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.