1-1 By: Chisum (Senate Sponsor - Brown) H.B. No. 1172
1-2 (In the Senate - Received from the House April 23, 1999;
1-3 April 26, 1999, read first time and referred to Committee on
1-4 Natural Resources; May 14, 1999, reported favorably, as amended, by
1-5 the following vote: Yeas 5, Nays 0; May 14, 1999, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Brown
1-8 Amend H.B. 1172 by striking SECTION 32 of the bill and
1-9 substituting the following:
1-10 "SECTION 32. Section 402.2721, Health and Safety Code, is
1-11 amended by amending Subsections (d)-(g) and adding Subsection (i)
1-12 to read as follows:
1-13 (d) Fees established under this section shall:
1-14 (1) [include minimum and maximum annual fees in an
1-15 amount of at least $5 million for the 1992-1993 biennium to pay for
1-16 the estimated costs of administering, implementing, and planning
1-17 the activities authorized by this chapter and shall include at
1-18 least $5 million to reimburse the general revenue fund for
1-19 appropriations expended and incurred by the authority in selecting,
1-20 characterizing, and licensing a disposal site;]
1-21 [(2)] take into account[,] the projected annual volume
1-22 and the relative hazard presented by each type of low-level
1-23 radioactive waste generated;
1-24 (2) [(3)] be collected by the department as provided
1-25 by Subchapter H, Chapter 401;
1-26 (3) [(4)] be deposited in the state treasury to the
1-27 credit of the low-level radioactive waste fund[, except that at
1-28 least $10 million assessed and collected in the 1992-1993 biennium
1-29 to reimburse the general revenue fund for expenses incurred prior
1-30 to September 1, 1991, shall be deposited in the state treasury to
1-31 the credit of the general revenue fund];
1-32 (4) [(5)] be paid in four quarterly equal installments
1-33 beginning on January 1, 1992, and annually thereafter; and
1-34 (5) [(6)] expire on the date the authority begins
1-35 operation of a disposal facility.
1-36 (e) Fees established under this section may not:
1-37 (1) be assessed before the fiscal year following the
1-38 fiscal year in which the balance in the low-level radioactive waste
1-39 fund falls below $4 million;
1-40 (2) be assessed in an amount that would result in a
1-41 total amount of fees assessed that exceeds $3 million in any fiscal
1-42 biennium; or
1-43 (3) be collected at any time the low-level radioactive
1-44 waste fund balance is $9 million or more.
1-45 (f) For each [the 1996-1997] biennium [and subsequent
1-46 bienniums], the board shall assess a surcharge of 10 percent of the
1-47 fee established for the biennium.
1-48 [(f) For the 1994-1995 biennium only, the board shall assess
1-49 a surcharge of 10 percent of the fee established for the 1992-1993
1-50 biennium.]
1-51 (g) Surcharges assessed under Subsection [Subsections (e)
1-52 and] (f) shall be used to fund local public projects under
1-53 Subchapter I.
1-54 (h) In determining relative hazard, the board shall consider
1-55 the radioactive, physical, and chemical properties of each type of
1-56 low-level radioactive waste.
1-57 (i) On termination of the imposition of fees under
1-58 Subsection (d)(5), the balance of the low-level radioactive waste
1-59 fund attributable to planning and implementation fees shall be
1-60 transferred to a separate account in the fund and credited pro rata
1-61 to generators who have paid planning and implementation fees. A
1-62 generator who on the date the imposition of the fees is terminated
1-63 has paid all planning and implementation fees owed by the generator
1-64 under this section shall receive a credit equal to the amount of
1-65 the generator's pro rata share in the account established under
2-1 this section against waste disposal fees the generator is required
2-2 to pay under Section 402.272 until the balance of the generator's
2-3 pro rata share in the account is exhausted. A generator who on the
2-4 date the imposition of the fees is terminated owes planning and
2-5 implementation fees under this section is not eligible for the
2-6 credit."
2-7 COMMITTEE AMENDMENT NO. 2 By: Brown
2-8 Amend H.B. 1172 by striking SECTION 37 of the bill and
2-9 substituting the following:
2-10 "SECTION 37. Sections 401.003(20) and 402.127, Health and
2-11 Safety Code, are repealed."
2-12 A BILL TO BE ENTITLED
2-13 AN ACT
2-14 relating to the definition of low-level radioactive waste.
2-15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
2-16 SECTION 1. Sections 401.003(8), (16), and (19), Health and
2-17 Safety Code, are amended to read as follows:
2-18 (8) "Disposal" means, with regard to low-level
2-19 radioactive waste, isolation or removal of low-level radioactive
2-20 waste from mankind and mankind's environment without intent to
2-21 retrieve that low-level radioactive waste later. The term does not
2-22 include emissions and discharges under department rules.
2-23 (16) "Processing" means the storage, extraction of
2-24 material, transfer, volume reduction, compaction, or other
2-25 separation and preparation of low-level radioactive waste for reuse
2-26 or disposal, including a treatment or activity that renders the
2-27 waste less hazardous, safer for transport, or amenable to recovery,
2-28 storage, or disposal.
2-29 (19) "Radioactive substance" includes:
2-30 (A) by-product material;
2-31 (B) naturally occurring radioactive material
2-32 waste, excluding oil and gas NORM waste;
2-33 (C) radioactive material;
2-34 (D) low-level radioactive waste;
2-35 (E) source material;
2-36 (F) source of radiation; and
2-37 (G) special nuclear material.
2-38 SECTION 2. Subchapter A, Chapter 401, Health and Safety
2-39 Code, is amended by adding Sections 401.004 and 401.005 to read as
2-40 follows:
2-41 Sec. 401.004. LOW-LEVEL RADIOACTIVE WASTE DEFINED. (a)
2-42 Except as provided by Subsection (b), "low-level radioactive waste"
2-43 means radioactive material that:
2-44 (1) is discarded or unwanted and is not exempt by
2-45 board rule adopted under Section 401.106;
2-46 (2) is waste, as that term is defined by 10 C.F.R.
2-47 Section 61.2; and
2-48 (3) is subject to:
2-49 (A) concentration limits established under 10
2-50 C.F.R. Section 61.55, or compatible rules established by the
2-51 department or commission, as applicable; and
2-52 (B) disposal criteria established under Title
2-53 10, Code of Federal Regulations, or established by the department
2-54 or commission, as applicable.
2-55 (b) "Low-level radioactive waste" does not include:
2-56 (1) high-level radioactive waste as defined by 10
2-57 C.F.R. Section 60.2;
2-58 (2) spent nuclear fuel as defined by 10 C.F.R. Section
2-59 72.3;
2-60 (3) by-product material described by Section
2-61 401.003(3)(B);
2-62 (4) naturally occurring radioactive material waste
2-63 that is not oil and gas NORM waste; or
2-64 (5) oil and gas NORM waste.
2-65 Sec. 401.005. CODE OF FEDERAL REGULATIONS REFERENCES. A
3-1 reference in this chapter to the "C.F.R." or the "Code of Federal
3-2 Regulations" means the Code of Federal Regulations as it existed on
3-3 September 1, 1999.
3-4 SECTION 3. Sections 401.052(b), (d), and (e), Health and
3-5 Safety Code, are amended to read as follows:
3-6 (b) Rules adopted under this section for low-level
3-7 radioactive waste shall:
3-8 (1) to the extent practicable, be compatible with
3-9 United States Department of Transportation and United States
3-10 Nuclear Regulatory Commission regulations relating to the
3-11 transportation of low-level radioactive waste;
3-12 (2) require each shipper and transporter of low-level
3-13 radioactive waste to adopt an emergency plan approved by the
3-14 department for responding to transportation accidents;
3-15 (3) require the notification and reporting of
3-16 accidents to the department and to local emergency planning
3-17 committees in the county where the accident occurs;
3-18 (4) require each shipper to adopt a quality control
3-19 program approved by the department to verify that shipping
3-20 containers are suitable for shipment to a licensed disposal
3-21 facility; and
3-22 (5) assess a fee on shippers for shipments to a Texas
3-23 low-level radioactive waste disposal facility of low-level
3-24 radioactive waste originating in Texas or out-of-state.
3-25 (d)(1) Fees assessed under this section shall:
3-26 (A) not exceed $10 per cubic foot of shipped
3-27 low-level radioactive waste;
3-28 (B) be collected by the authority and deposited
3-29 to the credit of the radiation and perpetual care fund; and
3-30 (C) be used exclusively by the department for
3-31 emergency planning for and response to transportation accidents
3-32 involving low-level radioactive waste.
3-33 (2) Fee assessments under this section shall be
3-34 suspended when the amount of fees collected reaches $500,000,
3-35 except that if the balance of fees collected is reduced to $350,000
3-36 or less, the assessments shall be reinstituted to bring the balance
3-37 of fees collected to $500,000.
3-38 (e) Money expended from the radiation and perpetual care
3-39 fund to respond to accidents involving low-level radioactive waste
3-40 must be reimbursed to the radiation and perpetual care fund by the
3-41 responsible shipper or transporter according to rules adopted by
3-42 the board.
3-43 SECTION 4. Sections 401.053 and 401.061, Health and Safety
3-44 Code, are amended to read as follows:
3-45 Sec. 401.053. CLASSIFICATION SYSTEM FOR LOW-LEVEL
3-46 RADIOACTIVE WASTE. The department may establish a classification
3-47 system for low-level radioactive waste that is based on
3-48 radiological, chemical, and biological characteristics and on
3-49 physical state so that low-level radioactive waste can be managed
3-50 safely and compatibly.
3-51 Sec. 401.061. LOW-LEVEL RADIOACTIVE WASTE STUDIES. The
3-52 department and commission each within its jurisdiction shall
3-53 conduct studies of the need for low-level radioactive waste
3-54 processing and disposal facilities and technologies as the agency
3-55 considers necessary for minimizing the risks to the public and the
3-56 environment from low-level radioactive waste management.
3-57 SECTION 5. Section 401.111(a), Health and Safety Code, is
3-58 amended to read as follows:
3-59 (a) The board and commission each, in adopting rules for the
3-60 issuance of licenses under their respective jurisdictions for new
3-61 sites for processing or disposal of low-level radioactive waste
3-62 from other persons, shall adopt criteria for the designation of
3-63 unsuitable sites, including:
3-64 (1) flood hazard areas;
3-65 (2) areas with characteristics of discharge from or
3-66 recharge of a groundwater aquifer system; or
3-67 (3) areas in which soil conditions make spill cleanup
3-68 impracticable.
3-69 SECTION 6. Section 401.112, Health and Safety Code, is
4-1 amended to read as follows:
4-2 Sec. 401.112. LOW-LEVEL RADIOACTIVE WASTE PROCESSING OR
4-3 DISPOSAL LICENSE APPLICATION AND CONSIDERATIONS. (a) The
4-4 department or commission, within its jurisdiction, in making a
4-5 licensing decision on a specific license application to process or
4-6 dispose of low-level radioactive waste from other persons, shall
4-7 consider:
4-8 (1) site suitability, geological, hydrological, and
4-9 meteorological factors, and natural hazards;
4-10 (2) compatibility with present uses of land near the
4-11 site;
4-12 (3) socioeconomic effects on surrounding communities
4-13 of operation of the licensed activity and of associated
4-14 transportation of low-level radioactive waste [material];
4-15 (4) the need for and alternatives to the proposed
4-16 activity, including an alternative siting analysis prepared by the
4-17 applicant;
4-18 (5) the applicant's qualifications, including
4-19 financial, technical, and past operating practices;
4-20 (6) background monitoring plans for the proposed site;
4-21 (7) suitability of facilities associated with the
4-22 proposed activities;
4-23 (8) chemical, radiological, and biological
4-24 characteristics of the low-level radioactive waste and waste
4-25 classification under Section 401.053;
4-26 (9) adequate insurance of the applicant to cover
4-27 potential injury to any property or person, including potential
4-28 injury from risks relating to transportation;
4-29 (10) training programs for the applicant's employees;
4-30 (11) a monitoring, record-keeping, and reporting
4-31 program;
4-32 (12) spill detection and cleanup plans for the
4-33 licensed site and related to associated transportation of low-level
4-34 radioactive waste [material];
4-35 (13) decommissioning and postclosure care plans;
4-36 (14) security plans;
4-37 (15) worker monitoring and protection plans;
4-38 (16) emergency plans; and
4-39 (17) a monitoring program for applicants that includes
4-40 prelicense and postlicense monitoring of background radioactive and
4-41 chemical characteristics of the soils, groundwater, and vegetation.
4-42 (b) An applicant for the specific license must submit with
4-43 the application information necessary for the issuing agency to
4-44 consider the factors under Subsection (a).
4-45 (c) The board and commission each within its jurisdiction by
4-46 rule shall provide specific criteria for the different types of
4-47 licensed low-level radioactive waste activities for the listed
4-48 factors and may include additional factors and criteria that the
4-49 board or commission, as appropriate, determines necessary for full
4-50 consideration of a license.
4-51 SECTION 7. Section 401.113(c), Health and Safety Code, is
4-52 amended to read as follows:
4-53 (c) The analysis must include:
4-54 (1) an assessment of radiological and nonradiological
4-55 effects of the activity on the public health;
4-56 (2) an assessment of any effect on a waterway or
4-57 groundwater resulting from the activity;
4-58 (3) consideration of alternatives to the activities to
4-59 be conducted under the license; and
4-60 (4) consideration of the long-term effects associated
4-61 with activities, including decommissioning, decontamination, and
4-62 reclamation impacts, including the management of low-level
4-63 radioactive waste, to be conducted under the license.
4-64 SECTION 8. Section 401.114(a), Health and Safety Code, is
4-65 amended to read as follows:
4-66 (a) Before the department or commission, within its
4-67 jurisdiction, grants or renews a license to process or dispose of
4-68 low-level radioactive waste from other persons, the agency shall
4-69 give notice and shall provide an opportunity for a public hearing
5-1 in the manner provided by the agency's formal hearing procedure and
5-2 Chapter 2001, Government Code.
5-3 SECTION 9. Section 401.115, Health and Safety Code, is
5-4 amended to read as follows:
5-5 Sec. 401.115. LICENSES FROM OTHER AGENCIES. A holder of a
5-6 license to operate a facility to process or dispose of low-level
5-7 radioactive waste may not operate the facility until the holder has
5-8 obtained all other required licenses or permits from other
5-9 agencies.
5-10 SECTION 10. Section 401.116(a), Health and Safety Code, is
5-11 amended to read as follows:
5-12 (a) An amendment to a license to process or dispose of
5-13 low-level radioactive waste from other persons may take effect
5-14 immediately.
5-15 SECTION 11. Section 401.117, Health and Safety Code, is
5-16 amended to read as follows:
5-17 Sec. 401.117. CONSTRUCTION LIMITATION. The department or
5-18 commission shall prohibit major construction relating to activities
5-19 to be permitted under a license issued by the agency to process or
5-20 dispose of low-level radioactive waste from other persons until the
5-21 requirements in Sections 401.113 and 401.114 are completed.
5-22 SECTION 12. The heading to Subchapter E, Chapter 401, Health
5-23 and Safety Code, is amended to read as follows:
5-24 SUBCHAPTER E. MANAGEMENT OF LOW-LEVEL RADIOACTIVE WASTE
5-25 SECTION 13. Section 401.151, Health and Safety Code, is
5-26 amended to read as follows:
5-27 Sec. 401.151. COMPATIBILITY WITH FEDERAL STANDARDS. The
5-28 department and commission each shall assure that the management of
5-29 low-level radioactive waste under their respective jurisdictions is
5-30 compatible with applicable federal commission standards.
5-31 SECTION 14. Section 401.152(a), Health and Safety Code, is
5-32 amended to read as follows:
5-33 (a) If the department or commission, under procedures
5-34 provided by Section 401.056, finds that low-level radioactive waste
5-35 under its jurisdiction threatens the public health and safety and
5-36 the environment and that the license holder managing the low-level
5-37 radioactive waste is unable to remove the threat, the agency by
5-38 order may require any action, including a corrective measure, that
5-39 is necessary to remove the threat.
5-40 SECTION 15. Section 401.153(a), Health and Safety Code, is
5-41 amended to read as follows:
5-42 (a) The board by rule may prohibit a licensed low-level
5-43 radioactive waste processor from accepting for processing low-level
5-44 radioactive waste generated outside this state.
5-45 SECTION 16. The heading to Subchapter F, Chapter 401, Health
5-46 and Safety Code, is amended to read as follows:
5-47 SUBCHAPTER F. SPECIAL PROVISIONS CONCERNING LOW-LEVEL
5-48 RADIOACTIVE WASTE DISPOSAL
5-49 SECTION 17. Sections 401.201-401.205, Health and Safety
5-50 Code, are amended to read as follows:
5-51 Sec. 401.201. REGULATION OF LOW-LEVEL RADIOACTIVE WASTE
5-52 DISPOSAL. The commission shall directly regulate the disposal of
5-53 low-level radioactive waste. The person making the disposal shall
5-54 comply with commission rules.
5-55 Sec. 401.202. LICENSING AUTHORITY. The commission or
5-56 department, within its respective jurisdiction, shall grant, deny,
5-57 renew, revoke, suspend, or withdraw licenses for the disposal of
5-58 low-level radioactive waste from other persons and for the
5-59 processing of that waste.
5-60 Sec. 401.203. LICENSE RESTRICTED TO PUBLIC ENTITY. A
5-61 low-level radioactive waste disposal license may be issued only to
5-62 a public entity specifically authorized by law for low-level
5-63 radioactive waste disposal.
5-64 Sec. 401.204. ACQUISITION OF PROPERTY. An application for a
5-65 license to dispose of low-level radioactive waste from other
5-66 persons may not be considered unless the applicant has acquired the
5-67 title to and any interest in land and buildings as required by
5-68 commission rule.
5-69 Sec. 401.205. RESPONSIBILITIES OF PERSONS LICENSED TO
6-1 DISPOSE OF LOW-LEVEL RADIOACTIVE WASTE. A person who is licensed
6-2 to dispose of low-level radioactive waste from other persons shall:
6-3 (1) arrange for and pay the costs of management,
6-4 control, stabilization, and disposal of low-level radioactive waste
6-5 and the decommissioning of the licensed activity;
6-6 (2) convey to the state when the license is issued all
6-7 right, title, and interest in land and buildings acquired under
6-8 commission rules, together with requisite rights of access to that
6-9 property; and
6-10 (3) formally acknowledge before termination of the
6-11 license the conveyance to the state of the right, title, and
6-12 interest in low-level radioactive waste located on the property
6-13 conveyed.
6-14 SECTION 18. Section 401.206(a), Health and Safety Code, is
6-15 amended to read as follows:
6-16 (a) The holder of a license to dispose of low-level
6-17 radioactive waste from other persons shall reimburse the commission
6-18 for the salary and other expenses of a resident inspector employed
6-19 by the commission.
6-20 SECTION 19. Sections 401.207 and 401.209-401.213, Health and
6-21 Safety Code, are amended to read as follows:
6-22 Sec. 401.207. OUT-OF-STATE WASTE. A license holder may not
6-23 accept low-level radioactive waste generated in another state for
6-24 processing or disposal under a license issued by the commission
6-25 unless the waste is:
6-26 (1) accepted under a compact to which the state is a
6-27 contracting party;
6-28 (2) from a state having an operating low-level
6-29 radioactive waste disposal site at which that state is willing to
6-30 accept low-level radioactive waste generated in this state; or
6-31 (3) generated from manufactured sources or devices
6-32 originating in this state.
6-33 Sec. 401.209. ACQUISITION AND OPERATION OF LOW-LEVEL
6-34 RADIOACTIVE WASTE DISPOSAL SITES. (a) The commission may acquire
6-35 the fee simple title in land, affected mineral rights, and
6-36 buildings at which low-level radioactive waste can be or is being
6-37 disposed of in a manner consistent with public health and safety
6-38 and the environment.
6-39 (b) Property acquired under this section may be used only
6-40 for disposing of low-level radioactive waste until the commission
6-41 determines that another use would not endanger the health, safety,
6-42 or general welfare of the public or the environment.
6-43 (c) The commission may lease property acquired under this
6-44 section for operating disposal sites for low-level radioactive
6-45 waste.
6-46 (d) The right, title, and interest in low-level radioactive
6-47 waste accepted for disposal at property and facilities acquired
6-48 under this section and any other interest acquired under this
6-49 chapter are the property of the commission, acting on behalf of the
6-50 state, and shall be administered and controlled by the commission
6-51 in the name of the state.
6-52 (e) A right, title, or interest acquired under this chapter
6-53 does not vest in any fund created by the Texas Constitution.
6-54 Sec. 401.210. TRANSFER COSTS OF PROPERTY. Low-level
6-55 radioactive [Radioactive] waste and land and buildings transferred
6-56 to the state under this chapter shall be transferred to the state
6-57 without cost, other than administrative and legal costs incurred in
6-58 making the transfer.
6-59 Sec. 401.211. LIABILITY. The transfer to the state of the
6-60 title to low-level radioactive waste and land and buildings does
6-61 not relieve a license holder of liability for any fraudulent or
6-62 negligent acts performed before the transfer or while the low-level
6-63 radioactive waste or land and buildings are in the possession and
6-64 control of the license holder.
6-65 Sec. 401.212. MONITORING, MAINTENANCE, AND EMERGENCY
6-66 MEASURES. The commission may undertake monitoring, maintenance,
6-67 and emergency measures that are necessary to protect the public
6-68 health and safety and the environment in connection with low-level
6-69 radioactive waste and property for which it has assumed custody.
7-1 Sec. 401.213. INTERSTATE COMPACTS. The commission shall
7-2 cooperate with and encourage the use of interstate compacts,
7-3 including the Southern States Energy Board, to develop regional
7-4 sites that divide among the states the disposal burden of low-level
7-5 radioactive waste generated in the region.
7-6 SECTION 20. Section 401.301(b), Health and Safety Code, is
7-7 amended to read as follows:
7-8 (b) The board by rule shall set the fee in an amount that
7-9 may not exceed the actual expenses annually incurred to:
7-10 (1) process applications for licenses or
7-11 registrations;
7-12 (2) amend or renew licenses or registrations;
7-13 (3) make inspections of license holders and
7-14 registrants;
7-15 (4) enforce this chapter and rules, orders, licenses,
7-16 and registrations under this chapter; and
7-17 (5) collect payments to the low-level radioactive
7-18 waste fund and general revenue as provided by Section 402.2721.
7-19 SECTION 21. Section 401.306, Health and Safety Code, is
7-20 amended to read as follows:
7-21 Sec. 401.306. LOW-LEVEL RADIOACTIVE WASTE FUND. (a) The
7-22 department shall collect a planning and implementation fee in an
7-23 amount as determined by Section 402.2721.
7-24 (b) Fees collected under this section shall be deposited in
7-25 the state treasury to the credit of the low-level radioactive waste
7-26 fund, except that at least $5 million for operating, planning, and
7-27 implementation and $10 million assessed and collected to reimburse
7-28 the general revenue fund for expenses incurred prior to September
7-29 1, 1991, shall be deposited in the state treasury to the credit of
7-30 the general revenue fund.
7-31 SECTION 22. Sections 402.003(5), (6), and (8), Health and
7-32 Safety Code, are amended to read as follows:
7-33 (5) "Disposal site" means the property and facilities
7-34 acquired, constructed, and owned by the authority at which
7-35 low-level radioactive waste can be processed and disposed of
7-36 permanently.
7-37 (6) "Low-level radioactive waste" has the meaning
7-38 assigned by Section 401.004 [means radioactive material that has a
7-39 half-life of 35 years or less or fewer than 10 nanocuries per gram
7-40 of transuranics, and may include radioactive material not excluded
7-41 by this subdivision with a half-life of more than 35 years if
7-42 special criteria for disposal of that waste are established by the
7-43 commission. The term does not include irradiated reactor fuel and
7-44 high-level radioactive waste as defined by Title 10, Code of
7-45 Federal Regulations].
7-46 (8) "Operation" means the control, supervision, and
7-47 implementation of the actual physical activities involved in the
7-48 receipt, processing, packaging, storage, disposal, and monitoring
7-49 of low-level radioactive waste at a disposal site, the maintenance
7-50 of a disposal site, and any other responsibilities designated by
7-51 the board as part of the operation.
7-52 SECTION 23. Sections 402.014, 402.052, 402.053, 402.081,
7-53 402.082, and 402.154, Health and Safety Code, are amended to read
7-54 as follows:
7-55 Sec. 402.014. SPECIAL LIMITATIONS ON PUBLIC MEMBERS. A
7-56 member of the board who represents the public or a person related
7-57 within the second degree by affinity or within the third degree by
7-58 consanguinity, as determined under Chapter 573, Government Code, to
7-59 that member may not be an employee of or otherwise have a financial
7-60 interest in any person who has a contract with or who uses the
7-61 services of a site in the United States for storing, processing, or
7-62 disposing of low-level radioactive waste.
7-63 Sec. 402.052. DEVELOPMENT AND OPERATION OF DISPOSAL SITE.
7-64 The authority shall develop and operate one disposal site for the
7-65 disposal of low-level radioactive waste in this state.
7-66 Sec. 402.053. GENERAL POWERS. To carry out this chapter,
7-67 the authority may:
7-68 (1) apply for, receive, accept, and administer gifts,
7-69 grants, and other funds available from any source;
8-1 (2) contract with the federal government, the state,
8-2 interstate agencies, local governmental entities, and private
8-3 entities to carry out this chapter and rules, standards, and orders
8-4 adopted under this chapter;
8-5 (3) conduct, request, and participate in studies,
8-6 investigations, and research relating to selection, preparation,
8-7 construction, operation, maintenance, decommissioning, closing, and
8-8 financing of disposal sites and disposal of low-level radioactive
8-9 waste; and
8-10 (4) advise, consult, and cooperate with the federal
8-11 government, the state, interstate agencies, local governmental
8-12 entities in this state, and private entities.
8-13 Sec. 402.081. DISPOSAL SITE SELECTION STUDIES. The
8-14 authority shall make studies or contract for studies to be made of
8-15 the future requirements for disposal of low-level radioactive waste
8-16 in this state and to determine the areas of the state that are
8-17 relatively more suitable than others for low-level radioactive
8-18 waste disposal activities.
8-19 Sec. 402.082. STUDY CRITERIA. Studies required under
8-20 Section 402.081 must consider:
8-21 (1) the volume of low-level radioactive waste
8-22 generated by type and source categories for the expected life of
8-23 the disposal site, including waste that may be generated from the
8-24 decommissioning of nuclear power plants located in this state;
8-25 (2) geology;
8-26 (3) topography;
8-27 (4) transportation and access;
8-28 (5) meteorology;
8-29 (6) population density;
8-30 (7) surface and subsurface hydrology;
8-31 (8) flora and fauna;
8-32 (9) current land use;
8-33 (10) criteria established by the commission for
8-34 disposal site selection;
8-35 (11) the proximity of the disposal site to sources of
8-36 low-level radioactive waste, including related transportation
8-37 costs, to the extent that the proximity and transportation costs do
8-38 not interfere with selection of a suitable disposal site for
8-39 protecting public health and the environment;
8-40 (12) other disposal site characteristics that may need
8-41 study on a preliminary basis and for which detailed study would be
8-42 required to prepare an application or license required for disposal
8-43 site operation; and
8-44 (13) alternative management techniques, including
8-45 aboveground isolation facilities, waste processing and reduction at
8-46 the site of waste generation and at an authority management site,
8-47 and waste recycling.
8-48 Sec. 402.154. TECHNIQUES FOR MANAGING LOW-LEVEL RADIOACTIVE
8-49 WASTE. (a) As a condition for obtaining a license, the authority
8-50 must submit to the commission or its designee evidence relating to
8-51 the reasonableness of any technique to be practiced at the proposed
8-52 disposal site for managing low-level radioactive waste.
8-53 (b) Before determining the techniques to be used for
8-54 managing low-level radioactive waste, the authority shall study
8-55 alternative techniques, including:
8-56 (1) waste processing and reduction at the site of
8-57 waste generation and at the disposal site; and
8-58 (2) the use of aboveground isolation facilities.
8-59 SECTION 24. Section 402.181(a), Health and Safety Code, is
8-60 amended to read as follows:
8-61 (a) The authority shall construct all works and facilities
8-62 on the disposal site and shall make improvements necessary to
8-63 prepare for disposal and to permanently dispose of low-level
8-64 radioactive waste.
8-65 SECTION 25. Section 402.182, Health and Safety Code, is
8-66 amended to read as follows:
8-67 Sec. 402.182. DESIGN OF FACILITIES. The board shall ensure
8-68 that the design of facilities for low-level radioactive waste
8-69 disposal incorporates, as far as possible, safeguards against
9-1 hazards resulting from local meteorological conditions, including
9-2 phenomena such as hurricanes, tornados, earthquakes, earth tremors,
9-3 violent storms, and susceptibility to flooding.
9-4 SECTION 26. Section 402.216(a), Health and Safety Code, is
9-5 amended to read as follows:
9-6 (a) The board shall adopt rules governing:
9-7 (1) the operation of disposal sites;
9-8 (2) acceptance of low-level radioactive waste;
9-9 (3) maintenance and monitoring of disposal sites; and
9-10 (4) activities relating to the management and
9-11 operation of disposal sites.
9-12 SECTION 27. Sections 402.217, 402.218, 402.219, 402.222,
9-13 402.223, and 402.225, Health and Safety Code, are amended to read
9-14 as follows:
9-15 Sec. 402.217. DISPOSAL SITE ACTIVITIES. (a) The authority
9-16 may adopt any methods and techniques for permanent disposal that
9-17 comply with federal and state standards for low-level radioactive
9-18 waste disposal and that protect the public health and safety and
9-19 the environment.
9-20 (b) The authority may provide facilities at disposal sites
9-21 for processing and packaging low-level radioactive waste for
9-22 disposal.
9-23 Sec. 402.218. ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE.
9-24 Subject to limitations provided by Section 402.219, each disposal
9-25 site shall accept for disposal all low-level radioactive waste that
9-26 is presented to it and that is properly processed and packaged.
9-27 Sec. 402.219. LIMITATIONS ON LOW-LEVEL RADIOACTIVE WASTE
9-28 DISPOSAL. (a) Except as provided by an interstate compact, a
9-29 disposal site may accept only low-level radioactive waste that is
9-30 generated in this state.
9-31 (b) The board by rule shall exclude from a disposal site
9-32 certain types of low-level radioactive waste that are incompatible
9-33 with disposal operations.
9-34 (c) The state may enter into compacts with another state or
9-35 several states for the disposal in this state of low-level
9-36 radioactive waste only if the compact:
9-37 (1) limits the total volume of all low-level
9-38 radioactive waste to be disposed of in this state from the other
9-39 state or states to 20 percent of the annual average of low-level
9-40 radioactive waste that the governor projects will be produced in
9-41 this state from the years 1995 through 2045;
9-42 (2) gives this state full administrative control over
9-43 management and operation of the disposal site;
9-44 (3) requires the other state or states to join this
9-45 state in any legal action necessary to prevent states that are not
9-46 members of the compact from disposing of low-level radioactive
9-47 waste at the disposal site;
9-48 (4) allows this state to charge a fee for the disposal
9-49 of low-level radioactive waste at the disposal site;
9-50 (5) requires the other state or states to join in any
9-51 legal action involving liability from the disposal site;
9-52 (6) requires the other state or states to share the
9-53 full cost of constructing the disposal site;
9-54 (7) allows this state to regulate, in accordance with
9-55 federal law, the means and routes of transportation of the
9-56 low-level radioactive waste in this state;
9-57 (8) requires the other state or states to pay for
9-58 community assistance projects selected by the host county in an
9-59 amount not less than $1 million or 10 percent of the amount
9-60 contributed by the other state or states;
9-61 (9) is agreed to by the Texas Legislature, the
9-62 legislature of the other state or states, and the United States
9-63 Congress; and
9-64 (10) complies with all applicable federal law.
9-65 (d) This section does not affect the ability of this state
9-66 to transfer low-level radioactive waste to another state.
9-67 (e) If this state enters into a compact with another state
9-68 and the terms of the compact conflict with this section, the terms
9-69 of the compact control.
10-1 Sec. 402.222. SHIPMENT OF LOW-LEVEL RADIOACTIVE WASTE. (a)
10-2 On arrival of a shipment of low-level radioactive waste at a
10-3 disposal site, the on-site operator or the operator's agent must
10-4 determine that the waste complies with all laws, rules, and
10-5 standards relating to processing and packaging of low-level
10-6 radioactive waste before the waste is accepted for disposal at the
10-7 disposal site.
10-8 (b) A person making a shipment of low-level radioactive
10-9 waste that is in excess of 75 cubic feet shall give the on-site
10-10 operator of the disposal site written notice of the shipment at
10-11 least 72 hours before shipment to the disposal site begins. The
10-12 written notice must contain information required by the board.
10-13 Sec. 402.223. IMPROPERLY PROCESSED OR PACKAGED LOW-LEVEL
10-14 RADIOACTIVE WASTE. (a) If low-level radioactive waste that is not
10-15 properly processed or packaged arrives at a disposal site, the
10-16 on-site operator or the operator's agent shall properly process and
10-17 package the waste for disposal and charge the person making the
10-18 shipment the fee required by Section 402.274.
10-19 (b) The on-site operator or the operator's agent shall
10-20 report to the federal and state agencies that establish rules and
10-21 standards for processing, packaging, and transporting low-level
10-22 radioactive waste any person who delivers to a disposal site
10-23 low-level radioactive waste that is not properly processed or
10-24 packaged.
10-25 Sec. 402.225. BELOWGROUND DISPOSAL RESTRICTED. Low-level
10-26 radioactive waste may not be disposed of in a landfill below the
10-27 natural level of a disposal site unless:
10-28 (1) federal or state regulatory programs for low-level
10-29 radioactive waste preclude or recommend against aboveground
10-30 disposal, or the authority has by rule determined that belowground
10-31 disposal provides greater protection than aboveground disposal for
10-32 public health and the environment for the period for which the
10-33 low-level waste will continue to pose a hazard to public health and
10-34 the environment;
10-35 (2) the low-level radioactive waste is contained
10-36 within a reinforced concrete barrier or within containment
10-37 structures made of materials technologically equivalent or superior
10-38 to reinforced concrete; and
10-39 (3) the low-level radioactive waste is contained in
10-40 such a manner that it can be monitored and retrieved.
10-41 SECTION 28. Section 402.226(b), Health and Safety Code, is
10-42 amended to read as follows:
10-43 (b) In this section, "shallow land burial" and "improved
10-44 shallow land burial" mean disposal of low-level radioactive waste
10-45 in an earthen trench as the low-level radioactive waste is received
10-46 from the generator.
10-47 SECTION 29. Section 402.227, Health and Safety Code, is
10-48 amended to read as follows:
10-49 Sec. 402.227. PUBLIC UTILITY STORAGE FACILITIES. Each
10-50 public utility that operates or constructs a nuclear power reactor
10-51 in this state shall provide storage facilities at the reactor site
10-52 sufficient to store the low-level radioactive waste generated by
10-53 five years of normal operations.
10-54 SECTION 30. Sections 402.252(a) and (c), Health and Safety
10-55 Code, are amended to read as follows:
10-56 (a) The board shall quarterly transfer money in the
10-57 low-level radioactive waste fund generated by planning and
10-58 implementation fee surcharges under Sections 402.2721(e) and (f),
10-59 and that portion of waste disposal fees identifiable as adopted for
10-60 the purposes of Sections 402.273(a)(3) and (b) to the commissioners
10-61 court of the host county.
10-62 (c) Money received from the low-level radioactive waste fund
10-63 under this section may be spent only for local public projects that
10-64 are for the use and benefit of the public at large. The board
10-65 shall adopt guidelines for the expenditure of money received under
10-66 this section, and the commissioners court shall spend or disburse
10-67 the money for use according to those guidelines.
10-68 SECTION 31. Sections 402.271 and 402.272, Health and Safety
10-69 Code, are amended to read as follows:
11-1 Sec. 402.271. AUTHORITY'S EXPENSES. The authority's
11-2 expenses shall be paid from:
11-3 (1) waste disposal fees;
11-4 (2) planning and implementation fees;
11-5 (3) proceeds from the sale of bonds under Subchapter
11-6 K;
11-7 (4) contributions from members of a low-level
11-8 radioactive waste compact entered into under Section 402.219(c);
11-9 (5) [surcharge rebates made by the United States
11-10 Department of Energy pursuant to Pub.L. No. 99-240;]
11-11 [(6)] appropriations made by the legislature; and
11-12 (6) [(7)] other receipts, fees, and interest earned in
11-13 funds authorized by or collected under this subchapter and
11-14 deposited in the low-level radioactive waste fund.
11-15 Sec. 402.272. WASTE DISPOSAL FEES. (a) The board shall
11-16 have collected a waste disposal fee to be paid by each person who
11-17 delivers low-level radioactive waste to the authority for disposal.
11-18 (b) The board by rule shall adopt and periodically revise
11-19 waste disposal fees according to a schedule that is based on the
11-20 projected annual volume of low-level radioactive waste received,
11-21 the relative hazard presented by each type of low-level
11-22 radioactive waste that is generated by the users of radioactive
11-23 materials, and the costs identified in Section 402.273.
11-24 (c) In determining relative hazard, the board shall consider
11-25 the radioactive, physical, and chemical properties of each type of
11-26 low-level radioactive waste.
11-27 SECTION 32. Sections 402.2721(d) and (h), Health and Safety
11-28 Code, are amended to read as follows:
11-29 (d) Fees established under this section shall:
11-30 (1) [include minimum and maximum annual fees in an
11-31 amount of at least $5 million for the 1992-1993 biennium to pay for
11-32 the estimated costs of administering, implementing, and planning
11-33 the activities authorized by this chapter and shall include at
11-34 least $5 million to reimburse the general revenue fund for
11-35 appropriations expended and incurred by the authority in selecting,
11-36 characterizing, and licensing a disposal site;]
11-37 [(2)] take into account[,] the projected annual volume
11-38 and the relative hazard presented by each type of low-level
11-39 radioactive waste generated;
11-40 (2) [(3)] be collected by the department as provided
11-41 by Subchapter H, Chapter 401;
11-42 (3) [(4)] be deposited in the state treasury to the
11-43 credit of the low-level radioactive waste fund[, except that at
11-44 least $10 million assessed and collected in the 1992-1993 biennium
11-45 to reimburse the general revenue fund for expenses incurred prior
11-46 to September 1, 1991, shall be deposited in the state treasury to
11-47 the credit of the general revenue fund];
11-48 (4) [(5)] be paid in four quarterly equal installments
11-49 beginning on January 1, 1992, and annually thereafter; and
11-50 (5) [(6)] expire on the date the authority begins
11-51 operation of a disposal facility.
11-52 (h) In determining relative hazard, the board shall consider
11-53 the radioactive, physical, and chemical properties of each type of
11-54 low-level radioactive waste.
11-55 SECTION 33. Sections 402.274 and 402.275, Health and Safety
11-56 Code, are amended to read as follows:
11-57 Sec. 402.274. PROCESSING AND PACKAGING FEES. The board by
11-58 rule shall adopt and periodically revise processing and packaging
11-59 fees according to a schedule that is based on the volume of
11-60 improperly processed or packaged low-level radioactive waste
11-61 delivered for disposal and on the cost to the authority for
11-62 properly processing and packaging the low-level radioactive waste
11-63 in compliance with federal and state standards.
11-64 Sec. 402.275. LOW-LEVEL RADIOACTIVE WASTE FUND. (a) The
11-65 low-level radioactive waste fund is in the state treasury.
11-66 (b) The fund is an interest-bearing fund. Interest earned on
11-67 money in the fund shall be deposited to the credit of the fund.
11-68 (c) Money received by the authority, including waste
11-69 disposal fees, planning and implementation fees, surcharges on
12-1 planning and implementation fees, processing and packaging fees,
12-2 civil penalties, [payments to the State of Texas under Public Law
12-3 99-240,] and other receipts collected by the authority under this
12-4 chapter shall be deposited to the credit of the low-level
12-5 radioactive waste fund.
12-6 (d) Except as provided by Subsection (f), money in the
12-7 low-level radioactive waste fund may be used to pay:
12-8 (1) operating and maintenance costs of the authority;
12-9 (2) future costs of decommissioning, closing, and
12-10 postclosure maintenance and surveillance of the disposal site;
12-11 (3) licensing fees and to provide security required by
12-12 the commission;
12-13 (4) money judgments rendered against the authority
12-14 that are directed by a court of this state to be paid from this
12-15 fund;
12-16 (5) expenses associated with implementation of the
12-17 rangeland and wildlife management plan;
12-18 (6) funds for local public projects under Subchapter
12-19 I;
12-20 (7) debt service and necessary fees and charges,
12-21 including insurance premiums and similar costs, associated with the
12-22 issuance and payment of bonds under Subchapter K; and
12-23 (8) expenses for any other purpose under this chapter.
12-24 (e) A payment for debt service and related costs under
12-25 Subsection (d)(7) has priority for payment from the low-level
12-26 radioactive waste fund over a payment for another expense
12-27 authorized by Subsection (d).
12-28 (f) [Payments to this state under Public Law 99-240 may be
12-29 used only for the purposes stated in the federal law.]
12-30 [(g)] The authority may transfer money from the low-level
12-31 radioactive waste fund to the radiation and perpetual care fund to
12-32 make payments required by the commission under Section 401.303.
12-33 SECTION 34. Section 402.291(b), Health and Safety Code, is
12-34 amended to read as follows:
12-35 (b) The bonds may not be a debt or pledge of the faith and
12-36 credit of the state, the authority, or a public entity, but shall
12-37 be payable from receipts collected by the authority and credited to
12-38 the low-level radioactive waste fund and pledged to the payment of
12-39 the bonds authorized under this subchapter.
12-40 SECTION 35. Section 401.383, Health and Safety Code, is
12-41 amended to read as follows:
12-42 Sec. 401.383. CRIMINAL PENALTY FOR CERTAIN ACTS RELATED TO
12-43 LOW-LEVEL RADIOACTIVE WASTE. (a) A person commits an offense if
12-44 the person intentionally or knowingly receives, processes,
12-45 concentrates, stores, transports, or disposes of low-level
12-46 radioactive waste without a license issued this chapter.
12-47 (b) An offense under this section is a Class A misdemeanor,
12-48 unless it is shown at the trial of the person that the person has
12-49 been previously convicted of an offense under this section, in
12-50 which event the offense is punishable by a fine of not less than
12-51 $2,000 or more than $100,000, confinement in the county jail for
12-52 not more than one year, or both.
12-53 SECTION 36. Section 7.184, Water Code, is amended to read as
12-54 follows:
12-55 Sec. 7.184. VIOLATIONS RELATING TO LOW-LEVEL RADIOACTIVE
12-56 WASTE. (a) A person commits an offense if the person:
12-57 (1) intentionally or knowingly violates a provision of
12-58 Chapter 401, Health and Safety Code, other than the offense
12-59 described by Subdivision (2); or
12-60 (2) intentionally or knowingly receives, processes,
12-61 concentrates, stores, transports, or disposes of low-level
12-62 radioactive waste without a license issued under Chapter 401,
12-63 Health and Safety Code.
12-64 (b) Except as provided by this subsection, an offense under
12-65 Subsection (a)(1) is a Class B misdemeanor. If it is shown on the
12-66 trial of the person that the person has previously been convicted
12-67 of an offense under Subsection (a)(1), the offense is a Class A
12-68 misdemeanor.
12-69 (c) Except as provided by this subsection, an offense under
13-1 Subsection (a)(2) is a Class A misdemeanor. If it is shown on the
13-2 trial of the person that the person has previously been convicted
13-3 of an offense under Subsection (a)(2), the offense is punishable
13-4 under Section 7.187(1)(D) or Section 7.187(2)(D) or both.
13-5 SECTION 37. Sections 401.003(20), 401.208, and 402.127,
13-6 Health and Safety Code, are repealed.
13-7 SECTION 38. This Act takes effect September 1, 1999.
13-8 SECTION 39. The importance of this legislation and the
13-9 crowded condition of the calendars in both houses create an
13-10 emergency and an imperative public necessity that the
13-11 constitutional rule requiring bills to be read on three several
13-12 days in each house be suspended, and this rule is hereby suspended.
13-13 * * * * *