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.