 45 days of
4-26 receipt of the application that the application is administratively
4-27 sufficient, the application is presumed to be administratively
5-1 sufficient.
5-2 (c) [(e)] The commission shall:
5-3 (1) complete all activities associated with the review
5-4 and processing of an application, including the publication of an
5-5 environmental assessment, if required, but excluding public
5-6 hearings, and either propose to issue or deny a license for the
5-7 operation of the site no later than 15 months after the date that
5-8 the application is declared or presumed to be administratively
5-9 sufficient; and
5-10 (2) give priority to the review of the application
5-11 over all other radioactive materials and waste licensing and
5-12 registration matters pending before the commission.
5-13 SECTION 9. Subchapter F, Chapter 402, Health and Safety
5-14 Code, is amended by adding Section 402.1525 to read as follows:
5-15 Sec. 402.1525. NOTICE AND HEARING. On written request of
5-16 any person affected, the commission shall provide notice and an
5-17 opportunity for hearing on an application for a license to operate
5-18 a disposal site under this chapter. The hearing is a contested
5-19 case hearing under Chapter 2001, Government Code. In this section,
5-20 "person affected" has the meaning assigned by Section 401.003.
5-21 SECTION 10. Section 402.213, Health and Safety Code, is
5-22 amended to read as follows:
5-23 Sec. 402.213. CONTRACT AUTHORITY OF BOARD. In contracting
5-24 with a contract operator, the board may:
5-25 (1) select the contract operator before it obtains the
5-26 license for the disposal site so that the board may allow the
5-27 contract operator to advise and consult with the board, executive
6-1 director [general manager], and staff of the authority on the
6-2 design and disposal plans for the site;
6-3 (2) require the contract operator to make all tests,
6-4 keep all records, and prepare all reports required by licenses
6-5 issued for disposal site operations;
6-6 (3) require standards of performance;
6-7 (4) require posting of a bond or other financial
6-8 security by the contract operator to ensure safe operation and
6-9 decommissioning of the disposal site; and
6-10 (5) establish other requirements, including operator
6-11 liability requirements, necessary to assure that the disposal site
6-12 is properly operated and that the public health and safety and the
6-13 environment are protected.
6-14 SECTION 11. Section 402.215(b), Health and Safety Code, is
6-15 amended to read as follows:
6-16 (b) The executive director [general manager] shall employ
6-17 the on-site operator at a disposal site operated by the authority.
6-18 SECTION 12. Sections 402.252(a) and (c), Health and Safety
6-19 Code, are amended to read as follows:
6-20 (a) Each quarter, the authority shall [The board shall
6-21 quarterly] transfer money [in the low-level waste fund generated by
6-22 planning and implementation fee surcharges under Sections
6-23 402.2721(e) and (f), and that portion of waste disposal fees
6-24 identifiable as adopted for the purposes of Sections 402.273(a)(3)
6-25 and (b)] to the commissioners court of the host county in an amount
6-26 determined by the board.
6-27 (c) Money the host county receives [received from the
7-1 low-level waste fund] under this section may be spent only for
7-2 local public projects that are for the use and benefit of the
7-3 public at large. The board shall adopt guidelines for the
7-4 expenditure of money received under this section, and the
7-5 commissioners court shall spend or disburse the money for use
7-6 according to those guidelines.
7-7 SECTION 13. Section 402.271, Health and Safety Code, is
7-8 amended to read as follows:
7-9 Sec. 402.271. AUTHORITY'S EXPENSES. The authority's
7-10 expenses shall be paid from:
7-11 (1) [waste disposal] fees paid to the authority under
7-12 Section 402.272(d);
7-13 (2) [planning and implementation fees;]
7-14 [(3) proceeds from the sale of bonds under Subchapter
7-15 K;]
7-16 [(4) contributions from members of a low-level waste
7-17 compact entered into under Section 402.219(c);]
7-18 [(5)] surcharge rebates made by the United States
7-19 Department of Energy pursuant to Pub. L. No. 99-240; and
7-20 (3) [(6)] appropriations made by the legislature[; and]
7-21 [(7) other receipts, fees, and interest earned in
7-22 funds authorized by or collected under this subchapter and
7-23 deposited in the low-level waste fund].
7-24 SECTION 14. Section 402.272, Health and Safety Code, is
7-25 amended to read as follows:
7-26 Sec. 402.272. WASTE DISPOSAL FEES. (a) The person who
7-27 operates the disposal site under this chapter shall collect [board
8-1 shall have collected] a waste disposal fee to be paid by each
8-2 person who delivers low-level waste to the site [authority] for
8-3 disposal. The person who operates the disposal site shall
8-4 establish waste disposal fees by contracts with persons who
8-5 generate the waste or deliver the waste for disposal.
8-6 (b) If the person who operates the disposal site is not able
8-7 to reach an agreement on a fee contract, the [The] board by rule
8-8 shall adopt and periodically revise waste disposal fees according
8-9 to a schedule that is based on the projected annual volume of
8-10 low-level waste received, the relative hazard presented by each
8-11 type of low-level waste that is generated by the users of
8-12 radioactive materials, and the costs identified in Section 402.273.
8-13 (c) In determining relative hazard, the board shall consider
8-14 the radioactive, physical, and chemical properties of each type of
8-15 low-level waste.
8-16 (d) Each fiscal year, the person who operates the disposal
8-17 site shall pay to the authority the lesser of:
8-18 (1) an amount equal to two percent of the waste
8-19 disposal fees paid to the person under this section in that fiscal
8-20 year; or
8-21 (2) $200,000.
8-22 SECTION 15. Sections 402.275(c)-(g), Health and Safety Code,
8-23 are amended to read as follows:
8-24 (c) Money received by the authority, including payment
8-25 received under Section 402.272(d), money received in the host
8-26 state's low-level waste fund as required by Article V of the Texas
8-27 Low-Level Radioactive Waste Disposal Compact (Section 403.006)
9-1 [waste disposal fees, planning and implementation fees, surcharges
9-2 on planning and implementation fees, processing and packaging
9-3 fees], civil penalties, payments to the State of Texas under Public
9-4 Law 99-240, and other receipts collected by the authority under
9-5 this chapter, shall be deposited to the credit of the low-level
9-6 waste fund.
9-7 (d) Except as provided by Subsection (e) [(f)], money in the
9-8 low-level waste fund may be used to pay:
9-9 (1) operating and maintenance costs of the authority;
9-10 (2) future costs of decommissioning, closing, and
9-11 postclosure maintenance and surveillance of the disposal site;
9-12 (3) licensing fees and to provide security required by
9-13 the commission;
9-14 (4) money judgments rendered against the authority
9-15 that are directed by a court of this state to be paid from this
9-16 fund;
9-17 (5) expenses associated with implementation of the
9-18 rangeland and wildlife management plan;
9-19 (6) funds for local public projects under Subchapter
9-20 I;
9-21 [(7) debt service and necessary fees and charges,
9-22 including insurance premiums and similar costs, associated with the
9-23 issuance and payment of bonds under Subchapter K;] and
9-24 (7) [(8)] expenses for any other purpose under this
9-25 chapter.
9-26 (e) [A payment for debt service and related costs under
9-27 Subsection (d)(7) has priority for payment from the low-level waste
10-1 fund over a payment for another expense authorized by Subsection
10-2 (d).]
10-3 [(f)] Payments to this state under Public Law 99-240 may be
10-4 used only for the purposes stated in the federal law.
10-5 (f) [(g)] The authority may transfer money from the
10-6 low-level waste fund to the radiation and perpetual care fund to
10-7 make payments required by the commission under Section 401.303.
10-8 SECTION 16. (a) Sections 401.203, 402.059(c) and (d),
10-9 402.0921, 402.0922, 402.151, 402.154, 402.2721, and 402.274, Health
10-10 and Safety Code, are repealed.
10-11 (b) Subchapters E, G, and K, Chapter 402, Health and Safety
10-12 Code, are repealed.
10-13 SECTION 17. The General Land Office shall transfer to Sul
10-14 Ross State University any land that was purchased before the
10-15 effective date of this Act for a disposal site to be operated under
10-16 Chapter 402, Health and Safety Code, and for which a person was
10-17 denied a license to dispose of waste under that chapter at a site
10-18 located on that land. The university is liable to any taxing
10-19 entity for property taxes due on the land.
10-20 SECTION 18. The Texas Low-Level Radioactive Waste Disposal
10-21 Authority shall restore any land that was purchased before the
10-22 effective date of this Act for a disposal site to be operated under
10-23 Chapter 402, Health and Safety Code, and for which a person was
10-24 denied a license to dispose of waste under that chapter at a site
10-25 located on that land, to the condition of the land when purchased
10-26 for that purpose.
10-27 SECTION 19. This Act takes effect September 1, 1999.
11-1 SECTION 20. The importance of this legislation and the
11-2 crowded condition of the calendars in both houses create an
11-3 emergency and an imperative public necessity that the
11-4 constitutional rule requiring bills to be read on three several
11-5 days in each house be suspended, and this rule is hereby suspended.