By Chisum H.B. No. 1172
76R9957 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the definition of low-level radioactive waste.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 401.003(8), (16), and (19), Health and
1-5 Safety Code, are amended to read as follows:
1-6 (8) "Disposal" means, with regard to low-level
1-7 radioactive waste, isolation or removal of low-level radioactive
1-8 waste from mankind and mankind's environment without intent to
1-9 retrieve that low-level radioactive waste later. The term does not
1-10 include emissions and discharges under department rules.
1-11 (16) "Processing" means the storage, extraction of
1-12 material, transfer, volume reduction, compaction, or other
1-13 separation and preparation of low-level radioactive waste for reuse
1-14 or disposal, including a treatment or activity that renders the
1-15 waste less hazardous, safer for transport, or amenable to recovery,
1-16 storage, or disposal.
1-17 (19) "Radioactive substance" includes:
1-18 (A) by-product material;
1-19 (B) naturally occurring radioactive material
1-20 waste, excluding oil and gas NORM waste;
1-21 (C) radioactive material;
1-22 (D) low-level radioactive waste;
1-23 (E) source material;
1-24 (F) source of radiation; and
2-1 (G) special nuclear material.
2-2 SECTION 2. Subchapter A, Chapter 401, Health and Safety
2-3 Code, is amended by adding Sections 401.004 and 401.005 to read as
2-4 follows:
2-5 Sec. 401.004. LOW-LEVEL RADIOACTIVE WASTE DEFINED. (a)
2-6 Except as provided by Subsection (b), "low-level radioactive waste"
2-7 means radioactive material that:
2-8 (1) is discarded or unwanted and is not exempt by
2-9 board rule adopted under Section 401.106;
2-10 (2) is waste, as that term is defined by 10 C.F.R.
2-11 Section 61.2; and
2-12 (3) is subject to:
2-13 (A) concentration limits established under 10
2-14 C.F.R. Section 61.55, or compatible rules established by the
2-15 department or commission, as applicable; and
2-16 (B) disposal criteria established under Title
2-17 10, Code of Federal Regulations, or established by the department
2-18 or commission, as applicable.
2-19 (b) "Low-level radioactive waste" does not include:
2-20 (1) high-level radioactive waste as defined by 10
2-21 C.F.R. Section 60.2;
2-22 (2) spent nuclear fuel as defined by 10 C.F.R. Section
2-23 72.3;
2-24 (3) by-product material described by Section
2-25 401.003(3)(B);
2-26 (4) naturally occurring radioactive material waste
2-27 that is not oil and gas NORM waste; or
3-1 (5) oil and gas NORM waste.
3-2 Sec. 401.005. CODE OF FEDERAL REGULATIONS REFERENCES. A
3-3 reference in this chapter to the "C.F.R." or the "Code of Federal
3-4 Regulations" means the Code of Federal Regulations as it existed on
3-5 September 1, 1999.
3-6 SECTION 3. Sections 401.052(b), (d), and (e), Health and
3-7 Safety Code, are amended to read as follows:
3-8 (b) Rules adopted under this section for low-level
3-9 radioactive waste shall:
3-10 (1) to the extent practicable, be compatible with
3-11 United States Department of Transportation and United States
3-12 Nuclear Regulatory Commission regulations relating to the
3-13 transportation of low-level radioactive waste;
3-14 (2) require each shipper and transporter of low-level
3-15 radioactive waste to adopt an emergency plan approved by the
3-16 department for responding to transportation accidents;
3-17 (3) require the notification and reporting of
3-18 accidents to the department and to local emergency planning
3-19 committees in the county where the accident occurs;
3-20 (4) require each shipper to adopt a quality control
3-21 program approved by the department to verify that shipping
3-22 containers are suitable for shipment to a licensed disposal
3-23 facility; and
3-24 (5) assess a fee on shippers for shipments to a Texas
3-25 low-level radioactive waste disposal facility of low-level
3-26 radioactive waste originating in Texas or out-of-state.
3-27 (d)(1) Fees assessed under this section shall:
4-1 (A) not exceed $10 per cubic foot of shipped
4-2 low-level radioactive waste;
4-3 (B) be collected by the authority and deposited
4-4 to the credit of the radiation and perpetual care fund; and
4-5 (C) be used exclusively by the department for
4-6 emergency planning for and response to transportation accidents
4-7 involving low-level radioactive waste.
4-8 (2) Fee assessments under this section shall be
4-9 suspended when the amount of fees collected reaches $500,000,
4-10 except that if the balance of fees collected is reduced to $350,000
4-11 or less, the assessments shall be reinstituted to bring the balance
4-12 of fees collected to $500,000.
4-13 (e) Money expended from the radiation and perpetual care
4-14 fund to respond to accidents involving low-level radioactive waste
4-15 must be reimbursed to the radiation and perpetual care fund by the
4-16 responsible shipper or transporter according to rules adopted by
4-17 the board.
4-18 SECTION 4. Sections 401.053 and 401.061, Health and Safety
4-19 Code, are amended to read as follows:
4-20 Sec. 401.053. CLASSIFICATION SYSTEM FOR LOW-LEVEL
4-21 RADIOACTIVE WASTE. The department may establish a classification
4-22 system for low-level radioactive waste that is based on
4-23 radiological, chemical, and biological characteristics and on
4-24 physical state so that low-level radioactive waste can be managed
4-25 safely and compatibly.
4-26 Sec. 401.061. LOW-LEVEL RADIOACTIVE WASTE STUDIES. The
4-27 department and commission each within its jurisdiction shall
5-1 conduct studies of the need for low-level radioactive waste
5-2 processing and disposal facilities and technologies as the agency
5-3 considers necessary for minimizing the risks to the public and the
5-4 environment from low-level radioactive waste management.
5-5 SECTION 5. Section 401.111(a), Health and Safety Code, is
5-6 amended to read as follows:
5-7 (a) The board and commission each, in adopting rules for the
5-8 issuance of licenses under their respective jurisdictions for new
5-9 sites for processing or disposal of low-level radioactive waste
5-10 from other persons, shall adopt criteria for the designation of
5-11 unsuitable sites, including:
5-12 (1) flood hazard areas;
5-13 (2) areas with characteristics of discharge from or
5-14 recharge of a groundwater aquifer system; or
5-15 (3) areas in which soil conditions make spill cleanup
5-16 impracticable.
5-17 SECTION 6. Section 401.112, Health and Safety Code, is
5-18 amended to read as follows:
5-19 Sec. 401.112. LOW-LEVEL RADIOACTIVE WASTE PROCESSING OR
5-20 DISPOSAL LICENSE APPLICATION AND CONSIDERATIONS. (a) The
5-21 department or commission, within its jurisdiction, in making a
5-22 licensing decision on a specific license application to process or
5-23 dispose of low-level radioactive waste from other persons, shall
5-24 consider:
5-25 (1) site suitability, geological, hydrological, and
5-26 meteorological factors, and natural hazards;
5-27 (2) compatibility with present uses of land near the
6-1 site;
6-2 (3) socioeconomic effects on surrounding communities
6-3 of operation of the licensed activity and of associated
6-4 transportation of low-level radioactive waste [material];
6-5 (4) the need for and alternatives to the proposed
6-6 activity, including an alternative siting analysis prepared by the
6-7 applicant;
6-8 (5) the applicant's qualifications, including
6-9 financial, technical, and past operating practices;
6-10 (6) background monitoring plans for the proposed site;
6-11 (7) suitability of facilities associated with the
6-12 proposed activities;
6-13 (8) chemical, radiological, and biological
6-14 characteristics of the low-level radioactive waste and waste
6-15 classification under Section 401.053;
6-16 (9) adequate insurance of the applicant to cover
6-17 potential injury to any property or person, including potential
6-18 injury from risks relating to transportation;
6-19 (10) training programs for the applicant's employees;
6-20 (11) a monitoring, record-keeping, and reporting
6-21 program;
6-22 (12) spill detection and cleanup plans for the
6-23 licensed site and related to associated transportation of low-level
6-24 radioactive waste [material];
6-25 (13) decommissioning and postclosure care plans;
6-26 (14) security plans;
6-27 (15) worker monitoring and protection plans;
7-1 (16) emergency plans; and
7-2 (17) a monitoring program for applicants that includes
7-3 prelicense and postlicense monitoring of background radioactive and
7-4 chemical characteristics of the soils, groundwater, and vegetation.
7-5 (b) An applicant for the specific license must submit with
7-6 the application information necessary for the issuing agency to
7-7 consider the factors under Subsection (a).
7-8 (c) The board and commission each within its jurisdiction by
7-9 rule shall provide specific criteria for the different types of
7-10 licensed low-level radioactive waste activities for the listed
7-11 factors and may include additional factors and criteria that the
7-12 board or commission, as appropriate, determines necessary for full
7-13 consideration of a license.
7-14 SECTION 7. Section 401.113(c), Health and Safety Code, is
7-15 amended to read as follows:
7-16 (c) The analysis must include:
7-17 (1) an assessment of radiological and nonradiological
7-18 effects of the activity on the public health;
7-19 (2) an assessment of any effect on a waterway or
7-20 groundwater resulting from the activity;
7-21 (3) consideration of alternatives to the activities to
7-22 be conducted under the license; and
7-23 (4) consideration of the long-term effects associated
7-24 with activities, including decommissioning, decontamination, and
7-25 reclamation impacts, including the management of low-level
7-26 radioactive waste, to be conducted under the license.
7-27 SECTION 8. Section 401.114(a), Health and Safety Code, is
8-1 amended to read as follows:
8-2 (a) Before the department or commission, within its
8-3 jurisdiction, grants or renews a license to process or dispose of
8-4 low-level radioactive waste from other persons, the agency shall
8-5 give notice and shall provide an opportunity for a public hearing
8-6 in the manner provided by the agency's formal hearing procedure and
8-7 Chapter 2001, Government Code.
8-8 SECTION 9. Section 401.115, Health and Safety Code, is
8-9 amended to read as follows:
8-10 Sec. 401.115. LICENSES FROM OTHER AGENCIES. A holder of a
8-11 license to operate a facility to process or dispose of low-level
8-12 radioactive waste may not operate the facility until the holder has
8-13 obtained all other required licenses or permits from other
8-14 agencies.
8-15 SECTION 10. Section 401.116(a), Health and Safety Code, is
8-16 amended to read as follows:
8-17 (a) An amendment to a license to process or dispose of
8-18 low-level radioactive waste from other persons may take effect
8-19 immediately.
8-20 SECTION 11. Section 401.117, Health and Safety Code, is
8-21 amended to read as follows:
8-22 Sec. 401.117. CONSTRUCTION LIMITATION. The department or
8-23 commission shall prohibit major construction relating to activities
8-24 to be permitted under a license issued by the agency to process or
8-25 dispose of low-level radioactive waste from other persons until the
8-26 requirements in Sections 401.113 and 401.114 are completed.
8-27 SECTION 12. The heading to Subchapter E, Chapter 401, Health
9-1 and Safety Code, is amended to read as follows:
9-2 SUBCHAPTER E. MANAGEMENT OF LOW-LEVEL RADIOACTIVE WASTE
9-3 SECTION 13. Section 401.151, Health and Safety Code, is
9-4 amended to read as follows:
9-5 Sec. 401.151. COMPATIBILITY WITH FEDERAL STANDARDS. The
9-6 department and commission each shall assure that the management of
9-7 low-level radioactive waste under their respective jurisdictions is
9-8 compatible with applicable federal commission standards.
9-9 SECTION 14. Section 401.152(a), Health and Safety Code, is
9-10 amended to read as follows:
9-11 (a) If the department or commission, under procedures
9-12 provided by Section 401.056, finds that low-level radioactive waste
9-13 under its jurisdiction threatens the public health and safety and
9-14 the environment and that the license holder managing the low-level
9-15 radioactive waste is unable to remove the threat, the agency by
9-16 order may require any action, including a corrective measure, that
9-17 is necessary to remove the threat.
9-18 SECTION 15. Section 401.153(a), Health and Safety Code, is
9-19 amended to read as follows:
9-20 (a) The board by rule may prohibit a licensed low-level
9-21 radioactive waste processor from accepting for processing low-level
9-22 radioactive waste generated outside this state.
9-23 SECTION 16. The heading to Subchapter F, Chapter 401, Health
9-24 and Safety Code, is amended to read as follows:
9-25 SUBCHAPTER F. SPECIAL PROVISIONS CONCERNING LOW-LEVEL
9-26 RADIOACTIVE WASTE DISPOSAL
9-27 SECTION 17. Sections 401.201-401.205, Health and Safety
10-1 Code, are amended to read as follows:
10-2 Sec. 401.201. REGULATION OF LOW-LEVEL RADIOACTIVE WASTE
10-3 DISPOSAL. The commission shall directly regulate the disposal of
10-4 low-level radioactive waste. The person making the disposal shall
10-5 comply with commission rules.
10-6 Sec. 401.202. LICENSING AUTHORITY. The commission or
10-7 department, within its respective jurisdiction, shall grant, deny,
10-8 renew, revoke, suspend, or withdraw licenses for the disposal of
10-9 low-level radioactive waste from other persons and for the
10-10 processing of that waste.
10-11 Sec. 401.203. LICENSE RESTRICTED TO PUBLIC ENTITY. A
10-12 low-level radioactive waste disposal license may be issued only to
10-13 a public entity specifically authorized by law for low-level
10-14 radioactive waste disposal.
10-15 Sec. 401.204. ACQUISITION OF PROPERTY. An application for a
10-16 license to dispose of low-level radioactive waste from other
10-17 persons may not be considered unless the applicant has acquired the
10-18 title to and any interest in land and buildings as required by
10-19 commission rule.
10-20 Sec. 401.205. RESPONSIBILITIES OF PERSONS LICENSED TO
10-21 DISPOSE OF LOW-LEVEL RADIOACTIVE WASTE. A person who is licensed
10-22 to dispose of low-level radioactive waste from other persons shall:
10-23 (1) arrange for and pay the costs of management,
10-24 control, stabilization, and disposal of low-level radioactive waste
10-25 and the decommissioning of the licensed activity;
10-26 (2) convey to the state when the license is issued all
10-27 right, title, and interest in land and buildings acquired under
11-1 commission rules, together with requisite rights of access to that
11-2 property; and
11-3 (3) formally acknowledge before termination of the
11-4 license the conveyance to the state of the right, title, and
11-5 interest in low-level radioactive waste located on the property
11-6 conveyed.
11-7 SECTION 18. Section 401.206(a), Health and Safety Code, is
11-8 amended to read as follows:
11-9 (a) The holder of a license to dispose of low-level
11-10 radioactive waste from other persons shall reimburse the commission
11-11 for the salary and other expenses of a resident inspector employed
11-12 by the commission.
11-13 SECTION 19. Sections 401.207 and 401.209-401.213, Health and
11-14 Safety Code, are amended to read as follows:
11-15 Sec. 401.207. OUT-OF-STATE WASTE. A license holder may not
11-16 accept low-level radioactive waste generated in another state for
11-17 processing or disposal under a license issued by the commission
11-18 unless the waste is:
11-19 (1) accepted under a compact to which the state is a
11-20 contracting party;
11-21 (2) from a state having an operating low-level
11-22 radioactive waste disposal site at which that state is willing to
11-23 accept low-level radioactive waste generated in this state; or
11-24 (3) generated from manufactured sources or devices
11-25 originating in this state.
11-26 Sec. 401.209. ACQUISITION AND OPERATION OF LOW-LEVEL
11-27 RADIOACTIVE WASTE DISPOSAL SITES. (a) The commission may acquire
12-1 the fee simple title in land, affected mineral rights, and
12-2 buildings at which low-level radioactive waste can be or is being
12-3 disposed of in a manner consistent with public health and safety
12-4 and the environment.
12-5 (b) Property acquired under this section may be used only
12-6 for disposing of low-level radioactive waste until the commission
12-7 determines that another use would not endanger the health, safety,
12-8 or general welfare of the public or the environment.
12-9 (c) The commission may lease property acquired under this
12-10 section for operating disposal sites for low-level radioactive
12-11 waste.
12-12 (d) The right, title, and interest in low-level radioactive
12-13 waste accepted for disposal at property and facilities acquired
12-14 under this section and any other interest acquired under this
12-15 chapter are the property of the commission, acting on behalf of the
12-16 state, and shall be administered and controlled by the commission
12-17 in the name of the state.
12-18 (e) A right, title, or interest acquired under this chapter
12-19 does not vest in any fund created by the Texas Constitution.
12-20 Sec. 401.210. TRANSFER COSTS OF PROPERTY. Low-level
12-21 radioactive [Radioactive] waste and land and buildings transferred
12-22 to the state under this chapter shall be transferred to the state
12-23 without cost, other than administrative and legal costs incurred in
12-24 making the transfer.
12-25 Sec. 401.211. LIABILITY. The transfer to the state of the
12-26 title to low-level radioactive waste and land and buildings does
12-27 not relieve a license holder of liability for any fraudulent or
13-1 negligent acts performed before the transfer or while the low-level
13-2 radioactive waste or land and buildings are in the possession and
13-3 control of the license holder.
13-4 Sec. 401.212. MONITORING, MAINTENANCE, AND EMERGENCY
13-5 MEASURES. The commission may undertake monitoring, maintenance,
13-6 and emergency measures that are necessary to protect the public
13-7 health and safety and the environment in connection with low-level
13-8 radioactive waste and property for which it has assumed custody.
13-9 Sec. 401.213. INTERSTATE COMPACTS. The commission shall
13-10 cooperate with and encourage the use of interstate compacts,
13-11 including the Southern States Energy Board, to develop regional
13-12 sites that divide among the states the disposal burden of low-level
13-13 radioactive waste generated in the region.
13-14 SECTION 20. Section 401.301(b), Health and Safety Code, is
13-15 amended to read as follows:
13-16 (b) The board by rule shall set the fee in an amount that
13-17 may not exceed the actual expenses annually incurred to:
13-18 (1) process applications for licenses or
13-19 registrations;
13-20 (2) amend or renew licenses or registrations;
13-21 (3) make inspections of license holders and
13-22 registrants;
13-23 (4) enforce this chapter and rules, orders, licenses,
13-24 and registrations under this chapter; and
13-25 (5) collect payments to the low-level radioactive
13-26 waste fund and general revenue as provided by Section 402.2721.
13-27 SECTION 21. Section 401.306, Health and Safety Code, is
14-1 amended to read as follows:
14-2 Sec. 401.306. LOW-LEVEL RADIOACTIVE WASTE FUND. (a) The
14-3 department shall collect a planning and implementation fee in an
14-4 amount as determined by Section 402.2721.
14-5 (b) Fees collected under this section shall be deposited in
14-6 the state treasury to the credit of the low-level radioactive waste
14-7 fund, except that at least $5 million for operating, planning, and
14-8 implementation and $10 million assessed and collected to reimburse
14-9 the general revenue fund for expenses incurred prior to September
14-10 1, 1991, shall be deposited in the state treasury to the credit of
14-11 the general revenue fund.
14-12 SECTION 22. Sections 402.003(5), (6), and (8), Health and
14-13 Safety Code, are amended to read as follows:
14-14 (5) "Disposal site" means the property and facilities
14-15 acquired, constructed, and owned by the authority at which
14-16 low-level radioactive waste can be processed and disposed of
14-17 permanently.
14-18 (6) "Low-level radioactive waste" has the meaning
14-19 assigned by Section 401.004 [means radioactive material that has a
14-20 half-life of 35 years or less or fewer than 10 nanocuries per gram
14-21 of transuranics, and may include radioactive material not excluded
14-22 by this subdivision with a half-life of more than 35 years if
14-23 special criteria for disposal of that waste are established by the
14-24 commission. The term does not include irradiated reactor fuel and
14-25 high-level radioactive waste as defined by Title 10, Code of
14-26 Federal Regulations].
14-27 (8) "Operation" means the control, supervision, and
15-1 implementation of the actual physical activities involved in the
15-2 receipt, processing, packaging, storage, disposal, and monitoring
15-3 of low-level radioactive waste at a disposal site, the maintenance
15-4 of a disposal site, and any other responsibilities designated by
15-5 the board as part of the operation.
15-6 SECTION 23. Sections 402.014, 402.052, 402.053, 402.081,
15-7 402.082, and 402.154, Health and Safety Code, are amended to read
15-8 as follows:
15-9 Sec. 402.014. SPECIAL LIMITATIONS ON PUBLIC MEMBERS. A
15-10 member of the board who represents the public or a person related
15-11 within the second degree by affinity or within the third degree by
15-12 consanguinity, as determined under Chapter 573, Government Code, to
15-13 that member may not be an employee of or otherwise have a financial
15-14 interest in any person who has a contract with or who uses the
15-15 services of a site in the United States for storing, processing, or
15-16 disposing of low-level radioactive waste.
15-17 Sec. 402.052. DEVELOPMENT AND OPERATION OF DISPOSAL SITE.
15-18 The authority shall develop and operate one disposal site for the
15-19 disposal of low-level radioactive waste in this state.
15-20 Sec. 402.053. GENERAL POWERS. To carry out this chapter,
15-21 the authority may:
15-22 (1) apply for, receive, accept, and administer gifts,
15-23 grants, and other funds available from any source;
15-24 (2) contract with the federal government, the state,
15-25 interstate agencies, local governmental entities, and private
15-26 entities to carry out this chapter and rules, standards, and orders
15-27 adopted under this chapter;
16-1 (3) conduct, request, and participate in studies,
16-2 investigations, and research relating to selection, preparation,
16-3 construction, operation, maintenance, decommissioning, closing, and
16-4 financing of disposal sites and disposal of low-level radioactive
16-5 waste; and
16-6 (4) advise, consult, and cooperate with the federal
16-7 government, the state, interstate agencies, local governmental
16-8 entities in this state, and private entities.
16-9 Sec. 402.081. DISPOSAL SITE SELECTION STUDIES. The
16-10 authority shall make studies or contract for studies to be made of
16-11 the future requirements for disposal of low-level radioactive waste
16-12 in this state and to determine the areas of the state that are
16-13 relatively more suitable than others for low-level radioactive
16-14 waste disposal activities.
16-15 Sec. 402.082. STUDY CRITERIA. Studies required under
16-16 Section 402.081 must consider:
16-17 (1) the volume of low-level radioactive waste
16-18 generated by type and source categories for the expected life of
16-19 the disposal site, including waste that may be generated from the
16-20 decommissioning of nuclear power plants located in this state;
16-21 (2) geology;
16-22 (3) topography;
16-23 (4) transportation and access;
16-24 (5) meteorology;
16-25 (6) population density;
16-26 (7) surface and subsurface hydrology;
16-27 (8) flora and fauna;
17-1 (9) current land use;
17-2 (10) criteria established by the commission for
17-3 disposal site selection;
17-4 (11) the proximity of the disposal site to sources of
17-5 low-level radioactive waste, including related transportation
17-6 costs, to the extent that the proximity and transportation costs do
17-7 not interfere with selection of a suitable disposal site for
17-8 protecting public health and the environment;
17-9 (12) other disposal site characteristics that may need
17-10 study on a preliminary basis and for which detailed study would be
17-11 required to prepare an application or license required for disposal
17-12 site operation; and
17-13 (13) alternative management techniques, including
17-14 aboveground isolation facilities, waste processing and reduction at
17-15 the site of waste generation and at an authority management site,
17-16 and waste recycling.
17-17 Sec. 402.154. TECHNIQUES FOR MANAGING LOW-LEVEL RADIOACTIVE
17-18 WASTE. (a) As a condition for obtaining a license, the authority
17-19 must submit to the commission or its designee evidence relating to
17-20 the reasonableness of any technique to be practiced at the proposed
17-21 disposal site for managing low-level radioactive waste.
17-22 (b) Before determining the techniques to be used for
17-23 managing low-level radioactive waste, the authority shall study
17-24 alternative techniques, including:
17-25 (1) waste processing and reduction at the site of
17-26 waste generation and at the disposal site; and
17-27 (2) the use of aboveground isolation facilities.
18-1 SECTION 24. Section 402.181(a), Health and Safety Code, is
18-2 amended to read as follows:
18-3 (a) The authority shall construct all works and facilities
18-4 on the disposal site and shall make improvements necessary to
18-5 prepare for disposal and to permanently dispose of low-level
18-6 radioactive waste.
18-7 SECTION 25. Section 402.182, Health and Safety Code, is
18-8 amended to read as follows:
18-9 Sec. 402.182. DESIGN OF FACILITIES. The board shall ensure
18-10 that the design of facilities for low-level radioactive waste
18-11 disposal incorporates, as far as possible, safeguards against
18-12 hazards resulting from local meteorological conditions, including
18-13 phenomena such as hurricanes, tornados, earthquakes, earth tremors,
18-14 violent storms, and susceptibility to flooding.
18-15 SECTION 26. Section 402.216(a), Health and Safety Code, is
18-16 amended to read as follows:
18-17 (a) The board shall adopt rules governing:
18-18 (1) the operation of disposal sites;
18-19 (2) acceptance of low-level radioactive waste;
18-20 (3) maintenance and monitoring of disposal sites; and
18-21 (4) activities relating to the management and
18-22 operation of disposal sites.
18-23 SECTION 27. Sections 402.217, 402.218, 402.219, 402.222,
18-24 402.223, and 402.225, Health and Safety Code, are amended to read
18-25 as follows:
18-26 Sec. 402.217. DISPOSAL SITE ACTIVITIES. (a) The authority
18-27 may adopt any methods and techniques for permanent disposal that
19-1 comply with federal and state standards for low-level radioactive
19-2 waste disposal and that protect the public health and safety and
19-3 the environment.
19-4 (b) The authority may provide facilities at disposal sites
19-5 for processing and packaging low-level radioactive waste for
19-6 disposal.
19-7 Sec. 402.218. ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE.
19-8 Subject to limitations provided by Section 402.219, each disposal
19-9 site shall accept for disposal all low-level radioactive waste that
19-10 is presented to it and that is properly processed and packaged.
19-11 Sec. 402.219. LIMITATIONS ON LOW-LEVEL RADIOACTIVE WASTE
19-12 DISPOSAL. (a) Except as provided by an interstate compact, a
19-13 disposal site may accept only low-level radioactive waste that is
19-14 generated in this state.
19-15 (b) The board by rule shall exclude from a disposal site
19-16 certain types of low-level radioactive waste that are incompatible
19-17 with disposal operations.
19-18 (c) The state may enter into compacts with another state or
19-19 several states for the disposal in this state of low-level
19-20 radioactive waste only if the compact:
19-21 (1) limits the total volume of all low-level
19-22 radioactive waste to be disposed of in this state from the other
19-23 state or states to 20 percent of the annual average of low-level
19-24 radioactive waste that the governor projects will be produced in
19-25 this state from the years 1995 through 2045;
19-26 (2) gives this state full administrative control over
19-27 management and operation of the disposal site;
20-1 (3) requires the other state or states to join this
20-2 state in any legal action necessary to prevent states that are not
20-3 members of the compact from disposing of low-level radioactive
20-4 waste at the disposal site;
20-5 (4) allows this state to charge a fee for the disposal
20-6 of low-level radioactive waste at the disposal site;
20-7 (5) requires the other state or states to join in any
20-8 legal action involving liability from the disposal site;
20-9 (6) requires the other state or states to share the
20-10 full cost of constructing the disposal site;
20-11 (7) allows this state to regulate, in accordance with
20-12 federal law, the means and routes of transportation of the
20-13 low-level radioactive waste in this state;
20-14 (8) requires the other state or states to pay for
20-15 community assistance projects selected by the host county in an
20-16 amount not less than $1 million or 10 percent of the amount
20-17 contributed by the other state or states;
20-18 (9) is agreed to by the Texas Legislature, the
20-19 legislature of the other state or states, and the United States
20-20 Congress; and
20-21 (10) complies with all applicable federal law.
20-22 (d) This section does not affect the ability of this state
20-23 to transfer low-level radioactive waste to another state.
20-24 (e) If this state enters into a compact with another state
20-25 and the terms of the compact conflict with this section, the terms
20-26 of the compact control.
20-27 Sec. 402.222. SHIPMENT OF LOW-LEVEL RADIOACTIVE WASTE. (a)
21-1 On arrival of a shipment of low-level radioactive waste at a
21-2 disposal site, the on-site operator or the operator's agent must
21-3 determine that the waste complies with all laws, rules, and
21-4 standards relating to processing and packaging of low-level
21-5 radioactive waste before the waste is accepted for disposal at the
21-6 disposal site.
21-7 (b) A person making a shipment of low-level radioactive
21-8 waste that is in excess of 75 cubic feet shall give the on-site
21-9 operator of the disposal site written notice of the shipment at
21-10 least 72 hours before shipment to the disposal site begins. The
21-11 written notice must contain information required by the board.
21-12 Sec. 402.223. IMPROPERLY PROCESSED OR PACKAGED LOW-LEVEL
21-13 RADIOACTIVE WASTE. (a) If low-level radioactive waste that is not
21-14 properly processed or packaged arrives at a disposal site, the
21-15 on-site operator or the operator's agent shall properly process and
21-16 package the waste for disposal and charge the person making the
21-17 shipment the fee required by Section 402.274.
21-18 (b) The on-site operator or the operator's agent shall
21-19 report to the federal and state agencies that establish rules and
21-20 standards for processing, packaging, and transporting low-level
21-21 radioactive waste any person who delivers to a disposal site
21-22 low-level radioactive waste that is not properly processed or
21-23 packaged.
21-24 Sec. 402.225. BELOWGROUND DISPOSAL RESTRICTED. Low-level
21-25 radioactive waste may not be disposed of in a landfill below the
21-26 natural level of a disposal site unless:
21-27 (1) federal or state regulatory programs for low-level
22-1 radioactive waste preclude or recommend against aboveground
22-2 disposal, or the authority has by rule determined that belowground
22-3 disposal provides greater protection than aboveground disposal for
22-4 public health and the environment for the period for which the
22-5 low-level waste will continue to pose a hazard to public health and
22-6 the environment;
22-7 (2) the low-level radioactive waste is contained
22-8 within a reinforced concrete barrier or within containment
22-9 structures made of materials technologically equivalent or superior
22-10 to reinforced concrete; and
22-11 (3) the low-level radioactive waste is contained in
22-12 such a manner that it can be monitored and retrieved.
22-13 SECTION 28. Section 402.226(b), Health and Safety Code, is
22-14 amended to read as follows:
22-15 (b) In this section, "shallow land burial" and "improved
22-16 shallow land burial" mean disposal of low-level radioactive waste
22-17 in an earthen trench as the low-level radioactive waste is received
22-18 from the generator.
22-19 SECTION 29. Section 402.227, Health and Safety Code, is
22-20 amended to read as follows:
22-21 Sec. 402.227. PUBLIC UTILITY STORAGE FACILITIES. Each
22-22 public utility that operates or constructs a nuclear power reactor
22-23 in this state shall provide storage facilities at the reactor site
22-24 sufficient to store the low-level radioactive waste generated by
22-25 five years of normal operations.
22-26 SECTION 30. Sections 402.252(a) and (c), Health and Safety
22-27 Code, are amended to read as follows:
23-1 (a) The board shall quarterly transfer money in the
23-2 low-level radioactive waste fund generated by planning and
23-3 implementation fee surcharges under Sections 402.2721(e) and (f),
23-4 and that portion of waste disposal fees identifiable as adopted for
23-5 the purposes of Sections 402.273(a)(3) and (b) to the commissioners
23-6 court of the host county.
23-7 (c) Money received from the low-level radioactive waste fund
23-8 under this section may be spent only for local public projects that
23-9 are for the use and benefit of the public at large. The board
23-10 shall adopt guidelines for the expenditure of money received under
23-11 this section, and the commissioners court shall spend or disburse
23-12 the money for use according to those guidelines.
23-13 SECTION 31. Sections 402.271 and 402.272, Health and Safety
23-14 Code, are amended to read as follows:
23-15 Sec. 402.271. AUTHORITY'S EXPENSES. The authority's
23-16 expenses shall be paid from:
23-17 (1) waste disposal fees;
23-18 (2) planning and implementation fees;
23-19 (3) proceeds from the sale of bonds under Subchapter
23-20 K;
23-21 (4) contributions from members of a low-level
23-22 radioactive waste compact entered into under Section 402.219(c);
23-23 (5) [surcharge rebates made by the United States
23-24 Department of Energy pursuant to Pub.L. No. 99-240;]
23-25 [(6)] appropriations made by the legislature; and
23-26 (6) [(7)] other receipts, fees, and interest earned in
23-27 funds authorized by or collected under this subchapter and
24-1 deposited in the low-level radioactive waste fund.
24-2 Sec. 402.272. WASTE DISPOSAL FEES. (a) The board shall
24-3 have collected a waste disposal fee to be paid by each person who
24-4 delivers low-level radioactive waste to the authority for disposal.
24-5 (b) The board by rule shall adopt and periodically revise
24-6 waste disposal fees according to a schedule that is based on the
24-7 projected annual volume of low-level radioactive waste received,
24-8 the relative hazard presented by each type of low-level
24-9 radioactive waste that is generated by the users of radioactive
24-10 materials, and the costs identified in Section 402.273.
24-11 (c) In determining relative hazard, the board shall consider
24-12 the radioactive, physical, and chemical properties of each type of
24-13 low-level radioactive waste.
24-14 SECTION 32. Sections 402.2721(d) and (h), Health and Safety
24-15 Code, are amended to read as follows:
24-16 (d) Fees established under this section shall:
24-17 (1) [include minimum and maximum annual fees in an
24-18 amount of at least $5 million for the 1992-1993 biennium to pay for
24-19 the estimated costs of administering, implementing, and planning
24-20 the activities authorized by this chapter and shall include at
24-21 least $5 million to reimburse the general revenue fund for
24-22 appropriations expended and incurred by the authority in selecting,
24-23 characterizing, and licensing a disposal site;]
24-24 [(2)] take into account[,] the projected annual volume
24-25 and the relative hazard presented by each type of low-level
24-26 radioactive waste generated;
24-27 (2) [(3)] be collected by the department as provided
25-1 by Subchapter H, Chapter 401;
25-2 (3) [(4)] be deposited in the state treasury to the
25-3 credit of the low-level radioactive waste fund[, except that at
25-4 least $10 million assessed and collected in the 1992-1993 biennium
25-5 to reimburse the general revenue fund for expenses incurred prior
25-6 to September 1, 1991, shall be deposited in the state treasury to
25-7 the credit of the general revenue fund];
25-8 (4) [(5)] be paid in four quarterly equal installments
25-9 beginning on January 1, 1992, and annually thereafter; and
25-10 (5) [(6)] expire on the date the authority begins
25-11 operation of a disposal facility.
25-12 (h) In determining relative hazard, the board shall consider
25-13 the radioactive, physical, and chemical properties of each type of
25-14 low-level radioactive waste.
25-15 SECTION 33. Sections 402.274 and 402.275, Health and Safety
25-16 Code, are amended to read as follows:
25-17 Sec. 402.274. PROCESSING AND PACKAGING FEES. The board by
25-18 rule shall adopt and periodically revise processing and packaging
25-19 fees according to a schedule that is based on the volume of
25-20 improperly processed or packaged low-level radioactive waste
25-21 delivered for disposal and on the cost to the authority for
25-22 properly processing and packaging the low-level radioactive waste
25-23 in compliance with federal and state standards.
25-24 Sec. 402.275. LOW-LEVEL RADIOACTIVE WASTE FUND. (a) The
25-25 low-level radioactive waste fund is in the state treasury.
25-26 (b) The fund is an interest-bearing fund. Interest earned on
25-27 money in the fund shall be deposited to the credit of the fund.
26-1 (c) Money received by the authority, including waste
26-2 disposal fees, planning and implementation fees, surcharges on
26-3 planning and implementation fees, processing and packaging fees,
26-4 civil penalties, [payments to the State of Texas under Public Law
26-5 99-240,] and other receipts collected by the authority under this
26-6 chapter shall be deposited to the credit of the low-level
26-7 radioactive waste fund.
26-8 (d) Except as provided by Subsection (f), money in the
26-9 low-level radioactive waste fund may be used to pay:
26-10 (1) operating and maintenance costs of the authority;
26-11 (2) future costs of decommissioning, closing, and
26-12 postclosure maintenance and surveillance of the disposal site;
26-13 (3) licensing fees and to provide security required by
26-14 the commission;
26-15 (4) money judgments rendered against the authority
26-16 that are directed by a court of this state to be paid from this
26-17 fund;
26-18 (5) expenses associated with implementation of the
26-19 rangeland and wildlife management plan;
26-20 (6) funds for local public projects under Subchapter
26-21 I;
26-22 (7) debt service and necessary fees and charges,
26-23 including insurance premiums and similar costs, associated with the
26-24 issuance and payment of bonds under Subchapter K; and
26-25 (8) expenses for any other purpose under this chapter.
26-26 (e) A payment for debt service and related costs under
26-27 Subsection (d)(7) has priority for payment from the low-level
27-1 radioactive waste fund over a payment for another expense
27-2 authorized by Subsection (d).
27-3 (f) [Payments to this state under Public Law 99-240 may be
27-4 used only for the purposes stated in the federal law.]
27-5 [(g)] The authority may transfer money from the low-level
27-6 radioactive waste fund to the radiation and perpetual care fund to
27-7 make payments required by the commission under Section 401.303.
27-8 SECTION 34. Section 402.291(b), Health and Safety Code, is
27-9 amended to read as follows:
27-10 (b) The bonds may not be a debt or pledge of the faith and
27-11 credit of the state, the authority, or a public entity, but shall
27-12 be payable from receipts collected by the authority and credited to
27-13 the low-level radioactive waste fund and pledged to the payment of
27-14 the bonds authorized under this subchapter.
27-15 SECTION 35. Section 401.383, Health and Safety Code, is
27-16 amended to read as follows:
27-17 Sec. 401.383. CRIMINAL PENALTY FOR CERTAIN ACTS RELATED TO
27-18 LOW-LEVEL RADIOACTIVE WASTE. (a) A person commits an offense if
27-19 the person intentionally or knowingly receives, processes,
27-20 concentrates, stores, transports, or disposes of low-level
27-21 radioactive waste without a license issued this chapter.
27-22 (b) An offense under this section is a Class A misdemeanor,
27-23 unless it is shown at the trial of the person that the person has
27-24 been previously convicted of an offense under this section, in
27-25 which event the offense is punishable by a fine of not less than
27-26 $2,000 or more than $100,000, confinement in the county jail for
27-27 not more than one year, or both.
28-1 SECTION 36. Section 7.184, Water Code, is amended to read as
28-2 follows:
28-3 Sec. 7.184. VIOLATIONS RELATING TO LOW-LEVEL RADIOACTIVE
28-4 WASTE. (a) A person commits an offense if the person:
28-5 (1) intentionally or knowingly violates a provision of
28-6 Chapter 401, Health and Safety Code, other than the offense
28-7 described by Subdivision (2); or
28-8 (2) intentionally or knowingly receives, processes,
28-9 concentrates, stores, transports, or disposes of low-level
28-10 radioactive waste without a license issued under Chapter 401,
28-11 Health and Safety Code.
28-12 (b) Except as provided by this subsection, an offense under
28-13 Subsection (a)(1) is a Class B misdemeanor. If it is shown on the
28-14 trial of the person that the person has previously been convicted
28-15 of an offense under Subsection (a)(1), the offense is a Class A
28-16 misdemeanor.
28-17 (c) Except as provided by this subsection, an offense under
28-18 Subsection (a)(2) is a Class A misdemeanor. If it is shown on the
28-19 trial of the person that the person has previously been convicted
28-20 of an offense under Subsection (a)(2), the offense is punishable
28-21 under Section 7.187(1)(D) or Section 7.187(2)(D) or both.
28-22 SECTION 37. Sections 401.003(20), 401.208, and 402.127,
28-23 Health and Safety Code, are repealed.
28-24 SECTION 38. This Act takes effect September 1, 1999.
28-25 SECTION 39. The importance of this legislation and the
28-26 crowded condition of the calendars in both houses create an
28-27 emergency and an imperative public necessity that the
29-1 constitutional rule requiring bills to be read on three several
29-2 days in each house be suspended, and this rule is hereby suspended.