By Chisum                                             H.B. No. 1172
         76R931 MI-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the definition of low-level radioactive waste.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Sections 401.003(8), (16), and (19), Health and
 1-5     Safety Code, are amended to read as follows:
 1-6                 (8)  "Disposal of low-level radioactive waste"
 1-7     ["Disposal"] means 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;
 2-9                 (2)  is waste, as that term is defined by 10 C.F.R.
2-10     Section 61.2; and
2-11                 (3)  is subject to:
2-12                       (A)  concentration limits established under Title
2-13     10, Code of Federal Regulations, or established by the department
2-14     or commission, as applicable; and
2-15                       (B)  disposal criteria established under Title
2-16     10, Code of Federal Regulations, or established by the department
2-17     or commission, as applicable.
2-18           (b)  "Low-level radioactive waste" does not include:
2-19                 (1)  high-level radioactive waste as defined by 10
2-20     C.F.R.  Section 60.2;
2-21                 (2)  spent nuclear fuel as defined by 10 C.F.R. Section
2-22     72.3;
2-23                 (3)  by-product material described by Section
2-24     401.003(3)(B);
2-25                 (4)  naturally occurring radioactive material waste
2-26     that is not oil and gas NORM waste; or
2-27                 (5)  oil and gas NORM waste.
 3-1           Sec. 401.005.  CODE OF FEDERAL REGULATIONS REFERENCES.  A
 3-2     reference in this chapter to the "C.F.R." or the "Code of Federal
 3-3     Regulations" means the Code of Federal Regulations as it existed on
 3-4     September 1, 1999.
 3-5           SECTION 3.  Sections 401.052(b), (d), and (e), Health and
 3-6     Safety Code, are amended to read as follows:
 3-7           (b)  Rules adopted under this section for low-level
 3-8     radioactive waste shall:
 3-9                 (1)  to the extent practicable, be compatible with
3-10     United States Department of Transportation and United States
3-11     Nuclear Regulatory Commission regulations relating to the
3-12     transportation of low-level radioactive waste;
3-13                 (2)  require each shipper and transporter of low-level
3-14     radioactive waste to adopt an emergency plan approved by the
3-15     department for responding to transportation accidents;
3-16                 (3)  require the notification and reporting of
3-17     accidents to the department and to local emergency planning
3-18     committees in the county where the accident occurs;
3-19                 (4)  require each shipper to adopt a quality control
3-20     program approved by the department to verify that shipping
3-21     containers are suitable for shipment to a licensed disposal
3-22     facility; and
3-23                 (5)  assess a fee on shippers for shipments to a Texas
3-24     low-level radioactive waste disposal facility of low-level
3-25     radioactive waste originating in Texas or out-of-state.
3-26           (d)(1)  Fees assessed under this section shall:
3-27                       (A)  not exceed $10 per cubic foot of shipped
 4-1     low-level radioactive waste;
 4-2                       (B)  be collected by the authority and deposited
 4-3     to the credit of the radiation and perpetual care fund; and
 4-4                       (C)  be used exclusively by the department for
 4-5     emergency planning for and response to transportation accidents
 4-6     involving low-level radioactive waste.
 4-7                 (2)  Fee assessments under this section shall be
 4-8     suspended when the amount of fees collected reaches $500,000,
 4-9     except that if the balance of fees collected is reduced to $350,000
4-10     or less, the assessments shall be reinstituted to bring the balance
4-11     of fees collected to $500,000.
4-12           (e)  Money expended from the radiation and perpetual care
4-13     fund to respond to accidents involving low-level radioactive waste
4-14     must be reimbursed to the radiation and perpetual care fund by the
4-15     responsible shipper or transporter according to rules adopted by
4-16     the board.
4-17           SECTION 4.   Sections 401.053 and 401.061, Health and Safety
4-18     Code, are amended to read as follows:
4-19           Sec. 401.053.  CLASSIFICATION SYSTEM FOR LOW-LEVEL
4-20     RADIOACTIVE WASTE.  The department may establish a classification
4-21     system for low-level radioactive waste that is based on
4-22     radiological, chemical, and biological characteristics and on
4-23     physical state so that low-level radioactive waste can be managed
4-24     safely and compatibly.
4-25           Sec. 401.061.  LOW-LEVEL RADIOACTIVE WASTE STUDIES.  The
4-26     department and commission each within its jurisdiction shall
4-27     conduct studies of the need for low-level radioactive waste
 5-1     processing and disposal facilities and technologies as the agency
 5-2     considers necessary for minimizing the risks to the public and the
 5-3     environment from low-level radioactive waste management.
 5-4           SECTION 5.  Section 401.111(a), Health and Safety Code, is
 5-5     amended to read as follows:
 5-6           (a)  The board and commission each, in adopting rules for the
 5-7     issuance of licenses under their respective jurisdictions for new
 5-8     sites for processing or disposal of low-level radioactive  waste
 5-9     from other persons, shall adopt criteria for the designation of
5-10     unsuitable sites, including:
5-11                 (1)  flood hazard areas;
5-12                 (2)  areas with characteristics of discharge from or
5-13     recharge of a groundwater aquifer system; or
5-14                 (3)  areas in which soil conditions make spill cleanup
5-15     impracticable.
5-16           SECTION 6.  Section 401.112, Health and Safety Code, is
5-17     amended to read as follows:
5-18           Sec. 401.112.  LOW-LEVEL RADIOACTIVE WASTE PROCESSING OR
5-19     DISPOSAL LICENSE APPLICATION AND CONSIDERATIONS.  (a)  The
5-20     department or commission, within its jurisdiction, in making a
5-21     licensing decision on a specific license application to process or
5-22     dispose of low-level radioactive waste from other persons, shall
5-23     consider:
5-24                 (1)  site suitability, geological, hydrological, and
5-25     meteorological factors, and natural hazards;
5-26                 (2)  compatibility with present uses of land near the
5-27     site;
 6-1                 (3)  socioeconomic effects on surrounding communities
 6-2     of operation of the licensed activity and of associated
 6-3     transportation of low-level radioactive waste [material];
 6-4                 (4)  the need for and alternatives to the proposed
 6-5     activity, including an alternative siting analysis prepared by the
 6-6     applicant;
 6-7                 (5)  the applicant's qualifications, including
 6-8     financial, technical, and past operating practices;
 6-9                 (6)  background monitoring plans for the proposed site;
6-10                 (7)  suitability of facilities associated with the
6-11     proposed activities;
6-12                 (8)  chemical, radiological, and biological
6-13     characteristics of the low-level radioactive waste and waste
6-14     classification under Section 401.053;
6-15                 (9)  adequate insurance of the applicant to cover
6-16     potential injury to any property or person, including potential
6-17     injury from risks relating to transportation;
6-18                 (10)  training programs for the applicant's employees;
6-19                 (11)  a monitoring, record-keeping, and reporting
6-20     program;
6-21                 (12)  spill detection and cleanup plans for the
6-22     licensed site and related to associated transportation of low-level
6-23     radioactive waste [material];
6-24                 (13)  decommissioning and postclosure care plans;
6-25                 (14)  security plans;
6-26                 (15)  worker monitoring and protection plans;
6-27                 (16)  emergency plans; and
 7-1                 (17)  a monitoring program for applicants that includes
 7-2     prelicense and postlicense monitoring of background radioactive and
 7-3     chemical characteristics of the soils, groundwater, and vegetation.
 7-4           (b)  An applicant for the specific license must submit with
 7-5     the application information necessary for the issuing agency to
 7-6     consider the factors under Subsection (a).
 7-7           (c)  The board and commission each within its jurisdiction by
 7-8     rule shall provide specific criteria for the different types of
 7-9     licensed low-level radioactive waste activities for the listed
7-10     factors and may include additional factors and criteria that the
7-11     board or commission, as appropriate, determines necessary for full
7-12     consideration of a license.
7-13           SECTION 7.  Section 401.113(c), Health and Safety Code, is
7-14     amended to read as follows:
7-15           (c)  The analysis must include:
7-16                 (1)  an assessment of radiological and nonradiological
7-17     effects of the activity on the public health;
7-18                 (2)  an assessment of any effect on a waterway or
7-19     groundwater resulting from the activity;
7-20                 (3)  consideration of alternatives to the activities to
7-21     be conducted under the license; and
7-22                 (4)  consideration of the long-term effects associated
7-23     with activities, including decommissioning, decontamination, and
7-24     reclamation impacts, including the management of low-level
7-25     radioactive waste, to be conducted under the license.
7-26           SECTION 8.  Section 401.114(a), Health and Safety Code, is
7-27     amended to read as follows:
 8-1           (a)  Before the department or commission, within its
 8-2     jurisdiction, grants or renews a license to process or dispose of
 8-3     low-level radioactive waste from other persons, the agency  shall
 8-4     give notice and shall provide an opportunity for a public hearing
 8-5     in the manner provided by the agency's formal hearing procedure and
 8-6     Chapter 2001, Government Code.
 8-7           SECTION 9.  Section 401.115, Health and Safety Code, is
 8-8     amended to read as follows:
 8-9           Sec. 401.115.  LICENSES FROM OTHER AGENCIES.  A holder of a
8-10     license to operate a facility to process or dispose of low-level
8-11     radioactive waste may not operate the facility until the holder has
8-12     obtained all other required licenses or permits from other
8-13     agencies.
8-14           SECTION 10.  Section 401.116(a), Health and Safety Code, is
8-15     amended to read as follows:
8-16           (a)  An amendment to a license to process or dispose of
8-17     low-level radioactive waste from other persons may take effect
8-18     immediately.
8-19           SECTION 11.  Section 401.117, Health and Safety Code, is
8-20     amended to read as follows:
8-21           Sec. 401.117.  CONSTRUCTION LIMITATION.  The department or
8-22     commission shall prohibit major construction relating to activities
8-23     to be permitted under a license issued by the agency to process or
8-24     dispose of low-level radioactive waste from other persons until the
8-25     requirements in Sections 401.113 and 401.114 are completed.
8-26           SECTION 12.  The heading to Subchapter E, Chapter 401, Health
8-27     and Safety Code, is amended to read as follows:
 9-1          SUBCHAPTER E.  MANAGEMENT OF LOW-LEVEL RADIOACTIVE WASTE
 9-2           SECTION 13.  Section 401.151, Health and Safety Code, is
 9-3     amended to read as follows:
 9-4           Sec. 401.151.  COMPATIBILITY WITH FEDERAL STANDARDS.  The
 9-5     department and commission each shall assure that the management of
 9-6     low-level radioactive waste under their respective jurisdictions is
 9-7     compatible with applicable federal commission standards.
 9-8           SECTION 14.  Section 401.152(a), Health and Safety Code, is
 9-9     amended to read as follows:
9-10           (a)  If the department or commission, under procedures
9-11     provided by Section 401.056, finds that low-level radioactive waste
9-12     under its jurisdiction threatens the public health and safety and
9-13     the environment and that the license holder managing the low-level
9-14     radioactive waste is unable to remove the threat, the agency by
9-15     order may require any action, including a corrective measure, that
9-16     is necessary to remove the threat.
9-17           SECTION 15.  Section 401.153(a), Health and Safety Code, is
9-18     amended to read as follows:
9-19           (a)  The board by rule may prohibit a licensed low-level
9-20     radioactive waste processor from accepting for processing low-level
9-21     radioactive waste generated outside this state.
9-22           SECTION 16.  The heading to Subchapter F, Chapter 401, Health
9-23     and Safety Code, is amended to read as follows:
9-24           SUBCHAPTER F.  SPECIAL PROVISIONS CONCERNING LOW-LEVEL
9-25                         RADIOACTIVE WASTE DISPOSAL
9-26           SECTION 17.  Sections 401.201-401.205, Health and Safety
9-27     Code, are amended to read as follows:
 10-1          Sec. 401.201.  REGULATION OF LOW-LEVEL RADIOACTIVE WASTE
 10-2    DISPOSAL.  The commission shall directly regulate the disposal of
 10-3    low-level radioactive waste.  The person making the disposal shall
 10-4    comply with commission rules.
 10-5          Sec. 401.202.  LICENSING AUTHORITY.  The commission or
 10-6    department, within its respective jurisdiction, shall grant, deny,
 10-7    renew, revoke, suspend, or withdraw licenses for the disposal of
 10-8    low-level radioactive waste from other persons and for the
 10-9    processing of that waste.
10-10          Sec. 401.203.  LICENSE RESTRICTED TO PUBLIC ENTITY.  A
10-11    low-level radioactive waste disposal license may be issued only to
10-12    a public entity specifically authorized by law for low-level
10-13    radioactive waste disposal.
10-14          Sec. 401.204.  ACQUISITION OF PROPERTY.  An application for a
10-15    license to dispose of low-level radioactive waste from other
10-16    persons may not be considered unless the applicant has acquired the
10-17    title to and any interest in land and buildings as required by
10-18    commission rule.
10-19          Sec. 401.205.  RESPONSIBILITIES OF PERSONS LICENSED TO
10-20    DISPOSE OF LOW-LEVEL RADIOACTIVE WASTE.  A person who is licensed
10-21    to dispose of low-level radioactive waste from other persons shall:
10-22                (1)  arrange for and pay the costs of management,
10-23    control, stabilization, and disposal of low-level radioactive waste
10-24    and the decommissioning of the licensed activity;
10-25                (2)  convey to the state when the license is issued all
10-26    right, title, and interest in land and buildings acquired under
10-27    commission rules, together with requisite rights of access to that
 11-1    property; and
 11-2                (3)  formally acknowledge before termination of the
 11-3    license the conveyance to the state of the right, title, and
 11-4    interest in low-level radioactive waste located on the property
 11-5    conveyed.
 11-6          SECTION 18.  Section 401.206(a), Health and Safety Code, is
 11-7    amended to read as follows:
 11-8          (a)  The holder of a license to dispose of low-level
 11-9    radioactive waste from other persons shall reimburse the commission
11-10    for the salary and other expenses of a resident inspector employed
11-11    by the commission.
11-12          SECTION 19.  Sections 401.207 and 401.209-401.213, Health and
11-13    Safety Code, are amended to read as follows:
11-14          Sec. 401.207.  OUT-OF-STATE WASTE.  A license holder may not
11-15    accept low-level radioactive waste generated in another state for
11-16    processing or disposal under a license issued by the commission
11-17    unless the waste is:
11-18                (1)  accepted under a compact to which the state is a
11-19    contracting party;
11-20                (2)  from a state having an operating low-level
11-21    radioactive waste disposal site at which that state is willing to
11-22    accept low-level radioactive waste generated in this state; or
11-23                (3)  generated from manufactured sources or devices
11-24    originating in this state.
11-25          Sec. 401.209.  ACQUISITION AND OPERATION OF LOW-LEVEL
11-26    RADIOACTIVE WASTE DISPOSAL SITES.  (a)  The commission may acquire
11-27    the fee simple title in land, affected mineral rights, and
 12-1    buildings at which low-level radioactive waste can be or is being
 12-2    disposed of in a manner consistent with public health and safety
 12-3    and the environment.
 12-4          (b)  Property acquired under this section may be used only
 12-5    for disposing of low-level radioactive waste until the commission
 12-6    determines that another use would not endanger the health, safety,
 12-7    or general welfare of the public or the environment.
 12-8          (c)  The commission may lease property acquired under this
 12-9    section for operating disposal sites for low-level radioactive
12-10    waste.
12-11          (d)  The right, title, and interest in low-level radioactive
12-12    waste accepted for disposal at property and facilities acquired
12-13    under this section and any other interest acquired under this
12-14    chapter are the property of the commission, acting on behalf of the
12-15    state, and shall be administered and controlled by the commission
12-16    in the name of the state.
12-17          (e)  A right, title, or interest acquired under this chapter
12-18    does not vest in any fund created by the Texas Constitution.
12-19          Sec. 401.210.  TRANSFER COSTS OF PROPERTY.  Low-level
12-20    radioactive [Radioactive] waste and land and buildings  transferred
12-21    to the state under  this chapter shall be transferred to the state
12-22    without cost, other than administrative and legal costs incurred in
12-23    making the transfer.
12-24          Sec. 401.211.  LIABILITY.  The transfer to the state of the
12-25    title to low-level radioactive waste and land and buildings does
12-26    not relieve a license holder of liability for any fraudulent or
12-27    negligent acts performed before the transfer or while the low-level
 13-1    radioactive waste or land and buildings are in the possession and
 13-2    control of the license holder.
 13-3          Sec. 401.212.  MONITORING, MAINTENANCE, AND EMERGENCY
 13-4    MEASURES.  The commission may undertake monitoring, maintenance,
 13-5    and emergency measures that are necessary to protect the public
 13-6    health and safety and the environment in connection with low-level
 13-7    radioactive waste and property for which it has assumed custody.
 13-8          Sec. 401.213.  INTERSTATE COMPACTS.  The commission shall
 13-9    cooperate with and encourage the use of interstate compacts,
13-10    including the Southern States Energy Board, to develop regional
13-11    sites that divide among the states the disposal burden of low-level
13-12    radioactive waste generated in the region.
13-13          SECTION 20.  Section 401.301(b), Health and Safety Code, is
13-14    amended to read as follows:
13-15          (b)  The board by rule shall set the fee in an amount that
13-16    may not exceed the actual expenses annually incurred to:
13-17                (1)  process applications for licenses or
13-18    registrations;
13-19                (2)  amend or renew licenses or registrations;
13-20                (3)  make inspections of license holders and
13-21    registrants;
13-22                (4)  enforce this chapter and rules, orders, licenses,
13-23    and registrations under this chapter; and
13-24                (5)  collect payments to the low-level radioactive
13-25    waste fund and general revenue as provided by Section 402.2721.
13-26          SECTION 21.  Section 401.306, Health and Safety Code, is
13-27    amended to read as follows:
 14-1          Sec. 401.306.  LOW-LEVEL RADIOACTIVE WASTE FUND.  (a)  The
 14-2    department shall collect a planning and implementation fee in an
 14-3    amount as determined by Section 402.2721.
 14-4          (b)  Fees collected under this section shall be deposited in
 14-5    the state treasury to the credit of the low-level radioactive waste
 14-6    fund, except that at least $5 million for operating, planning, and
 14-7    implementation and $10 million assessed and collected to reimburse
 14-8    the general revenue fund for expenses incurred prior to September
 14-9    1, 1991, shall be deposited in the state treasury to the credit of
14-10    the general revenue fund.
14-11          SECTION 22.  Sections 402.003(5), (6), and (8), Health and
14-12    Safety Code, are amended to read as follows:
14-13                (5)  "Disposal site" means the property and facilities
14-14    acquired, constructed, and owned by the authority at which
14-15    low-level radioactive waste can be processed and disposed of
14-16    permanently.
14-17                (6)  "Low-level radioactive waste" has the meaning
14-18    assigned by Section 401.004 [means radioactive material that has a
14-19    half-life of 35  years or less or fewer than 10 nanocuries per gram
14-20    of transuranics, and may include radioactive material not excluded
14-21    by this subdivision with a half-life of more than 35 years if
14-22    special criteria for disposal of that waste are established by the
14-23    commission.  The term does not include irradiated reactor fuel and
14-24    high-level radioactive waste as defined by Title 10, Code of
14-25    Federal Regulations].
14-26                (8)  "Operation" means the control, supervision, and
14-27    implementation of the actual physical activities involved in the
 15-1    receipt, processing, packaging, storage, disposal, and monitoring
 15-2    of low-level radioactive waste at a disposal site, the maintenance
 15-3    of a disposal site, and any other responsibilities designated by
 15-4    the board as part of the operation.
 15-5          SECTION 23.  Sections 402.014, 402.052, 402.053, 402.081,
 15-6    402.082, and 402.154, Health and Safety Code, are amended to read
 15-7    as follows:
 15-8          Sec. 402.014.  SPECIAL LIMITATIONS ON PUBLIC MEMBERS.  A
 15-9    member of the board who represents the public or a person related
15-10    within the second degree by affinity or within the third degree by
15-11    consanguinity, as determined under Chapter 573, Government Code, to
15-12    that member may not be an employee of or otherwise have a financial
15-13    interest in any person who has a contract with or who uses the
15-14    services of a site in the United States for storing, processing, or
15-15    disposing of low-level radioactive waste.
15-16          Sec. 402.052.  DEVELOPMENT AND OPERATION OF DISPOSAL SITE.
15-17    The authority shall develop and operate one disposal site for the
15-18    disposal of low-level radioactive waste in this state.
15-19          Sec. 402.053.  GENERAL POWERS.  To carry out this chapter,
15-20    the authority may:
15-21                (1)  apply for, receive, accept, and administer gifts,
15-22    grants, and other funds available from any source;
15-23                (2)  contract with the federal government, the state,
15-24    interstate agencies, local governmental entities, and private
15-25    entities to carry out this chapter and rules, standards, and orders
15-26    adopted under this chapter;
15-27                (3)  conduct, request, and participate in studies,
 16-1    investigations, and research relating to selection, preparation,
 16-2    construction, operation, maintenance, decommissioning, closing, and
 16-3    financing of disposal sites and disposal of low-level radioactive
 16-4    waste; and
 16-5                (4)  advise, consult, and cooperate with the federal
 16-6    government, the state, interstate agencies, local governmental
 16-7    entities in this state, and private entities.
 16-8          Sec. 402.081.  DISPOSAL SITE SELECTION STUDIES.  The
 16-9    authority shall make studies or contract for studies to be made of
16-10    the future requirements for disposal of low-level radioactive waste
16-11    in this state and to determine the areas of the state that are
16-12    relatively more suitable than others for low-level radioactive
16-13    waste disposal activities.
16-14          Sec. 402.082.  STUDY CRITERIA.  Studies required under
16-15    Section 402.081 must consider:
16-16                (1)  the volume of low-level radioactive waste
16-17    generated by type and source categories for the expected life of
16-18    the disposal site, including waste that may be generated from the
16-19    decommissioning of nuclear power plants located in this state;
16-20                (2)  geology;
16-21                (3)  topography;
16-22                (4)  transportation and access;
16-23                (5)  meteorology;
16-24                (6)  population density;
16-25                (7)  surface and subsurface hydrology;
16-26                (8)  flora and fauna;
16-27                (9)  current land use;
 17-1                (10)  criteria established by the commission for
 17-2    disposal site selection;
 17-3                (11)  the proximity of the disposal site to sources of
 17-4    low-level radioactive waste, including related transportation
 17-5    costs, to the extent that the proximity and transportation costs do
 17-6    not interfere with selection of a suitable disposal site for
 17-7    protecting public health and the environment;
 17-8                (12)  other disposal site characteristics that may need
 17-9    study on a preliminary basis and for which detailed study would be
17-10    required to prepare an application or license required for disposal
17-11    site operation; and
17-12                (13)  alternative management techniques, including
17-13    aboveground isolation facilities, waste processing and reduction at
17-14    the site of waste generation and at an authority management site,
17-15    and waste recycling.
17-16          Sec. 402.154.  TECHNIQUES FOR MANAGING LOW-LEVEL RADIOACTIVE
17-17    WASTE.  (a)  As a condition for obtaining a license, the authority
17-18    must submit to the commission or its designee evidence relating to
17-19    the reasonableness of any technique to be practiced at the proposed
17-20    disposal site for managing low-level radioactive waste.
17-21          (b)  Before determining the techniques to be used for
17-22    managing low-level radioactive waste, the authority shall study
17-23    alternative techniques, including:
17-24                (1)  waste processing and reduction at the site of
17-25    waste generation and at the disposal site; and
17-26                (2)  the use of aboveground isolation facilities.
17-27          SECTION 24.  Section 402.181(a), Health and Safety Code, is
 18-1    amended to read as follows:
 18-2          (a)  The authority shall construct all works and facilities
 18-3    on the disposal site and shall make improvements necessary to
 18-4    prepare for disposal and to permanently dispose of low-level
 18-5    radioactive waste.
 18-6          SECTION 25.  Section 402.182, Health and Safety Code, is
 18-7    amended to read as follows:
 18-8          Sec. 402.182.  DESIGN OF FACILITIES.  The board shall ensure
 18-9    that the design of facilities for low-level radioactive waste
18-10    disposal incorporates, as far as possible, safeguards against
18-11    hazards resulting from local meteorological conditions, including
18-12    phenomena such as hurricanes, tornados, earthquakes, earth tremors,
18-13    violent storms, and susceptibility to flooding.
18-14          SECTION 26.  Section 402.216(a), Health and Safety Code, is
18-15    amended to read as follows:
18-16          (a)  The board shall adopt rules governing:
18-17                (1)  the operation of disposal sites;
18-18                (2)  acceptance of low-level radioactive waste;
18-19                (3)  maintenance and monitoring of disposal sites; and
18-20                (4)  activities relating to the management and
18-21    operation of disposal sites.
18-22          SECTION 27.  Sections 402.217, 402.218, 402.219, 402.222,
18-23    402.223, and 402.225, Health and Safety Code, are amended to read
18-24    as follows:
18-25          Sec. 402.217.  DISPOSAL SITE ACTIVITIES.  (a)  The authority
18-26    may adopt any methods and techniques for permanent disposal that
18-27    comply with federal and state standards for low-level radioactive
 19-1    waste disposal and that protect the public health and safety and
 19-2    the environment.
 19-3          (b)  The authority may provide facilities at disposal sites
 19-4    for processing and packaging low-level radioactive waste for
 19-5    disposal.
 19-6          Sec. 402.218.  ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE.
 19-7    Subject to limitations provided by Section 402.219, each disposal
 19-8    site shall accept for disposal all low-level radioactive waste that
 19-9    is presented to it and that is properly  processed and packaged.
19-10          Sec. 402.219.  LIMITATIONS ON LOW-LEVEL RADIOACTIVE WASTE
19-11    DISPOSAL.  (a)  Except as provided by an interstate compact, a
19-12    disposal site may accept only low-level radioactive waste that is
19-13    generated in this state.
19-14          (b)  The board by rule shall exclude from a disposal site
19-15    certain types of low-level radioactive waste that are incompatible
19-16    with disposal operations.
19-17          (c)  The state may enter into compacts with another state or
19-18    several states for the disposal in this state of low-level
19-19    radioactive waste only if the compact:
19-20                (1)  limits the total volume of all low-level
19-21    radioactive waste to be disposed of in this state from the other
19-22    state or states to 20 percent of the annual average of low-level
19-23    radioactive waste that the governor projects will be produced in
19-24    this state from the years 1995 through 2045;
19-25                (2)  gives this state full administrative control over
19-26    management and operation of the disposal site;
19-27                (3)  requires the other state or states to join this
 20-1    state in any legal action necessary to prevent states that are not
 20-2    members of the compact from disposing of low-level radioactive
 20-3    waste at the disposal site;
 20-4                (4)  allows this state to charge a fee for the disposal
 20-5    of low-level radioactive waste at the disposal site;
 20-6                (5)  requires the other state or states to join in any
 20-7    legal action involving liability from the disposal site;
 20-8                (6)  requires the other state or states to share the
 20-9    full cost of constructing the disposal site;
20-10                (7)  allows this state to regulate, in accordance with
20-11    federal law, the means and routes of transportation of the
20-12    low-level radioactive waste in this state;
20-13                (8)  requires the other state or states to pay for
20-14    community assistance projects selected by the host county in an
20-15    amount not less than $1 million or 10 percent of the amount
20-16    contributed by the other state or states;
20-17                (9)  is agreed to by the Texas Legislature, the
20-18    legislature of the other state or states, and the United States
20-19    Congress; and
20-20                (10)  complies with all applicable federal law.
20-21          (d)  This section does not affect the ability of this state
20-22    to transfer low-level radioactive waste to another state.
20-23          (e)  If this state enters into a compact with another state
20-24    and the terms of the compact conflict with this section, the terms
20-25    of the compact control.
20-26          Sec. 402.222.  SHIPMENT OF LOW-LEVEL RADIOACTIVE WASTE.  (a)
20-27    On arrival of a shipment of low-level radioactive waste at a
 21-1    disposal site, the on-site operator or the operator's agent must
 21-2    determine that the waste complies with all laws, rules, and
 21-3    standards relating to processing and packaging of low-level
 21-4    radioactive waste before the waste is accepted for disposal at the
 21-5    disposal site.
 21-6          (b)  A person making a shipment of low-level radioactive
 21-7    waste that is in excess of 75 cubic feet shall give the on-site
 21-8    operator of the disposal site written notice of the shipment at
 21-9    least 72 hours before shipment to the disposal site begins.  The
21-10    written notice must contain information required by the board.
21-11          Sec. 402.223.  IMPROPERLY PROCESSED OR PACKAGED LOW-LEVEL
21-12    RADIOACTIVE WASTE.  (a)  If low-level radioactive waste that is not
21-13    properly processed or packaged arrives at a disposal site, the
21-14    on-site operator or the operator's agent shall properly process and
21-15    package the waste for disposal and charge the person making the
21-16    shipment the fee required by Section 402.274.
21-17          (b)  The on-site operator or the operator's agent shall
21-18    report to the federal and state agencies that establish rules and
21-19    standards for processing, packaging, and transporting low-level
21-20    radioactive waste any person who delivers to a disposal site
21-21    low-level radioactive waste that is not properly processed or
21-22    packaged.
21-23          Sec. 402.225.  BELOWGROUND DISPOSAL RESTRICTED.  Low-level
21-24    radioactive waste may not be disposed of in a landfill below the
21-25    natural level of a disposal site unless:
21-26                (1)  federal or state regulatory programs for low-level
21-27    radioactive waste preclude or recommend against aboveground
 22-1    disposal, or the authority has by rule determined that belowground
 22-2    disposal  provides greater protection than aboveground disposal for
 22-3    public health and the environment for the period for which the
 22-4    low-level waste will continue to pose a hazard to public health and
 22-5    the environment;
 22-6                (2)  the low-level radioactive waste is contained
 22-7    within a reinforced concrete barrier or within containment
 22-8    structures made of materials technologically equivalent or superior
 22-9    to reinforced concrete; and
22-10                (3)  the low-level radioactive waste is contained in
22-11    such a manner that it can be monitored and retrieved.
22-12          SECTION 28.  Section 402.226(b), Health and Safety Code, is
22-13    amended to read as follows:
22-14          (b)  In this section, "shallow land burial" and "improved
22-15    shallow land burial" mean disposal of low-level radioactive waste
22-16    in an earthen trench as the low-level radioactive waste is received
22-17    from the generator.
22-18          SECTION 29.  Section 402.227, Health and Safety Code, is
22-19    amended to read as follows:
22-20          Sec. 402.227.  PUBLIC UTILITY STORAGE FACILITIES.  Each
22-21    public utility that operates or constructs a nuclear power reactor
22-22    in this state shall provide storage facilities at the reactor site
22-23    sufficient to store the low-level radioactive waste generated by
22-24    five years of normal operations.
22-25          SECTION 30.  Sections 402.252(a) and (c), Health and Safety
22-26    Code, are amended to read as follows:
22-27          (a)  The board shall quarterly transfer money in the
 23-1    low-level radioactive waste fund generated by planning and
 23-2    implementation fee surcharges under Sections 402.2721(e) and (f),
 23-3    and that portion of waste disposal fees identifiable as adopted for
 23-4    the purposes of Sections 402.273(a)(3) and (b) to the commissioners
 23-5    court of the host county.
 23-6          (c)  Money received from the low-level radioactive waste fund
 23-7    under this section may be spent only for local public projects that
 23-8    are for the use and benefit of the public at large.  The board
 23-9    shall adopt guidelines for the expenditure of money received under
23-10    this section, and the commissioners court shall spend or disburse
23-11    the money for use according to those guidelines.
23-12          SECTION 31.  Sections 402.271 and 402.272, Health and Safety
23-13    Code, are amended to read as follows:
23-14          Sec. 402.271.  AUTHORITY'S EXPENSES.  The authority's
23-15    expenses shall be paid from:
23-16                (1)  waste disposal fees;
23-17                (2)  planning and implementation fees;
23-18                (3)  proceeds from the sale of bonds under Subchapter
23-19    K;
23-20                (4)  contributions from members of a low-level
23-21    radioactive waste compact entered into under Section 402.219(c);
23-22                (5)  [surcharge rebates made by the United States
23-23    Department of Energy pursuant to Pub.L. No. 99-240;]
23-24                [(6)]  appropriations made by the legislature; and
23-25                (6) [(7)]  other receipts, fees, and interest earned in
23-26    funds authorized by or collected under this subchapter and
23-27    deposited in the low-level radioactive waste fund.
 24-1          Sec. 402.272.  WASTE DISPOSAL FEES.  (a)  The board shall
 24-2    have collected a waste disposal fee to be paid by each person who
 24-3    delivers low-level radioactive waste to the authority for disposal.
 24-4          (b)  The board by rule shall adopt and periodically revise
 24-5    waste disposal fees according to a schedule that is based on the
 24-6    projected annual volume of low-level radioactive waste received,
 24-7    the relative hazard presented  by each type of low-level
 24-8    radioactive waste that is generated by the users of radioactive
 24-9    materials, and the costs identified in Section 402.273.
24-10          (c)  In determining relative hazard, the board shall consider
24-11    the radioactive, physical, and chemical properties of each type of
24-12    low-level radioactive waste.
24-13          SECTION 32.  Sections 402.2721(d) and (h), Health and Safety
24-14    Code, are amended to read as follows:
24-15          (d)  Fees established under this section shall:
24-16                (1)  [include minimum and maximum annual fees in an
24-17    amount of at least $5 million for the 1992-1993 biennium to pay for
24-18    the estimated costs of administering, implementing, and planning
24-19    the activities authorized by this chapter and shall] include at
24-20    least $5 million to reimburse the general revenue fund for
24-21    appropriations expended and incurred by the authority in selecting,
24-22    characterizing, and licensing a disposal site;
24-23                (2)  take into account[,] the projected annual volume
24-24    and the relative hazard presented by each type of low-level
24-25    radioactive waste generated;
24-26                (3)  be collected by the department as provided by
24-27    Subchapter H, Chapter 401;
 25-1                (4)  be deposited in the state treasury to the credit
 25-2    of the low-level radioactive waste fund[, except that at least $10
 25-3    million assessed and collected in the 1992-1993 biennium to
 25-4    reimburse the general revenue fund for expenses incurred prior to
 25-5    September 1, 1991, shall be deposited in the state treasury to the
 25-6    credit of the general revenue fund];
 25-7                (5)  be paid in four quarterly equal installments
 25-8    beginning on January 1, 1992, and annually thereafter; and
 25-9                (6)  expire on the date the authority begins operation
25-10    of a disposal facility.
25-11          (h)  In determining relative hazard, the board shall consider
25-12    the radioactive, physical, and chemical properties of each type of
25-13    low-level radioactive waste.
25-14          SECTION 33.  Sections 402.274 and 402.275, Health and Safety
25-15    Code, are amended to read as follows:
25-16          Sec. 402.274.  PROCESSING AND PACKAGING FEES.  The board by
25-17    rule shall adopt and periodically revise processing and packaging
25-18    fees according to a schedule that is based on the volume of
25-19    improperly processed or packaged low-level radioactive waste
25-20    delivered for disposal and on the cost to the authority for
25-21    properly processing and packaging the low-level radioactive waste
25-22    in compliance with federal and state standards.
25-23          Sec. 402.275.  LOW-LEVEL RADIOACTIVE WASTE FUND.  (a)  The
25-24    low-level radioactive waste fund is in the state treasury.
25-25          (b)  The fund is an interest-bearing fund. Interest earned on
25-26    money in the fund shall be deposited to the credit of the fund.
25-27          (c)  Money received by the authority, including waste
 26-1    disposal fees, planning and implementation fees, surcharges on
 26-2    planning and implementation fees, processing and packaging fees,
 26-3    civil penalties, [payments to the State of Texas under Public Law
 26-4    99-240,] and other receipts collected by the authority under this
 26-5    chapter shall be deposited to the credit of the low-level
 26-6    radioactive waste fund.
 26-7          (d)  Except as provided by Subsection (f), money in the
 26-8    low-level radioactive waste fund may be used to pay:
 26-9                (1)  operating and maintenance costs of the authority;
26-10                (2)  future costs of decommissioning, closing, and
26-11    postclosure maintenance and surveillance of the disposal site;
26-12                (3)  licensing fees and to provide security required by
26-13    the commission;
26-14                (4)  money judgments rendered against the authority
26-15    that are directed by a court of this state to be paid from this
26-16    fund;
26-17                (5)  expenses associated with implementation of the
26-18    rangeland and wildlife management plan;
26-19                (6)  funds for local public projects under Subchapter
26-20    I;
26-21                (7)  debt service and necessary fees and charges,
26-22    including insurance premiums and similar costs, associated with the
26-23    issuance and payment of bonds under Subchapter K; and
26-24                (8)  expenses for any other purpose under this chapter.
26-25          (e)  A payment for debt service and related costs under
26-26    Subsection (d)(7) has priority for payment from the low-level
26-27    radioactive waste fund over a payment for another expense
 27-1    authorized by  Subsection (d).
 27-2          (f)  [Payments to this state under Public Law 99-240 may be
 27-3    used only for the purposes stated in the federal law.]
 27-4          [(g)]  The authority may transfer money from the low-level
 27-5    radioactive waste fund to the radiation and perpetual care fund to
 27-6    make payments required by the commission under Section 401.303.
 27-7          SECTION 34.  Section 402.291(b), Health and Safety Code, is
 27-8    amended to read as follows:
 27-9          (b)  The bonds may not be a debt or pledge of the faith and
27-10    credit of the state, the authority, or a public entity, but shall
27-11    be payable from receipts collected by the authority and credited to
27-12    the low-level radioactive waste fund and pledged to the payment of
27-13    the bonds authorized under this subchapter.
27-14          SECTION 35.  Sections 401.003(20), 401.208, and 402.127,
27-15    Health and Safety Code, are repealed.
27-16          SECTION 36.  This Act takes effect September 1, 1999.
27-17          SECTION 37.  The importance of this legislation and the
27-18    crowded condition of the calendars in both houses create an
27-19    emergency and an imperative public necessity that the
27-20    constitutional rule requiring bills to be read on three several
27-21    days in each house be suspended, and this rule is hereby suspended.