76R12562 E                           
         By Chisum                                             H.B. No. 1910
         Substitute the following for H.B. No. 1910:
         By Talton                                         C.S.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.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 402.001, Health and Safety Code, is
 1-6     amended to read as follows:
 1-7           Sec. 402.001.  SHORT TITLE.  This chapter may be cited as the
 1-8     Texas Low-Level Radioactive Waste Management [Disposal] Authority
 1-9     Act.
1-10           SECTION 2.  Section 402.002, Health and Safety Code, is
1-11     amended to read as follows:
1-12           Sec. 402.002.  FINDINGS; PURPOSE.  (a)  Low-level radioactive
1-13     waste is generated as a by-product of medical, research, and
1-14     industrial activities and through the operation of nuclear power
1-15     plants.  Loss of capability to manage [dispose of] low-level
1-16     radioactive waste would threaten the health and welfare of the
1-17     citizens of this state and would ultimately lead to the loss of the
1-18     benefits of those activities that are dependent on reliable
1-19     facilities for low-level radioactive waste management [disposal].
1-20           (b)  This state is currently dependent on low-level
1-21     radioactive waste disposal sites in other states.  Events have
1-22     demonstrated that the availability of those sites for the
1-23     management of low-level radioactive waste [disposal] is
1-24     increasingly uncertain and as a consequence, medical institutions,
 2-1     research facilities, and industries in this state could be
 2-2     adversely affected.
 2-3           (c)  The purpose of this chapter is to establish the Texas
 2-4     Low-Level Radioactive Waste Management [Disposal] Authority with
 2-5     responsibility for assuring necessary disposal or assured isolation
 2-6     capability for specific categories of low-level radioactive waste.
 2-7           SECTION 3.  Section 402.003, Health and Safety Code, is
 2-8     amended to read as follows:
 2-9           Sec. 402.003.  DEFINITIONS.  In this chapter:
2-10                 (1)  "Assured isolation" means an integrated management
2-11     system for isolating low-level radioactive waste, with the intent
2-12     of long-term management and disposal of the low-level radioactive
2-13     waste,  through robust, accessible facilities, planned preventive
2-14     maintenance, and sureties adequate to address contingencies or
2-15     implement future management alternatives.
2-16                 (2)  "Assured isolation site" means the property and
2-17     facilities acquired, constructed, and owned by the authority at
2-18     which low-level radioactive waste can be placed in above-grade,
2-19     concrete vaults designed to isolate low-level radioactive waste
2-20     with the intent of long-term management and disposal of low-level
2-21     radioactive waste and featuring accessibility, planned preventive
2-22     maintenance, and sureties adequate to address contingencies or
2-23     future management alternatives.
2-24                 (3) [(1)]  "Authority" means the Texas Low-Level
2-25     Radioactive Waste Management [Disposal] Authority.
2-26                 (4) [(2)]  "Board" means the board of directors of the
2-27     authority.
 3-1                 (5)  "Compact" means the Texas Low-Level Radioactive
 3-2     Waste Disposal Compact under Section 403.006.
 3-3                 (6) [(3)]  "Contract operator" means a political
 3-4     subdivision or agency of the state or a private entity with which
 3-5     the authority has entered into a contract under Section 402.212.
 3-6                 (7) [(4)]  "Department" means the Texas Department of
 3-7     Health.
 3-8                 (8) [(5)]  "Disposal site" means the property and
 3-9     facilities acquired, constructed, and owned by the authority at
3-10     which low-level waste can be processed and disposed of permanently.
3-11                 (9) [(6)]  "Low-level waste" means radioactive material
3-12     that has a half-life of 35 years or less or fewer than 10
3-13     nanocuries per gram of transuranics, and may include radioactive
3-14     material not excluded by this subdivision with a half-life of more
3-15     than 35 years if special criteria for disposal of that waste are
3-16     established by the commission.  The term does not include
3-17     irradiated reactor fuel and high-level radioactive waste as defined
3-18     by Title 10, Code of Federal Regulations.
3-19                 (10) [(7)]  "Management" means establishing, adopting,
3-20     and entering into and assuring compliance with the general
3-21     policies, rules, and contracts that govern the operation of a
3-22     disposal or assured isolation site.
3-23                 (11) [(8)]  "Operation" means the control, supervision,
3-24     and implementation of the actual physical activities involved in
3-25     the receipt, processing, packaging, storage, disposal, and
3-26     monitoring of low-level waste at a disposal or assured isolation
3-27     site, the maintenance of a disposal or assured isolation site, and
 4-1     any other responsibilities designated by the board as part of the
 4-2     operation.
 4-3                 (12)  "Party state" has the meaning assigned by Section
 4-4     2.01(13) of the compact.
 4-5                 (13) [(9)]  "Person" includes a legal successor to or
 4-6     representative, agent, or agency of any person.
 4-7                 (14) [(10)]  "Radioactive material" means solid,
 4-8     liquid, or gaseous material, whether occurring naturally or
 4-9     produced artificially, that emits radiation spontaneously.
4-10                 (15) [(11)]  "Rangeland and wildlife management plan"
4-11     means a plan that applies rangeland and wildlife habitat management
4-12     techniques to land located in the vicinity of a disposal or assured
4-13     isolation site so that the natural productivity and economic value
4-14     of the land are enhanced.
4-15                 (16) [(12)]  "Bond" means any type of obligation issued
4-16     by the authority under this chapter, including a certificate of
4-17     obligation, bond, note, draft, bill, warrant, debenture, interim
4-18     certificate, revenue or bond anticipation note, or other evidence
4-19     of indebtedness.
4-20                 (17) [(13)]  "Host county" means the county in which
4-21     the disposal or assured isolation site is or will be located.
4-22                 (18) [(14)]  "Commission" means the Texas Natural
4-23     Resource Conservation Commission.
4-24           SECTION 4.  Section 402.011, Health and Safety Code, is
4-25     amended to read as follows:
4-26           Sec. 402.011.  TEXAS LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT
4-27     [DISPOSAL] AUTHORITY.  (a) The Texas Low-Level Radioactive Waste
 5-1     Management [Disposal] Authority is a state agency created under
 5-2     Article XVI, Section 59(a), of the Texas Constitution.
 5-3           (b)  The authority has statewide jurisdiction.
 5-4           SECTION 5.  Section 402.012, Health and Safety Code, is
 5-5     amended to read as follows:
 5-6           Sec. 402.012.  SUNSET PROVISION.  The Texas Low-Level
 5-7     Radioactive Waste Management [Disposal] Authority is subject to
 5-8     Chapter 325, Government Code (Texas Sunset Act).  Unless continued
 5-9     in existence as provided by that chapter, the authority is
5-10     abolished and this chapter expires September 1, 2001.
5-11           SECTION 6.  Section 402.013(c), Health and Safety Code, is
5-12     amended to read as follows:
5-13           (c)  After a disposal or assured isolation site is selected
5-14     under Section 402.090, the governor shall appoint to the board, at
5-15     the earliest opportunity, at least one representative of the public
5-16     as a representative of local interests.  A representative of the
5-17     public appointed to represent local interests must be a resident of
5-18     the host county.  The representative may not be an elected county
5-19     official or a county employee.
5-20           SECTION 7.  Section 402.020, Health and Safety Code, is
5-21     amended to read as follows:
5-22           Sec. 402.020.  AUTHORITY OFFICES.  The board shall maintain:
5-23                 (1)  a central office in the city of Austin for
5-24     conducting the authority's business; and
5-25                 (2)  an authority office at a [each] disposal or
5-26     assured isolation site under construction or operated under this
5-27     chapter.
 6-1           SECTION 8.  Section 402.021(b), Health and Safety Code, is
 6-2     amended to read as follows:
 6-3           (b)  In accordance with Chapter 551, Government Code, the
 6-4     board shall hold an annual meeting in the host county with
 6-5     officials and representatives of political subdivisions of the host
 6-6     county to discuss concerns relating to that disposal or assured
 6-7     isolation site.
 6-8           SECTION 9.  Section 402.028, Health and Safety Code, is
 6-9     amended to read as follows:
6-10           Sec. 402.028.  CONTRACTS OVER $15,000.  (a)  Except as
6-11     provided by this section, if [If] the estimated amount of a
6-12     proposed contract for the purchase of materials, machinery,
6-13     equipment, or supplies is more than $15,000, the board shall ask
6-14     for competitive bids as provided by Subchapter B, Chapter 271,
6-15     Local Government Code.
6-16           (b)  The board may use the design-build method for the
6-17     construction of a disposal or assured isolation site facility.  In
6-18     using that method and entering into a contract for the services of
6-19     a design-build firm, the board shall follow the procedures
6-20     authorized by Section 51.780, Education Code, for institutions of
6-21     higher learning.
6-22           (c)  The board may use a design-build-operate method for the
6-23     construction and operation of a disposal or assured isolation site
6-24     facility.  If the board chooses this option, the board shall follow
6-25     the procedures authorized by Subsection (b) and, in addition, by
6-26     rule shall adopt and require for the facility operator professional
6-27     and performance qualifications that are substantially similar, for
 7-1     the services being contracted for, to the professional and
 7-2     performance requirements for architects and engineers under Section
 7-3     51.780, Education Code.
 7-4           (d)  This section does not apply to purchases of property
 7-5     from public agencies or to contracts for personal [or professional]
 7-6     services.
 7-7           SECTION 10.  Sections 402.029(a) and (c), Health and Safety
 7-8     Code, are amended to read as follows:
 7-9           (a)  The authority, through the board, may sue and be sued in
7-10     the name of the authority in any court of this state, except as to
7-11     matters pertaining to the site selection and licensing of a
7-12     disposal or assured isolation site [facility within the
7-13     geographical area of Hudspeth County, Texas, described in Section
7-14     402.0921], which suits may only be brought in the courts of Travis
7-15     County, Texas.
7-16           (c)  Any judgment, injunction, declaration, or writ issued
7-17     against the authority by a Texas court other than the supreme court
7-18     of Texas that is related to the site selection or licensing of a
7-19     disposal or assured isolation site [facility within the
7-20     geographical area of Hudspeth County, Texas, described in Section
7-21     402.0921] shall be automatically suspended upon the filing by the
7-22     authority of a notice of appeal or other submission to a higher
7-23     court challenging the judgment, injunction, declaration, or writ.
7-24     No Texas court other than the Texas supreme court shall have any
7-25     power to decline or otherwise affect the automatic suspension
7-26     pending appeal in such a case [related to Hudspeth County, Texas].
7-27           SECTION 11.  Sections 402.031(a), (b), (d), and (e), Health
 8-1     and Safety Code, are amended to read as follows:
 8-2           (a)  The board shall create a citizens advisory committee to
 8-3     perform oversight functions over a disposal or assured isolation
 8-4     site.
 8-5           (b)  The committee shall begin to perform its functions not
 8-6     earlier than the 30th day after the date on which construction of
 8-7     the disposal or assured isolation site begins.
 8-8           (d)  The committee shall:
 8-9                 (1)  conduct independent monitoring of [disposal] site
8-10     activities as authorized by guidelines adopted by the board;
8-11                 (2)  make recommendations to the board concerning
8-12     operations at the [disposal] site; and
8-13                 (3)  execute any other review and monitoring functions
8-14     as recommended by the committee and approved by the board.
8-15           (e)  Reasonable notice as required by the board must be given
8-16     to the manager of a disposal or assured isolation site before a
8-17     committee member enters the [a disposal] site to exercise any
8-18     function authorized by this section.  The board shall provide for
8-19     quarterly unannounced inspections of [disposal] site activities.
8-20           SECTION 12.  Section 402.032, Health and Safety Code, is
8-21     amended to read as follows:
8-22           Sec. 402.032.  AUTHORITY PURCHASE.  Except as provided under
8-23     Section 402.212, a [A] purchase by the authority of supplies,
8-24     materials, services, or equipment necessary to prepare, construct,
8-25     or operate a disposal or assured isolation site is exempt from the
8-26     purchasing requirements of Subtitle D, Title 10, Government Code.
8-27           SECTION 13.  Section 402.051, Health and Safety Code, is
 9-1     amended to read as follows:
 9-2           Sec. 402.051.  JURISDICTION OVER DISPOSAL OR ASSURED
 9-3     ISOLATION SITE.  (a)  The authority has jurisdiction over site
 9-4     selection, preparation, construction, operation, maintenance,
 9-5     decommissioning, closing, and financing of a disposal or assured
 9-6     isolation site [sites].
 9-7           (b)  A license for a disposal or assured isolation site shall
 9-8     be issued in the name of the authority and may not be transferred
 9-9     to a private entity.
9-10           SECTION 14.  Section 402.052, Health and Safety Code, is
9-11     amended to read as follows:
9-12           Sec. 402.052.  DEVELOPMENT AND OPERATION OF DISPOSAL OR
9-13     ASSURED ISOLATION SITE.  (a)  The authority shall develop and
9-14     operate one disposal or assured isolation site for the disposal,
9-15     assured isolation, or both disposal and assured isolation of
9-16     low-level waste in this state.
9-17           (b)  The authority may not develop or operate an assured
9-18     isolation site unless assured isolation at the site includes:
9-19                 (1)  above-grade vaults with internal access designed
9-20     to isolate the waste from the environment, from which the waste is
9-21     easily retrievable;
9-22                 (2)  individual monitoring of each waste structure or
9-23     building;
9-24                 (3)  monitoring of the ground beneath the assured
9-25     isolation facility and the perimeter of the facility for leakage;
9-26     and
9-27                 (4)  active inspection and preventive maintenance.
 10-1          SECTION 15.  Section 402.053, Health and Safety Code, is
 10-2    amended to read as follows:
 10-3          Sec. 402.053.  GENERAL POWERS.  To carry out this chapter,
 10-4    the authority may:
 10-5                (1)  apply for, receive, accept, and administer gifts,
 10-6    grants, and other funds available from any source;
 10-7                (2)  contract with the federal government, the state,
 10-8    interstate agencies, local governmental entities, and private
 10-9    entities to carry out this chapter and rules, standards, and orders
10-10    adopted under this chapter;
10-11                (3)  conduct, request, and participate in studies,
10-12    investigations, and research relating to selection, preparation,
10-13    construction, operation, maintenance, decommissioning, closing, and
10-14    financing of a disposal or assured isolation site [sites and
10-15    disposal of low-level waste]; and
10-16                (4)  advise, consult, and cooperate with the federal
10-17    government, the state, interstate agencies, local governmental
10-18    entities in this state, and private entities.
10-19          SECTION 16.  Section 402.058, Health and Safety Code, is
10-20    amended to read as follows:
10-21          Sec. 402.058.  HEALTH SURVEILLANCE SURVEY.  The board, in
10-22    cooperation with the commission, the Texas Department of Health,
10-23    and local public health officials, shall develop a health
10-24    surveillance survey for the population located in the vicinity of a
10-25    disposal or assured isolation site.
10-26          SECTION 17.  Section 402.059(a), Health and Safety Code, is
10-27    amended to read as follows:
 11-1          (a)  The authority, its employees, contractors, and agents
 11-2    may enter public or private property to assess the suitability of
 11-3    land for [a] disposal or assured isolation of low-level radioactive
 11-4    waste [site in Hudspeth County, Texas].
 11-5          SECTION 18.  Section 402.081, Health and Safety Code, is
 11-6    amended to read as follows:
 11-7          Sec. 402.081.  [DISPOSAL] SITE SELECTION STUDIES.  The
 11-8    authority shall make studies or contract for studies to be made of
 11-9    the future requirements for the management [disposal] of low-level
11-10    waste in this state and to determine the areas of the state that
11-11    are relatively more suitable than others for low-level waste
11-12    management [disposal] activities.
11-13          SECTION 19.  Subchapter D, Chapter 402, Health and Safety
11-14    Code, is amended by adding Section 402.0815 to read as follows:
11-15          Sec. 402.0815.  LOCATION OF SITE IN COUNTY BORDERING
11-16    INTERNATIONAL BOUNDARY PROHIBITED.  A low-level radioactive waste
11-17    disposal or assured isolation site may not be located in a county
11-18    that is adjacent to an international boundary.
11-19          SECTION 20.  Section 402.082, Health and Safety Code, is
11-20    amended to read as follows:
11-21          Sec. 402.082.  STUDY CRITERIA.  (a)  Studies required under
11-22    Section 402.081 regarding disposal must consider:
11-23                (1)  the volume of low-level waste generated by type
11-24    and source categories for the expected life of the disposal site,
11-25    including waste that may be generated from the decommissioning of
11-26    nuclear power plants located in this state;
11-27                (2)  geology;
 12-1                (3)  topography;
 12-2                (4)  transportation and access;
 12-3                (5)  meteorology;
 12-4                (6)  population density;
 12-5                (7)  surface and subsurface hydrology;
 12-6                (8)  flora and fauna;
 12-7                (9)  current land use;
 12-8                (10)  criteria established by the commission for
 12-9    disposal site selection;
12-10                (11)  the proximity of the disposal site to sources of
12-11    low-level waste, including related transportation costs, to the
12-12    extent that the proximity and transportation costs do not interfere
12-13    with selection of a suitable disposal site for protecting public
12-14    health and the environment;
12-15                (12)  other disposal site characteristics that may need
12-16    study on a preliminary basis and for which detailed study would be
12-17    required to prepare an application or license required for disposal
12-18    site operation; and
12-19                (13)  alternative management techniques, including
12-20    [aboveground isolation facilities,] waste processing and reduction
12-21    at the site of waste generation and at an authority management
12-22    site, and waste recycling.
12-23          (b)  Studies required under Section 402.081 regarding assured
12-24    isolation must consider:
12-25                (1)  the volume of low-level radioactive waste
12-26    generated by type and source categories for the expected life of
12-27    the assured isolation site, including waste that may be generated
 13-1    from the decommissioning of nuclear power plants located in this
 13-2    state or another state that is a party state under the compact;
 13-3                (2)  geology;
 13-4                (3)  hydrology;
 13-5                (4)  transportation and access;
 13-6                (5)  population density;
 13-7                (6)  meteorology;
 13-8                (7)  current land use;
 13-9                (8)  related transportation costs; and
13-10                (9)  other criteria established by the department for
13-11    assured isolation site selection.
13-12          SECTION 21.  Section 402.083, Health and Safety Code, is
13-13    amended to read as follows:
13-14          Sec. 402.083.  CHOOSING SITES FOR FURTHER ANALYSIS.  (a)  On
13-15    completion of the studies required by Section 402.081, the board
13-16    shall choose a [at least two] potential disposal or assured
13-17    isolation site [sites] for further analysis under Section 402.084.
13-18          (b)  In choosing a site under this section for further
13-19    analysis, the authority shall give preference to a county in which:
13-20                (1)  the majority of the voters voting in a nonbinding
13-21    referendum in the county called and held for the purpose favors the
13-22    establishment of a low-level radioactive waste management facility
13-23    in that county; and
13-24                (2)  the commissioners court has passed a resolution
13-25    that reports to favor the establishment of a low-level radioactive
13-26    waste management facility in the county.
13-27          (c)  A person is eligible to vote in a nonbinding referendum
 14-1    under this section only if the person was eligible to vote in the
 14-2    most recent gubernatorial election in the county in which the
 14-3    nonbinding referendum is to be held.
 14-4          (d)  The county may hold and shall pay for a nonbinding
 14-5    referendum held as described by Subsection (b)(1). The ballot shall
 14-6    include the following language:  "Would you be in favor of _______
 14-7    County being selected as the host county for a low-level
 14-8    radioactive waste management site?   Yes _____  No _____."  The
 14-9    nonbinding referendum shall be conducted as provided by the
14-10    Election Code, except that Section 41.001(a), Election Code, does
14-11    not apply to a referendum under this section.
14-12          (e)  For purposes of this section, a "nonbinding referendum"
14-13    is an election.
14-14          SECTION 22.  Section 402.084, Health and Safety Code, is
14-15    amended to read as follows:
14-16          Sec. 402.084.  EVALUATION OF POTENTIAL SITE [SITES].  (a)
14-17    For the [each] potential disposal or assured isolation site chosen
14-18    under Section 402.083, the authority shall evaluate or contract for
14-19    the evaluation of:
14-20                (1)  preoperating costs;
14-21                (2)  operating costs;
14-22                (3)  maintenance costs;
14-23                (4)  costs of decommissioning and extended care; and
14-24                (5)  socioeconomic, environmental, and public health
14-25    impacts associated with the site.
14-26          (b)  The socioeconomic impacts to be evaluated include fire,
14-27    police, education, utility, public works, public access, planning,
 15-1    and other governmental services and assumed and perceived risks of
 15-2    the disposal or assured isolation site [sites] and disposal or
 15-3    assured isolation activities.
 15-4          (c)  Public officials and members of local boards or
 15-5    governing bodies of local political subdivisions of the state in
 15-6    which a potential disposal or assured isolation site is located
 15-7    shall be invited to participate in appropriate evaluation
 15-8    activities.
 15-9          SECTION 23.  Section 402.085, Health and Safety Code, is
15-10    amended to read as follows:
15-11          Sec. 402.085.  SITE PROPOSAL.  On receiving the results of
15-12    the studies and evaluations required by Sections 402.081, 402.084,
15-13    and 402.087, the board shall propose the [a] site if the site
15-14    [that] appears to be [the most] suitable for [a] disposal or
15-15    assured isolation [site] and shall hold a public hearing to
15-16    consider whether that site should be selected as the state's
15-17    disposal or assured isolation site.
15-18          SECTION 24.  Section 402.086(a), Health and Safety Code, is
15-19    amended to read as follows:
15-20          (a)  Before the board gives notice of the hearing on a [the]
15-21    proposed disposal or assured isolation site, the authority shall
15-22    prepare a report that includes:
15-23                (1)  detailed information regarding all aspects of the
15-24    [disposal] site selection process;
15-25                (2)  criteria for [disposal] site selection as
15-26    established by the appropriate licensing authority; and
15-27                (3)  summaries of the studies required under Section
 16-1    402.081 and the evaluations required under Section 402.084.
 16-2          SECTION 25.  Sections 402.087(a) and (c), Health and Safety
 16-3    Code, are amended to read as follows:
 16-4          (a)  The authority may appoint a mediator to consider the
 16-5    views of parties interested in the selection of a disposal or
 16-6    assured isolation site.
 16-7          (c)  Mediation meetings may be held in the county [counties]
 16-8    in which the potential disposal or assured isolation site is [sites
 16-9    are] located and shall be held before the public hearing required
16-10    by Section 402.085.
16-11          SECTION 26.  Section 402.088(b), Health and Safety Code, is
16-12    amended to read as follows:
16-13          (b)  The board shall give notice of the hearing on the
16-14    proposed disposal or assured isolation site by publishing notice in
16-15    English and Spanish in a newspaper published in the host county.
16-16    The notice must be published at least once each week for four
16-17    consecutive weeks beginning not later than the 31st day before the
16-18    date set for the hearing.
16-19          SECTION 27.  Section 402.089, Health and Safety Code, is
16-20    amended to read as follows:
16-21          Sec. 402.089.  BOARD DETERMINATION; RESTRICTIONS ON SELECTION
16-22    NEAR RESERVOIR.  (a)  The board shall determine if the proposed
16-23    disposal or assured isolation site should be selected after a
16-24    thorough consideration of:
16-25                (1)  the studies and evaluations relating to site
16-26    selection;
16-27                (2)  the criteria required to be used in those studies;
 17-1    and
 17-2                (3)  testimony and evidence presented at the hearing.
 17-3          (b)  The board may not select a disposal or assured isolation
 17-4    site under this subchapter that is within 20 miles upstream or
 17-5    up-drainage from the maximum elevation of the surface of a
 17-6    reservoir project that:
 17-7                (1)  has been constructed or is under construction by
 17-8    the United States Bureau of Reclamation or the United States Corps
 17-9    of Engineers; or
17-10                (2)  has been approved for construction by the Texas
17-11    Water Development Board as part of the state water plan under
17-12    Subchapter C, Chapter 16, Water Code.
17-13          SECTION 28.  Section 402.090, Health and Safety Code, is
17-14    amended to read as follows:
17-15          Sec. 402.090.  ORDER DESIGNATING SITE.  If the board selects
17-16    a proposed [disposal] site as the disposal or assured isolation
17-17    site, the board by order shall designate the site as the disposal
17-18    or assured isolation site and shall issue a final report.
17-19          SECTION 29.  Section 402.091, Health and Safety Code, is
17-20    amended to read as follows:
17-21          Sec. 402.091.  REJECTION OF PROPOSED SITE.  (a)  If the board
17-22    determines that a proposed disposal or assured isolation site
17-23    should not be selected, the board shall issue an order rejecting
17-24    the site and shall call another hearing to consider another
17-25    proposed [disposal] site that appears suitable from the studies and
17-26    evaluations.
17-27          (b)  The board shall continue to follow the procedures of
 18-1    [disposal] site selection under this subchapter until a suitable
 18-2    disposal or assured isolation site is selected.
 18-3          SECTION 30.  Section 402.092, Health and Safety Code, is
 18-4    amended to read as follows:
 18-5          Sec. 402.092.  FINAL REPORT.  The authority shall submit to
 18-6    the governor and to the legislature for informational purposes a
 18-7    copy of the final report and order selecting a disposal or assured
 18-8    isolation site.
 18-9          SECTION 31.  Section 402.0922, Health and Safety Code, is
18-10    amended to read as follows:
18-11          Sec. 402.0922.  EMINENT DOMAIN.  The authority may acquire
18-12    land for a disposal or assured isolation site [within the
18-13    geographical area described in Section 402.0921] by condemnation
18-14    and in accordance with Chapter 21 of the Property Code.
18-15          SECTION 32.  Section 402.094, Health and Safety Code, is
18-16    amended to read as follows:
18-17          Sec. 402.094.  ACQUISITION OF PROPERTY.  (a)  The authority
18-18    may acquire by gift, grant, or purchase any land, easements,
18-19    rights-of-way, and other property interests necessary to construct
18-20    and operate a disposal or assured isolation site.
18-21          (b)  The authority must acquire the fee simple title to all
18-22    land and property that is a part of the licensed disposal or
18-23    assured isolation site.
18-24          (c)  The authority may lease property on terms and conditions
18-25    the board determines advantageous to the authority, but land that
18-26    is part of a licensed disposal or assured isolation site may be
18-27    leased only through [from] the Texas Public Finance Authority as
 19-1    provided by the Texas Public Finance Authority Act (Article 601d,
 19-2    Vernon's Texas Civil Statutes).
 19-3          (d)  The authority may lease land owned by the authority that
 19-4    is not part of a licensed disposal or assured isolation site.  Land
 19-5    leased by the authority under this section may be used only for
 19-6    agricultural, ranching, or grazing purposes.
 19-7          SECTION 33.  Section 402.122, Health and Safety Code, is
 19-8    amended to read as follows:
 19-9          Sec. 402.122.  ENTRY ON AND INVESTIGATION OF SCHOOL OR
19-10    UNIVERSITY LAND.  The authority may enter and investigate land
19-11    dedicated to the permanent school fund or the permanent university
19-12    fund to determine the suitability of the land for a disposal or
19-13    assured isolation site.
19-14          SECTION 34.  Section 402.123, Health and Safety Code, is
19-15    amended to read as follows:
19-16          Sec. 402.123.  PROCEDURE FOR SELECTION AND SALE OF SCHOOL OR
19-17    UNIVERSITY LAND.  (a)  If the board determines that a suitable
19-18    disposal or assured isolation site can be located on land dedicated
19-19    to the permanent school fund or permanent university fund and
19-20    issues an order selecting that site as a proposed disposal or
19-21    assured isolation site, the School Land Board or the board of
19-22    regents of The University of Texas System, as appropriate, shall
19-23    authorize the authority to enter on the land to conduct any studies
19-24    of the proposed site required by commission or department rule [a
19-25    detailed technical characterization of the proposed disposal site].
19-26          (b)  Notwithstanding any other law, if the board determines
19-27    at the completion [of the characterization period and the
 20-1    completion] of studies required by Subsection (a) and Subchapter D
 20-2    that the land should be purchased for the proposed disposal or
 20-3    assured isolation site, the School Land Board or the board of
 20-4    regents of The University of Texas System, as appropriate, shall
 20-5    have the land and any minerals in the land appraised and shall sell
 20-6    the land to the authority at the appraised value.
 20-7          SECTION 35.  Section 402.124(b), Health and Safety Code, is
 20-8    amended to read as follows:
 20-9          (b)  The authority may enter into an agreement to purchase
20-10    one or more parcels of land dedicated to the permanent school fund
20-11    or the permanent university fund of a size the board considers
20-12    appropriate for purposes of a disposal or assured isolation site.
20-13          SECTION 36.  Section 402.125(b), Health and Safety Code, is
20-14    amended to read as follows:
20-15          (b)  This section and Section 402.123 apply only to land
20-16    actually required for a [the] licensed disposal or assured
20-17    isolation site.
20-18          SECTION 37.  Section 402.126, Health and Safety Code, is
20-19    amended to read as follows:
20-20          Sec. 402.126.  RANGELAND AND WILDLIFE MANAGEMENT PLAN.  (a)
20-21    To implement a rangeland and wildlife management plan, the
20-22    authority may lease from the School Land Board or the board of
20-23    regents of The University of Texas System property that is
20-24    dedicated to the permanent school fund or the permanent university
20-25    fund and that is proximate to the [a] disposal or assured isolation
20-26    site.  Land leased for a rangeland and wildlife management plan may
20-27    not exceed 65,000 acres.
 21-1          (b)  The authority may [shall] lease from the School Land
 21-2    Board on the School Land Board's terms and conditions the land
 21-3    determined by the School Land Board as necessary to serve as a
 21-4    rangeland and wildlife management area [buffer] for the disposal or
 21-5    assured isolation site.  Land leased under this subsection shall be
 21-6    used by the authority to implement a rangeland and wildlife
 21-7    management plan.
 21-8          SECTION 38.  Section 402.128, Health and Safety Code, is
 21-9    amended to read as follows:
21-10          Sec. 402.128.  APPLICABLE STANDARDS.  The commission, the
21-11    department, or the authority may not lessen any standards for the
21-12    siting, construction, or operation of a [the] disposal or assured
21-13    isolation site because the site is located on state-owned land
21-14    dedicated to the permanent school fund or the permanent university
21-15    fund.
21-16          SECTION 39.  Section 402.151, Health and Safety Code, is
21-17    amended to read as follows:
21-18          Sec. 402.151.  PREPARATIONS FOR OBTAINING LICENSES AND
21-19    AUTHORIZATIONS.  After selection of the disposal or assured
21-20    isolation site, the board shall direct the general manager to
21-21    prepare necessary applications, disposal or assured isolation
21-22    plans, and other material for obtaining licenses and other
21-23    authorizations for the [disposal] site.
21-24          SECTION 40.  Section 402.1511, Health and Safety Code, is
21-25    amended to read as follows:
21-26          Sec. 402.1511.  COMMISSION OR DEPARTMENT LICENSE.  (a)
21-27    Notwithstanding any other provision of this chapter, the commission
 22-1    has sole authority to issue a license to operate a disposal site
 22-2    under this chapter and the department has sole authority to issue a
 22-3    license to operate an assured isolation site under this chapter.
 22-4          (b)  The authority or any other entity authorized by contract
 22-5    to operate a disposal or assured isolation site under this chapter
 22-6    may not operate the [disposal] site unless the authority [or
 22-7    entity] has first obtained an operating license as required [from
 22-8    the commission] under this section.
 22-9          (c)  [The authority or any other entity required by this
22-10    chapter to obtain a license to operate a disposal site under this
22-11    chapter is required to obtain the license from the commission and
22-12    not from the department.]
22-13          [(d)]  The commission and the department each may adopt any
22-14    rules reasonably necessary to exercise its authority under this
22-15    section.
22-16          SECTION 41.  Section 402.152, Health and Safety Code, is
22-17    amended to read as follows:
22-18          Sec. 402.152.  APPLICATIONS FOR LICENSES AND AUTHORIZATIONS.
22-19    (a) The authority shall submit to each federal and state agency
22-20    from which it must obtain licenses and other types of authorization
22-21    to construct and operate a disposal or assured isolation site the
22-22    necessary applications and information to obtain those licenses and
22-23    authorizations.
22-24          (b)  [Notwithstanding any other law or other provision of
22-25    this chapter, the authority shall submit to the appropriate state
22-26    and federal agencies an application to construct and operate a
22-27    disposal site located within the geographical area described in
 23-1    Section 402.0921.]
 23-2          [(c)]  The authority shall maintain such field offices and
 23-3    conduct such studies and activities as necessary to provide
 23-4    information required to support the license application for a
 23-5    disposal or assured isolation site [located within the geographical
 23-6    area described in Section 402.0921].
 23-7          (c) [(d)]  The commission or the department, as appropriate,
 23-8    shall complete its review of the completeness and administrative
 23-9    sufficiency of the application within 60 [30] days of receipt of
23-10    the application from the authority.  The authority shall promptly
23-11    respond to the commission's or the department's requests for
23-12    additional documentation or other information in order for the
23-13    commission or department to complete its sufficiency review of the
23-14    application.  If the commission or department does not inform the
23-15    authority within 60 [45] days of receipt of the application that
23-16    the application is administratively sufficient, the application is
23-17    presumed to be administratively sufficient.
23-18          (d) [(e)]  The commission or department shall:
23-19                (1)  complete all activities associated with the review
23-20    and processing of an application, including the publication of an
23-21    environmental assessment, if required, but excluding public
23-22    hearings, and either propose to issue or deny a license for the
23-23    operation of the site no later than 15 months after the date that
23-24    the application is declared or presumed to be administratively
23-25    sufficient; and
23-26                (2)  give priority to the review of the application
23-27    over all other radioactive materials and waste licensing and
 24-1    registration matters pending before the commission or department.
 24-2          SECTION 42.  Section 402.154, Health and Safety Code, is
 24-3    amended to read as follows:
 24-4          Sec. 402.154.  TECHNIQUES FOR MANAGING LOW-LEVEL WASTE.  (a)
 24-5    As a condition for obtaining a license, the authority must submit
 24-6    to the commission or the department, as appropriate, [its designee]
 24-7    evidence relating to the reasonableness of any technique to be
 24-8    practiced at the proposed disposal or assured isolation site for
 24-9    managing low-level waste.
24-10          (b)  Before determining the techniques to be used for
24-11    managing low-level waste, the authority shall study alternative
24-12    techniques, including:
24-13                (1)  waste processing and reduction at the site of
24-14    waste generation and at the disposal or assured isolation site; and
24-15                (2)  the use of assured [aboveground] isolation
24-16    facilities.
24-17          SECTION 43.  Section 402.155, Health and Safety Code, is
24-18    amended to read as follows:
24-19          Sec. 402.155.  DENIAL OF LICENSE APPLICATION.  If the
24-20    authority's application for a license for a [the] proposed disposal
24-21    or assured isolation site is denied, the board shall select an
24-22    alternative disposal or assured isolation site in the manner
24-23    provided by Subchapter D for the selection of the original proposed
24-24    [disposal] site.
24-25          SECTION 44.  Section 402.181, Health and Safety Code, is
24-26    amended to read as follows:
24-27          Sec. 402.181.  DISPOSAL OR ASSURED ISOLATION SITE
 25-1    CONSTRUCTION.  (a)  The authority shall construct or contract for
 25-2    construction as provided by this chapter all works and facilities
 25-3    on the disposal or assured isolation site and shall make
 25-4    improvements necessary to prepare the site for the management [for
 25-5    disposal and to permanently dispose] of low-level waste.
 25-6          (b)  Preparation and construction of works and facilities at
 25-7    the disposal or assured isolation site must be done in a manner
 25-8    that complies with rules and standards adopted by federal and state
 25-9    agencies for disposal or assured isolation sites, as appropriate,
25-10    and with the authority's site management [disposal] plans.
25-11          (c)  The authority may not begin construction of any part of
25-12    or any works associated with a low-level radioactive waste disposal
25-13    facility or assured isolation facility before the state has
25-14    acquired ownership of the land on which the facility is to be
25-15    located.  This subsection does not prohibit the authority from
25-16    performing site characterizations on land not yet acquired by the
25-17    state.
25-18          SECTION 45.  Section 402.182, Health and Safety Code, is
25-19    amended to read as follows:
25-20          Sec. 402.182.  DESIGN OF FACILITIES.  The board shall ensure
25-21    that the design of facilities for low-level waste disposal or
25-22    assured isolation incorporates, as far as possible, safeguards
25-23    against hazards resulting from earthquakes, local meteorological
25-24    conditions, including phenomena such as hurricanes, tornados,
25-25    [earthquakes, earth tremors,] violent storms, and susceptibility to
25-26    flooding.
25-27          SECTION 46.  Sections 402.183(a) and (b), Health and Safety
 26-1    Code, are amended to read as follows:
 26-2          (a)  The authority may contract with any person to construct
 26-3    any part of the works, facilities, and improvements at the disposal
 26-4    or assured isolation site.
 26-5          (b)  The contract must specifically provide for termination
 26-6    by the authority if the contractor fails to comply with federal and
 26-7    state standards and rules or with the authority's disposal or
 26-8    assured isolation site plans.
 26-9          SECTION 47.  Section 402.211, Health and Safety Code, is
26-10    amended to read as follows:
26-11          Sec. 402.211.  MANAGEMENT AND OPERATION OF DISPOSAL OR
26-12    ASSURED ISOLATION SITE.  The board shall manage and, if necessary,
26-13    operate the disposal or assured isolation site licensed [sites]
26-14    under this chapter.  The management and operation must be in
26-15    compliance with laws, rules, and standards of federal and state
26-16    agencies that have jurisdiction over disposal or assured isolation
26-17    sites.  The board shall take any action necessary under this
26-18    chapter to manage and operate the disposal or assured isolation
26-19    site [sites] in a manner that will protect the public health and
26-20    safety and the environment.
26-21          SECTION 48.  Section 402.212, Health and Safety Code, is
26-22    amended to read as follows:
26-23          Sec. 402.212.  CONTRACT FOR OPERATION OF DISPOSAL OR ASSURED
26-24    ISOLATION SITE.  (a)  The board, after bidding conducted in
26-25    accordance with Section 402.028, may contract with a political
26-26    subdivision or agency of the state or a private entity to perform
26-27    the overall operation of a disposal or assured isolation site.
 27-1          (b)  The board by rule shall establish criteria for
 27-2    determining the competence of a political subdivision or agency of
 27-3    the state or a private entity to perform the overall operation of a
 27-4    disposal or assured isolation site.
 27-5          (c)  A contract under this section may not relieve the
 27-6    authority of its management responsibility under this chapter.
 27-7          SECTION 49.  Section 402.213, Health and Safety Code, is
 27-8    amended to read as follows:
 27-9          Sec. 402.213.  CONTRACT AUTHORITY OF BOARD.  In contracting
27-10    with a contract operator, the board may:
27-11                (1)  select the contract operator before the authority
27-12    [it] obtains the license for the disposal or assured isolation site
27-13    so that the board may allow the contract operator to advise and
27-14    consult with the board, general manager, and staff of the authority
27-15    on the design and disposal or assured isolation plans for the site;
27-16                (2)  require the contract operator to make all tests,
27-17    keep all records, and prepare all reports required by licenses
27-18    issued for disposal or assured isolation site operations;
27-19                (3)  require standards of performance;
27-20                (4)  require posting of a bond or other financial
27-21    security by the contract operator to ensure safe operation and
27-22    decommissioning of the disposal or assured isolation site; and
27-23                (5)  establish other requirements, including operator
27-24    liability requirements, necessary to assure that the disposal or
27-25    assured isolation site is properly operated and that the public
27-26    health and safety and the environment are protected.
27-27          SECTION 50.  Section 402.214, Health and Safety Code, is
 28-1    amended to read as follows:
 28-2          Sec. 402.214.  PROVISIONS OF OPERATION CONTRACT.  A contract
 28-3    to operate a disposal or assured isolation site must specify that:
 28-4                (1)  the board retains management authority over the
 28-5    [disposal] site and may monitor and inspect any part of the site
 28-6    and operations on the site at any time;
 28-7                (2)  the contract operator must operate the [disposal]
 28-8    site in a manner that complies with the law and licenses regulating
 28-9    operations at the site that are issued by the commission or
28-10    department, as appropriate, and the federal government;
28-11                (3)  the contract operator must comply with rules
28-12    adopted by the board that govern operation of the [disposal] site;
28-13    and
28-14                (4)  the contract is subject to termination after
28-15    notice and hearing if the contract operator fails to comply with a
28-16    license issued for the [disposal] site by the commission or
28-17    department, as appropriate, or [by the] federal government, fails
28-18    to comply with the rules of the authority, or fails to comply with
28-19    the contract.
28-20          SECTION 51.  Section 402.215, Health and Safety Code, is
28-21    amended to read as follows:
28-22          Sec. 402.215.  ON-SITE OPERATOR.  (a)  An on-site operator
28-23    who is responsible for all operations at the disposal or assured
28-24    isolation site shall supervise the [each disposal] site.
28-25          (b)  The general manager shall employ the on-site operator at
28-26    a disposal or assured isolation site operated by the authority.
28-27          (c)  If the authority contracts for the overall operation of
 29-1    a disposal or assured isolation site, the on-site operator must be
 29-2    a representative of the contract operator.
 29-3          SECTION 52.  Section 402.216, Health and Safety Code, is
 29-4    amended to read as follows:
 29-5          Sec. 402.216.  RULES RELATING TO DISPOSAL OR ASSURED
 29-6    ISOLATION SITE.  (a)  The board shall adopt rules governing:
 29-7                (1)  the operation of the disposal or assured isolation
 29-8    site [sites];
 29-9                (2)  acceptance of low-level waste;
29-10                (3)  maintenance and monitoring of the disposal or
29-11    assured isolation site [sites]; and
29-12                (4)  activities relating to the management and
29-13    operation of the disposal or assured isolation site [sites].
29-14          (b)  Rules adopted under this section may not be less
29-15    stringent than those adopted by the commission or department, as
29-16    appropriate.
29-17          SECTION 53.  Section 402.217, Health and Safety Code, is
29-18    amended to read as follows:
29-19          Sec. 402.217.  [DISPOSAL] SITE ACTIVITIES.  (a)  The
29-20    authority may adopt any methods and techniques for low-level
29-21    radioactive waste management [permanent disposal] that comply with
29-22    federal and state standards for low-level radioactive waste
29-23    management [disposal] and that protect the public health and safety
29-24    and the environment.
29-25          (b)  The authority may provide facilities at disposal or
29-26    assured isolation sites for processing and packaging low-level
29-27    radioactive waste [for disposal].
 30-1          SECTION 54.  Section 402.218, Health and Safety Code, is
 30-2    amended to read as follows:
 30-3          Sec. 402.218.  ACCEPTANCE OF LOW-LEVEL WASTE.  (a)  Subject
 30-4    to limitations provided by Section 402.219, the [each] disposal or
 30-5    assured isolation site shall accept for management [disposal] all
 30-6    low-level radioactive waste that is presented to it and that is
 30-7    properly processed and packaged.
 30-8          (b)  On acceptance by the disposal or assured isolation site,
 30-9    title and liability for the low-level radioactive waste transfers
30-10    to the authority.
30-11          SECTION 55.  Section 402.219, Health and Safety Code, is
30-12    amended to read as follows:
30-13          Sec. 402.219.  LIMITATIONS ON WASTE ACCEPTANCE [DISPOSAL].
30-14    (a)  Except as provided by an interstate compact, a licensed
30-15    disposal or assured isolation site may accept only low-level waste
30-16    that is generated in this state.
30-17          (b)  The board by rule shall exclude from a licensed disposal
30-18    or assured isolation site certain types of low-level waste that are
30-19    incompatible with site [disposal] operations.
30-20          (c)  The state may enter into compacts with another state or
30-21    several states for the acceptance and management [disposal] in this
30-22    state of low-level radioactive waste only if the compact:
30-23                (1)  limits the total volume of all low-level
30-24    radioactive waste for disposal or assured isolation [to be disposed
30-25    of] in this state from the other state or states to 20 percent of
30-26    the annual average of low-level radioactive waste that the governor
30-27    projects will be produced in this state from the years 1995 through
 31-1    2045;
 31-2                (2)  gives this state full administrative control over
 31-3    management and operation of the disposal or assured isolation site;
 31-4                (3)  requires the other state or states to join this
 31-5    state in any legal action necessary to prevent states that are not
 31-6    members of the compact from delivering [disposing of] low-level
 31-7    radioactive waste to [at] the disposal or assured isolation site;
 31-8                (4)  allows this state to charge a fee for the
 31-9    management [disposal] of low-level radioactive waste at the
31-10    [disposal] site;
31-11                (5)  requires the other state or states to join in any
31-12    legal action involving liability from the [disposal] site;
31-13                (6)  requires the other state or states to share the
31-14    full cost of constructing the [disposal] site;
31-15                (7)  allows this state to regulate, in accordance with
31-16    federal law, the means and routes of transportation of the
31-17    low-level radioactive waste in this state;
31-18                (8)  requires the other state or states to pay for
31-19    community assistance projects selected by the host county in an
31-20    amount not less than $1 million or 10 percent of the amount
31-21    contributed by the other state or states;
31-22                (9)  is agreed to by the Texas Legislature, the
31-23    legislature of the other state or states, and the United States
31-24    Congress; and
31-25                (10)  complies with all applicable federal law.
31-26          (d)  This section does not affect the ability of this state
31-27    to transfer low-level radioactive waste to another state.
 32-1          (e)  If this state enters into a compact with another state
 32-2    and the terms of the compact conflict with this section, the terms
 32-3    of the compact control.
 32-4          (f)  Notwithstanding any other law, neither the board nor the
 32-5    contract operator may accept from a state other than Texas, Maine,
 32-6    or Vermont any low-level radioactive waste for disposal or assured
 32-7    isolation at a compact facility unless:
 32-8                (1)  disposal or assured isolation of low-level
 32-9    radioactive waste from that state  at that compact facility has
32-10    been approved by the compact commission as provided in the compact;
32-11                (2)  the total volume of low-level radioactive waste to
32-12    be accepted from all states other than Texas, Maine, and Vermont
32-13    will not exceed 10 percent of the volume expected to be placed in
32-14    the compact facility by the host state generators during the
32-15    operating life of the compact facility;
32-16                (3)  the board properly contracts with the generator of
32-17    the low-level radioactive waste; and
32-18                (4)  the acceptance of the low-level radioactive waste
32-19    complies with all rules and license limitations for the compact
32-20    facility established by the board and the commission or department,
32-21    as appropriate.
32-22          (g)  The total volume of low-level radioactive waste
32-23    authorized to be accepted from states other than Texas, Maine, and
32-24    Vermont by Subsection (f)(2) is in addition to the amount
32-25    authorized by and established under Section 3.04(11) of the
32-26    compact.
32-27          SECTION 56.  Sections 402.220(a), (c), and (d), Health and
 33-1    Safety Code, are amended to read as follows:
 33-2          (a)  To protect the public health and safety and the
 33-3    environment, the board, after notice and hearing, shall adopt an
 33-4    emergency response plan for the [each] disposal or assured
 33-5    isolation site to be implemented if the [disposal] site becomes a
 33-6    threat to the public health or safety or to the environment.
 33-7          (c)  The authority may construct or contract for the
 33-8    construction of facilities and procure equipment required to
 33-9    provide fire, police, and emergency medical services needed to
33-10    support the disposal or assured isolation site.
33-11          (d)  The facilities shall be:
33-12                (1)  constructed proximate to the disposal or assured
33-13    isolation site or in the nearest community, as determined by the
33-14    board; and
33-15                (2)  in operation before the first day of operation of
33-16    the [disposal] site.
33-17          SECTION 57.  Section 402.221(b), Health and Safety Code, is
33-18    amended to read as follows:
33-19          (b)  An inspector employed by the department or under
33-20    contract to the department shall inspect all packaged radioactive
33-21    waste before it is transported to a [permanent] disposal or assured
33-22    isolation site in this state.
33-23          SECTION 58.  Section 402.222, Health and Safety Code, is
33-24    amended to read as follows:
33-25          Sec. 402.222.  SHIPMENT OF LOW-LEVEL WASTE.  (a)  On arrival
33-26    of a shipment of low-level waste at the [a] disposal or assured
33-27    isolation site, the on-site operator or the operator's agent must
 34-1    determine that the waste complies with all laws, rules, and
 34-2    standards relating to processing and packaging of low-level waste
 34-3    before the waste is accepted for disposal or assured isolation at
 34-4    the [disposal] site.
 34-5          (b)  A person making a shipment of low-level waste that is in
 34-6    excess of 75 cubic feet shall give the on-site operator of the
 34-7    disposal or assured isolation site written notice of the shipment
 34-8    at least 72 hours before shipment to the [disposal] site begins.
 34-9    The written notice must contain information required by the board.
34-10          SECTION 59.  Section 402.223, Health and Safety Code, is
34-11    amended to read as follows:
34-12          Sec. 402.223.  IMPROPERLY PROCESSED OR PACKAGED LOW-LEVEL
34-13    WASTE.  (a)  If low-level waste that is not properly processed or
34-14    packaged arrives at the [a] disposal or assured isolation site, the
34-15    on-site operator or the operator's agent shall properly process and
34-16    package the waste for disposal or assured isolation, as
34-17    appropriate, and charge the person making the shipment the fee
34-18    required by Section 402.274.
34-19          (b)  The on-site operator or the operator's agent shall
34-20    report to the federal and state agencies that establish rules and
34-21    standards for processing, packaging, and transporting low-level
34-22    waste any person who delivers to the [a] disposal or assured
34-23    isolation site low-level waste that is not properly processed or
34-24    packaged.
34-25          SECTION 60.  Section 402.224(a), Health and Safety Code, is
34-26    amended to read as follows:
34-27          (a)  An on-site operator who accepts mixed waste at the [a]
 35-1    disposal or assured isolation site shall comply with Chapter 361
 35-2    (Solid Waste Disposal Act), the Resource Conservation and Recovery
 35-3    Act of 1976 (42 U.S.C. 6901 et seq.), and this chapter.
 35-4          SECTION 61.  Section 402.225, Health and Safety Code, is
 35-5    amended to read as follows:
 35-6          Sec. 402.225.  BELOWGROUND DISPOSAL RESTRICTED.  Low-level
 35-7    waste may not be disposed of in a landfill below the natural level
 35-8    of a disposal site unless:
 35-9                (1)  [federal or state regulatory programs for
35-10    low-level waste preclude or recommend against aboveground disposal,
35-11    or the authority has by rule determined that below ground disposal
35-12    provides greater protection than aboveground disposal for public
35-13    health and the environment for the period for which the low-level
35-14    waste will continue to pose a hazard to public health and the
35-15    environment;]
35-16                [(2)]  the low-level waste is contained within a
35-17    reinforced concrete barrier or within containment structures made
35-18    of materials technologically equivalent or superior to reinforced
35-19    concrete; and
35-20                (2) [(3)]  the low-level waste is contained in such a
35-21    manner that it can be monitored and retrieved.
35-22          SECTION 62.  Section 402.226(a), Health and Safety Code, is
35-23    amended to read as follows:
35-24          (a)  The authority may not use shallow land burial or
35-25    improved shallow land burial as a [the] disposal technique at the
35-26    licensed disposal or assured isolation site.
35-27          SECTION 63.  Section 402.228, Health and Safety Code, is
 36-1    amended to read as follows:
 36-2          Sec. 402.228.  DECOMMISSIONING AND CLOSING [DISPOSAL] SITE.
 36-3    (a)  On a finding by the board, after notice and hearing, that a
 36-4    disposal or assured isolation site should be closed, the authority
 36-5    and the contract operator, if any, shall decommission the
 36-6    [disposal] site in compliance with federal and state law, rules,
 36-7    and standards and with rules and plans of the authority.
 36-8          (b)  On completion of decommissioning activities and receipt
 36-9    of necessary approval from federal and state agencies, the board
36-10    shall, if required by law, transfer to the commission or the
36-11    department, as appropriate, fee simple title to the disposal or
36-12    assured isolation site.
36-13          SECTION 64.  Section 402.252(a), Health and Safety Code, is
36-14    amended to read as follows:
36-15          (a)  The board shall quarterly transfer money in the
36-16    low-level waste fund generated by planning and implementation fee
36-17    surcharges under Sections 402.2721(e) and (f), and that portion of
36-18    waste acceptance [disposal] fees identifiable as adopted for the
36-19    purposes of Sections 402.273(a)(3) and (b) to the commissioners
36-20    court of the host county.
36-21          SECTION 65.  Section 402.271, Health and Safety Code, is
36-22    amended to read as follows:
36-23          Sec. 402.271.  AUTHORITY'S EXPENSES.  The authority's
36-24    expenses shall be paid from:
36-25                (1)  waste acceptance [disposal] fees;
36-26                (2)  planning and implementation fees;
36-27                (3)  proceeds from the sale of bonds under Subchapter
 37-1    K;
 37-2                (4)  contributions from members of a low-level waste
 37-3    compact entered into under Section 402.219(c);
 37-4                (5)  surcharge rebates made by the United States
 37-5    Department of Energy pursuant to Pub.L. No. 99-240;
 37-6                (6)  appropriations made by the legislature; and
 37-7                (7)  other receipts, fees, and interest earned in funds
 37-8    authorized by or collected under this subchapter and deposited in
 37-9    the low-level waste fund.
37-10          SECTION 66.  Section 402.272, Health and Safety Code, is
37-11    amended to read as follows:
37-12          Sec. 402.272.  WASTE ACCEPTANCE [DISPOSAL] FEES.  (a)  The
37-13    board shall have collected a waste acceptance [disposal] fee to be
37-14    paid by each person who delivers low-level waste to the disposal or
37-15    assured isolation site [authority for disposal].
37-16          (b)  The board by rule shall adopt and periodically revise
37-17    waste acceptance [disposal] fees according to a schedule that is
37-18    based on the projected annual volume of low-level waste received,
37-19    the relative hazard presented by each type of low-level waste that
37-20    is generated by the users of radioactive materials, and the costs
37-21    identified in Section 402.273.
37-22          (c)  In determining relative hazard, the board shall consider
37-23    the radioactive, physical, and chemical properties of each type of
37-24    low-level waste.
37-25          SECTION 67.  Section 402.2721, Health and Safety Code, is
37-26    amended by amending Subsections (b)-(g) and adding Subsection (i)
37-27    to read as follows:
 38-1          (b)  This fee shall be in an amount that is sufficient to
 38-2    allow the authority to recover present and future costs of
 38-3    administering, implementing, and planning the activities authorized
 38-4    by this chapter before the operation of a disposal or assured
 38-5    isolation site and to reimburse the general revenue fund for
 38-6    expenses incurred and paid by the authority in selecting,
 38-7    characterizing, and licensing a disposal or assured isolation site.
 38-8          (c)  This fee does not apply to health care providers or
 38-9    institutions of higher education until a state  disposal or assured
38-10    isolation site [facility] is available to receive the generated
38-11    wastes.
38-12          (d)  Fees established under this section shall:
38-13                (1)  [include minimum and maximum annual fees in an
38-14    amount of at least $5 million for the 1992-1993 biennium to pay for
38-15    the estimated costs of administering, implementing, and planning
38-16    the activities authorized by this chapter and shall include at
38-17    least $5 million to reimburse the general revenue fund for
38-18    appropriations expended and incurred by the authority in selecting,
38-19    characterizing, and licensing a disposal site;]
38-20                [(2)]  take into account, the projected annual volume
38-21    and the relative hazard presented by each type of low-level waste
38-22    generated;
38-23                (2) [(3)]  be collected by the department as provided
38-24    by Subchapter H, Chapter 401;
38-25                (3) [(4)]  be deposited in the state treasury to the
38-26    credit of the low-level waste fund[, except that at least $10
38-27    million assessed and collected in the 1992-1993 biennium to
 39-1    reimburse the general revenue fund for expenses incurred prior to
 39-2    September 1, 1991, shall be deposited in the state treasury to the
 39-3    credit of the general revenue fund];
 39-4                (4) [(5)]  be paid [in four quarterly equal
 39-5    installments beginning on January 1, 1992, and] annually
 39-6    [thereafter]; and
 39-7                (5) [(6)]  expire on the date the authority begins
 39-8    operation of a disposal or assured isolation facility.
 39-9          (e)  Fees established under this section may not:
39-10                (1)  be assessed before the fiscal year following the
39-11    fiscal year in which the balance in the low-level waste fund falls
39-12    below $4 million;
39-13                (2)  be assessed in an amount that would result in a
39-14    total amount of fees assessed that exceeds $3 million in any fiscal
39-15    biennium; or
39-16                (3)  be collected at any time the low-level waste fund
39-17    balance is $9 million or more.
39-18          (f)  For each [the 1996-1997] biennium [and subsequent
39-19    bienniums], the board shall assess a surcharge of 10 percent of the
39-20    fee established for the biennium.
39-21          [(f)  For the 1994-1995 biennium only, the board shall assess
39-22    a surcharge of 10 percent of the fee established for the 1992-1993
39-23    biennium.]
39-24          (g)  Surcharges assessed under Subsection [Subsections (e)
39-25    and] (f) shall be used to fund local public projects under
39-26    Subchapter I.
39-27          (i)  On termination of the imposition of fees under
 40-1    Subsection (d)(5), the balance of the low-level waste fund
 40-2    attributable to planning and implementation fees shall be
 40-3    transferred to a separate account in the fund and credited pro rata
 40-4    to generators who have paid planning and implementation fees.  A
 40-5    generator who on the date the imposition of the fees is terminated
 40-6    has paid all planning and implementation fees owed by the generator
 40-7    under this section shall receive a credit equal to the amount of
 40-8    the generator's pro rata share in the account established under
 40-9    this section against waste acceptance fees the generator is
40-10    required to pay under Section 402.272 until the balance of the
40-11    generator's pro rata share in the account is exhausted.  A
40-12    generator who on the date the imposition of the fees is terminated
40-13    owes planning and implementation fees under this section is not
40-14    eligible for the credit.
40-15          SECTION 68.  Section 402.273, Health and Safety Code, is
40-16    amended to read as follows:
40-17          Sec. 402.273.  WASTE ACCEPTANCE [DISPOSAL] FEE CRITERIA.  (a)
40-18    Waste acceptance [disposal] fees adopted by the board must be
40-19    sufficient to:
40-20                (1)  allow the authority to recover operating and
40-21    maintenance costs;
40-22                (2)  provide an amount necessary to meet future costs
40-23    of decommissioning, closing, and postclosure maintenance and
40-24    surveillance of the disposal or assured isolation site;
40-25                (3)  provide an amount to fund local public projects
40-26    under Subchapter I;
40-27                (4)  provide an amount sufficient to fund, in whole or
 41-1    in part, a rangeland and wildlife management plan;
 41-2                (5)  provide an amount necessary to pay licensing fees
 41-3    and to provide security required by [the] commission or department
 41-4    rules, as appropriate [under law and commission rules]; and
 41-5                (6)  provide an amount necessary to fund debt service
 41-6    and necessary fees and charges, including insurance premiums and
 41-7    similar costs, associated with the issuance and payment of bonds
 41-8    under Subchapter K.
 41-9          (b)  This subsection applies only if the authority does not
41-10    issue bonds under Subchapter K. The acceptance [waste disposal]
41-11    fees must also include an amount sufficient to allow the authority
41-12    to recover expenses incurred before beginning operation of the
41-13    disposal or assured isolation site amortized over a period of not
41-14    more than 20 years beginning on the first day of operation of the
41-15    [disposal] site.  The fees must be sufficient to recover the
41-16    depository interest that the general revenue fund would have earned
41-17    had the fund not been used to pay expenses incurred before the
41-18    [disposal] site begins operation.  Depository interest recovered
41-19    under this subsection shall be deposited to the credit of the
41-20    general revenue fund.  Principal recovered under this subsection
41-21    shall be deposited to the credit of the general revenue fund until
41-22    the amount deposited has fully reimbursed the fund for expenses
41-23    paid from the fund before the [disposal] site begins operation.
41-24    The remainder of the principal shall be deposited as provided by
41-25    Section 402.272(a).
41-26          (c)  The amount required by Subsection (a)(3) may not be less
41-27    than 10 percent of the annual gross receipts from waste received at
 42-1    the disposal or assured isolation site.
 42-2          SECTION 69.  Section 402.274, Health and Safety Code, is
 42-3    amended to read as follows:
 42-4          Sec. 402.274.  PROCESSING AND PACKAGING FEES.  The board by
 42-5    rule shall adopt and periodically revise processing and packaging
 42-6    fees according to a schedule that is based on the volume of
 42-7    improperly processed or packaged low-level waste delivered to the
 42-8    site for disposal or assured isolation and on the cost to the
 42-9    authority for properly processing and packaging the low-level waste
42-10    in compliance with federal and state standards.
42-11          SECTION 70.  Section 402.275, Health and Safety Code, is
42-12    amended by amending Subsections (c), (d), and (f) and adding
42-13    Subsections (h) and (i) to read as follows:
42-14          (c)  Money received by the authority, including waste
42-15    acceptance [disposal] fees, planning and implementation fees,
42-16    surcharges on planning and implementation fees, processing and
42-17    packaging fees, civil penalties, payments to the State of Texas
42-18    under Public Law 99-240, payments made by a party state under
42-19    Section 5.01 of the compact, and other receipts collected by the
42-20    authority under this chapter shall be deposited to the credit of
42-21    the low-level waste fund.
42-22          (d)  Except as provided by Subsection (f), money in the
42-23    low-level waste fund may be used to pay:
42-24                (1)  operating and maintenance costs of the authority;
42-25                (2)  future costs of decommissioning, closing, and
42-26    postclosure maintenance and surveillance of the disposal or assured
42-27    isolation site;
 43-1                (3)  licensing fees and to provide security required by
 43-2    the commission or department, as appropriate;
 43-3                (4)  money judgments rendered against the authority
 43-4    that are directed by a court of this state to be paid from this
 43-5    fund;
 43-6                (5)  expenses associated with implementation of the
 43-7    rangeland and wildlife management plan;
 43-8                (6)  funds for local public projects under Subchapter
 43-9    I;
43-10                (7)  debt service and necessary fees and charges,
43-11    including insurance premiums and similar costs, associated with the
43-12    issuance and payment of bonds under Subchapter K; and
43-13                (8)  expenses for any other purpose under this chapter.
43-14          (f)  Payments to this state under Public Law 99-240 may be
43-15    used only for the purposes stated in the federal law.  Payments
43-16    made by a party state under Section 5.01 of the compact may be used
43-17    only as provided by Subsection (h) or Section 402.277.
43-18          (h)  The comptroller on receipt of a payment made by a party
43-19    state under Section 5.01 of the compact shall transfer the payment
43-20    to the low-level radioactive waste perpetual care fund.
43-21          (i)  Notwithstanding the transfer required by Subsection (h),
43-22    the comptroller shall retain in the low-level waste fund the first
43-23    $25 million received from payments by party states under Section
43-24    5.01 of the compact.  That money may be appropriated only for the
43-25    construction by the authority of a disposal or assured isolation
43-26    site.
43-27          SECTION 71.  Subchapter J, Chapter 402, Health and Safety
 44-1    Code, is amended by adding Section 402.277 to read as follows:
 44-2          Sec. 402.277.  LOW-LEVEL RADIOACTIVE WASTE PERPETUAL CARE
 44-3    FUND.  (a)  The low-level radioactive waste perpetual care fund is
 44-4    a special account in the treasury outside the general revenue fund.
 44-5          (b)  The fund consists of:
 44-6                (1)  payments made by party states under Section 5.01
 44-7    of the compact and transferred to the fund as required by Section
 44-8    402.275(h); and
 44-9                (2)  deposits to the fund from waste acceptance fees
44-10    imposed under Section 402.273 in amounts determined by the
44-11    authority to meet commission or department requirements, as
44-12    appropriate.
44-13          (c)  Interest earned on money in the fund shall be credited
44-14    to the fund.
44-15          (d)  Subject to Subsection (e), money in the fund may be
44-16    appropriated only for the long-term care and maintenance of a
44-17    state-owned facility for the disposal or assured isolation of
44-18    low-level radioactive waste, including use by the authority, the
44-19    department, or the commission for decontamination, decommissioning,
44-20    maintenance, surveillance, control, storage, and disposal
44-21    activities related to the facility.
44-22          (e)  Interest on money in the fund may be used for normal
44-23    operating expenses of the authority as appropriated by the
44-24    legislature. The principal in the fund may not be used for normal
44-25    operating expenses of the authority, the commission, or the
44-26    department.
44-27          SECTION 72.  Sections 402.291(a) and (d), Health and Safety
 45-1    Code, are amended to read as follows:
 45-2          (a)  The authority may issue, sell, and provide for the
 45-3    retirement of bonds to:
 45-4                (1)  reimburse the general revenue fund for the
 45-5    expenses incurred and paid by the authority in selecting, seeking
 45-6    approval for, and constructing a disposal or assured isolation
 45-7    site;
 45-8                (2)  pay the expenses of selecting, seeking approval
 45-9    of, and constructing a disposal or assured isolation site that were
45-10    not paid from the general revenue fund; and
45-11                (3)  provide required reserve funds and capitalized
45-12    interest, and to pay issuing expenses and other expenses associated
45-13    with the issuance and sale of bonds.
45-14          (d)  The Texas Public Finance Authority, acting on behalf of
45-15    the Texas Low-Level Radioactive Waste Management [Disposal]
45-16    Authority, shall issue all bonds authorized under this subchapter.
45-17    In connection with the issuance of those bonds, the Texas Public
45-18    Finance Authority is subject to all rights, duties, and conditions
45-19    provided by this subchapter with respect to the issuance of bonds
45-20    by the Texas Low-Level Radioactive Waste Management [Disposal]
45-21    Authority.
45-22          SECTION 73.  Section 403.001(a), Health and Safety Code, is
45-23    amended to read as follows:
45-24          (a)  The governor shall appoint six members to represent this
45-25    state on the commission established by Article III of the Texas
45-26    Low-Level Radioactive Waste Disposal Compact.  One of the voting
45-27    members of the compact commission shall be a legal resident of the
 46-1    host county [Hudspeth County, Texas].
 46-2          SECTION 74.  Sections 402.059(d), 402.0921, 402.121, 402.127,
 46-3    and 402.129, Health and Safety Code, are repealed.
 46-4          SECTION 75.  This Act takes effect September 1, 1999.
 46-5          SECTION 76.  The importance of this legislation and the
 46-6    crowded condition of the calendars in both houses create an
 46-7    emergency and an imperative public necessity that the
 46-8    constitutional rule requiring bills to be read on three several
 46-9    days in each house be suspended, and this rule is hereby suspended.