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.