Amend CSSB 1541 as follows:
(1) In SECTION 4, strike Subdivision (16), Section 402.003,
Health and Safety Code (Committee printing page 2, lines 59-60).
(2) In SECTION 5, Subsection (b), Section 402.012, Health
and Safety Code (Committee printing page 3, line 27), strike
"Except as provided by Subsection (c), the" and substitute "The".
(3) In SECTION 5, strike Subsection (c), Section 402.012,
Health and Safety Code (Committee printing page 3, lines 37-45).
(4) In SECTION 5, in the heading to Section 402.016, Health
and Safety Code (Committee printing page 4, lines 18-19), strike ";
NOTICE OF INTENT TO APPLY".
(5) In SECTION 5, strike Subsection (c), Section 402.016,
Health and Safety Code (Committee printing page 4, lines 28-39).
(6) In SECTION 5, strike Subdivision (1), Subsection (c),
Section 402.017, Health and Safety Code (Committee printing page 4,
lines 58-66), and substitute the following:
(1) a certification by the commissioners court of each
county of this state in which any part of the proposed permanent
management facility is located that:
(A) the county voters have approved the county
for the location of the permanent management facility by a
referendum held as provided by Section 402.038; or
(B) the commissioners court has approved the
county for the location of the permanent management facility by a
resolution adopted under Section 402.039; and
(7) In SECTION 5, Subsection (a), Section 402.029, Health
and Safety Code (Committee printing page 9, lines 35-42), strike
"If the permanent management license to be issued would allow the
disposal of federal facility waste at a separate adjacent facility,
the property required to be conveyed under this section is limited
to the property used for disposal of waste described by Section
402.012(b). Title to the separate adjacent facility for disposal
of federal facility waste may be transferred only as provided by
federal law and by the contract executed as required by Section
402.030(c).".
(8) In SECTION 5, strike Subsection (c), Section 402.030,
Health and Safety Code (Committee printing page 9, line 67, through
page 10, line 6).
(9) In SECTION 5, Subsection (b), Section 402.032, Health
and Safety Code (Committee printing page 10, lines 15-16), strike
"and rules adopted under this chapter".
(10) In SECTION 5, Section 402.037, Health and Safety Code
(Committee printing page 11, line 27), strike ", including federal
facility waste,".
(11) In SECTION 5, strike Section 402.038, Health and Safety
Code (Committee printing page 11, lines 30-68), and substitute the
following:
Sec. 402.038. APPROVAL BY COUNTY REFERENDUM. (a) The
commissioners court of a county on its own motion may order a
referendum on the question of whether county residents approve the
construction and operation of a permanent management facility in
the county. The commissioners court shall order an election on the
question if the commissioners court receives a petition in favor of
the election signed by a number of registered voters of the county
equal to at least 10 percent of the number of votes cast for
governor in the county in the most recent gubernatorial election.
(b) The election must be held as provided by the Election
Code, except that Section 41.001(a), Election Code, does not apply
to the election.
(c) The ballot for the election shall be printed to permit
voting for or against a proposition with the following language:
"Are you in favor of ___________ County being the host county for a
permanent management facility for low-level radioactive waste?
Yes____/No____."
(d) The commissioners court shall certify whether a proposed
permanent management facility described by a ballot proposition is
approved by a majority of the votes cast in the election not later
than the 10th day after the date of the election.
(e) The county shall pay for an election held under this
section.
Sec. 402.039. APPROVAL BY COMMISSIONERS COURT. The
commissioners court on its own motion may adopt a resolution
approving the construction and operation of a permanent management
facility in the county.
(12) In SECTION 8, strike the heading to Section 402.060,
Health and Safety Code (Committee printing page 15, lines 22-24),
and substitute "Sec. 402.060. PERMANENT MANAGEMENT METHODS.".
(13) In SECTION 8, strike Subsection (b), Section 402.060,
Health and Safety Code (Committee printing page 15, lines 32-36),
and substitute the following:
(b) The commission by rule shall prohibit disposal by burial
in an earthen trench as the low-level radioactive waste is received
at the permanent management facility.
(14) In SECTION 8, strike Subdivision (2), Subsection (c),
Section 402.060, Health and Safety Code (Committee printing page
15, lines 47-50), and substitute the following:
(2) the low-level radioactive waste is contained
within a reinforced concrete barrier or within containment
structures made of materials technologically equivalent or superior
to reinforced concrete; and
(15) In SECTION 8, strike Section 402.0605, Health and
Safety Code (Committee printing page 15, line 53, through page 16,
line 18).
(16) In SECTION 9, Subsection (a), Section 402.081, Health
and Safety Code (Committee printing page 17, lines 32-35), strike
"This section does not apply to federal facility waste accepted at
the permanent management facility under rules and permit provisions
allowing for federal facility waste to be disposed of at the
permanent management facility.".
(17) In SECTION 9, strike Section 402.086, Health and Safety
Code (Committee printing page 18, lines 32-59), and substitute the
following:
Sec. 402.086. OUT-OF-STATE WASTE AND MIXED WASTE. (a) The
permanent management license holder may not accept for permanent
management low-level radioactive waste generated in another state
unless the low-level radioactive waste is accepted under the
compact.
(b) The permanent management license holder may not accept
mixed waste at the permanent management facility. In this section,
"mixed waste" means waste that contains both hazardous waste, as
defined by Chapter 361, and low-level radioactive waste, source
material, special nuclear material, or by-product material subject
to the federal Atomic Energy Act of 1954 (42 U.S.C. Section 2011 et
seq.).
(18) Strike SECTION 10 of the bill (Committee printing page
22, line 39, through page 23, line 2) and renumber subsequent
SECTIONs accordingly.
(19) In SECTION 16, strike Subsection (a), Section 402.252,
Health and Safety Code (Committee printing page 24, lines 20-35),
and substitute the following:
"(a) Each quarter, the commission shall <The board shall
quarterly> transfer money in the low-level radioactive waste fund
generated by <planning and implementation fee surcharges under
Sections 402.2721(e) and (f), and> that portion of waste disposal
fees identifiable as adopted for the purposes of Sections
402.273(a)(3) and (b) to the commissioners court of the host
county."
(20) In SECTION 17, Subdivision (1), Section 402.271, Health
and Safety Code (Committee printing page 24, lines 50-51), strike
"collected by the commission under Section 402.272".
(21) In SECTION 17, Subsection (a), Section 402.272, Health
and Safety Code (Committee printing page 24, line 68, through page
25, line 5), strike ". This section does not apply to a person who
delivers federal facility waste to the facility if the facility is
allowed under its license to dispose of federal facility waste.
The permanent management license holder may establish fees for the
acceptance and disposal of federal facility waste accepted under
the permanent management license".
(22) In SECTION 18, Section 402.274, Health and Safety Code
(Committee printing page 26, lines 5-10), strike "This section does
not apply to a person who delivers federal facility waste to the
facility if the facility is allowed under its license to dispose of
federal facility waste. The permanent management license holder
may establish processing and packaging fees for federal facility
waste accepted under the permanent management license.".
(23) In SECTION 19, strike Subsection (d), Section 402.2744,
Health and Safety Code (Committee printing page 26, line 43,
through page 27, line 10).