By Chisum                                             H.B. No. 1910
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the disposal or assured isolation of low-level
 1-3     radioactive waste and to the transfer of certain land purchased for
 1-4     a disposal site.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter F, Chapter 401, Health and Safety
 1-7     Code, is amended by adding Section 401.214 to read as follows:
 1-8           Sec. 401.214.  REPORTING LOW-LEVEL RADIOACTIVE WASTE
 1-9     DISPOSAL.  (a)  On the request of a member of the legislature the
1-10     department shall report to the legislature the location, character,
1-11     and amount of low-level radioactive waste stored or disposed of in
1-12     the state.
1-13           (b)  The department shall post on the Internet information
1-14     regarding the location, character, and amount of low-level
1-15     radioactive waste stored or disposed of in the state and update the
1-16     information at least annually.
1-17           SECTION 2.  Section 402.001, Health and Safety Code, is
1-18     amended to read as follows:
1-19           Sec. 402.001.  SHORT TITLE.  This chapter may be cited as the
1-20     Texas Low-Level Radioactive Waste Management [Disposal] Authority
1-21     Act.
1-22           SECTION 3.  Section 402.002, Health and Safety Code, is
1-23     amended to read as follows:
1-24           Sec. 402.002.  FINDINGS; PURPOSE.  (a)  Low-level radioactive
 2-1     waste is generated as a by-product of medical, research, and
 2-2     industrial activities and through the operation of nuclear power
 2-3     plants.  Loss of capability to manage [dispose of] low-level
 2-4     radioactive waste would threaten the health and welfare of the
 2-5     citizens of this state and would ultimately lead to the loss of the
 2-6     benefits of those activities that are dependent on reliable
 2-7     facilities for low-level radioactive waste management [disposal].
 2-8           (b)  This state is currently dependent on low-level
 2-9     radioactive waste disposal sites in other states.  Events have
2-10     demonstrated that the availability of those sites for the
2-11     management of low-level radioactive waste [disposal] is
2-12     increasingly uncertain and as a consequence, medical institutions,
2-13     research facilities, and industries in this state could be
2-14     adversely affected.
2-15           (c)  The purpose of this chapter is to establish the Texas
2-16     Low-Level Radioactive Waste Management [Disposal] Authority with
2-17     responsibility for assuring necessary disposal or assured isolation
2-18     capability for specific categories of low-level radioactive waste.
2-19           SECTION 4.  Section 402.003, Health and Safety Code, is
2-20     amended to read as follows:
2-21           Sec. 402.003.  DEFINITIONS.  In this chapter:
2-22                 (1)  "Assured isolation" means an integrated management
2-23     system for isolating low-level radioactive waste, with the intent
2-24     of long-term management and disposal of the low-level radioactive
2-25     waste,  through robust, accessible facilities, planned preventive
2-26     maintenance, and sureties adequate to address contingencies or
2-27     implement future management alternatives.
 3-1                 (2)  "Assured isolation site" means the property and
 3-2     facilities acquired, constructed, and owned by the authority at
 3-3     which low-level radioactive waste can be placed in above-grade,
 3-4     concrete vaults designed to isolate low-level radioactive waste
 3-5     with the intent of long-term management and disposal of low-level
 3-6     radioactive waste and featuring accessibility, planned preventive
 3-7     maintenance, and sureties adequate to address contingencies or
 3-8     future management alternatives.
 3-9                 (3) [(1)]  "Authority" means the Texas Low-Level
3-10     Radioactive Waste Management [Disposal] Authority.
3-11                 (4) [(2)]  "Board" means the board of directors of the
3-12     authority.
3-13                 (5)  "Compact" means the Texas Low-Level Radioactive
3-14     Waste Disposal Compact under Section 403.006.
3-15                 (6) [(3)]  "Contract operator" means a political
3-16     subdivision or agency of the state or a private entity with which
3-17     the authority has entered into a contract under Section 402.212.
3-18                 (7) [(4)]  "Department" means the Texas Department of
3-19     Health.
3-20                 (8) [(5)]  "Disposal site" means the property and
3-21     facilities acquired, constructed, and owned by the authority at
3-22     which low-level waste can be processed and disposed of permanently.
3-23                 (9) [(6)]  "Low-level waste" means radioactive material
3-24     that has a half-life of 35 years or less or fewer than 10
3-25     nanocuries per gram of transuranics, and may include radioactive
3-26     material not excluded by this subdivision with a half-life of more
3-27     than 35 years if special criteria for disposal of that waste are
 4-1     established by the commission.  The term does not include
 4-2     irradiated reactor fuel and high-level radioactive waste as defined
 4-3     by Title 10, Code of Federal Regulations.
 4-4                 (10)  "Major amendment" means an amendment to any
 4-5     license for the storage, processing, assured isolation, or disposal
 4-6     of low-level radioactive waste that:
 4-7                       (A)  significantly changes the design or scope of
 4-8     operation of the facility; or
 4-9                       (B)  authorizes an increase in the volume or
4-10     total radioactivity of the low-level radioactive waste.
4-11                 (11) [(7)]  "Management" means establishing, adopting,
4-12     and entering into and assuring compliance with the general
4-13     policies, rules, and contracts that govern the operation of a
4-14     disposal or assured isolation site.
4-15                 (12) [(8)]  "Operation" means the control, supervision,
4-16     and implementation of the actual physical activities involved in
4-17     the receipt, processing, packaging, storage, disposal, and
4-18     monitoring of low-level waste at a disposal or assured isolation
4-19     site, the maintenance of a disposal or assured isolation site, and
4-20     any other responsibilities designated by the board as part of the
4-21     operation.
4-22                 (13)  "Party state" has the meaning assigned by Section
4-23     2.01(13) of the compact.
4-24                 (14) [(9)]  "Person" includes a legal successor to or
4-25     representative, agent, or agency of any person.
4-26                 (15) [(10)]  "Radioactive material" means solid,
4-27     liquid, or gaseous material, whether occurring naturally or
 5-1     produced artificially, that emits radiation spontaneously.
 5-2                 (16) [(11)]  "Rangeland and wildlife management plan"
 5-3     means a plan that applies rangeland and wildlife habitat management
 5-4     techniques to land located in the vicinity of a disposal or assured
 5-5     isolation site so that the natural productivity and economic value
 5-6     of the land are enhanced.
 5-7                 (17) [(12)]  "Bond" means any type of obligation issued
 5-8     by the authority under this chapter, including a certificate of
 5-9     obligation, bond, note, draft, bill, warrant, debenture, interim
5-10     certificate, revenue or bond anticipation note, or other evidence
5-11     of indebtedness.
5-12                 (18) [(13)]  "Host county" means the county in which
5-13     the disposal or assured isolation site is or will be located.
5-14                 (19) [(14)]  "Commission" means the Texas Natural
5-15     Resource Conservation Commission.
5-16           SECTION 5.  Section 402.011, Health and Safety Code, is
5-17     amended to read as follows:
5-18           Sec. 402.011.  TEXAS LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT
5-19     [DISPOSAL] AUTHORITY.  (a) The Texas Low-Level Radioactive Waste
5-20     Management [Disposal] Authority is a state agency created under
5-21     Article XVI, Section 59(a), of the Texas Constitution.
5-22           (b)  The authority has statewide jurisdiction.
5-23           SECTION 6.  Section 402.012, Health and Safety Code, is
5-24     amended to read as follows:
5-25           Sec. 402.012.  SUNSET PROVISION.  The Texas Low-Level
5-26     Radioactive Waste Management [Disposal] Authority is subject to
5-27     Chapter 325, Government Code (Texas Sunset Act).  Unless continued
 6-1     in existence as provided by that chapter, the authority is
 6-2     abolished and this chapter expires September 1, 2001.
 6-3           SECTION 7.  Section 402.013(c), Health and Safety Code, is
 6-4     amended to read as follows:
 6-5           (c)  After a disposal or assured isolation site is selected
 6-6     under Section 402.090, the governor shall appoint to the board, at
 6-7     the earliest opportunity, at least one representative of the public
 6-8     as a representative of local interests.  A representative of the
 6-9     public appointed to represent local interests must be a resident of
6-10     the host county.  The representative may not be an elected county
6-11     official or a county employee.
6-12           SECTION 8.  Section 402.020, Health and Safety Code, is
6-13     amended to read as follows:
6-14           Sec. 402.020.  AUTHORITY OFFICES.  The board shall maintain:
6-15                 (1)  a central office in the city of Austin for
6-16     conducting the authority's business; and
6-17                 (2)  an authority office at a [each] disposal or
6-18     assured isolation site under construction or operated under this
6-19     chapter.
6-20           SECTION 9.  Section 402.021(b), Health and Safety Code, is
6-21     amended to read as follows:
6-22           (b)  In accordance with Chapter 551, Government Code, the
6-23     board shall hold an annual meeting in the host county with
6-24     officials and representatives of political subdivisions of the host
6-25     county to discuss concerns relating to that disposal or assured
6-26     isolation site.
6-27           SECTION 10.  Section 402.028, Health and Safety Code, is
 7-1     amended to read as follows:
 7-2           Sec. 402.028.  CONTRACTS OVER $15,000.  (a)  Except as
 7-3     provided by this section, if [If] the estimated amount of a
 7-4     proposed contract for the purchase of materials, machinery,
 7-5     equipment, or supplies is more than $15,000, the board shall ask
 7-6     for competitive bids as provided by Subchapter B, Chapter 271,
 7-7     Local Government Code.
 7-8           (b)  The board may use the design-build method for the
 7-9     construction of a disposal or assured isolation site facility.  In
7-10     using that method and entering into a contract for the services of
7-11     a design-build firm, the board shall follow the procedures
7-12     authorized by Section 51.780, Education Code, for institutions of
7-13     higher learning.
7-14           (c)  The board may use a design-build-operate method for the
7-15     construction and operation of a disposal or assured isolation site
7-16     facility.  If the board chooses this option, the board shall follow
7-17     the procedures authorized by Subsection (b) and, in addition, by
7-18     rule shall adopt and require for the facility operator professional
7-19     and performance qualifications that are substantially similar, for
7-20     the services being contracted for, to the professional and
7-21     performance requirements for architects and engineers under Section
7-22     51.780, Education Code.
7-23           (d)  This section does not apply to purchases of property
7-24     from public agencies or to contracts for personal [or professional]
7-25     services.
7-26           SECTION 11.  Sections 402.029(a) and (c), Health and Safety
7-27     Code, are amended to read as follows:
 8-1           (a)  The authority, through the board, may sue and be sued in
 8-2     the name of the authority in any court of this state, except as to
 8-3     matters pertaining to the site selection and licensing of a
 8-4     disposal or assured isolation site [facility within the
 8-5     geographical area of Hudspeth County, Texas, described in Section
 8-6     402.0921], which suits may only be brought in the courts of Travis
 8-7     County, Texas.
 8-8           (c)  Any judgment, injunction, declaration, or writ issued
 8-9     against the authority by a Texas court other than the supreme court
8-10     of Texas that is related to the site selection or licensing of a
8-11     disposal or assured isolation site [facility within the
8-12     geographical area of Hudspeth County, Texas, described in Section
8-13     402.0921] shall be automatically suspended upon the filing by the
8-14     authority of a notice of appeal or other submission to a higher
8-15     court challenging the judgment, injunction, declaration, or writ.
8-16     No Texas court other than the Texas supreme court shall have any
8-17     power to decline or otherwise affect the automatic suspension
8-18     pending appeal in such a case [related to Hudspeth County, Texas].
8-19           SECTION 12.  Sections 402.031(a), (b), (d), and (e), Health
8-20     and Safety Code, are amended to read as follows:
8-21           (a)  The board shall create a citizens advisory committee to
8-22     perform oversight functions over a disposal or assured isolation
8-23     site.
8-24           (b)  The committee shall begin to perform its functions not
8-25     earlier than the 30th day after the date on which construction of
8-26     the disposal or assured isolation site begins.
8-27           (d)  The committee shall:
 9-1                 (1)  conduct independent monitoring of [disposal] site
 9-2     activities as authorized by guidelines adopted by the board;
 9-3                 (2)  make recommendations to the board concerning
 9-4     operations at the [disposal] site; and
 9-5                 (3)  execute any other review and monitoring functions
 9-6     as recommended by the committee and approved by the board.
 9-7           (e)  Reasonable notice as required by the board must be given
 9-8     to the manager of a disposal or assured isolation site before a
 9-9     committee member enters the [a disposal] site to exercise any
9-10     function authorized by this section.  The board shall provide for
9-11     quarterly unannounced inspections of [disposal] site activities.
9-12           SECTION 13.  Section 402.032, Health and Safety Code, is
9-13     amended to read as follows:
9-14           Sec. 402.032.  AUTHORITY PURCHASE.  Except as provided under
9-15     Section 402.212, a [A] purchase by the authority of supplies,
9-16     materials, services, or equipment necessary to prepare, construct,
9-17     or operate a disposal or assured isolation site is exempt from the
9-18     purchasing requirements of Subtitle D, Title 10, Government Code.
9-19           SECTION 14.  Section 402.051, Health and Safety Code, is
9-20     amended to read as follows:
9-21           Sec. 402.051.  JURISDICTION OVER DISPOSAL OR ASSURED
9-22     ISOLATION SITE.  The authority has jurisdiction over site
9-23     selection, preparation, construction, operation, maintenance,
9-24     decommissioning, closing, and financing of a disposal or assured
9-25     isolation site [sites].
9-26           SECTION 15.  Section 402.052, Health and Safety Code, is
9-27     amended to read as follows:
 10-1          Sec. 402.052.  DEVELOPMENT AND OPERATION OF DISPOSAL OR
 10-2    ASSURED ISOLATION SITE.  (a)  The authority shall develop and
 10-3    operate one disposal or assured isolation site for the disposal,
 10-4    assured isolation, or both disposal and assured isolation of
 10-5    low-level waste in this state.
 10-6          (b)  The authority may not develop or operate an assured
 10-7    isolation site unless assured isolation at the site includes:
 10-8                (1)  above-grade vaults with internal access designed
 10-9    to isolate the waste from the environment, from which the waste is
10-10    easily retrievable;
10-11                (2)  individual monitoring of each waste structure or
10-12    building;
10-13                (3)  monitoring of the ground beneath the assured
10-14    isolation facility and the perimeter of the facility for leakage;
10-15    and
10-16                (4)  active inspection and preventive maintenance.
10-17          SECTION 16.  Section 402.053, Health and Safety Code, is
10-18    amended to read as follows:
10-19          Sec. 402.053.  GENERAL POWERS.  To carry out this chapter,
10-20    the authority may:
10-21                (1)  apply for, receive, accept, and administer gifts,
10-22    grants, and other funds available from any source;
10-23                (2)  contract with the federal government, the state,
10-24    interstate agencies, local governmental entities, and private
10-25    entities to carry out this chapter and rules, standards, and orders
10-26    adopted under this chapter;
10-27                (3)  conduct, request, and participate in studies,
 11-1    investigations, and research relating to selection, preparation,
 11-2    construction, operation, maintenance, decommissioning, closing, and
 11-3    financing of a disposal or assured isolation site [sites and
 11-4    disposal of low-level waste]; and
 11-5                (4)  advise, consult, and cooperate with the federal
 11-6    government, the state, interstate agencies, local governmental
 11-7    entities in this state, and private entities.
 11-8          SECTION 17.  Section 402.058, Health and Safety Code, is
 11-9    amended to read as follows:
11-10          Sec. 402.058.  HEALTH SURVEILLANCE SURVEY.  The board, in
11-11    cooperation with the commission, the Texas Department of Health,
11-12    and local public health officials, shall develop a health
11-13    surveillance survey for the population located in the vicinity of a
11-14    disposal or assured isolation site.
11-15          SECTION 18.  Section 402.059(a), Health and Safety Code, is
11-16    amended to read as follows:
11-17          (a)  The authority, its employees, contractors, and agents
11-18    may enter public or private property to assess the suitability of
11-19    land for [a] disposal or assured isolation of low-level radioactive
11-20    waste only with the prior written consent of the landowner [site in
11-21    Hudspeth County, Texas].
11-22          SECTION 19.  Section 402.081, Health and Safety Code, is
11-23    amended to read as follows:
11-24          Sec. 402.081.  [DISPOSAL] SITE SELECTION STUDIES.  The
11-25    authority shall make studies or contract for studies to be made of
11-26    the future requirements for the management [disposal] of low-level
11-27    waste in this state and to determine the areas of the state that
 12-1    are relatively more suitable than others for low-level waste
 12-2    management [disposal] activities.
 12-3          SECTION 20.  Subchapter D, Chapter 402, Health and Safety
 12-4    Code, is amended by adding Sections 402.0815 and 402.0816 to read
 12-5    as follows:
 12-6          Sec. 402.0815.  LOCATION OF SITE IN COUNTY BORDERING
 12-7    INTERNATIONAL BOUNDARY PROHIBITED.  A low-level radioactive waste
 12-8    disposal or assured isolation site may not be located in a county
 12-9    that is adjacent to an international boundary.
12-10          Sec. 402.0816.  LOCATION OF SITE IN AREAS OF CERTAIN AMOUNT
12-11    OF ANNUAL RAINFALL PROHIBITED.  A low-level radioactive waste
12-12    disposal or assured isolation site may not be located in an area in
12-13    which the average annual rainfall is greater than 26 inches.
12-14          SECTION 21.  Section 402.082, Health and Safety Code, is
12-15    amended to read as follows:
12-16          Sec. 402.082.  STUDY CRITERIA.  (a)  Studies required under
12-17    Section 402.081 regarding disposal must consider:
12-18                (1)  the volume of low-level waste generated by type
12-19    and source categories for the expected life of the disposal site,
12-20    including waste that may be generated from the decommissioning of
12-21    nuclear power plants located in this state;
12-22                (2)  geology;
12-23                (3)  topography;
12-24                (4)  transportation and access;
12-25                (5)  meteorology;
12-26                (6)  population density;
12-27                (7)  surface and subsurface hydrology;
 13-1                (8)  flora and fauna;
 13-2                (9)  current land use;
 13-3                (10)  criteria established by the commission for
 13-4    disposal site selection;
 13-5                (11)  the proximity of the disposal site to sources of
 13-6    low-level waste, including related transportation costs, to the
 13-7    extent that the proximity and transportation costs do not interfere
 13-8    with selection of a suitable disposal site for protecting public
 13-9    health and the environment;
13-10                (12)  other disposal site characteristics that may need
13-11    study on a preliminary basis and for which detailed study would be
13-12    required to prepare an application or license required for disposal
13-13    site operation; and
13-14                (13)  alternative management techniques, including
13-15    [aboveground isolation facilities,] waste processing and reduction
13-16    at the site of waste generation and at an authority management
13-17    site, and waste recycling.
13-18          (b)  Studies required under Section 402.081 regarding assured
13-19    isolation must consider:
13-20                (1)  the volume of low-level radioactive waste
13-21    generated by type and source categories for the expected life of
13-22    the assured isolation site, including waste that may be generated
13-23    from the decommissioning of nuclear power plants located in this
13-24    state or another state that is a party state under the compact;
13-25                (2)  geology;
13-26                (3)  hydrology;
13-27                (4)  transportation and access;
 14-1                (5)  population density;
 14-2                (6)  meteorology;
 14-3                (7)  current land use;
 14-4                (8)  related transportation costs; and
 14-5                (9)  other criteria established by the department for
 14-6    assured isolation site selection.
 14-7          SECTION 22.  Section 402.083, Health and Safety Code, is
 14-8    amended to read as follows:
 14-9          Sec. 402.083.  CHOOSING SITES FOR FURTHER ANALYSIS.  (a)  On
14-10    completion of the studies required by Section 402.081, the board
14-11    shall choose a [at least two] potential disposal or assured
14-12    isolation site [sites] for further analysis under Section 402.084.
14-13          (b)  In choosing a site under this section for further
14-14    analysis, the authority shall give preference to a county in which:
14-15                (1)  the majority of the voters voting in a nonbinding
14-16    referendum in the county called and held for the purpose favors the
14-17    establishment of a low-level radioactive waste management facility
14-18    in that county; and
14-19                (2)  the commissioners court has passed a resolution
14-20    that reports to favor the establishment of a low-level radioactive
14-21    waste management facility in the county.
14-22          (c)  In choosing a site under this section, the authority may
14-23    not choose a site within a county in which the majority of the
14-24    voters voting in a nonbinding referendum in the county called and
14-25    held for the purpose do not favor the establishment of a low-level
14-26    radioactive waste management facility in that county.
14-27          (d)  A person is eligible to vote in a nonbinding referendum
 15-1    under this section only if the person was eligible to vote in the
 15-2    most recent gubernatorial election in the county in which the
 15-3    nonbinding referendum is to be held.
 15-4          (e)  The county may hold and shall pay for a nonbinding
 15-5    referendum held as described by Subsection (b)(1). The ballot shall
 15-6    include the following language:  "Would you be in favor of _______
 15-7    County being selected as the host county for a low-level
 15-8    radioactive waste management site?   Yes _____  No _____."  The
 15-9    nonbinding referendum shall be conducted as provided by the
15-10    Election Code, except that Section 41.001(a), Election Code, does
15-11    not apply to a referendum under this section.
15-12          (f)  For purposes of this section, a "nonbinding referendum"
15-13    is an election.
15-14          SECTION 23.  Section 402.084, Health and Safety Code, is
15-15    amended to read as follows:
15-16          Sec. 402.084.  EVALUATION OF POTENTIAL SITE [SITES].  (a)
15-17    For the [each] potential disposal or assured isolation site chosen
15-18    under Section 402.083, the authority shall evaluate or contract for
15-19    the evaluation of:
15-20                (1)  preoperating costs;
15-21                (2)  operating costs;
15-22                (3)  maintenance costs;
15-23                (4)  costs of decommissioning and extended care; and
15-24                (5)  socioeconomic, environmental, and public health
15-25    impacts associated with the site.
15-26          (b)  The socioeconomic impacts to be evaluated include fire,
15-27    police, education, utility, public works, public access, planning,
 16-1    and other governmental services and assumed and perceived risks of
 16-2    the disposal or assured isolation site [sites] and disposal or
 16-3    assured isolation activities.
 16-4          (c)  Public officials and members of local boards or
 16-5    governing bodies of local political subdivisions of the state in
 16-6    which a potential disposal or assured isolation site is located
 16-7    shall be invited to participate in appropriate evaluation
 16-8    activities.
 16-9          SECTION 24.  Section 402.085, Health and Safety Code, is
16-10    amended to read as follows:
16-11          Sec. 402.085.  SITE PROPOSAL.  On receiving the results of
16-12    the studies and evaluations required by Sections 402.081, 402.084,
16-13    and 402.087, the board shall propose the [a] site if the site
16-14    [that] appears to be [the most] suitable for [a] disposal or
16-15    assured isolation [site] and shall hold a public hearing to
16-16    consider whether that site should be selected as the state's
16-17    disposal or assured isolation site.
16-18          SECTION 25.  Section 402.086(a), Health and Safety Code, is
16-19    amended to read as follows:
16-20          (a)  Before the board gives notice of the hearing on a [the]
16-21    proposed disposal or assured isolation site, the authority shall
16-22    prepare a report that includes:
16-23                (1)  detailed information regarding all aspects of the
16-24    [disposal] site selection process;
16-25                (2)  criteria for [disposal] site selection as
16-26    established by the appropriate licensing authority; and
16-27                (3)  summaries of the studies required under Section
 17-1    402.081 and the evaluations required under Section 402.084.
 17-2          SECTION 26.  Sections 402.087(a) and (c), Health and Safety
 17-3    Code, are amended to read as follows:
 17-4          (a)  The authority may appoint a mediator to consider the
 17-5    views of parties interested in the selection of a disposal or
 17-6    assured isolation site.
 17-7          (c)  Mediation meetings may be held in the county [counties]
 17-8    in which the potential disposal or assured isolation site is [sites
 17-9    are] located and shall be held before the public hearing required
17-10    by Section 402.085.
17-11          SECTION 27.  Section 402.088(b), Health and Safety Code, is
17-12    amended to read as follows:
17-13          (b)  The board shall give notice of the hearing on the
17-14    proposed disposal or assured isolation site by publishing notice in
17-15    English and Spanish in a newspaper published in the host county.
17-16    The notice must be published at least once each week for four
17-17    consecutive weeks beginning not later than the 31st day before the
17-18    date set for the hearing.
17-19          SECTION 28.  Section 402.089, Health and Safety Code, is
17-20    amended to read as follows:
17-21          Sec. 402.089.  BOARD DETERMINATION; RESTRICTIONS ON SELECTION
17-22    NEAR RESERVOIR.  (a)  The board shall determine if the proposed
17-23    disposal or assured isolation site should be selected after a
17-24    thorough consideration of:
17-25                (1)  the studies and evaluations relating to site
17-26    selection;
17-27                (2)  the criteria required to be used in those studies;
 18-1    and
 18-2                (3)  testimony and evidence presented at the hearing.
 18-3          (b)  The board may not select a disposal or assured isolation
 18-4    site under this subchapter that is within 20 miles upstream or
 18-5    up-drainage from the maximum elevation of the surface of a
 18-6    reservoir project that:
 18-7                (1)  has been constructed or is under construction by
 18-8    the United States Bureau of Reclamation or the United States Corps
 18-9    of Engineers; or
18-10                (2)  has been approved for construction by the Texas
18-11    Water Development Board as part of the state water plan under
18-12    Subchapter C, Chapter 16, Water Code.
18-13          (c)  The board may not select a disposal or assured isolation
18-14    site that is located within 62 miles of the international boundary
18-15    between this state and Mexico. A site is located within 62 miles of
18-16    the international boundary if any point on the site's perimeter is
18-17    closer than 62 miles to any point on the international boundary.
18-18          SECTION 29.  Section 402.090, Health and Safety Code, is
18-19    amended to read as follows:
18-20          Sec. 402.090.  ORDER DESIGNATING SITE.  If the board selects
18-21    a proposed [disposal] site as the disposal or assured isolation
18-22    site, the board by order shall designate the site as the disposal
18-23    or assured isolation site and shall issue a final report.
18-24          SECTION 30.  Section 402.091, Health and Safety Code, is
18-25    amended to read as follows:
18-26          Sec. 402.091.  REJECTION OF PROPOSED SITE.  (a)  If the board
18-27    determines that a proposed disposal or assured isolation site
 19-1    should not be selected, the board shall issue an order rejecting
 19-2    the site and shall call another hearing to consider another
 19-3    proposed [disposal] site that appears suitable from the studies and
 19-4    evaluations.
 19-5          (b)  The board shall continue to follow the procedures of
 19-6    [disposal] site selection under this subchapter until a suitable
 19-7    disposal or assured isolation site is selected.
 19-8          SECTION 31.  Section 402.092, Health and Safety Code, is
 19-9    amended to read as follows:
19-10          Sec. 402.092.  FINAL REPORT.  The authority shall submit to
19-11    the governor and to the legislature for informational purposes a
19-12    copy of the final report and order selecting a disposal or assured
19-13    isolation site.
19-14          SECTION 32.  Section 402.0922, Health and Safety Code, is
19-15    amended to read as follows:
19-16          Sec. 402.0922.  EMINENT DOMAIN.  The authority may acquire
19-17    land for a disposal or assured isolation site [within the
19-18    geographical area described in Section 402.0921] by condemnation
19-19    and in accordance with Chapter 21 of the Property Code.
19-20          SECTION 33.  Section 402.094, Health and Safety Code, is
19-21    amended to read as follows:
19-22          Sec. 402.094.  ACQUISITION OF PROPERTY.  (a)  The authority
19-23    may acquire by gift, grant, or purchase any land, easements,
19-24    rights-of-way, and other property interests necessary to construct
19-25    and operate a disposal or assured isolation site.
19-26          (b)  The authority must acquire the fee simple title to all
19-27    land and property that is a part of the licensed disposal or
 20-1    assured isolation site.
 20-2          (c)  The authority may lease property on terms and conditions
 20-3    the board determines advantageous to the authority, but land that
 20-4    is part of a licensed disposal or assured isolation site may be
 20-5    leased only through [from] the Texas Public Finance Authority as
 20-6    provided by the Texas Public Finance Authority Act (Article 601d,
 20-7    Vernon's Texas Civil Statutes).
 20-8          (d)  The authority may lease land owned by the authority that
 20-9    is not part of a licensed disposal or assured isolation site.  Land
20-10    leased by the authority under this section may be used only for
20-11    agricultural, ranching, or grazing purposes.
20-12          SECTION 34.  Section 402.122, Health and Safety Code, is
20-13    amended to read as follows:
20-14          Sec. 402.122.  ENTRY ON AND INVESTIGATION OF SCHOOL OR
20-15    UNIVERSITY LAND.  The authority may enter and investigate land
20-16    dedicated to the permanent school fund or the permanent university
20-17    fund to determine the suitability of the land for a disposal or
20-18    assured isolation site.
20-19          SECTION 35.  Section 402.123, Health and Safety Code, is
20-20    amended to read as follows:
20-21          Sec. 402.123.  PROCEDURE FOR SELECTION AND SALE OF SCHOOL OR
20-22    UNIVERSITY LAND.  (a)  If the board determines that a suitable
20-23    disposal or assured isolation site can be located on land dedicated
20-24    to the permanent school fund or permanent university fund and
20-25    issues an order selecting that site as a proposed disposal or
20-26    assured isolation site, the School Land Board or the board of
20-27    regents of The University of Texas System, as appropriate, shall
 21-1    authorize the authority to enter on the land to conduct any studies
 21-2    of the proposed site required by commission or department rule [a
 21-3    detailed technical characterization of the proposed disposal site].
 21-4          (b)  Notwithstanding any other law, if the board determines
 21-5    at the completion [of the characterization period and the
 21-6    completion] of studies required by Subsection (a) and Subchapter D
 21-7    that the land should be purchased for the proposed disposal or
 21-8    assured isolation site, the School Land Board or the board of
 21-9    regents of The University of Texas System, as appropriate, shall
21-10    have the land and any minerals in the land appraised and shall sell
21-11    the land to the authority at the appraised value.
21-12          SECTION 36.  Section 402.124(b), Health and Safety Code, is
21-13    amended to read as follows:
21-14          (b)  The authority may enter into an agreement to purchase
21-15    one or more parcels of land dedicated to the permanent school fund
21-16    or the permanent university fund of a size the board considers
21-17    appropriate for purposes of a disposal or assured isolation site.
21-18          SECTION 37.  Section 402.125(b), Health and Safety Code, is
21-19    amended to read as follows:
21-20          (b)  This section and Section 402.123 apply only to land
21-21    actually required for a [the] licensed disposal or assured
21-22    isolation site.
21-23          SECTION 38.  Section 402.126, Health and Safety Code, is
21-24    amended to read as follows:
21-25          Sec. 402.126.  RANGELAND AND WILDLIFE MANAGEMENT PLAN.  (a)
21-26    To implement a rangeland and wildlife management plan, the
21-27    authority may lease from the School Land Board or the board of
 22-1    regents of The University of Texas System property that is
 22-2    dedicated to the permanent school fund or the permanent university
 22-3    fund and that is proximate to the [a] disposal or assured isolation
 22-4    site.  Land leased for a rangeland and wildlife management plan may
 22-5    not exceed 65,000 acres.
 22-6          (b)  The authority shall lease from the School Land Board on
 22-7    the School Land Board's terms and conditions the land determined by
 22-8    the School Land Board as necessary to serve as a rangeland and
 22-9    wildlife management area [buffer] for the disposal or assured
22-10    isolation site.  Land leased under this subsection shall be used by
22-11    the authority to implement a rangeland and wildlife management
22-12    plan.
22-13          SECTION 39.  Section 402.128, Health and Safety Code, is
22-14    amended to read as follows:
22-15          Sec. 402.128.  APPLICABLE STANDARDS.  The commission, the
22-16    department, or the authority may not lessen any standards for the
22-17    siting, construction, or operation of a [the] disposal or assured
22-18    isolation site because the site is located on state-owned land
22-19    dedicated to the permanent school fund or the permanent university
22-20    fund.
22-21          SECTION 40.  Section 402.151, Health and Safety Code, is
22-22    amended to read as follows:
22-23          Sec. 402.151.  PREPARATIONS FOR OBTAINING LICENSES AND
22-24    AUTHORIZATIONS.  After selection of the disposal or assured
22-25    isolation site, the board shall direct the general manager to
22-26    prepare necessary applications, disposal or assured isolation
22-27    plans, and other material for obtaining licenses and other
 23-1    authorizations for the [disposal] site.
 23-2          SECTION 41.  Section 402.1511, Health and Safety Code, is
 23-3    amended to read as follows:
 23-4          Sec. 402.1511.  COMMISSION OR DEPARTMENT LICENSE.  (a)
 23-5    Notwithstanding any other provision of this chapter, the commission
 23-6    has sole authority to issue a license to operate a disposal site
 23-7    under this chapter and the department has sole authority to issue a
 23-8    license to operate an assured isolation site under this chapter.
 23-9          (b)  The authority or any other entity authorized by contract
23-10    to operate a disposal or assured isolation site under this chapter
23-11    may not operate the [disposal] site unless the authority [or
23-12    entity] has first obtained an operating license as required [from
23-13    the commission] under this section.
23-14          (c)  [The authority or any other entity required by this
23-15    chapter to obtain a license to operate a disposal site under this
23-16    chapter is required to obtain the license from the commission and
23-17    not from the department.]
23-18          [(d)]  The commission and the department each may adopt any
23-19    rules reasonably necessary to exercise its authority under this
23-20    section.
23-21          SECTION 42.  Section 402.152, Health and Safety Code, is
23-22    amended to read as follows:
23-23          Sec. 402.152.  APPLICATIONS FOR LICENSES AND AUTHORIZATIONS.
23-24    (a) The authority shall submit to each federal and state agency
23-25    from which it must obtain licenses and other types of authorization
23-26    to construct and operate a disposal or assured isolation site the
23-27    necessary applications and information to obtain those licenses and
 24-1    authorizations.
 24-2          (b)  [Notwithstanding any other law or other provision of
 24-3    this chapter, the authority shall submit to the appropriate state
 24-4    and federal agencies an application to construct and operate a
 24-5    disposal site located within the geographical area described in
 24-6    Section 402.0921.]
 24-7          [(c)]  The authority shall maintain such field offices and
 24-8    conduct such studies and activities as necessary to provide
 24-9    information required to support the license application for a
24-10    disposal or assured isolation site [located within the geographical
24-11    area described in Section 402.0921].
24-12          (c) [(d)]  The commission or the department, as appropriate,
24-13    shall complete its review of the completeness and administrative
24-14    sufficiency of the application within 60 [30] days of receipt of
24-15    the application from the authority.  The authority shall promptly
24-16    respond to the commission's or the department's requests for
24-17    additional documentation or other information in order for the
24-18    commission or department to complete its sufficiency review of the
24-19    application.  If the commission or department does not inform the
24-20    authority within 60 [45] days of receipt of the application that
24-21    the application is administratively sufficient, the application is
24-22    presumed to be administratively sufficient.
24-23          (d) [(e)]  The commission or department shall:
24-24                (1)  complete all activities associated with the review
24-25    and processing of an application, including the publication of an
24-26    environmental assessment, if required, but excluding public
24-27    hearings, and either propose to issue or deny a license for the
 25-1    operation of the site no later than 15 months after the date that
 25-2    the application is declared or presumed to be administratively
 25-3    sufficient; and
 25-4                (2)  give priority to the review of the application
 25-5    over all other radioactive materials and waste licensing and
 25-6    registration matters pending before the commission or department.
 25-7          (e)  Before the department or commission, within its
 25-8    jurisdiction, grants, renews, or makes a major amendment to a
 25-9    license for low-level radioactive waste, the department shall give
25-10    notice and shall provide an opportunity for a public hearing in the
25-11    manner provided by the agency's formal hearing procedure, Sections
25-12    401.114(b) and (c), and Chapter 2001, Government Code. Notice and
25-13    opportunity for a hearing for all other amendments to a license for
25-14    low-level radioactive waste shall be given in accordance with
25-15    Section 401.116.
25-16          SECTION 43.  Section 402.154, Health and Safety Code, is
25-17    amended to read as follows:
25-18          Sec. 402.154.  TECHNIQUES FOR MANAGING LOW-LEVEL WASTE.  (a)
25-19    As a condition for obtaining a license, the authority must submit
25-20    to the commission or the department, as appropriate, [its designee]
25-21    evidence relating to the reasonableness of any technique to be
25-22    practiced at the proposed disposal or assured isolation site for
25-23    managing low-level waste.
25-24          (b)  Before determining the techniques to be used for
25-25    managing low-level waste, the authority shall study alternative
25-26    techniques, including:
25-27                (1)  waste processing and reduction at the site of
 26-1    waste generation and at the disposal or assured isolation site; and
 26-2                (2)  the use of assured [aboveground] isolation
 26-3    facilities.
 26-4          (c)  Underground disposal may be considered for the
 26-5    management of low-level radioactive waste received from the compact
 26-6    states only if assured isolation is found not to be feasible.
 26-7          SECTION 44.  Section 402.155, Health and Safety Code, is
 26-8    amended to read as follows:
 26-9          Sec. 402.155.  DENIAL OF LICENSE APPLICATION.  If the
26-10    authority's application for a license for a [the] proposed disposal
26-11    or assured isolation site is denied, the board shall select an
26-12    alternative disposal or assured isolation site in the manner
26-13    provided by Subchapter D for the selection of the original proposed
26-14    [disposal] site.
26-15          SECTION 45.  Section 402.181, Health and Safety Code, is
26-16    amended to read as follows:
26-17          Sec. 402.181.  DISPOSAL OR ASSURED ISOLATION SITE
26-18    CONSTRUCTION.  (a)  The authority shall construct or contract for
26-19    construction as provided by this chapter all works and facilities
26-20    on the disposal or assured isolation site and shall make
26-21    improvements necessary to prepare the site for the management [for
26-22    disposal and to permanently dispose] of low-level waste.
26-23          (b)  Preparation and construction of works and facilities at
26-24    the disposal or assured isolation site must be done in a manner
26-25    that complies with rules and standards adopted by federal and state
26-26    agencies for disposal or assured isolation sites, as appropriate,
26-27    and with the authority's site management [disposal] plans.
 27-1          (c)  The authority may not begin construction of any part of
 27-2    or any works associated with a low-level radioactive waste disposal
 27-3    facility or assured isolation facility before the state has
 27-4    acquired ownership of the land on which the facility is to be
 27-5    located.  This subsection does not prohibit the authority from
 27-6    performing site characterizations on land not yet acquired by the
 27-7    state.
 27-8          SECTION 46.  Section 402.182, Health and Safety Code, is
 27-9    amended to read as follows:
27-10          Sec. 402.182.  DESIGN OF FACILITIES.  The board shall ensure
27-11    that the design of facilities for low-level waste disposal or
27-12    assured isolation incorporates, as far as possible, safeguards
27-13    against hazards resulting from earthquakes and local meteorological
27-14    conditions, including phenomena such as hurricanes, tornados,
27-15    [earthquakes, earth tremors,] violent storms, and susceptibility to
27-16    flooding.
27-17          SECTION 47.  Sections 402.183(a) and (b), Health and Safety
27-18    Code, are amended to read as follows:
27-19          (a)  The authority may contract with any person to construct
27-20    any part of the works, facilities, and improvements at the disposal
27-21    or assured isolation site.
27-22          (b)  The contract must specifically provide for termination
27-23    by the authority if the contractor fails to comply with federal and
27-24    state standards and rules or with the authority's disposal or
27-25    assured isolation site plans.
27-26          SECTION 48.  Section 402.211, Health and Safety Code, is
27-27    amended to read as follows:
 28-1          Sec. 402.211.  MANAGEMENT AND OPERATION OF DISPOSAL OR
 28-2    ASSURED ISOLATION SITE.  The board shall manage and, if necessary,
 28-3    operate the disposal or assured isolation site licensed [sites]
 28-4    under this chapter.  The management and operation must be in
 28-5    compliance with laws, rules, and standards of federal and state
 28-6    agencies that have jurisdiction over disposal or assured isolation
 28-7    sites.  The board shall take any action necessary under this
 28-8    chapter to manage and operate the disposal or assured isolation
 28-9    site [sites] in a manner that will protect the public health and
28-10    safety and the environment.
28-11          SECTION 49.  Section 402.212, Health and Safety Code, is
28-12    amended to read as follows:
28-13          Sec. 402.212.  CONTRACT FOR OPERATION OF DISPOSAL OR ASSURED
28-14    ISOLATION SITE.  (a)  The board, after bidding conducted in
28-15    accordance with Section 402.028, may contract with a political
28-16    subdivision or agency of the state or a private entity to perform
28-17    the overall operation of a disposal or assured isolation site.
28-18          (b)  The board by rule shall establish criteria for
28-19    determining the competence of a political subdivision or agency of
28-20    the state or a private entity to perform the overall operation of a
28-21    disposal or assured isolation site.
28-22          (c)  A contract under this section may not relieve the
28-23    authority of its management responsibility under this chapter.
28-24          SECTION 50.  Section 402.213, Health and Safety Code, is
28-25    amended to read as follows:
28-26          Sec. 402.213.  CONTRACT AUTHORITY OF BOARD.  In contracting
28-27    with a contract operator, the board may:
 29-1                (1)  select the contract operator before the authority
 29-2    [it] obtains the license for the disposal or assured isolation site
 29-3    so that the board may allow the contract operator to advise and
 29-4    consult with the board, general manager, and staff of the authority
 29-5    on the design and disposal or assured isolation plans for the site;
 29-6                (2)  require the contract operator to make all tests,
 29-7    keep all records, and prepare all reports required by licenses
 29-8    issued for disposal or assured isolation site operations;
 29-9                (3)  require standards of performance;
29-10                (4)  require posting of a bond or other financial
29-11    security by the contract operator to ensure safe operation and
29-12    decommissioning of the disposal or assured isolation site; and
29-13                (5)  establish other requirements, including operator
29-14    liability requirements, necessary to assure that the disposal or
29-15    assured isolation site is properly operated and that the public
29-16    health and safety and the environment are protected.
29-17          SECTION 51.  Section 402.214, Health and Safety Code, is
29-18    amended to read as follows:
29-19          Sec. 402.214.  PROVISIONS OF OPERATION CONTRACT.  A contract
29-20    to operate a disposal or assured isolation site must specify that:
29-21                (1)  the board retains management authority over the
29-22    [disposal] site and may monitor and inspect any part of the site
29-23    and operations on the site at any time;
29-24                (2)  the contract operator must operate the [disposal]
29-25    site in a manner that complies with the law and licenses regulating
29-26    operations at the site that are issued by the commission or
29-27    department, as appropriate, and the federal government;
 30-1                (3)  the contract operator must comply with rules
 30-2    adopted by the board that govern operation of the [disposal] site;
 30-3    and
 30-4                (4)  the contract is subject to termination after
 30-5    notice and hearing if the contract operator fails to comply with a
 30-6    license issued for the [disposal] site by the commission or
 30-7    department, as appropriate, or [by the] federal government, fails
 30-8    to comply with the rules of the authority, or fails to comply with
 30-9    the contract.
30-10          SECTION 52.  Section 402.215, Health and Safety Code, is
30-11    amended to read as follows:
30-12          Sec. 402.215.  ON-SITE OPERATOR.  (a)  An on-site operator
30-13    who is responsible for all operations at the disposal or assured
30-14    isolation site shall supervise the [each disposal] site.
30-15          (b)  The general manager shall employ the on-site operator at
30-16    a disposal or assured isolation site operated by the authority.
30-17          (c)  If the authority contracts for the overall operation of
30-18    a disposal or assured isolation site, the on-site operator must be
30-19    a representative of the contract operator.
30-20          SECTION 53.  Section 402.216, Health and Safety Code, is
30-21    amended to read as follows:
30-22          Sec. 402.216.  RULES RELATING TO DISPOSAL OR ASSURED
30-23    ISOLATION SITE.  (a)  The board shall adopt rules governing:
30-24                (1)  the operation of the disposal or assured isolation
30-25    site [sites];
30-26                (2)  acceptance of low-level waste;
30-27                (3)  maintenance and monitoring of the disposal or
 31-1    assured isolation site [sites]; and
 31-2                (4)  activities relating to the management and
 31-3    operation of the disposal or assured isolation site [sites].
 31-4          (b)  Rules adopted under this section may not be less
 31-5    stringent than those adopted by the commission or department, as
 31-6    appropriate.
 31-7          SECTION 54.  Section 402.217, Health and Safety Code, is
 31-8    amended to read as follows:
 31-9          Sec. 402.217.  [DISPOSAL] SITE ACTIVITIES.  (a)  The
31-10    authority may adopt any methods and techniques for low-level
31-11    radioactive waste management [permanent disposal] that comply with
31-12    federal and state standards for low-level radioactive waste
31-13    management [disposal] and that protect the public health and safety
31-14    and the environment.
31-15          (b)  The authority may provide facilities at disposal or
31-16    assured isolation sites for processing and packaging low-level
31-17    radioactive waste [for disposal].
31-18          SECTION 55.  Section 402.218, Health and Safety Code, is
31-19    amended to read as follows:
31-20          Sec. 402.218.  ACCEPTANCE OF LOW-LEVEL WASTE.  (a)  Subject
31-21    to limitations provided by Section 402.219, the [each] disposal or
31-22    assured isolation site shall accept for management [disposal] all
31-23    low-level radioactive waste that is presented to it and that is
31-24    properly processed and packaged.
31-25          (b)  On acceptance by the disposal or assured isolation site,
31-26    title and liability for the low-level radioactive waste transfers
31-27    to the authority.
 32-1          SECTION 56.  Section 402.219, Health and Safety Code, is
 32-2    amended to read as follows:
 32-3          Sec. 402.219.  LIMITATIONS ON WASTE ACCEPTANCE [DISPOSAL].
 32-4    (a)  Except as provided by an interstate compact, a licensed
 32-5    disposal or assured isolation site may accept only low-level waste
 32-6    that is generated in this state.
 32-7          (b)  The board by rule shall exclude from a licensed disposal
 32-8    or assured isolation site certain types of low-level waste that are
 32-9    incompatible with site [disposal] operations.
32-10          (c)  The state may enter into compacts with another state or
32-11    several states for the acceptance and management [disposal] in this
32-12    state of low-level radioactive waste only if the compact:
32-13                (1)  limits the total volume of all low-level
32-14    radioactive waste for disposal or assured isolation [to be disposed
32-15    of] in this state from the other state or states to 20 percent of
32-16    the annual average of low-level radioactive waste that the governor
32-17    projects will be produced in this state from the years 1995 through
32-18    2045;
32-19                (2)  gives this state full administrative control over
32-20    management and operation of the disposal or assured isolation site;
32-21                (3)  requires the other state or states to join this
32-22    state in any legal action necessary to prevent states that are not
32-23    members of the compact from delivering [disposing of] low-level
32-24    radioactive waste to [at] the disposal or assured isolation site;
32-25                (4)  allows this state to charge a fee for the
32-26    management [disposal] of low-level radioactive waste at the
32-27    [disposal] site;
 33-1                (5)  requires the other state or states to join in any
 33-2    legal action involving liability from the [disposal] site;
 33-3                (6)  requires the other state or states to share the
 33-4    full cost of constructing the [disposal] site;
 33-5                (7)  allows this state to regulate, in accordance with
 33-6    federal law, the means and routes of transportation of the
 33-7    low-level radioactive waste in this state;
 33-8                (8)  requires the other state or states to pay for
 33-9    community assistance projects selected by the host county in an
33-10    amount not less than $1 million or 10 percent of the amount
33-11    contributed by the other state or states;
33-12                (9)  is agreed to by the Texas Legislature, the
33-13    legislature of the other state or states, and the United States
33-14    Congress; and
33-15                (10)  complies with all applicable federal law.
33-16          (d)  This section does not affect the ability of this state
33-17    to transfer low-level radioactive waste to another state.
33-18          (e)  If this state enters into a compact with another state
33-19    and the terms of the compact conflict with this section, the terms
33-20    of the compact control.
33-21          (f)  Notwithstanding any other law, neither the board nor the
33-22    contract operator may accept from a state other than Texas, Maine,
33-23    or Vermont any low-level radioactive waste for disposal or assured
33-24    isolation at a compact facility unless:
33-25                (1)  disposal or assured isolation of low-level
33-26    radioactive waste from that state  at that compact facility has
33-27    been approved by the compact commission as provided in the compact;
 34-1                (2)  the total volume of low-level radioactive waste to
 34-2    be accepted from all states other than Texas, Maine, and Vermont
 34-3    will not exceed 10 percent of the volume expected to be placed in
 34-4    the compact facility by the host state generators during the
 34-5    operating life of the compact facility;
 34-6                (3)  the board properly contracts with the generator of
 34-7    the low-level radioactive waste; and
 34-8                (4)  the acceptance of the low-level radioactive waste
 34-9    complies with all rules and license limitations for the compact
34-10    facility established by the board and the commission or department,
34-11    as appropriate.
34-12          (g)  The total volume of low-level radioactive waste
34-13    authorized to be accepted from states other than Texas, Maine, and
34-14    Vermont by Subsection (f)(2) is in addition to the amount
34-15    authorized by and established under Section 3.04(11) of the
34-16    compact.
34-17          (h)  An affected person may bring suit in district court in
34-18    Travis County or in the county in which the disposal or assured
34-19    isolation site is located for a declaratory judgment or for
34-20    injunctive or other equitable relief to enforce Subsection (f).  A
34-21    successful plaintiff is entitled to court costs and reasonable
34-22    attorney's fees.
34-23          SECTION 57.  Sections 402.220(a), (c), and (d), Health and
34-24    Safety Code, are amended to read as follows:
34-25          (a)  To protect the public health and safety and the
34-26    environment, the board, after notice and hearing, shall adopt an
34-27    emergency response plan for the [each] disposal or assured
 35-1    isolation site to be implemented if the [disposal] site becomes a
 35-2    threat to the public health or safety or to the environment.
 35-3          (c)  The authority may construct or contract for the
 35-4    construction of facilities and procure equipment required to
 35-5    provide fire, police, and emergency medical services needed to
 35-6    support the disposal or assured isolation site.
 35-7          (d)  The facilities shall be:
 35-8                (1)  constructed proximate to the disposal or assured
 35-9    isolation site or in the nearest community, as determined by the
35-10    board; and
35-11                (2)  in operation before the first day of operation of
35-12    the [disposal] site.
35-13          SECTION 58.  Section 402.221(b), Health and Safety Code, is
35-14    amended to read as follows:
35-15          (b)  An inspector employed by the department or under
35-16    contract to the department shall inspect all packaged radioactive
35-17    waste before it is transported to a [permanent] disposal or assured
35-18    isolation site in this state.
35-19          SECTION 59.  Section 402.222, Health and Safety Code, is
35-20    amended to read as follows:
35-21          Sec. 402.222.  SHIPMENT OF LOW-LEVEL WASTE.  (a)  On arrival
35-22    of a shipment of low-level waste at the [a] disposal or assured
35-23    isolation site, the on-site operator or the operator's agent must
35-24    determine that the waste complies with all laws, rules, and
35-25    standards relating to processing and packaging of low-level waste
35-26    before the waste is accepted for disposal or assured isolation at
35-27    the [disposal] site.
 36-1          (b)  A person making a shipment of low-level waste that is in
 36-2    excess of 75 cubic feet shall give the on-site operator of the
 36-3    disposal or assured isolation site written notice of the shipment
 36-4    at least 72 hours before shipment to the [disposal] site begins.
 36-5    The written notice must contain information required by the board.
 36-6          SECTION 60.  Section 402.223, Health and Safety Code, is
 36-7    amended to read as follows:
 36-8          Sec. 402.223.  IMPROPERLY PROCESSED OR PACKAGED LOW-LEVEL
 36-9    WASTE.  (a)  If low-level waste that is not properly processed or
36-10    packaged arrives at the [a] disposal or assured isolation site, the
36-11    on-site operator or the operator's agent shall properly process and
36-12    package the waste for disposal or assured isolation, as
36-13    appropriate, and charge the person making the shipment the fee
36-14    required by Section 402.274.
36-15          (b)  The on-site operator or the operator's agent shall
36-16    report to the federal and state agencies that establish rules and
36-17    standards for processing, packaging, and transporting low-level
36-18    waste any person who delivers to the [a] disposal or assured
36-19    isolation site low-level waste that is not properly processed or
36-20    packaged.
36-21          SECTION 61.  Section 402.224(a), Health and Safety Code, is
36-22    amended to read as follows:
36-23          (a)  An on-site operator who accepts mixed waste at the [a]
36-24    disposal or assured isolation site shall comply with Chapter 361
36-25    (Solid Waste Disposal Act), the Resource Conservation and Recovery
36-26    Act of 1976 (42 U.S.C. 6901 et seq.), and this chapter.
36-27          SECTION 62.  Section 402.225, Health and Safety Code, is
 37-1    amended to read as follows:
 37-2          Sec. 402.225.  BELOWGROUND DISPOSAL RESTRICTED.  Low-level
 37-3    waste may not be disposed of in a landfill below the natural level
 37-4    of a disposal site unless:
 37-5                (1)  [federal or state regulatory programs for
 37-6    low-level waste preclude or recommend against aboveground disposal,
 37-7    or the authority has by rule determined that below ground disposal
 37-8    provides greater protection than aboveground disposal for public
 37-9    health and the environment for the period for which the low-level
37-10    waste will continue to pose a hazard to public health and the
37-11    environment;]
37-12                [(2)]  the low-level waste is contained within a
37-13    reinforced concrete barrier or within containment structures made
37-14    of materials technologically equivalent or superior to reinforced
37-15    concrete; and
37-16                (2) [(3)]  the low-level waste is contained in such a
37-17    manner that it can be monitored and retrieved.
37-18          SECTION 63.  Section 402.226(a), Health and Safety Code, is
37-19    amended to read as follows:
37-20          (a)  The authority may not use shallow land burial or
37-21    improved shallow land burial as a [the] disposal technique at the
37-22    licensed disposal or assured isolation site.
37-23          SECTION 64.  Section 402.228, Health and Safety Code, is
37-24    amended to read as follows:
37-25          Sec. 402.228.  DECOMMISSIONING AND CLOSING [DISPOSAL] SITE.
37-26    (a)  On a finding by the board, after notice and hearing, that a
37-27    disposal or assured isolation site should be closed, the authority
 38-1    and the contract operator, if any, shall decommission the
 38-2    [disposal] site in compliance with federal and state law, rules,
 38-3    and standards and with rules and plans of the authority.
 38-4          (b)  On completion of decommissioning activities and receipt
 38-5    of necessary approval from federal and state agencies, the board
 38-6    shall, if required by law, transfer to the commission or the
 38-7    department, as appropriate, fee simple title to the disposal or
 38-8    assured isolation site.
 38-9          SECTION 65.  Subchapter H, Chapter 402, Health and Safety
38-10    Code, is amended by adding Section 402.229 to read as follows:
38-11          Sec. 402.229.  STATE LIABILITY FOR PRIVATE SITE; CONTRACT
38-12    REQUIREMENTS.  (a)  The acceptance or storage of low-level waste at
38-13    a site owned or operated by a private entity does not create any
38-14    liability under state law on the part of the state or any agency or
38-15    officer of the state for damages, removal, or remedial action with
38-16    respect to the land, the facility, or the accepted or stored waste.
38-17          (b)  A provision requiring the private entity to insure, hold
38-18    harmless, or indemnify the state for any liability imposed on the
38-19    state by state or federal law must be included in:
38-20                (1)  any contract between the state or an agency or
38-21    officer of the state and a private entity authorizing the private
38-22    entity to operate a low-level waste site; and
38-23                (2)  any license or permit issued by the state or by an
38-24    agency or officer of the state to a private entity authorizing the
38-25    private entity to operate a low-level waste site.
38-26          SECTION 66.  Section 402.252(a), Health and Safety Code, is
38-27    amended to read as follows:
 39-1          (a)  The board shall quarterly transfer money in the
 39-2    low-level waste fund generated by planning and implementation fee
 39-3    surcharges under Section 402.2721(f) [Sections 402.2721(e) and
 39-4    (f)], and that portion of waste acceptance [disposal] fees
 39-5    identifiable as adopted for the purposes of Sections 402.273(a)(3)
 39-6    and (b) to the commissioners court of the host county.
 39-7          SECTION 67.  Section 402.271, Health and Safety Code, is
 39-8    amended to read as follows:
 39-9          Sec. 402.271.  AUTHORITY'S EXPENSES.  The authority's
39-10    expenses shall be paid from:
39-11                (1)  waste acceptance [disposal] fees;
39-12                (2)  planning and implementation fees;
39-13                (3)  proceeds from the sale of bonds under Subchapter
39-14    K;
39-15                (4)  contributions from members of a low-level waste
39-16    compact entered into under Section 402.219(c);
39-17                (5)  surcharge rebates made by the United States
39-18    Department of Energy pursuant to Pub.L. No. 99-240;
39-19                (6)  appropriations made by the legislature; and
39-20                (7)  other receipts, fees, and interest earned in funds
39-21    authorized by or collected under this subchapter and deposited in
39-22    the low-level waste fund.
39-23          SECTION 68.  Section 402.272, Health and Safety Code, is
39-24    amended to read as follows:
39-25          Sec. 402.272.  WASTE ACCEPTANCE [DISPOSAL] FEES.  (a)  The
39-26    board shall have collected a waste acceptance [disposal] fee to be
39-27    paid by each person who delivers low-level waste to the disposal or
 40-1    assured isolation site [authority for disposal].
 40-2          (b)  The board by rule shall adopt and periodically revise
 40-3    waste acceptance [disposal] fees according to a schedule that is
 40-4    based on the projected annual volume of low-level waste received,
 40-5    the relative hazard presented by each type of low-level waste that
 40-6    is generated by the users of radioactive materials, and the costs
 40-7    identified in Section 402.273.
 40-8          (c)  In determining relative hazard, the board shall consider
 40-9    the radioactive, physical, and chemical properties of each type of
40-10    low-level waste.
40-11          SECTION 69.  Section 402.2721, Health and Safety Code, is
40-12    amended by amending Subsections (b)-(g) and adding Subsection (i)
40-13    to read as follows:
40-14          (b)  This fee shall be in an amount that is sufficient to
40-15    allow the authority to recover present and future costs of
40-16    administering, implementing, and planning the activities authorized
40-17    by this chapter before the operation of a disposal or assured
40-18    isolation site and to reimburse the general revenue fund for
40-19    expenses incurred and paid by the authority in selecting,
40-20    characterizing, and licensing a disposal or assured isolation site.
40-21          (c)  This fee does not apply to health care providers or
40-22    institutions of higher education until a state  disposal or assured
40-23    isolation site [facility] is available to receive the generated
40-24    wastes.
40-25          (d)  Fees established under this section shall:
40-26                (1)  [include minimum and maximum annual fees in an
40-27    amount of at least $5 million for the 1992-1993 biennium to pay for
 41-1    the estimated costs of administering, implementing, and planning
 41-2    the activities authorized by this chapter and shall include at
 41-3    least $5 million to reimburse the general revenue fund for
 41-4    appropriations expended and incurred by the authority in selecting,
 41-5    characterizing, and licensing a disposal site;]
 41-6                [(2)]  take into account, the projected annual volume
 41-7    and the relative hazard presented by each type of low-level waste
 41-8    generated;
 41-9                (2) [(3)]  be collected by the department as provided
41-10    by Subchapter H, Chapter 401;
41-11                (3) [(4)]  be deposited in the state treasury to the
41-12    credit of the low-level waste fund[, except that at least $10
41-13    million assessed and collected in the 1992-1993 biennium to
41-14    reimburse the general revenue fund for expenses incurred prior to
41-15    September 1, 1991, shall be deposited in the state treasury to the
41-16    credit of the general revenue fund];
41-17                (4) [(5)]  be paid [in four quarterly equal
41-18    installments beginning on January 1, 1992, and] annually
41-19    [thereafter]; and
41-20                (5) [(6)]  expire on the date the authority begins
41-21    operation of a disposal or assured isolation facility.
41-22          (e)  Fees established under this section may not:
41-23                (1)  be assessed before the fiscal year following the
41-24    fiscal year in which the balance in the low-level waste fund falls
41-25    below $4 million;
41-26                (2)  be assessed in an amount that would result in a
41-27    total amount of fees assessed that exceeds $3 million in any fiscal
 42-1    biennium; or
 42-2                (3)  be collected at any time the low-level waste fund
 42-3    balance is $9 million or more.
 42-4          (f)  For each [the 1996-1997] biennium [and subsequent
 42-5    bienniums], the board shall assess a surcharge of 10 percent of the
 42-6    fee established for the biennium.
 42-7          [(f)  For the 1994-1995 biennium only, the board shall assess
 42-8    a surcharge of 10 percent of the fee established for the 1992-1993
 42-9    biennium.]
42-10          (g)  Surcharges assessed under Subsection [Subsections (e)
42-11    and] (f) shall be used to fund local public projects under
42-12    Subchapter I.
42-13          (i)  On termination of the imposition of fees under
42-14    Subsection (d)(5), the balance of the low-level waste fund
42-15    attributable to planning and implementation fees shall be
42-16    transferred to a separate account in the fund and credited pro rata
42-17    to generators who have paid planning and implementation fees.  A
42-18    generator who on the date the imposition of the fees is terminated
42-19    has paid all planning and implementation fees owed by the generator
42-20    under this section shall receive a credit equal to the amount of
42-21    the generator's pro rata share in the account established under
42-22    this section against waste acceptance fees the generator is
42-23    required to pay under Section 402.272 until the balance of the
42-24    generator's pro rata share in the account is exhausted.  A
42-25    generator who on the date the imposition of the fees is terminated
42-26    owes planning and implementation fees under this section is not
42-27    eligible for the credit.
 43-1          SECTION 70.  Section 402.273, Health and Safety Code, is
 43-2    amended to read as follows:
 43-3          Sec. 402.273.  WASTE ACCEPTANCE [DISPOSAL] FEE CRITERIA.  (a)
 43-4    Waste acceptance [disposal] fees adopted by the board must be
 43-5    sufficient to:
 43-6                (1)  allow the authority to recover operating and
 43-7    maintenance costs;
 43-8                (2)  provide an amount necessary to meet future costs
 43-9    of decommissioning, closing, and postclosure maintenance and
43-10    surveillance of the disposal or assured isolation site;
43-11                (3)  provide an amount to fund local public projects
43-12    under Subchapter I;
43-13                (4)  provide an amount sufficient to fund, in whole or
43-14    in part, a rangeland and wildlife management plan;
43-15                (5)  provide an amount necessary to pay licensing fees
43-16    and to provide security required by [the] commission or department
43-17    rules, as appropriate [under law and commission rules]; and
43-18                (6)  provide an amount necessary to fund debt service
43-19    and necessary fees and charges, including insurance premiums and
43-20    similar costs, associated with the issuance and payment of bonds
43-21    under Subchapter K.
43-22          (b)  This subsection applies only if the authority does not
43-23    issue bonds under Subchapter K. The waste acceptance [disposal]
43-24    fees must also include an amount sufficient to allow the authority
43-25    to recover expenses incurred before beginning operation of the
43-26    disposal or assured isolation site amortized over a period of not
43-27    more than 20 years beginning on the first day of operation of the
 44-1    [disposal] site.  The fees must be sufficient to recover the
 44-2    depository interest that the general revenue fund would have earned
 44-3    had the fund not been used to pay expenses incurred before the
 44-4    [disposal] site begins operation.  Depository interest recovered
 44-5    under this subsection shall be deposited to the credit of the
 44-6    general revenue fund.  Principal recovered under this subsection
 44-7    shall be deposited to the credit of the general revenue fund until
 44-8    the amount deposited has fully reimbursed the fund for expenses
 44-9    paid from the fund before the [disposal] site begins operation.
44-10    The remainder of the principal shall be deposited as provided by
44-11    Section 402.272(a).
44-12          (c)  The amount required by Subsection (a)(3) may not be less
44-13    than 10 percent of the annual gross receipts from waste received at
44-14    the disposal or assured isolation site.
44-15          SECTION 71.  Section 402.274, Health and Safety Code, is
44-16    amended to read as follows:
44-17          Sec. 402.274.  PROCESSING AND PACKAGING FEES.  The board by
44-18    rule shall adopt and periodically revise processing and packaging
44-19    fees according to a schedule that is based on the volume of
44-20    improperly processed or packaged low-level waste delivered to the
44-21    site for disposal or assured isolation and on the cost to the
44-22    authority for properly processing and packaging the low-level waste
44-23    in compliance with federal and state standards.
44-24          SECTION 72.  Section 402.275, Health and Safety Code, is
44-25    amended by amending Subsections (c), (d), and (f) and adding
44-26    Subsections (h) and (i) to read as follows:
44-27          (c)  Money received by the authority, including waste
 45-1    acceptance [disposal] fees, planning and implementation fees,
 45-2    surcharges on planning and implementation fees, processing and
 45-3    packaging fees, civil penalties, payments to the State of Texas
 45-4    under Public Law 99-240, payments made by a party state under
 45-5    Section 5.01 of the compact, and other receipts collected by the
 45-6    authority under this chapter shall be deposited to the credit of
 45-7    the low-level waste fund.
 45-8          (d)  Except as provided by Subsection (f), money in the
 45-9    low-level waste fund may be used to pay:
45-10                (1)  operating and maintenance costs of the authority;
45-11                (2)  future costs of decommissioning, closing, and
45-12    postclosure maintenance and surveillance of the disposal or assured
45-13    isolation site;
45-14                (3)  licensing fees and to provide security required by
45-15    the commission or department, as appropriate;
45-16                (4)  money judgments rendered against the authority
45-17    that are directed by a court of this state to be paid from this
45-18    fund;
45-19                (5)  expenses associated with implementation of the
45-20    rangeland and wildlife management plan;
45-21                (6)  funds for local public projects under Subchapter
45-22    I;
45-23                (7)  debt service and necessary fees and charges,
45-24    including insurance premiums and similar costs, associated with the
45-25    issuance and payment of bonds under Subchapter K; and
45-26                (8)  expenses for any other purpose under this chapter.
45-27          (f)  Payments to this state under Public Law 99-240 may be
 46-1    used only for the purposes stated in the federal law.  Payments
 46-2    made by a party state under Section 5.01 of the compact may be used
 46-3    only as provided by Subsection (h) or Section 402.277.
 46-4          (h)  The comptroller on receipt of a payment made by a party
 46-5    state under Section 5.01 of the compact shall transfer the payment
 46-6    to the low-level radioactive waste perpetual care fund.
 46-7          (i)  Notwithstanding the transfer required by Subsection (h),
 46-8    the comptroller shall retain in the low-level waste fund the first
 46-9    $25 million received from payments by party states under Section
46-10    5.01 of the compact.  That money may be appropriated only for the
46-11    construction by the authority of a disposal or assured isolation
46-12    site.
46-13          SECTION 73.  Subchapter J, Chapter 402, Health and Safety
46-14    Code, is amended by adding Section 402.277 to read as follows:
46-15          Sec. 402.277.  LOW-LEVEL RADIOACTIVE WASTE PERPETUAL CARE
46-16    FUND.  (a)  The low-level radioactive waste perpetual care fund is
46-17    a special account in the treasury outside the general revenue fund.
46-18          (b)  The fund consists of:
46-19                (1)  payments made by party states under Section 5.01
46-20    of the compact and transferred to the fund as required by Section
46-21    402.275(h); and
46-22                (2)  deposits to the fund from waste acceptance fees
46-23    imposed under Section 402.273 in amounts determined by the
46-24    authority to meet commission or department requirements, as
46-25    appropriate.
46-26          (c)  Interest earned on money in the fund shall be credited
46-27    to the fund.
 47-1          (d)  Subject to Subsection (e), money in the fund may be
 47-2    appropriated only for the long-term care and maintenance of a
 47-3    state-owned facility for the disposal or assured isolation of
 47-4    low-level radioactive waste, including use by the authority, the
 47-5    department, or the commission for decontamination, decommissioning,
 47-6    maintenance, surveillance, control, storage, and disposal
 47-7    activities related to the facility.
 47-8          (e)  Interest on money in the fund may be used for normal
 47-9    operating expenses of the authority as appropriated by the
47-10    legislature. The principal in the fund may not be used for normal
47-11    operating expenses of the authority, the commission, or the
47-12    department.
47-13          SECTION 74.  Sections 402.291(a) and (d), Health and Safety
47-14    Code, are amended to read as follows:
47-15          (a)  The authority may issue, sell, and provide for the
47-16    retirement of bonds to:
47-17                (1)  reimburse the general revenue fund for the
47-18    expenses incurred and paid by the authority in selecting, seeking
47-19    approval for, and constructing a disposal or assured isolation
47-20    site;
47-21                (2)  pay the expenses of selecting, seeking approval
47-22    of, and constructing a disposal or assured isolation site that were
47-23    not paid from the general revenue fund; and
47-24                (3)  provide required reserve funds and capitalized
47-25    interest, and to pay issuing expenses and other expenses associated
47-26    with the issuance and sale of bonds.
47-27          (d)  The Texas Public Finance Authority, acting on behalf of
 48-1    the Texas Low-Level Radioactive Waste Management [Disposal]
 48-2    Authority, shall issue all bonds authorized under this subchapter.
 48-3    In connection with the issuance of those bonds, the Texas Public
 48-4    Finance Authority is subject to all rights, duties, and conditions
 48-5    provided by this subchapter with respect to the issuance of bonds
 48-6    by the Texas Low-Level Radioactive Waste Management [Disposal]
 48-7    Authority.
 48-8          SECTION 75.  Section 403.001(a), Health and Safety Code, is
 48-9    amended to read as follows:
48-10          (a)  The governor shall appoint six members to represent this
48-11    state on the commission established by Article III of the Texas
48-12    Low-Level Radioactive Waste Disposal Compact.  One of the voting
48-13    members of the compact commission shall be a legal resident of the
48-14    host county [Hudspeth County, Texas].
48-15          SECTION 76.  Sections 402.059(d), 402.0921, 402.121, 402.127,
48-16    and 402.129, Health and Safety Code, are repealed.
48-17          SECTION 77.  The General Land Office shall transfer to Sul
48-18    Ross State University any land that was purchased before the
48-19    effective date of this Act for  a disposal site to be operated
48-20    under Chapter 402, Health and Safety Code, and for which a person
48-21    was denied a license to dispose of waste under that chapter at a
48-22    site located on that land.  The university is liable to any taxing
48-23    entity for property taxes due on the land.
48-24          SECTION 78.  This Act takes effect September 1, 1999.
48-25          SECTION 79.  The importance of this legislation and the
48-26    crowded condition of the calendars in both houses create an
48-27    emergency and an imperative public necessity that the
 49-1    constitutional rule requiring bills to be read on three several
 49-2    days in each house be suspended, and this rule is hereby suspended.