1-1                                   AN ACT
 1-2     relating to 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 401.104, Health and Safety Code, is
 5-6     amended by amending Subsections (a) and (b) and adding Subsection
 5-7     (e) to read as follows:
 5-8           (a)  Except as provided by Subsections [Subsection] (b) and
 5-9     (e), the board by rule shall provide for the general or specific
5-10     licensing of:
5-11                 (1)  radioactive material; or
5-12                 (2)  devices or equipment using radioactive material.
5-13           (b)  Except as provided by Subsection (e), the [The]
5-14     commission by rule shall provide for licensing for the disposal of
5-15     radioactive material except by-product material defined by Section
5-16     401.003(3)(B).  The department by rule shall provide for licensing
5-17     the disposal of by-product material defined by Section
5-18     401.003(3)(B).
5-19           (e)  The board or commission may not require a license for a
5-20     person that is a party to an order issued under Section 361.188 or
5-21     361.272 for sites subject to Subchapter F, Chapter 361, or an
5-22     agreement entered into under Section 361.606.  This subsection does
5-23     not exempt the person from complying with technical standards that
5-24     a holder of a license otherwise required by this chapter for the
5-25     particular activity is required to meet.  The exemption granted by
5-26     this subsection applies only to the assessment and remediation of
5-27     the contamination at the site.
 6-1           SECTION 6.  Section 401.106, Health and Safety Code, is
 6-2     amended to read as follows:
 6-3           Sec. 401.106.  EXEMPTION FROM LICENSING OR REGISTRATION
 6-4     REQUIREMENTS OR FROM APPLICATION OF RULE.  (a)  The board by rule
 6-5     may exempt a source of radiation or a kind of use or user from the
 6-6     licensing or registration requirements provided by this chapter if
 6-7     the board finds that the exemption of that source of radiation or
 6-8     kind of use or user will not constitute a significant risk to the
 6-9     public health and safety and the environment.
6-10           (b)  The department or commission, as applicable, may exempt
6-11     a source of radiation or a kind of use or user from the application
6-12     of a rule adopted by the department or commission under this
6-13     chapter if the department or commission, respectively, determines
6-14     that the exemption:
6-15                 (1)  is not prohibited by law; and
6-16                 (2)  will not result in a significant risk to public
6-17     health and safety and the environment.
6-18           (c)  Notwithstanding any other law, the commission may, on
6-19     request or its own initiative, authorize on-site disposal of
6-20     low-level radioactive waste on a specific basis at any site at
6-21     which low-level radioactive waste disposal operations began before
6-22     September 1, 1989, if after evaluation of the specific
6-23     characteristics of the waste, the disposal site, and the method of
6-24     disposal, the commission finds that the continuation of the
6-25     disposal activity will not constitute a significant risk to the
6-26     public health and safety and to the environment.
6-27           SECTION 7.  Section 401.111(a), Health and Safety Code, is
 7-1     amended to read as follows:
 7-2           (a)  The board and commission each, in adopting rules for the
 7-3     issuance of licenses under their respective jurisdictions for new
 7-4     sites for processing or disposal of low-level radioactive  waste
 7-5     from other persons, shall adopt criteria for the designation of
 7-6     unsuitable sites, including:
 7-7                 (1)  flood hazard areas;
 7-8                 (2)  areas with characteristics of discharge from or
 7-9     recharge of a groundwater aquifer system; or
7-10                 (3)  areas in which soil conditions make spill cleanup
7-11     impracticable.
7-12           SECTION 8.  Section 401.112, Health and Safety Code, is
7-13     amended to read as follows:
7-14           Sec. 401.112.  LOW-LEVEL RADIOACTIVE WASTE PROCESSING OR
7-15     DISPOSAL LICENSE APPLICATION AND CONSIDERATIONS.  (a)  The
7-16     department or commission, within its jurisdiction, in making a
7-17     licensing decision on a specific license application to process or
7-18     dispose of low-level radioactive waste from other persons, shall
7-19     consider:
7-20                 (1)  site suitability, geological, hydrological, and
7-21     meteorological factors, and natural hazards;
7-22                 (2)  compatibility with present uses of land near the
7-23     site;
7-24                 (3)  socioeconomic effects on surrounding communities
7-25     of operation of the licensed activity and of associated
7-26     transportation of low-level radioactive waste [material];
7-27                 (4)  the need for and alternatives to the proposed
 8-1     activity, including an alternative siting analysis prepared by the
 8-2     applicant;
 8-3                 (5)  the applicant's qualifications, including
 8-4     financial, technical, and past operating practices;
 8-5                 (6)  background monitoring plans for the proposed site;
 8-6                 (7)  suitability of facilities associated with the
 8-7     proposed activities;
 8-8                 (8)  chemical, radiological, and biological
 8-9     characteristics of the low-level radioactive waste and waste
8-10     classification under Section 401.053;
8-11                 (9)  adequate insurance of the applicant to cover
8-12     potential injury to any property or person, including potential
8-13     injury from risks relating to transportation;
8-14                 (10)  training programs for the applicant's employees;
8-15                 (11)  a monitoring, record-keeping, and reporting
8-16     program;
8-17                 (12)  spill detection and cleanup plans for the
8-18     licensed site and related to associated transportation of low-level
8-19     radioactive waste [material];
8-20                 (13)  decommissioning and postclosure care plans;
8-21                 (14)  security plans;
8-22                 (15)  worker monitoring and protection plans;
8-23                 (16)  emergency plans; and
8-24                 (17)  a monitoring program for applicants that includes
8-25     prelicense and postlicense monitoring of background radioactive and
8-26     chemical characteristics of the soils, groundwater, and vegetation.
8-27           (b)  An applicant for the specific license must submit with
 9-1     the application information necessary for the issuing agency to
 9-2     consider the factors under Subsection (a).
 9-3           (c)  The board and commission each within its jurisdiction by
 9-4     rule shall provide specific criteria for the different types of
 9-5     licensed low-level radioactive waste activities for the listed
 9-6     factors and may include additional factors and criteria that the
 9-7     board or commission, as appropriate, determines necessary for full
 9-8     consideration of a license.
 9-9           SECTION 9.  Section 401.113(c), Health and Safety Code, is
9-10     amended to read as follows:
9-11           (c)  The analysis must include:
9-12                 (1)  an assessment of radiological and nonradiological
9-13     effects of the activity on the public health;
9-14                 (2)  an assessment of any effect on a waterway or
9-15     groundwater resulting from the activity;
9-16                 (3)  consideration of alternatives to the activities to
9-17     be conducted under the license; and
9-18                 (4)  consideration of the long-term effects associated
9-19     with activities, including decommissioning, decontamination, and
9-20     reclamation impacts, including the management of low-level
9-21     radioactive waste, to be conducted under the license.
9-22           SECTION 10.  Section 401.114(a), Health and Safety Code, is
9-23     amended to read as follows:
9-24           (a)  Before the department or commission, within its
9-25     jurisdiction, grants or renews a license to process or dispose of
9-26     low-level radioactive waste from other persons, the agency  shall
9-27     give notice and shall provide an opportunity for a public hearing
 10-1    in the manner provided by the agency's formal hearing procedure and
 10-2    Chapter 2001, Government Code.
 10-3          SECTION 11.  Section 401.115, Health and Safety Code, is
 10-4    amended to read as follows:
 10-5          Sec. 401.115.  LICENSES FROM OTHER AGENCIES.  A holder of a
 10-6    license to operate a facility to process or dispose of low-level
 10-7    radioactive waste may not operate the facility until the holder has
 10-8    obtained all other required licenses or permits from other
 10-9    agencies.
10-10          SECTION 12.  Section 401.116(a), Health and Safety Code, is
10-11    amended to read as follows:
10-12          (a)  An amendment to a license to process or dispose of
10-13    low-level radioactive waste from other persons may take effect
10-14    immediately.
10-15          SECTION 13.  Section 401.117, Health and Safety Code, is
10-16    amended to read as follows:
10-17          Sec. 401.117.  CONSTRUCTION LIMITATION.  The department or
10-18    commission shall prohibit major construction relating to activities
10-19    to be permitted under a license issued by the agency to process or
10-20    dispose of low-level radioactive waste from other persons until the
10-21    requirements in Sections 401.113 and 401.114 are completed.
10-22          SECTION 14.  The heading to Subchapter E, Chapter 401, Health
10-23    and Safety Code, is amended to read as follows:
10-24         SUBCHAPTER E.  MANAGEMENT OF LOW-LEVEL RADIOACTIVE WASTE
10-25          SECTION 15.  Section 401.151, Health and Safety Code, is
10-26    amended to read as follows:
10-27          Sec. 401.151.  COMPATIBILITY WITH FEDERAL STANDARDS.  The
 11-1    department and commission each shall assure that the management of
 11-2    low-level radioactive waste under their respective jurisdictions is
 11-3    compatible with applicable federal commission standards.
 11-4          SECTION 16.  Section 401.152(a), Health and Safety Code, is
 11-5    amended to read as follows:
 11-6          (a)  If the department or commission, under procedures
 11-7    provided by Section 401.056, finds that low-level radioactive waste
 11-8    under its jurisdiction threatens the public health and safety and
 11-9    the environment and that the license holder managing the low-level
11-10    radioactive waste is unable to remove the threat, the agency by
11-11    order may require any action, including a corrective measure, that
11-12    is necessary to remove the threat.
11-13          SECTION 17.  Section 401.153(a), Health and Safety Code, is
11-14    amended to read as follows:
11-15          (a)  The board by rule may prohibit a licensed low-level
11-16    radioactive waste processor from accepting for processing low-level
11-17    radioactive waste generated outside this state.
11-18          SECTION 18.  The heading to Subchapter F, Chapter 401, Health
11-19    and Safety Code, is amended to read as follows:
11-20          SUBCHAPTER F.  SPECIAL PROVISIONS CONCERNING LOW-LEVEL
11-21                        RADIOACTIVE WASTE DISPOSAL
11-22          SECTION 19.  Sections 401.201-401.205, Health and Safety
11-23    Code, are amended to read as follows:
11-24          Sec. 401.201.  REGULATION OF LOW-LEVEL RADIOACTIVE WASTE
11-25    DISPOSAL.  The commission shall directly regulate the disposal of
11-26    low-level radioactive waste.  The person making the disposal shall
11-27    comply with commission rules.
 12-1          Sec. 401.202.  LICENSING AUTHORITY.  The commission or
 12-2    department, within its respective jurisdiction, shall grant, deny,
 12-3    renew, revoke, suspend, or withdraw licenses for the disposal of
 12-4    low-level radioactive waste from other persons and for the
 12-5    processing of that waste.
 12-6          Sec. 401.203.  LICENSE RESTRICTED TO PUBLIC ENTITY.  A
 12-7    low-level radioactive waste disposal license may be issued only to
 12-8    a public entity specifically authorized by law for low-level
 12-9    radioactive waste disposal.
12-10          Sec. 401.204.  ACQUISITION OF PROPERTY.  An application for a
12-11    license to dispose of low-level radioactive waste from other
12-12    persons may not be considered unless the applicant has acquired the
12-13    title to and any interest in land and buildings as required by
12-14    commission rule.
12-15          Sec. 401.205.  RESPONSIBILITIES OF PERSONS LICENSED TO
12-16    DISPOSE OF LOW-LEVEL RADIOACTIVE WASTE.  A person who is licensed
12-17    to dispose of low-level radioactive waste from other persons shall:
12-18                (1)  arrange for and pay the costs of management,
12-19    control, stabilization, and disposal of low-level radioactive waste
12-20    and the decommissioning of the licensed activity;
12-21                (2)  convey to the state when the license is issued all
12-22    right, title, and interest in land and buildings acquired under
12-23    commission rules, together with requisite rights of access to that
12-24    property; and
12-25                (3)  formally acknowledge before termination of the
12-26    license the conveyance to the state of the right, title, and
12-27    interest in low-level radioactive waste located on the property
 13-1    conveyed.
 13-2          SECTION 20.  Section 401.206(a), Health and Safety Code, is
 13-3    amended to read as follows:
 13-4          (a)  The holder of a license to dispose of low-level
 13-5    radioactive waste from other persons shall reimburse the commission
 13-6    for the salary and other expenses of a resident inspector employed
 13-7    by the commission.
 13-8          SECTION 21.  Sections 401.207 and 401.209-401.213, Health and
 13-9    Safety Code, are amended to read as follows:
13-10          Sec. 401.207.  OUT-OF-STATE WASTE.  A license holder may not
13-11    accept low-level radioactive waste generated in another state for
13-12    processing or disposal under a license issued by the commission
13-13    unless the waste is:
13-14                (1)  accepted under a compact to which the state is a
13-15    contracting party;
13-16                (2)  from a state having an operating low-level
13-17    radioactive waste disposal site at which that state is willing to
13-18    accept low-level radioactive waste generated in this state; or
13-19                (3)  generated from manufactured sources or devices
13-20    originating in this state.
13-21          Sec. 401.209.  ACQUISITION AND OPERATION OF LOW-LEVEL
13-22    RADIOACTIVE WASTE DISPOSAL SITES.  (a)  The commission may acquire
13-23    the fee simple title in land, affected mineral rights, and
13-24    buildings at which low-level radioactive waste can be or is being
13-25    disposed of in a manner consistent with public health and safety
13-26    and the environment.
13-27          (b)  Property acquired under this section may be used only
 14-1    for disposing of low-level radioactive waste until the commission
 14-2    determines that another use would not endanger the health, safety,
 14-3    or general welfare of the public or the environment.
 14-4          (c)  The commission may lease property acquired under this
 14-5    section for operating disposal sites for low-level radioactive
 14-6    waste.
 14-7          (d)  The right, title, and interest in low-level radioactive
 14-8    waste accepted for disposal at property and facilities acquired
 14-9    under this section and any other interest acquired under this
14-10    chapter are the property of the commission, acting on behalf of the
14-11    state, and shall be administered and controlled by the commission
14-12    in the name of the state.
14-13          (e)  A right, title, or interest acquired under this chapter
14-14    does not vest in any fund created by the Texas Constitution.
14-15          Sec. 401.210.  TRANSFER COSTS OF PROPERTY.  Low-level
14-16    radioactive [Radioactive] waste and land and buildings  transferred
14-17    to the state under  this chapter shall be transferred to the state
14-18    without cost, other than administrative and legal costs incurred in
14-19    making the transfer.
14-20          Sec. 401.211.  LIABILITY.  The transfer to the state of the
14-21    title to low-level radioactive waste and land and buildings does
14-22    not relieve a license holder of liability for any fraudulent or
14-23    negligent acts performed before the transfer or while the low-level
14-24    radioactive waste or land and buildings are in the possession and
14-25    control of the license holder.
14-26          Sec. 401.212.  MONITORING, MAINTENANCE, AND EMERGENCY
14-27    MEASURES.  The commission may undertake monitoring, maintenance,
 15-1    and emergency measures that are necessary to protect the public
 15-2    health and safety and the environment in connection with low-level
 15-3    radioactive waste and property for which it has assumed custody.
 15-4          Sec. 401.213.  INTERSTATE COMPACTS.  The commission shall
 15-5    cooperate with and encourage the use of interstate compacts,
 15-6    including the Southern States Energy Board, to develop regional
 15-7    sites that divide among the states the disposal burden of low-level
 15-8    radioactive waste generated in the region.
 15-9          SECTION 22.  Section 401.301(b), Health and Safety Code, is
15-10    amended to read as follows:
15-11          (b)  The board by rule shall set the fee in an amount that
15-12    may not exceed the actual expenses annually incurred to:
15-13                (1)  process applications for licenses or
15-14    registrations;
15-15                (2)  amend or renew licenses or registrations;
15-16                (3)  make inspections of license holders and
15-17    registrants;
15-18                (4)  enforce this chapter and rules, orders, licenses,
15-19    and registrations under this chapter; and
15-20                (5)  collect payments to the low-level radioactive
15-21    waste fund and general revenue as provided by Section 402.2721.
15-22          SECTION 23.  Section 401.306, Health and Safety Code, is
15-23    amended to read as follows:
15-24          Sec. 401.306.  LOW-LEVEL RADIOACTIVE WASTE FUND.  (a)  The
15-25    department shall collect a planning and implementation fee in an
15-26    amount as determined by Section 402.2721.
15-27          (b)  Fees collected under this section shall be deposited in
 16-1    the state treasury to the credit of the low-level radioactive waste
 16-2    fund, except that at least $5 million for operating, planning, and
 16-3    implementation and $10 million assessed and collected to reimburse
 16-4    the general revenue fund for expenses incurred prior to September
 16-5    1, 1991, shall be deposited in the state treasury to the credit of
 16-6    the general revenue fund.
 16-7          SECTION 24.  Sections 402.003(5), (6), and (8), Health and
 16-8    Safety Code, are amended to read as follows:
 16-9                (5)  "Disposal site" means the property and facilities
16-10    acquired, constructed, and owned by the authority at which
16-11    low-level radioactive waste can be processed and disposed of
16-12    permanently.
16-13                (6)  "Low-level radioactive waste" has the meaning
16-14    assigned by Section 401.004 [means radioactive material that has a
16-15    half-life of 35  years or less or fewer than 10 nanocuries per gram
16-16    of transuranics, and may include radioactive material not excluded
16-17    by this subdivision with a half-life of more than 35 years if
16-18    special criteria for disposal of that waste are established by the
16-19    commission.  The term does not include irradiated reactor fuel and
16-20    high-level radioactive waste as defined by Title 10, Code of
16-21    Federal Regulations].
16-22                (8)  "Operation" means the control, supervision, and
16-23    implementation of the actual physical activities involved in the
16-24    receipt, processing, packaging, storage, disposal, and monitoring
16-25    of low-level radioactive waste at a disposal site, the maintenance
16-26    of a disposal site, and any other responsibilities designated by
16-27    the board as part of the operation.
 17-1          SECTION 25.  Sections 402.014, 402.052, 402.053, 402.081,
 17-2    402.082, and 402.154, Health and Safety Code, are amended to read
 17-3    as follows:
 17-4          Sec. 402.014.  SPECIAL LIMITATIONS ON PUBLIC MEMBERS.  A
 17-5    member of the board who represents the public or a person related
 17-6    within the second degree by affinity or within the third degree by
 17-7    consanguinity, as determined under Chapter 573, Government Code, to
 17-8    that member may not be an employee of or otherwise have a financial
 17-9    interest in any person who has a contract with or who uses the
17-10    services of a site in the United States for storing, processing, or
17-11    disposing of low-level radioactive waste.
17-12          Sec. 402.052.  DEVELOPMENT AND OPERATION OF DISPOSAL SITE.
17-13    The authority shall develop and operate one disposal site for the
17-14    disposal of low-level radioactive waste in this state.
17-15          Sec. 402.053.  GENERAL POWERS.  To carry out this chapter,
17-16    the authority may:
17-17                (1)  apply for, receive, accept, and administer gifts,
17-18    grants, and other funds available from any source;
17-19                (2)  contract with the federal government, the state,
17-20    interstate agencies, local governmental entities, and private
17-21    entities to carry out this chapter and rules, standards, and orders
17-22    adopted under this chapter;
17-23                (3)  conduct, request, and participate in studies,
17-24    investigations, and research relating to selection, preparation,
17-25    construction, operation, maintenance, decommissioning, closing, and
17-26    financing of disposal sites and disposal of low-level radioactive
17-27    waste; and
 18-1                (4)  advise, consult, and cooperate with the federal
 18-2    government, the state, interstate agencies, local governmental
 18-3    entities in this state, and private entities.
 18-4          Sec. 402.081.  DISPOSAL SITE SELECTION STUDIES.  The
 18-5    authority shall make studies or contract for studies to be made of
 18-6    the future requirements for disposal of low-level radioactive waste
 18-7    in this state and to determine the areas of the state that are
 18-8    relatively more suitable than others for low-level radioactive
 18-9    waste disposal activities.
18-10          Sec. 402.082.  STUDY CRITERIA.  Studies required under
18-11    Section 402.081 must consider:
18-12                (1)  the volume of low-level radioactive waste
18-13    generated by type and source categories for the expected life of
18-14    the disposal site, including waste that may be generated from the
18-15    decommissioning of nuclear power plants located in this state;
18-16                (2)  geology;
18-17                (3)  topography;
18-18                (4)  transportation and access;
18-19                (5)  meteorology;
18-20                (6)  population density;
18-21                (7)  surface and subsurface hydrology;
18-22                (8)  flora and fauna;
18-23                (9)  current land use;
18-24                (10)  criteria established by the commission for
18-25    disposal site selection;
18-26                (11)  the proximity of the disposal site to sources of
18-27    low-level radioactive waste, including related transportation
 19-1    costs, to the extent that the proximity and transportation costs do
 19-2    not interfere with selection of a suitable disposal site for
 19-3    protecting public health and the environment;
 19-4                (12)  other disposal site characteristics that may need
 19-5    study on a preliminary basis and for which detailed study would be
 19-6    required to prepare an application or license required for disposal
 19-7    site operation; and
 19-8                (13)  alternative management techniques, including
 19-9    aboveground isolation facilities, waste processing and reduction at
19-10    the site of waste generation and at an authority management site,
19-11    and waste recycling.
19-12          Sec. 402.154.  TECHNIQUES FOR MANAGING LOW-LEVEL RADIOACTIVE
19-13    WASTE.  (a)  As a condition for obtaining a license, the authority
19-14    must submit to the commission or its designee evidence relating to
19-15    the reasonableness of any technique to be practiced at the proposed
19-16    disposal site for managing low-level radioactive waste.
19-17          (b)  Before determining the techniques to be used for
19-18    managing low-level radioactive waste, the authority shall study
19-19    alternative techniques, including:
19-20                (1)  waste processing and reduction at the site of
19-21    waste generation and at the disposal site; and
19-22                (2)  the use of aboveground isolation facilities.
19-23          SECTION 26.  Section 402.181(a), Health and Safety Code, is
19-24    amended to read as follows:
19-25          (a)  The authority shall construct all works and facilities
19-26    on the disposal site and shall make improvements necessary to
19-27    prepare for disposal and to permanently dispose of low-level
 20-1    radioactive waste.
 20-2          SECTION 27.  Section 402.182, Health and Safety Code, is
 20-3    amended to read as follows:
 20-4          Sec. 402.182.  DESIGN OF FACILITIES.  The board shall ensure
 20-5    that the design of facilities for low-level radioactive waste
 20-6    disposal incorporates, as far as possible, safeguards against
 20-7    hazards resulting from local meteorological conditions, including
 20-8    phenomena such as hurricanes, tornados, earthquakes, earth tremors,
 20-9    violent storms, and susceptibility to flooding.
20-10          SECTION 28.  Section 402.216(a), Health and Safety Code, is
20-11    amended to read as follows:
20-12          (a)  The board shall adopt rules governing:
20-13                (1)  the operation of disposal sites;
20-14                (2)  acceptance of low-level radioactive waste;
20-15                (3)  maintenance and monitoring of disposal sites; and
20-16                (4)  activities relating to the management and
20-17    operation of disposal sites.
20-18          SECTION 29.  Sections 402.217, 402.218, 402.219, 402.222,
20-19    402.223, and 402.225, Health and Safety Code, are amended to read
20-20    as follows:
20-21          Sec. 402.217.  DISPOSAL SITE ACTIVITIES.  (a)  The authority
20-22    may adopt any methods and techniques for permanent disposal that
20-23    comply with federal and state standards for low-level radioactive
20-24    waste disposal and that protect the public health and safety and
20-25    the environment.
20-26          (b)  The authority may provide facilities at disposal sites
20-27    for processing and packaging low-level radioactive waste for
 21-1    disposal.
 21-2          Sec. 402.218.  ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE.
 21-3    Subject to limitations provided by Section 402.219, each disposal
 21-4    site shall accept for disposal all low-level radioactive waste that
 21-5    is presented to it and that is properly  processed and packaged.
 21-6          Sec. 402.219.  LIMITATIONS ON LOW-LEVEL RADIOACTIVE WASTE
 21-7    DISPOSAL.  (a)  Except as provided by an interstate compact, a
 21-8    disposal site may accept only low-level radioactive waste that is
 21-9    generated in this state.
21-10          (b)  The board by rule shall exclude from a disposal site
21-11    certain types of low-level radioactive waste that are incompatible
21-12    with disposal operations.
21-13          (c)  The state may enter into compacts with another state or
21-14    several states for the disposal in this state of low-level
21-15    radioactive waste only if the compact:
21-16                (1)  limits the total volume of all low-level
21-17    radioactive waste to be disposed of in this state from the other
21-18    state or states to 20 percent of the annual average of low-level
21-19    radioactive waste that the governor projects will be produced in
21-20    this state from the years 1995 through 2045;
21-21                (2)  gives this state full administrative control over
21-22    management and operation of the disposal site;
21-23                (3)  requires the other state or states to join this
21-24    state in any legal action necessary to prevent states that are not
21-25    members of the compact from disposing of low-level radioactive
21-26    waste at the disposal site;
21-27                (4)  allows this state to charge a fee for the disposal
 22-1    of low-level radioactive waste at the disposal site;
 22-2                (5)  requires the other state or states to join in any
 22-3    legal action involving liability from the disposal site;
 22-4                (6)  requires the other state or states to share the
 22-5    full cost of constructing the disposal site;
 22-6                (7)  allows this state to regulate, in accordance with
 22-7    federal law, the means and routes of transportation of the
 22-8    low-level radioactive waste in this state;
 22-9                (8)  requires the other state or states to pay for
22-10    community assistance projects selected by the host county in an
22-11    amount not less than $1 million or 10 percent of the amount
22-12    contributed by the other state or states;
22-13                (9)  is agreed to by the Texas Legislature, the
22-14    legislature of the other state or states, and the United States
22-15    Congress; and
22-16                (10)  complies with all applicable federal law.
22-17          (d)  This section does not affect the ability of this state
22-18    to transfer low-level radioactive waste to another state.
22-19          (e)  If this state enters into a compact with another state
22-20    and the terms of the compact conflict with this section, the terms
22-21    of the compact control.
22-22          Sec. 402.222.  SHIPMENT OF LOW-LEVEL RADIOACTIVE WASTE.  (a)
22-23    On arrival of a shipment of low-level radioactive waste at a
22-24    disposal site, the on-site operator or the operator's agent must
22-25    determine that the waste complies with all laws, rules, and
22-26    standards relating to processing and packaging of low-level
22-27    radioactive waste before the waste is accepted for disposal at the
 23-1    disposal site.
 23-2          (b)  A person making a shipment of low-level radioactive
 23-3    waste that is in excess of 75 cubic feet shall give the on-site
 23-4    operator of the disposal site written notice of the shipment at
 23-5    least 72 hours before shipment to the disposal site begins.  The
 23-6    written notice must contain information required by the board.
 23-7          Sec. 402.223.  IMPROPERLY PROCESSED OR PACKAGED LOW-LEVEL
 23-8    RADIOACTIVE WASTE.  (a)  If low-level radioactive waste that is not
 23-9    properly processed or packaged arrives at a disposal site, the
23-10    on-site operator or the operator's agent shall properly process and
23-11    package the waste for disposal and charge the person making the
23-12    shipment the fee required by Section 402.274.
23-13          (b)  The on-site operator or the operator's agent shall
23-14    report to the federal and state agencies that establish rules and
23-15    standards for processing, packaging, and transporting low-level
23-16    radioactive waste any person who delivers to a disposal site
23-17    low-level radioactive waste that is not properly processed or
23-18    packaged.
23-19          Sec. 402.225.  BELOWGROUND DISPOSAL RESTRICTED.  Low-level
23-20    radioactive waste may not be disposed of in a landfill below the
23-21    natural level of a disposal site unless:
23-22                (1)  federal or state regulatory programs for low-level
23-23    radioactive waste preclude or recommend against aboveground
23-24    disposal, or the authority has by rule determined that belowground
23-25    disposal  provides greater protection than aboveground disposal for
23-26    public health and the environment for the period for which the
23-27    low-level waste will continue to pose a hazard to public health and
 24-1    the environment;
 24-2                (2)  the low-level radioactive waste is contained
 24-3    within a reinforced concrete barrier or within containment
 24-4    structures made of materials technologically equivalent or superior
 24-5    to reinforced concrete; and
 24-6                (3)  the low-level radioactive waste is contained in
 24-7    such a manner that it can be monitored and retrieved.
 24-8          SECTION 30.  Section 402.226(b), Health and Safety Code, is
 24-9    amended to read as follows:
24-10          (b)  In this section, "shallow land burial" and "improved
24-11    shallow land burial" mean disposal of low-level radioactive waste
24-12    in an earthen trench as the low-level radioactive waste is received
24-13    from the generator.
24-14          SECTION 31.  Section 402.227, Health and Safety Code, is
24-15    amended to read as follows:
24-16          Sec. 402.227.  PUBLIC UTILITY STORAGE FACILITIES.  Each
24-17    public utility that operates or constructs a nuclear power reactor
24-18    in this state shall provide storage facilities at the reactor site
24-19    sufficient to store the low-level radioactive waste generated by
24-20    five years of normal operations.
24-21          SECTION 32.  Sections 402.252(a) and (c), Health and Safety
24-22    Code, are amended to read as follows:
24-23          (a)  The board shall quarterly transfer money in the
24-24    low-level radioactive waste fund generated by planning and
24-25    implementation fee surcharges under Sections 402.2721(e) and (f),
24-26    and that portion of waste disposal fees identifiable as adopted for
24-27    the purposes of Sections 402.273(a)(3) and (b) to the commissioners
 25-1    court of the host county.
 25-2          (c)  Money received from the low-level radioactive waste fund
 25-3    under this section may be spent only for local public projects that
 25-4    are for the use and benefit of the public at large.  The board
 25-5    shall adopt guidelines for the expenditure of money received under
 25-6    this section, and the commissioners court shall spend or disburse
 25-7    the money for use according to those guidelines.
 25-8          SECTION 33.  Sections 402.271 and 402.272, Health and Safety
 25-9    Code, are amended to read as follows:
25-10          Sec. 402.271.  AUTHORITY'S EXPENSES.  The authority's
25-11    expenses shall be paid from:
25-12                (1)  waste disposal fees;
25-13                (2)  planning and implementation fees;
25-14                (3)  proceeds from the sale of bonds under Subchapter
25-15    K;
25-16                (4)  contributions from members of a low-level
25-17    radioactive waste compact entered into under Section 402.219(c);
25-18                (5)  [surcharge rebates made by the United States
25-19    Department of Energy pursuant to Pub.L. No. 99-240;]
25-20                [(6)]  appropriations made by the legislature; and
25-21                (6) [(7)]  other receipts, fees, and interest earned in
25-22    funds authorized by or collected under this subchapter and
25-23    deposited in the low-level radioactive waste fund.
25-24          Sec. 402.272.  WASTE DISPOSAL FEES.  (a)  The board shall
25-25    have collected a waste disposal fee to be paid by each person who
25-26    delivers low-level radioactive waste to the authority for disposal.
25-27          (b)  The board by rule shall adopt and periodically revise
 26-1    waste disposal fees according to a schedule that is based on the
 26-2    projected annual volume of low-level radioactive waste received,
 26-3    the relative hazard presented  by each type of low-level
 26-4    radioactive waste that is generated by the users of radioactive
 26-5    materials, and the costs identified in Section 402.273.
 26-6          (c)  In determining relative hazard, the board shall consider
 26-7    the radioactive, physical, and chemical properties of each type of
 26-8    low-level radioactive waste.
 26-9          SECTION 34.  Section 402.2721, Health and Safety Code, is
26-10    amended by amending Subsections (d)-(h) and adding Subsection (i)
26-11    to read as follows:
26-12          (d)  Fees established under this section shall:
26-13                (1)  [include minimum and maximum annual fees in an
26-14    amount of at least $5 million for the 1992-1993 biennium to pay for
26-15    the estimated costs of administering, implementing, and planning
26-16    the activities authorized by this chapter and shall include at
26-17    least $5 million to reimburse the general revenue fund for
26-18    appropriations expended and incurred by the authority in selecting,
26-19    characterizing, and licensing a disposal site;]
26-20                [(2)]  take into account[,] the projected annual volume
26-21    and the relative hazard presented by each type of low-level
26-22    radioactive waste generated;
26-23                (2) [(3)]  be collected by the department as provided
26-24    by Subchapter H, Chapter 401;
26-25                (3) [(4)]  be deposited in the state treasury to the
26-26    credit of the low-level radioactive waste fund[, except that at
26-27    least $10 million assessed and collected in the 1992-1993 biennium
 27-1    to reimburse the general revenue fund for expenses incurred prior
 27-2    to September 1, 1991, shall be deposited in the state treasury to
 27-3    the credit of the general revenue fund];
 27-4                (4) [(5)]  be paid in four quarterly equal installments
 27-5    beginning on January 1, 1992, and annually thereafter; and
 27-6                (5) [(6)]  expire on the date the authority begins
 27-7    operation of a disposal facility.
 27-8          (e)  Fees established under this section may not:
 27-9                (1)  be assessed before the fiscal year following the
27-10    fiscal year in which the balance in the low-level radioactive waste
27-11    fund falls below $4 million;
27-12                (2)  be assessed in an amount that would result in a
27-13    total amount of fees assessed that exceeds $3 million in any fiscal
27-14    biennium; or
27-15                (3)  be collected at any time the low-level radioactive
27-16    waste fund balance is $9 million or more.
27-17          (f)  For each [the 1996-1997] biennium [and subsequent
27-18    bienniums], the board shall assess a surcharge of 10 percent of the
27-19    fee established for the biennium.
27-20          [(f)  For the 1994-1995 biennium only, the board shall assess
27-21    a surcharge of 10 percent of the fee established for the 1992-1993
27-22    biennium.]
27-23          (g)  Surcharges assessed under Subsection [Subsections (e)
27-24    and] (f) shall be used to fund local public projects under
27-25    Subchapter I.
27-26          (h)  In determining relative hazard, the board shall consider
27-27    the radioactive, physical, and chemical properties of each type of
 28-1    low-level radioactive waste.
 28-2          (i)  On termination of the imposition of fees under
 28-3    Subsection (d)(5), the balance of the low-level radioactive waste
 28-4    fund attributable to planning and implementation fees shall be
 28-5    transferred to a separate account in the fund and credited pro rata
 28-6    to generators who have paid planning and implementation fees.  A
 28-7    generator who on the date the imposition of the fees is terminated
 28-8    has paid all planning and implementation fees owed by the generator
 28-9    under this section shall receive a credit equal to the amount of
28-10    the generator's pro rata share in the account established under
28-11    this section against waste disposal fees the generator is required
28-12    to pay under Section 402.272 until the balance of the generator's
28-13    pro rata share in the account is exhausted.  A generator who on the
28-14    date the imposition of the fees is terminated owes planning and
28-15    implementation fees under this section is not eligible for the
28-16    credit.
28-17          SECTION 35.  Sections 402.274 and 402.275, Health and Safety
28-18    Code, are amended to read as follows:
28-19          Sec. 402.274.  PROCESSING AND PACKAGING FEES.  The board by
28-20    rule shall adopt and periodically revise processing and packaging
28-21    fees according to a schedule that is based on the volume of
28-22    improperly processed or packaged low-level radioactive waste
28-23    delivered for disposal and on the cost to the authority for
28-24    properly processing and packaging the low-level radioactive waste
28-25    in compliance with federal and state standards.
28-26          Sec. 402.275.  LOW-LEVEL RADIOACTIVE WASTE FUND.  (a)  The
28-27    low-level radioactive waste fund is in the state treasury.
 29-1          (b)  The fund is an interest-bearing fund. Interest earned on
 29-2    money in the fund shall be deposited to the credit of the fund.
 29-3          (c)  Money received by the authority, including waste
 29-4    disposal fees, planning and implementation fees, surcharges on
 29-5    planning and implementation fees, processing and packaging fees,
 29-6    civil penalties, payments made by a party state to a low-level
 29-7    radioactive waste compact entered into under Section 402.219(c),
 29-8    [payments to the State of Texas under Public Law 99-240,] and other
 29-9    receipts collected by the authority under this chapter shall be
29-10    deposited to the credit of the low-level radioactive waste fund.
29-11          (d)  Except as provided by Subsection (f), money in the
29-12    low-level radioactive waste fund may be used to pay:
29-13                (1)  operating and maintenance costs of the authority;
29-14                (2)  future costs of decommissioning, closing, and
29-15    postclosure maintenance and surveillance of the disposal site;
29-16                (3)  licensing fees and to provide security required by
29-17    the commission;
29-18                (4)  money judgments rendered against the authority
29-19    that are directed by a court of this state to be paid from this
29-20    fund;
29-21                (5)  expenses associated with implementation of the
29-22    rangeland and wildlife management plan;
29-23                (6)  funds for local public projects under Subchapter
29-24    I;
29-25                (7)  debt service and necessary fees and charges,
29-26    including insurance premiums and similar costs, associated with the
29-27    issuance and payment of bonds under Subchapter K; and
 30-1                (8)  expenses for any other purpose under this chapter.
 30-2          (e)  A payment for debt service and related costs under
 30-3    Subsection (d)(7) has priority for payment from the low-level
 30-4    radioactive waste fund over a payment for another expense
 30-5    authorized by  Subsection (d).
 30-6          (f)  [Payments to this state under Public Law 99-240 may be
 30-7    used only for the purposes stated in the federal law.]
 30-8          [(g)]  The authority may transfer money from the low-level
 30-9    radioactive waste fund to the radiation and perpetual care fund to
30-10    make payments required by the commission under Section 401.303.
30-11          SECTION 36.  Section 402.291(b), Health and Safety Code, is
30-12    amended to read as follows:
30-13          (b)  The bonds may not be a debt or pledge of the faith and
30-14    credit of the state, the authority, or a public entity, but shall
30-15    be payable from receipts collected by the authority and credited to
30-16    the low-level radioactive waste fund and pledged to the payment of
30-17    the bonds authorized under this subchapter.
30-18          SECTION 37.  Section 401.383, Health and Safety Code, is
30-19    amended to read as follows:
30-20          Sec. 401.383.  CRIMINAL PENALTY FOR CERTAIN ACTS RELATED TO
30-21    LOW-LEVEL RADIOACTIVE WASTE.  (a)  A person commits an offense if
30-22    the person intentionally or knowingly receives, processes,
30-23    concentrates, stores, transports, or disposes of low-level
30-24    radioactive waste without a license issued this chapter.
30-25          (b)  An offense under this section is a Class A misdemeanor,
30-26    unless it is shown at the trial of the person that the person has
30-27    been previously convicted of an offense under this section, in
 31-1    which event the offense is punishable by a fine of not less than
 31-2    $2,000 or more than $100,000, confinement in the county jail for
 31-3    not more than one year, or both.
 31-4          SECTION 38.  Section 7.184, Water Code, is amended to read as
 31-5    follows:
 31-6          Sec. 7.184.  VIOLATIONS RELATING TO LOW-LEVEL RADIOACTIVE
 31-7    WASTE.  (a) A person commits an offense if the person:
 31-8                (1)  intentionally or knowingly violates a provision of
 31-9    Chapter 401, Health and Safety Code, other than the offense
31-10    described by Subdivision (2); or
31-11                (2)  intentionally or knowingly receives, processes,
31-12    concentrates, stores, transports, or disposes of low-level
31-13    radioactive waste without a license issued under Chapter 401,
31-14    Health and Safety Code.
31-15          (b)  Except as provided by this subsection, an offense under
31-16    Subsection (a)(1) is a Class B misdemeanor. If it is shown on the
31-17    trial of the person that the person has previously been convicted
31-18    of an offense under Subsection (a)(1), the offense is a Class A
31-19    misdemeanor.
31-20          (c)  Except as provided by this subsection, an offense under
31-21    Subsection (a)(2) is a Class A misdemeanor. If it is shown on the
31-22    trial of the person that the person has previously been convicted
31-23    of an offense under Subsection (a)(2), the offense is punishable
31-24    under Section 7.187(1)(D) or Section 7.187(2)(D) or both.
31-25          SECTION 39.  Sections 401.003(20), 401.208, and 402.127,
31-26    Health and Safety Code, are repealed.
31-27          SECTION 40.  This Act takes effect only if a specific
 32-1    appropriation for the implementation of this Act is provided in
 32-2    H.B. No. 1 (General Appropriations Act), Acts of the 76th
 32-3    Legislature, Regular Session, 1999.  If no specific appropriation
 32-4    is provided in H.B. No. 1, the General Appropriations Act, this Act
 32-5    has no effect.
 32-6          SECTION 41.  This Act takes effect September 1, 1999.
 32-7          SECTION 42.  The importance of this legislation and the
 32-8    crowded condition of the calendars in both houses create an
 32-9    emergency and an imperative public necessity that the
32-10    constitutional rule requiring bills to be read on three several
32-11    days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1172 was passed by the House on April
         22, 1999, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 1172 on May 28, 1999, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1172 was passed by the Senate, with
         amendments, on May 24, 1999, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor