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