By Chisum H.B. No. 1910
76R3677 MI-F
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 site" means the property and
2-11 facilities acquired, constructed, and owned by the authority at
2-12 which low-level radioactive waste can be placed in above-grade,
2-13 concrete vaults designed to isolate low-level radioactive waste
2-14 while preserving options for long-term low-level radioactive waste
2-15 management and featuring accessibility, planned preventive
2-16 maintenance, and sureties adequate to address contingencies or
2-17 future management alternatives.
2-18 (2) [(1)] "Authority" means the Texas Low-Level
2-19 Radioactive Waste Management [Disposal] Authority.
2-20 (3) [(2)] "Board" means the board of directors of the
2-21 authority.
2-22 (4) "Compact" means the Texas Low-Level Radioactive
2-23 Waste Disposal Compact under Section 403.006.
2-24 (5) [(3)] "Contract operator" means a political
2-25 subdivision or agency of the state or a private entity with which
2-26 the authority has entered into a contract under Section 402.212.
2-27 (6) [(4)] "Department" means the Texas Department of
3-1 Health.
3-2 (7) [(5)] "Disposal site" means the property and
3-3 facilities acquired, constructed, and owned by the authority at
3-4 which low-level waste can be processed and disposed of permanently.
3-5 (8) [(6)] "Low-level waste" means radioactive material
3-6 that has a half-life of 35 years or less or fewer than 10
3-7 nanocuries per gram of transuranics, and may include radioactive
3-8 material not excluded by this subdivision with a half-life of more
3-9 than 35 years if special criteria for disposal of that waste are
3-10 established by the commission. The term does not include
3-11 irradiated reactor fuel and high-level radioactive waste as defined
3-12 by Title 10, Code of Federal Regulations.
3-13 (9) [(7)] "Management" means establishing, adopting,
3-14 and entering into and assuring compliance with the general
3-15 policies, rules, and contracts that govern the operation of a
3-16 disposal or assured isolation site.
3-17 (10) [(8)] "Operation" means the control, supervision,
3-18 and implementation of the actual physical activities involved in
3-19 the receipt, processing, packaging, storage, disposal, and
3-20 monitoring of low-level waste at a disposal or assured isolation
3-21 site, the maintenance of a disposal or assured isolation site, and
3-22 any other responsibilities designated by the board as part of the
3-23 operation.
3-24 (11) "Party state" has the meaning assigned by Section
3-25 2.01(13) of the compact.
3-26 (12) [(9)] "Person" includes a legal successor to or
3-27 representative, agent, or agency of any person.
4-1 (13) [(10)] "Radioactive material" means solid,
4-2 liquid, or gaseous material, whether occurring naturally or
4-3 produced artificially, that emits radiation spontaneously.
4-4 (14) [(11)] "Rangeland and wildlife management plan"
4-5 means a plan that applies rangeland and wildlife habitat management
4-6 techniques to land located in the vicinity of a disposal or assured
4-7 isolation site so that the natural productivity and economic value
4-8 of the land are enhanced.
4-9 (15) [(12)] "Bond" means any type of obligation issued
4-10 by the authority under this chapter, including a certificate of
4-11 obligation, bond, note, draft, bill, warrant, debenture, interim
4-12 certificate, revenue or bond anticipation note, or other evidence
4-13 of indebtedness.
4-14 (16) [(13)] "Host county" means the county in which
4-15 the disposal or assured isolation site is or will be located.
4-16 (17) [(14)] "Commission" means the Texas Natural
4-17 Resource Conservation Commission.
4-18 (18) "Temporary storage" means the placement of
4-19 low-level radioactive waste in constructed facilities for eventual
4-20 placement in a disposal or assured isolation site.
4-21 SECTION 4. Section 402.012, Health and Safety Code, is
4-22 amended to read as follows:
4-23 Sec. 402.012. SUNSET PROVISION. The Texas Low-Level
4-24 Radioactive Waste Management [Disposal] Authority is subject to
4-25 Chapter 325, Government Code (Texas Sunset Act). Unless continued
4-26 in existence as provided by that chapter, the authority is
4-27 abolished and this chapter expires September 1, 2007 [2001].
5-1 SECTION 5. Section 402.013(c), Health and Safety Code, is
5-2 amended to read as follows:
5-3 (c) After a disposal or assured isolation site is selected
5-4 under Section 402.090, the governor shall appoint to the board, at
5-5 the earliest opportunity, at least one representative of the public
5-6 as a representative of local interests. A representative of the
5-7 public appointed to represent local interests must be a resident of
5-8 the host county. The representative may not be an elected county
5-9 official or a county employee.
5-10 SECTION 6. Section 402.020, Health and Safety Code, is
5-11 amended to read as follows:
5-12 Sec. 402.020. AUTHORITY OFFICES. The board shall maintain:
5-13 (1) a central office in the city of Austin for
5-14 conducting the authority's business; and
5-15 (2) an authority office at a [each] disposal or
5-16 assured isolation site under construction or operated under this
5-17 chapter.
5-18 SECTION 7. Section 402.021(b), Health and Safety Code, is
5-19 amended to read as follows:
5-20 (b) In accordance with Chapter 551, Government Code, the
5-21 board shall hold an annual meeting in the host county with
5-22 officials and representatives of political subdivisions of the host
5-23 county to discuss concerns relating to that disposal or assured
5-24 isolation site.
5-25 SECTION 8. Section 402.028, Health and Safety Code, is
5-26 amended to read as follows:
5-27 Sec. 402.028. CONTRACTS OVER $15,000. (a) Except as
6-1 provided by this section, if [If] the estimated amount of a
6-2 proposed contract for the purchase of materials, machinery,
6-3 equipment, or supplies is more than $15,000, the board shall ask
6-4 for competitive bids as provided by Subchapter B, Chapter 271,
6-5 Local Government Code.
6-6 (b) The board may use the design-build method for the
6-7 construction of a disposal or assured isolation site facility. In
6-8 using that method and entering into a contract for the services of
6-9 a design-build firm, the board shall follow the procedures
6-10 authorized by Section 51.780, Education Code, for institutions of
6-11 higher learning.
6-12 (c) The board may use a design-build-operate method for the
6-13 construction and operation of a disposal or assured isolation site
6-14 facility. If the board chooses this option, the board shall follow
6-15 the procedures authorized by Subsection (b) and, in addition, by
6-16 rule shall adopt and require for the facility operator professional
6-17 and performance qualifications that are substantially similar, for
6-18 the services being contracted for, to the professional and
6-19 performance requirements for architects and engineers under Section
6-20 51.780, Education Code.
6-21 (d) This section does not apply to purchases of property
6-22 from public agencies or to contracts for personal [or professional]
6-23 services.
6-24 SECTION 9. Sections 402.029(a) and (c), Health and Safety
6-25 Code, are amended to read as follows:
6-26 (a) The authority, through the board, may sue and be sued in
6-27 the name of the authority in any court of this state, except as to
7-1 matters pertaining to the site selection and licensing of a
7-2 disposal or assured isolation site [facility within the
7-3 geographical area of Hudspeth County, Texas, described in Section
7-4 402.0921], which suits may only be brought in the courts of Travis
7-5 County, Texas.
7-6 (c) Any judgment, injunction, declaration, or writ issued
7-7 against the authority by a Texas court other than the supreme court
7-8 of Texas that is related to the site selection or licensing of a
7-9 disposal or assured isolation site [facility within the
7-10 geographical area of Hudspeth County, Texas, described in Section
7-11 402.0921] shall be automatically suspended upon the filing by the
7-12 authority of a notice of appeal or other submission to a higher
7-13 court challenging the judgment, injunction, declaration, or writ.
7-14 No Texas court other than the Texas supreme court shall have any
7-15 power to decline or otherwise affect the automatic suspension
7-16 pending appeal in such a case [related to Hudspeth County, Texas].
7-17 SECTION 10. Sections 402.031(a), (d), and (e), Health and
7-18 Safety Code, are amended to read as follows:
7-19 (a) The board shall create a citizens advisory committee to
7-20 perform oversight functions over a disposal or assured isolation
7-21 site.
7-22 (d) The committee shall:
7-23 (1) conduct independent monitoring of [disposal] site
7-24 activities as authorized by guidelines adopted by the board;
7-25 (2) make recommendations to the board concerning
7-26 operations at the [disposal] site; and
7-27 (3) execute any other review and monitoring functions
8-1 as recommended by the committee and approved by the board.
8-2 (e) Reasonable notice as required by the board must be given
8-3 to the manager of a disposal or assured isolation site before a
8-4 committee member enters the [a disposal] site to exercise any
8-5 function authorized by this section. The board shall provide for
8-6 quarterly unannounced inspections of [disposal] site activities.
8-7 SECTION 11. Section 402.032, Health and Safety Code, is
8-8 amended to read as follows:
8-9 Sec. 402.032. AUTHORITY PURCHASE. Except as provided under
8-10 Section 402.212, a [A] purchase by the authority of supplies,
8-11 materials, services, or equipment necessary to prepare, construct,
8-12 or operate a disposal or assured isolation site is exempt from the
8-13 purchasing requirements of Subtitle D, Title 10, Government Code.
8-14 SECTION 12. Section 402.051, Health and Safety Code, is
8-15 amended to read as follows:
8-16 Sec. 402.051. JURISDICTION OVER DISPOSAL OR ASSURED
8-17 ISOLATION SITE. (a) The authority has jurisdiction over site
8-18 selection, preparation, construction, operation, maintenance,
8-19 decommissioning, closing, and financing of a disposal or assured
8-20 isolation site [sites].
8-21 (b) A license for a disposal or assured isolation site shall
8-22 be issued in the name of the authority and may not be transferred
8-23 to a private entity.
8-24 SECTION 13. Section 402.052, Health and Safety Code, is
8-25 amended to read as follows:
8-26 Sec. 402.052. DEVELOPMENT AND OPERATION OF DISPOSAL OR
8-27 ASSURED ISOLATION SITE. The authority shall develop and operate
9-1 one disposal or assured isolation site for the disposal, assured
9-2 isolation, or both disposal and assured isolation of low-level
9-3 waste in this state.
9-4 SECTION 14. Subchapter C, Chapter 402, Health and Safety
9-5 Code, is amended by adding Section 402.0521 to read as follows:
9-6 Sec. 402.0521. TEMPORARY STORAGE FACILITIES. (a) The
9-7 authority may construct and operate temporary storage facilities
9-8 for low-level radioactive waste generated in this state and in the
9-9 compact.
9-10 (b) The authority may contract with a political subdivision
9-11 or other agency of the state or a private entity to construct and
9-12 operate a temporary storage facility.
9-13 (c) A license issued for a temporary storage facility under
9-14 this section shall be issued in the name of the authority and may
9-15 not be transferred to a private entity.
9-16 (d) The authority by rule may charge a fee to a person
9-17 delivering low-level radioactive waste to a temporary storage
9-18 facility. The fee shall be in an amount sufficient to recover
9-19 costs of constructing, operating, and maintaining the temporary
9-20 storage facility.
9-21 SECTION 15. Section 402.053, Health and Safety Code, is
9-22 amended to read as follows:
9-23 Sec. 402.053. GENERAL POWERS. To carry out this chapter,
9-24 the authority may:
9-25 (1) apply for, receive, accept, and administer gifts,
9-26 grants, and other funds available from any source;
9-27 (2) contract with the federal government, the state,
10-1 interstate agencies, local governmental entities, and private
10-2 entities to carry out this chapter and rules, standards, and orders
10-3 adopted under this chapter;
10-4 (3) conduct, request, and participate in studies,
10-5 investigations, and research relating to selection, preparation,
10-6 construction, operation, maintenance, decommissioning, closing, and
10-7 financing of disposal or assured isolation sites [and disposal of
10-8 low-level waste]; and
10-9 (4) advise, consult, and cooperate with the federal
10-10 government, the state, interstate agencies, local governmental
10-11 entities in this state, and private entities.
10-12 SECTION 16. Section 402.058, Health and Safety Code, is
10-13 amended to read as follows:
10-14 Sec. 402.058. HEALTH SURVEILLANCE SURVEY. The board, in
10-15 cooperation with the commission, the Texas Department of Health,
10-16 and local public health officials, shall develop a health
10-17 surveillance survey for the population located in the vicinity of a
10-18 disposal or assured isolation site.
10-19 SECTION 17. Section 402.059(a), Health and Safety Code, is
10-20 amended to read as follows:
10-21 (a) The authority, its employees, contractors, and agents
10-22 may enter public or private property to assess the suitability of
10-23 land for [a] disposal or assured isolation of low-level radioactive
10-24 waste [site in Hudspeth County, Texas].
10-25 SECTION 18. Section 402.081, Health and Safety Code, is
10-26 amended to read as follows:
10-27 Sec. 402.081. [DISPOSAL] SITE SELECTION STUDIES. The
11-1 authority shall make studies or contract for studies to be made of
11-2 the future requirements for the management [disposal] of low-level
11-3 waste in this state and to determine the areas of the state that
11-4 are relatively more suitable than others for low-level waste
11-5 management [disposal] activities. The authority shall give
11-6 preference in its site selection process to counties that volunteer
11-7 to be host counties.
11-8 SECTION 19. Section 402.082, Health and Safety Code, is
11-9 amended to read as follows:
11-10 Sec. 402.082. STUDY CRITERIA. (a) Studies required under
11-11 Section 402.081 regarding disposal must consider:
11-12 (1) the volume of low-level waste generated by type
11-13 and source categories for the expected life of the disposal site,
11-14 including waste that may be generated from the decommissioning of
11-15 nuclear power plants located in this state;
11-16 (2) geology;
11-17 (3) topography;
11-18 (4) transportation and access;
11-19 (5) meteorology;
11-20 (6) population density;
11-21 (7) surface and subsurface hydrology;
11-22 (8) flora and fauna;
11-23 (9) current land use;
11-24 (10) criteria established by the commission for
11-25 disposal site selection;
11-26 (11) the proximity of the disposal site to sources of
11-27 low-level waste, including related transportation costs, to the
12-1 extent that the proximity and transportation costs do not interfere
12-2 with selection of a suitable disposal site for protecting public
12-3 health and the environment;
12-4 (12) other disposal site characteristics that may need
12-5 study on a preliminary basis and for which detailed study would be
12-6 required to prepare an application or license required for disposal
12-7 site operation; and
12-8 (13) alternative management techniques, including
12-9 [aboveground isolation facilities,] waste processing and reduction
12-10 at the site of waste generation and at an authority management
12-11 site, and waste recycling.
12-12 (b) Studies required under Section 402.081 regarding assured
12-13 isolation must consider:
12-14 (1) the volume of low-level radioactive waste
12-15 generated by type and source categories for the expected life of
12-16 the assured isolation site, including waste that may be generated
12-17 from the decommissioning of nuclear power plants located in this
12-18 state or another state that is a party state under the compact;
12-19 (2) transportation and access;
12-20 (3) population density;
12-21 (4) meteorology;
12-22 (5) current land use;
12-23 (6) proximity of the site to sources of low-level
12-24 radioactive waste, including related transportation costs; and
12-25 (7) other criteria established by the department for
12-26 assured isolation site selection.
12-27 SECTION 20. Section 402.083, Health and Safety Code, is
13-1 amended to read as follows:
13-2 Sec. 402.083. CHOOSING SITES FOR FURTHER ANALYSIS. On
13-3 completion of the studies required by Section 402.081, the board
13-4 shall choose a [at least two] potential disposal or assured
13-5 isolation site [sites] for further analysis under Section 402.084.
13-6 SECTION 21. Section 402.084, Health and Safety Code, is
13-7 amended to read as follows:
13-8 Sec. 402.084. EVALUATION OF POTENTIAL SITE [SITES]. (a)
13-9 For the [each] potential disposal or assured isolation site chosen
13-10 under Section 402.083, the authority shall evaluate or contract for
13-11 the evaluation of:
13-12 (1) preoperating costs;
13-13 (2) operating costs;
13-14 (3) maintenance costs;
13-15 (4) costs of decommissioning and extended care; and
13-16 (5) socioeconomic, environmental, and public health
13-17 impacts associated with the site.
13-18 (b) The socioeconomic impacts to be evaluated include fire,
13-19 police, education, utility, public works, public access, planning,
13-20 and other governmental services and assumed and perceived risks of
13-21 the disposal or assured isolation site [sites] and disposal or
13-22 assured isolation activities.
13-23 (c) Public officials and members of local boards or
13-24 governing bodies of local political subdivisions of the state in
13-25 which a potential disposal or assured isolation site is located
13-26 shall be invited to participate in appropriate evaluation
13-27 activities.
14-1 SECTION 22. Section 402.085, Health and Safety Code, is
14-2 amended to read as follows:
14-3 Sec. 402.085. SITE PROPOSAL. On receiving the results of
14-4 the studies and evaluations required by Sections 402.081, 402.084,
14-5 and 402.087, the board shall propose the [a] site if the site
14-6 [that] appears to be [the most] suitable for [a] disposal or
14-7 assured isolation [site] and shall hold a public hearing to
14-8 consider whether that site should be selected as the state's
14-9 disposal or assured isolation site.
14-10 SECTION 23. Section 402.086(a), Health and Safety Code, is
14-11 amended to read as follows:
14-12 (a) Before the board gives notice of the hearing on a [the]
14-13 proposed disposal or assured isolation site, the authority shall
14-14 prepare a report that includes:
14-15 (1) detailed information regarding all aspects of the
14-16 [disposal] site selection process;
14-17 (2) criteria for [disposal] site selection as
14-18 established by the appropriate licensing authority; and
14-19 (3) summaries of the studies required under Section
14-20 402.081 and the evaluations required under Section 402.084.
14-21 SECTION 24. Sections 402.087(a) and (c), Health and Safety
14-22 Code, are amended to read as follows:
14-23 (a) The authority may appoint a mediator to consider the
14-24 views of parties interested in the selection of a disposal or
14-25 assured isolation site.
14-26 (c) Mediation meetings may be held in the county [counties]
14-27 in which the potential disposal or assured isolation site is [sites
15-1 are] located and shall be held before the public hearing required
15-2 by Section 402.085.
15-3 SECTION 25. Section 402.088(b), Health and Safety Code, is
15-4 amended to read as follows:
15-5 (b) The board shall give notice of the hearing on the
15-6 proposed disposal or assured isolation site by publishing notice in
15-7 English and Spanish in a newspaper published in the host county.
15-8 The notice must be published at least once each week for four
15-9 consecutive weeks beginning not later than the 31st day before the
15-10 date set for the hearing.
15-11 SECTION 26. Section 402.089, Health and Safety Code, is
15-12 amended to read as follows:
15-13 Sec. 402.089. BOARD DETERMINATION; RESTRICTIONS ON SELECTION
15-14 NEAR RESERVOIR. (a) The board shall determine if the proposed
15-15 disposal or assured isolation site should be selected after a
15-16 thorough consideration of:
15-17 (1) the studies and evaluations relating to site
15-18 selection;
15-19 (2) the criteria required to be used in those studies;
15-20 and
15-21 (3) testimony and evidence presented at the hearing.
15-22 (b) The board may not select a disposal or assured isolation
15-23 site under this subchapter that is within 20 miles upstream or
15-24 up-drainage from the maximum elevation of the surface of a
15-25 reservoir project that:
15-26 (1) has been constructed or is under construction by
15-27 the United States Bureau of Reclamation or the United States Corps
16-1 of Engineers; or
16-2 (2) has been approved for construction by the Texas
16-3 Water Development Board as part of the state water plan under
16-4 Subchapter C, Chapter 16, Water Code.
16-5 SECTION 27. Section 402.090, Health and Safety Code, is
16-6 amended to read as follows:
16-7 Sec. 402.090. ORDER DESIGNATING SITE. If the board selects
16-8 a proposed [disposal] site as the disposal or assured isolation
16-9 site, the board by order shall designate the site as the disposal
16-10 or assured isolation site and shall issue a final report.
16-11 SECTION 28. Section 402.091, Health and Safety Code, is
16-12 amended to read as follows:
16-13 Sec. 402.091. REJECTION OF PROPOSED SITE. (a) If the board
16-14 determines that a proposed disposal or assured isolation site
16-15 should not be selected, the board shall issue an order rejecting
16-16 the site and shall call another hearing to consider another
16-17 proposed [disposal] site that appears suitable from the studies and
16-18 evaluations.
16-19 (b) The board shall continue to follow the procedures of
16-20 [disposal] site selection under this subchapter until a suitable
16-21 disposal or assured isolation site is selected.
16-22 SECTION 29. Section 402.092, Health and Safety Code, is
16-23 amended to read as follows:
16-24 Sec. 402.092. FINAL REPORT. The authority shall submit to
16-25 the governor and to the legislature for informational purposes a
16-26 copy of the final report and order selecting a disposal or assured
16-27 isolation site.
17-1 SECTION 30. Section 402.0922, Health and Safety Code, is
17-2 amended to read as follows:
17-3 Sec. 402.0922. EMINENT DOMAIN. The authority may acquire
17-4 land for a disposal or assured isolation site [within the
17-5 geographical area described in Section 402.0921] by condemnation
17-6 and in accordance with Chapter 21 of the Property Code.
17-7 SECTION 31. Section 402.094, Health and Safety Code, is
17-8 amended to read as follows:
17-9 Sec. 402.094. ACQUISITION OF PROPERTY. (a) The authority
17-10 may acquire by gift, grant, or purchase any land, easements,
17-11 rights-of-way, and other property interests necessary to construct
17-12 and operate a disposal or assured isolation site.
17-13 (b) The authority must acquire the fee simple title to all
17-14 land and property that is a part of the licensed disposal or
17-15 assured isolation site.
17-16 (c) The authority may lease property on terms and conditions
17-17 the board determines advantageous to the authority, but land that
17-18 is part of a licensed disposal or assured isolation site may be
17-19 leased only through [from] the Texas Public Finance Authority as
17-20 provided by the Texas Public Finance Authority Act (Article 601d,
17-21 Vernon's Texas Civil Statutes).
17-22 (d) The authority may lease land owned by the authority that
17-23 is not part of a licensed disposal or assured isolation site. Land
17-24 leased by the authority under this section may be used only for
17-25 agricultural, ranching, or grazing purposes.
17-26 SECTION 32. Section 402.122, Health and Safety Code, is
17-27 amended to read as follows:
18-1 Sec. 402.122. ENTRY ON AND INVESTIGATION OF SCHOOL OR
18-2 UNIVERSITY LAND. The authority may enter and investigate land
18-3 dedicated to the permanent school fund or the permanent university
18-4 fund to determine the suitability of the land for a disposal or
18-5 assured isolation site.
18-6 SECTION 33. Section 402.123, Health and Safety Code, is
18-7 amended to read as follows:
18-8 Sec. 402.123. PROCEDURE FOR SELECTION AND SALE OF SCHOOL OR
18-9 UNIVERSITY LAND. (a) If the board determines that a suitable
18-10 disposal or assured isolation site can be located on land dedicated
18-11 to the permanent school fund or permanent university fund and
18-12 issues an order selecting that site as a proposed disposal or
18-13 assured isolation site, the School Land Board or the board of
18-14 regents of The University of Texas System, as appropriate, shall
18-15 authorize the authority to enter on the land to conduct any studies
18-16 of the proposed site required by commission or department rule [a
18-17 detailed technical characterization of the proposed disposal site].
18-18 (b) Notwithstanding any other law, if the board determines
18-19 at the completion [of the characterization period and the
18-20 completion] of studies required by Subsection (a) and Subchapter D
18-21 that the land should be purchased for the proposed disposal or
18-22 assured isolation site, the School Land Board or the board of
18-23 regents of The University of Texas System, as appropriate, shall
18-24 have the land and any minerals in the land appraised and shall sell
18-25 the land to the authority at the appraised value.
18-26 SECTION 34. Section 402.124(b), Health and Safety Code, is
18-27 amended to read as follows:
19-1 (b) The authority may enter into an agreement to purchase
19-2 one or more parcels of land dedicated to the permanent school fund
19-3 or the permanent university fund of a size the board considers
19-4 appropriate for purposes of a disposal or assured isolation site.
19-5 SECTION 35. Section 402.125(b), Health and Safety Code, is
19-6 amended to read as follows:
19-7 (b) This section and Section 402.123 apply only to land
19-8 actually required for a [the] licensed disposal or assured
19-9 isolation site.
19-10 SECTION 36. Section 402.126, Health and Safety Code, is
19-11 amended to read as follows:
19-12 Sec. 402.126. RANGELAND AND WILDLIFE MANAGEMENT PLAN. (a)
19-13 To implement a rangeland and wildlife management plan, the
19-14 authority may lease from the School Land Board or the board of
19-15 regents of The University of Texas System property that is
19-16 dedicated to the permanent school fund or the permanent university
19-17 fund and that is proximate to the [a] disposal or assured isolation
19-18 site. Land leased for a rangeland and wildlife management plan may
19-19 not exceed 65,000 acres.
19-20 (b) The authority may [shall] lease from the School Land
19-21 Board on the School Land Board's terms and conditions the land
19-22 determined by the School Land Board as necessary to serve as a
19-23 rangeland and wildlife management area [buffer] for the disposal or
19-24 assured isolation site. Land leased under this subsection shall be
19-25 used by the authority to implement a rangeland and wildlife
19-26 management plan.
19-27 SECTION 37. Section 402.128, Health and Safety Code, is
20-1 amended to read as follows:
20-2 Sec. 402.128. APPLICABLE STANDARDS. The commission, the
20-3 department, or the authority may not lessen any standards for the
20-4 siting, construction, or operation of a [the] disposal or assured
20-5 isolation site because the site is located on state-owned land
20-6 dedicated to the permanent school fund or the permanent university
20-7 fund.
20-8 SECTION 38. Section 402.151, Health and Safety Code, is
20-9 amended to read as follows:
20-10 Sec. 402.151. PREPARATIONS FOR OBTAINING LICENSES AND
20-11 AUTHORIZATIONS. After selection of the disposal or assured
20-12 isolation site, the board shall direct the general manager to
20-13 prepare necessary applications, disposal or assured isolation
20-14 plans, and other material for obtaining licenses and other
20-15 authorizations for the [disposal] site.
20-16 SECTION 39. Section 402.1511, Health and Safety Code, is
20-17 amended to read as follows:
20-18 Sec. 402.1511. COMMISSION OR DEPARTMENT LICENSE. (a)
20-19 Notwithstanding any other provision of this chapter, the commission
20-20 has sole authority to issue a license to operate a disposal site
20-21 under this chapter and the department has sole authority to issue a
20-22 license to operate an assured isolation site under this chapter.
20-23 (b) The authority or any other entity authorized by contract
20-24 to operate a disposal or assured isolation site under this chapter
20-25 may not operate the [disposal] site unless the authority [or
20-26 entity] has first obtained an operating license as required [from
20-27 the commission] under this section.
21-1 (c) [The authority or any other entity required by this
21-2 chapter to obtain a license to operate a disposal site under this
21-3 chapter is required to obtain the license from the commission and
21-4 not from the department.]
21-5 [(d)] The commission and the department each may adopt any
21-6 rules reasonably necessary to exercise its authority under this
21-7 section.
21-8 SECTION 40. Section 402.152, Health and Safety Code, is
21-9 amended to read as follows:
21-10 Sec. 402.152. APPLICATIONS FOR LICENSES AND AUTHORIZATIONS.
21-11 [(a)] The authority shall submit to each federal and state agency
21-12 from which it must obtain licenses and other types of authorization
21-13 to construct and operate a disposal or assured isolation site the
21-14 necessary applications and information to obtain those licenses and
21-15 authorizations.
21-16 [(b) Notwithstanding any other law or other provision of
21-17 this chapter, the authority shall submit to the appropriate state
21-18 and federal agencies an application to construct and operate a
21-19 disposal site located within the geographical area described in
21-20 Section 402.0921.]
21-21 [(c) The authority shall maintain such field offices and
21-22 conduct such studies and activities as necessary to provide
21-23 information required to support the license application for a
21-24 disposal site located within the geographical area described in
21-25 Section 402.0921.]
21-26 [(d) The commission shall complete its review of the
21-27 completeness and administrative sufficiency of the application
22-1 within 30 days of receipt of the application from the authority.
22-2 The authority shall promptly respond to the commission's requests
22-3 for additional documentation or other information in order for the
22-4 commission to complete its sufficiency review of the application.
22-5 If the commission does not inform the authority within 45 days of
22-6 receipt of the application that the application is administratively
22-7 sufficient, the application is presumed to be administratively
22-8 sufficient.]
22-9 [(e) The commission shall:]
22-10 [(1) complete all activities associated with the
22-11 review and processing of an application, including the publication
22-12 of an environmental assessment, if required, but excluding public
22-13 hearings, and either propose to issue or deny a license for the
22-14 operation of the site no later than 15 months after the date that
22-15 the application is declared or presumed to be administratively
22-16 sufficient; and]
22-17 [(2) give priority to the review of the application
22-18 over all other radioactive materials and waste licensing and
22-19 registration matters pending before the commission.]
22-20 SECTION 41. Section 402.154, Health and Safety Code, is
22-21 amended to read as follows:
22-22 Sec. 402.154. TECHNIQUES FOR MANAGING LOW-LEVEL WASTE. (a)
22-23 As a condition for obtaining a license, the authority must submit
22-24 to the commission or the department, as appropriate, [its designee]
22-25 evidence relating to the reasonableness of any technique to be
22-26 practiced at the proposed disposal or assured isolation site for
22-27 managing low-level waste.
23-1 (b) Before determining the techniques to be used for
23-2 managing low-level waste, the authority shall study alternative
23-3 techniques, including:
23-4 (1) waste processing and reduction at the site of
23-5 waste generation and at the disposal or assured isolation site; and
23-6 (2) the use of assured [aboveground] isolation
23-7 facilities.
23-8 SECTION 42. Section 402.155, Health and Safety Code, is
23-9 amended to read as follows:
23-10 Sec. 402.155. DENIAL OF LICENSE APPLICATION. If the
23-11 authority's application for a license for a [the] proposed disposal
23-12 or assured isolation site is denied, the board shall select an
23-13 alternative disposal or assured isolation site in the manner
23-14 provided by Subchapter D for the selection of the original proposed
23-15 [disposal] site.
23-16 SECTION 43. Section 402.181, Health and Safety Code, is
23-17 amended to read as follows:
23-18 Sec. 402.181. DISPOSAL OR ASSURED ISOLATION SITE
23-19 CONSTRUCTION. (a) The authority shall construct or contract for
23-20 construction as provided by this chapter all works and facilities
23-21 on the disposal or assured isolation site and shall make
23-22 improvements necessary to prepare the site for the management [for
23-23 disposal and to permanently dispose] of low-level waste.
23-24 (b) Preparation and construction of works and facilities at
23-25 the disposal or assured isolation site must be done in a manner
23-26 that complies with rules and standards adopted by federal and state
23-27 agencies for disposal or assured isolation sites, as appropriate,
24-1 and with the authority's site management [disposal] plans.
24-2 SECTION 44. Section 402.182, Health and Safety Code, is
24-3 amended to read as follows:
24-4 Sec. 402.182. DESIGN OF FACILITIES. The board shall ensure
24-5 that the design of facilities for low-level waste disposal or
24-6 assured isolation incorporates, as far as possible, safeguards
24-7 against hazards resulting from earthquakes, local meteorological
24-8 conditions, including phenomena such as hurricanes, tornados,
24-9 [earthquakes, earth tremors,] violent storms, and susceptibility to
24-10 flooding.
24-11 SECTION 45. Sections 402.183(a) and (b), Health and Safety
24-12 Code, are amended to read as follows:
24-13 (a) The authority may contract with any person to construct
24-14 any part of the works, facilities, and improvements at the disposal
24-15 or assured isolation site.
24-16 (b) The contract must specifically provide for termination
24-17 by the authority if the contractor fails to comply with federal and
24-18 state standards and rules or with the authority's disposal or
24-19 assured isolation site plans.
24-20 SECTION 46. Section 402.211, Health and Safety Code, is
24-21 amended to read as follows:
24-22 Sec. 402.211. MANAGEMENT AND OPERATION OF DISPOSAL OR
24-23 ASSURED ISOLATION SITE. The board shall manage and, if necessary,
24-24 operate the disposal or assured isolation site licensed [sites]
24-25 under this chapter. The management and operation must be in
24-26 compliance with laws, rules, and standards of federal and state
24-27 agencies that have jurisdiction over disposal or assured isolation
25-1 sites. The board shall take any action necessary under this
25-2 chapter to manage and operate the disposal or assured isolation
25-3 site [sites] in a manner that will protect the public health and
25-4 safety and the environment.
25-5 SECTION 47. Section 402.212, Health and Safety Code, is
25-6 amended to read as follows:
25-7 Sec. 402.212. CONTRACT FOR OPERATION OF DISPOSAL OR ASSURED
25-8 ISOLATION SITE. (a) The board, after bidding conducted in
25-9 accordance with Section 402.028, may contract with a political
25-10 subdivision or agency of the state or a private entity to perform
25-11 the overall operation of a disposal or assured isolation site.
25-12 (b) The board by rule shall establish criteria for
25-13 determining the competence of a political subdivision or agency of
25-14 the state or a private entity to perform the overall operation of a
25-15 disposal or assured isolation site.
25-16 (c) A contract under this section may not relieve the
25-17 authority of its management responsibility under this chapter.
25-18 SECTION 48. Section 402.213, Health and Safety Code, is
25-19 amended to read as follows:
25-20 Sec. 402.213. CONTRACT AUTHORITY OF BOARD. In contracting
25-21 with a contract operator, the board may:
25-22 (1) select the contract operator before the authority
25-23 [it] obtains the license for the disposal or assured isolation site
25-24 so that the board may allow the contract operator to advise and
25-25 consult with the board, general manager, and staff of the authority
25-26 on the design and disposal or assured isolation plans for the site;
25-27 (2) require the contract operator to make all tests,
26-1 keep all records, and prepare all reports required by licenses
26-2 issued for disposal or assured isolation site operations;
26-3 (3) require standards of performance;
26-4 (4) require posting of a bond or other financial
26-5 security by the contract operator to ensure safe operation and
26-6 decommissioning of the disposal or assured isolation site; and
26-7 (5) establish other requirements, including operator
26-8 liability requirements, necessary to assure that the disposal or
26-9 assured isolation site is properly operated and that the public
26-10 health and safety and the environment are protected.
26-11 SECTION 49. Section 402.214, Health and Safety Code, is
26-12 amended to read as follows:
26-13 Sec. 402.214. PROVISIONS OF OPERATION CONTRACT. A contract
26-14 to operate a disposal or assured isolation site must specify that:
26-15 (1) the board retains management authority over the
26-16 [disposal] site and may monitor and inspect any part of the site
26-17 and operations on the site at any time;
26-18 (2) the contract operator must operate the [disposal]
26-19 site in a manner that complies with the law and licenses regulating
26-20 operations at the site that are issued by the commission or
26-21 department, as appropriate, and the federal government;
26-22 (3) the contract operator must comply with rules
26-23 adopted by the board that govern operation of the [disposal] site;
26-24 and
26-25 (4) the contract is subject to termination after
26-26 notice and hearing if the contract operator fails to comply with a
26-27 license issued for the [disposal] site by the commission or
27-1 department, as appropriate, or [by the] federal government, fails
27-2 to comply with the rules of the authority, or fails to comply with
27-3 the contract.
27-4 SECTION 50. Section 402.215, Health and Safety Code, is
27-5 amended to read as follows:
27-6 Sec. 402.215. ON-SITE OPERATOR. (a) An on-site operator
27-7 who is responsible for all operations at the disposal or assured
27-8 isolation site shall supervise the [each disposal] site.
27-9 (b) The general manager shall employ the on-site operator at
27-10 a disposal or assured isolation site operated by the authority.
27-11 (c) If the authority contracts for the overall operation of
27-12 a disposal or assured isolation site, the on-site operator must be
27-13 a representative of the contract operator.
27-14 SECTION 51. Section 402.216, Health and Safety Code, is
27-15 amended to read as follows:
27-16 Sec. 402.216. RULES RELATING TO DISPOSAL OR ASSURED
27-17 ISOLATION SITE. (a) The board shall adopt rules governing:
27-18 (1) the operation of the disposal or assured isolation
27-19 site [sites];
27-20 (2) acceptance of low-level waste;
27-21 (3) maintenance and monitoring of the disposal or
27-22 assured isolation site [sites]; and
27-23 (4) activities relating to the management and
27-24 operation of the disposal or assured isolation site [sites].
27-25 (b) Rules adopted under this section may not be less
27-26 stringent than those adopted by the commission or department, as
27-27 appropriate.
28-1 SECTION 52. Section 402.217, Health and Safety Code, is
28-2 amended to read as follows:
28-3 Sec. 402.217. [DISPOSAL] SITE ACTIVITIES. (a) The
28-4 authority may adopt any methods and techniques for low-level
28-5 radioactive waste management [permanent disposal] that comply with
28-6 federal and state standards for low-level radioactive waste
28-7 management [disposal] and that protect the public health and safety
28-8 and the environment.
28-9 (b) The authority may provide facilities at disposal sites
28-10 for processing and packaging low-level radioactive waste for
28-11 disposal.
28-12 SECTION 53. Section 402.218, Health and Safety Code, is
28-13 amended to read as follows:
28-14 Sec. 402.218. ACCEPTANCE OF LOW-LEVEL WASTE. (a) Subject
28-15 to limitations provided by Section 402.219, the [each] disposal or
28-16 assured isolation site shall accept for management [disposal] all
28-17 low-level radioactive waste that is presented to it and that is
28-18 properly processed and packaged.
28-19 (b) On acceptance by the disposal or assured isolation site,
28-20 title and liability for the low-level radioactive waste transfers
28-21 to the authority.
28-22 SECTION 54. Section 402.219, Health and Safety Code, is
28-23 amended to read as follows:
28-24 Sec. 402.219. LIMITATIONS ON WASTE ACCEPTANCE [DISPOSAL].
28-25 (a) Except as provided by an interstate compact, a licensed
28-26 disposal or assured isolation site may accept only low-level waste
28-27 that is generated in this state.
29-1 (b) The board by rule shall exclude from a licensed disposal
29-2 or assured isolation site certain types of low-level waste that are
29-3 incompatible with site [disposal] operations.
29-4 (c) The state may enter into compacts with another state or
29-5 several states for the acceptance and management [disposal] in this
29-6 state of low-level radioactive waste only if the compact:
29-7 (1) limits the total volume of all low-level
29-8 radioactive waste for disposal or assured isolation [to be disposed
29-9 of] in this state from the other state or states to 20 percent of
29-10 the annual average of low-level radioactive waste that the governor
29-11 projects will be produced in this state from the years 1995 through
29-12 2045;
29-13 (2) gives this state full administrative control over
29-14 management and operation of the disposal or assured isolation site;
29-15 (3) requires the other state or states to join this
29-16 state in any legal action necessary to prevent states that are not
29-17 members of the compact from delivering [disposing of] low-level
29-18 radioactive waste to [at] the disposal or assured isolation site;
29-19 (4) allows this state to charge a fee for the
29-20 management [disposal] of low-level radioactive waste at the
29-21 [disposal] site;
29-22 (5) requires the other state or states to join in any
29-23 legal action involving liability from the [disposal] site;
29-24 (6) requires the other state or states to share the
29-25 full cost of constructing the [disposal] site;
29-26 (7) allows this state to regulate, in accordance with
29-27 federal law, the means and routes of transportation of the
30-1 low-level radioactive waste in this state;
30-2 (8) requires the other state or states to pay for
30-3 community assistance projects selected by the host county in an
30-4 amount not less than $1 million or 10 percent of the amount
30-5 contributed by the other state or states;
30-6 (9) is agreed to by the Texas Legislature, the
30-7 legislature of the other state or states, and the United States
30-8 Congress; and
30-9 (10) complies with all applicable federal law.
30-10 (d) This section does not affect the ability of this state
30-11 to transfer low-level radioactive waste to another state.
30-12 (e) If this state enters into a compact with another state
30-13 and the terms of the compact conflict with this section, the terms
30-14 of the compact control.
30-15 SECTION 55. Sections 402.220(a), (c), and (d), Health and
30-16 Safety Code, are amended to read as follows:
30-17 (a) To protect the public health and safety and the
30-18 environment, the board, after notice and hearing, shall adopt an
30-19 emergency response plan for the [each] disposal or assured
30-20 isolation site to be implemented if the [disposal] site becomes a
30-21 threat to the public health or safety or to the environment.
30-22 (c) The authority may construct or contract for the
30-23 construction of facilities and procure equipment required to
30-24 provide fire, police, and emergency medical services needed to
30-25 support the disposal or assured isolation site.
30-26 (d) The facilities shall be:
30-27 (1) constructed proximate to the disposal or assured
31-1 isolation site or in the nearest community, as determined by the
31-2 board; and
31-3 (2) in operation before the first day of operation of
31-4 the [disposal] site.
31-5 SECTION 56. Section 402.221(b), Health and Safety Code, is
31-6 amended to read as follows:
31-7 (b) An inspector employed by the department or under
31-8 contract to the department shall inspect all packaged radioactive
31-9 waste before it is transported to a [permanent] disposal or assured
31-10 isolation site in this state.
31-11 SECTION 57. Section 402.222, Health and Safety Code, is
31-12 amended to read as follows:
31-13 Sec. 402.222. SHIPMENT OF LOW-LEVEL WASTE. (a) On arrival
31-14 of a shipment of low-level waste at the [a] disposal or assured
31-15 isolation site, the on-site operator or the operator's agent must
31-16 determine that the waste complies with all laws, rules, and
31-17 standards relating to processing and packaging of low-level waste
31-18 before the waste is accepted for disposal or assured isolation at
31-19 the [disposal] site.
31-20 (b) A person making a shipment of low-level waste that is in
31-21 excess of 75 cubic feet shall give the on-site operator of the
31-22 disposal or assured isolation site written notice of the shipment
31-23 at least 72 hours before shipment to the [disposal] site begins.
31-24 The written notice must contain information required by the board.
31-25 SECTION 58. Section 402.223, Health and Safety Code, is
31-26 amended to read as follows:
31-27 Sec. 402.223. IMPROPERLY PROCESSED OR PACKAGED LOW-LEVEL
32-1 WASTE. (a) If low-level waste that is not properly processed or
32-2 packaged arrives at the [a] disposal or assured isolation site, the
32-3 on-site operator or the operator's agent shall properly process and
32-4 package the waste for disposal or assured isolation, as
32-5 appropriate, and charge the person making the shipment the fee
32-6 required by Section 402.274.
32-7 (b) The on-site operator or the operator's agent shall
32-8 report to the federal and state agencies that establish rules and
32-9 standards for processing, packaging, and transporting low-level
32-10 waste any person who delivers to the [a] disposal or assured
32-11 isolation site low-level waste that is not properly processed or
32-12 packaged.
32-13 SECTION 59. Section 402.224(a), Health and Safety Code, is
32-14 amended to read as follows:
32-15 (a) An on-site operator who accepts mixed waste at the [a]
32-16 disposal or assured isolation site shall comply with Chapter 361
32-17 (Solid Waste Disposal Act), the Resource Conservation and Recovery
32-18 Act of 1976 (42 U.S.C. 6901 et seq.), and this chapter.
32-19 SECTION 60. Section 402.225, Health and Safety Code, is
32-20 amended to read as follows:
32-21 Sec. 402.225. BELOWGROUND DISPOSAL RESTRICTED. Low-level
32-22 waste may not be disposed of in a landfill below the natural level
32-23 of a disposal site unless:
32-24 (1) [federal or state regulatory programs for
32-25 low-level waste preclude or recommend against aboveground disposal,
32-26 or the authority has by rule determined that belowground disposal
32-27 provides greater protection than aboveground disposal for public
33-1 health and the environment for the period for which the low-level
33-2 waste will continue to pose a hazard to public health and the
33-3 environment;]
33-4 [(2)] the low-level waste is contained within a
33-5 reinforced concrete barrier or within containment structures made
33-6 of materials technologically equivalent or superior to reinforced
33-7 concrete; and
33-8 (2) [(3)] the low-level waste is contained in such a
33-9 manner that it can be monitored and retrieved.
33-10 SECTION 61. Section 402.226(a), Health and Safety Code, is
33-11 amended to read as follows:
33-12 (a) The authority may not use shallow land burial or
33-13 improved shallow land burial as a [the] disposal technique at the
33-14 licensed disposal or assured isolation site.
33-15 SECTION 62. Section 402.228, Health and Safety Code, is
33-16 amended to read as follows:
33-17 Sec. 402.228. DECOMMISSIONING AND CLOSING [DISPOSAL] SITE.
33-18 (a) On a finding by the board, after notice and hearing, that a
33-19 disposal or assured isolation site should be closed, the authority
33-20 and the contract operator, if any, shall decommission the
33-21 [disposal] site in compliance with federal and state law, rules,
33-22 and standards and with rules and plans of the authority.
33-23 (b) On completion of decommissioning activities and receipt
33-24 of necessary approval from federal and state agencies, the board
33-25 shall, if required by law, transfer to the commission or the
33-26 department, as appropriate, fee simple title to the disposal or
33-27 assured isolation site.
34-1 SECTION 63. Section 402.252(a), Health and Safety Code, is
34-2 amended to read as follows:
34-3 (a) The board shall quarterly transfer money in the
34-4 low-level waste fund generated by planning and implementation fee
34-5 surcharges under Sections 402.2721(e) and (f), and that portion of
34-6 waste acceptance [disposal] fees identifiable as adopted for the
34-7 purposes of Sections 402.273(a)(3) and (b) to the commissioners
34-8 court of the host county.
34-9 SECTION 64. Section 402.271, Health and Safety Code, is
34-10 amended to read as follows:
34-11 Sec. 402.271. AUTHORITY'S EXPENSES. The authority's
34-12 expenses shall be paid from:
34-13 (1) waste acceptance [disposal] fees;
34-14 (2) planning and implementation fees;
34-15 (3) proceeds from the sale of bonds under Subchapter
34-16 K;
34-17 (4) contributions from members of a low-level waste
34-18 compact entered into under Section 402.219(c);
34-19 (5) surcharge rebates made by the United States
34-20 Department of Energy pursuant to Pub.L. No. 99-240;
34-21 (6) appropriations made by the legislature; and
34-22 (7) other receipts, fees, and interest earned in funds
34-23 authorized by or collected under this subchapter and deposited in
34-24 the low-level waste fund.
34-25 SECTION 65. Section 402.272, Health and Safety Code, is
34-26 amended to read as follows:
34-27 Sec. 402.272. WASTE ACCEPTANCE [DISPOSAL] FEES. (a) The
35-1 board shall have collected a waste acceptance [disposal] fee to be
35-2 paid by each person who delivers low-level waste to the disposal or
35-3 assured isolation site [authority for disposal].
35-4 (b) The board by rule shall adopt and periodically revise
35-5 waste acceptance [disposal] fees according to a schedule that is
35-6 based on the projected annual volume of low-level waste received,
35-7 the relative hazard presented by each type of low-level waste that
35-8 is generated by the users of radioactive materials, and the costs
35-9 identified in Section 402.273.
35-10 (c) In determining relative hazard, the board shall consider
35-11 the radioactive, physical, and chemical properties of each type of
35-12 low-level waste.
35-13 SECTION 66. Sections 402.2721(b), (c), (d), (e), (f), (g),
35-14 and (h), Health and Safety Code, are amended to read as follows:
35-15 (b) This fee shall be in an amount that is sufficient to
35-16 allow the authority to recover present and future costs of
35-17 administering, implementing, and planning the activities authorized
35-18 by this chapter before the operation of a disposal or assured
35-19 isolation site and to reimburse the general revenue fund for
35-20 expenses incurred and paid by the authority in selecting,
35-21 characterizing, and licensing a disposal or assured isolation site.
35-22 (c) This fee does not apply to health care providers or
35-23 institutions of higher education until a state disposal or assured
35-24 isolation site [facility] is available to receive the generated
35-25 wastes.
35-26 (d) Fees established under this section shall:
35-27 (1) [include minimum and maximum annual fees in an
36-1 amount of at least $5 million for the 1992-1993 biennium to pay for
36-2 the estimated costs of administering, implementing, and planning
36-3 the activities authorized by this chapter and shall include at
36-4 least $5 million to reimburse the general revenue fund for
36-5 appropriations expended and incurred by the authority in selecting,
36-6 characterizing, and licensing a disposal site;]
36-7 [(2)] take into account, the projected annual volume
36-8 and the relative hazard presented by each type of low-level waste
36-9 generated;
36-10 (2) [(3)] be collected by the department as provided
36-11 by Subchapter H, Chapter 401;
36-12 (3) [(4)] be deposited in the state treasury to the
36-13 credit of the low-level waste fund[, except that at least $10
36-14 million assessed and collected in the 1992-1993 biennium to
36-15 reimburse the general revenue fund for expenses incurred prior to
36-16 September 1, 1991, shall be deposited in the state treasury to the
36-17 credit of the general revenue fund];
36-18 (4) [(5)] be paid [in four quarterly equal
36-19 installments beginning on January 1, 1992, and] annually
36-20 [thereafter]; and
36-21 (5) [(6)] expire on the date the authority begins
36-22 operation of a disposal or assured isolation facility.
36-23 (e) For each [the 1996-1997] biennium [and subsequent
36-24 bienniums], the board shall assess a surcharge of 10 percent of the
36-25 fee established for the biennium.
36-26 (f) [For the 1994-1995 biennium only, the board shall assess
36-27 a surcharge of 10 percent of the fee established for the 1992-1993
37-1 biennium.]
37-2 [(g)] Surcharges assessed under Subsection [Subsections] (e)
37-3 [and (f)] shall be used to fund local public projects under
37-4 Subchapter I.
37-5 (g) [(h)] In determining relative hazard, the board shall
37-6 consider the radioactive, physical, and chemical properties of each
37-7 type of low-level waste.
37-8 SECTION 67. Section 402.273, Health and Safety Code, is
37-9 amended to read as follows:
37-10 Sec. 402.273. WASTE ACCEPTANCE [DISPOSAL] FEE CRITERIA. (a)
37-11 Waste acceptance [disposal] fees adopted by the board must be
37-12 sufficient to:
37-13 (1) allow the authority to recover operating and
37-14 maintenance costs;
37-15 (2) provide an amount necessary to meet future costs
37-16 of decommissioning, closing, and postclosure maintenance and
37-17 surveillance of the disposal or assured isolation site;
37-18 (3) provide an amount to fund local public projects
37-19 under Subchapter I;
37-20 (4) provide an amount sufficient to fund, in whole or
37-21 in part, a rangeland and wildlife management plan;
37-22 (5) provide an amount necessary to pay licensing fees
37-23 and to provide security required by [the] commission or department
37-24 rules, as appropriate [under law and commission rules]; and
37-25 (6) provide an amount necessary to fund debt service
37-26 and necessary fees and charges, including insurance premiums and
37-27 similar costs, associated with the issuance and payment of bonds
38-1 under Subchapter K.
38-2 (b) This subsection applies only if the authority does not
38-3 issue bonds under Subchapter K. The acceptance [waste disposal]
38-4 fees must also include an amount sufficient to allow the authority
38-5 to recover expenses incurred before beginning operation of the
38-6 disposal or assured isolation site amortized over a period of not
38-7 more than 20 years beginning on the first day of operation of the
38-8 [disposal] site. The fees must be sufficient to recover the
38-9 depository interest that the general revenue fund would have earned
38-10 had the fund not been used to pay expenses incurred before the
38-11 [disposal] site begins operation. Depository interest recovered
38-12 under this subsection shall be deposited to the credit of the
38-13 general revenue fund. Principal recovered under this subsection
38-14 shall be deposited to the credit of the general revenue fund until
38-15 the amount deposited has fully reimbursed the fund for expenses
38-16 paid from the fund before the [disposal] site begins operation.
38-17 The remainder of the principal shall be deposited as provided by
38-18 Section 402.272(a).
38-19 (c) The amount required by Subsection (a)(3) may not be less
38-20 than 10 percent of the annual gross receipts from waste received at
38-21 the disposal or assured isolation site.
38-22 SECTION 68. Section 402.274, Health and Safety Code, is
38-23 amended to read as follows:
38-24 Sec. 402.274. PROCESSING AND PACKAGING FEES. The board by
38-25 rule shall adopt and periodically revise processing and packaging
38-26 fees according to a schedule that is based on the volume of
38-27 improperly processed or packaged low-level waste delivered to the
39-1 site for disposal or assured isolation and on the cost to the
39-2 authority for properly processing and packaging the low-level waste
39-3 in compliance with federal and state standards.
39-4 SECTION 69. Sections 402.275(c) and (d), Health and Safety
39-5 Code, are amended to read as follows:
39-6 (c) Money received by the authority, including waste
39-7 acceptance [disposal] fees, planning and implementation fees,
39-8 surcharges on planning and implementation fees, processing and
39-9 packaging fees, civil penalties, payments to the State of Texas
39-10 under Public Law 99-240, and other receipts collected by the
39-11 authority under this chapter shall be deposited to the credit of
39-12 the low-level waste fund.
39-13 (d) Except as provided by Subsection (f), money in the
39-14 low-level waste fund may be used to pay:
39-15 (1) operating and maintenance costs of the authority;
39-16 (2) future costs of decommissioning, closing, and
39-17 postclosure maintenance and surveillance of the disposal or assured
39-18 isolation site;
39-19 (3) licensing fees and to provide security required by
39-20 the commission or department, as appropriate;
39-21 (4) money judgments rendered against the authority
39-22 that are directed by a court of this state to be paid from this
39-23 fund;
39-24 (5) expenses associated with implementation of the
39-25 rangeland and wildlife management plan;
39-26 (6) funds for local public projects under Subchapter
39-27 I;
40-1 (7) debt service and necessary fees and charges,
40-2 including insurance premiums and similar costs, associated with the
40-3 issuance and payment of bonds under Subchapter K; and
40-4 (8) expenses for any other purpose under this chapter.
40-5 SECTION 70. Sections 402.291(a) and (d), Health and Safety
40-6 Code, are amended to read as follows:
40-7 (a) The authority may issue, sell, and provide for the
40-8 retirement of bonds to:
40-9 (1) reimburse the general revenue fund for the
40-10 expenses incurred and paid by the authority in selecting, seeking
40-11 approval for, and constructing a disposal or assured isolation
40-12 site;
40-13 (2) pay the expenses of selecting, seeking approval
40-14 of, and constructing a disposal or assured isolation site that were
40-15 not paid from the general revenue fund; and
40-16 (3) provide required reserve funds and capitalized
40-17 interest, and to pay issuing expenses and other expenses associated
40-18 with the issuance and sale of bonds.
40-19 (d) The Texas Public Finance Authority, acting on behalf of
40-20 the Texas Low-Level Radioactive Waste Management [Disposal]
40-21 Authority, shall issue all bonds authorized under this subchapter.
40-22 In connection with the issuance of those bonds, the Texas Public
40-23 Finance Authority is subject to all rights, duties, and conditions
40-24 provided by this subchapter with respect to the issuance of bonds
40-25 by the Texas Low-Level Radioactive Waste Management [Disposal]
40-26 Authority.
40-27 SECTION 71. Section 403.001(a), Health and Safety Code, is
41-1 amended to read as follows:
41-2 (a) The governor shall appoint six members to represent this
41-3 state on the commission established by Article III of the Texas
41-4 Low-Level Radioactive Waste Disposal Compact. One of the voting
41-5 members of the compact commission shall be a legal resident of the
41-6 host county [Hudspeth County, Texas].
41-7 SECTION 72. Sections 402.059(d), 402.0921, 402.121, 402.127,
41-8 and 402.129, Health and Safety Code, are repealed.
41-9 SECTION 73. This Act takes effect September 1, 1999.
41-10 SECTION 74. The importance of this legislation and the
41-11 crowded condition of the calendars in both houses create an
41-12 emergency and an imperative public necessity that the
41-13 constitutional rule requiring bills to be read on three several
41-14 days in each house be suspended, and this rule is hereby suspended.