By Burnam H.B. No. 2905
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation and management of low-level radioactive
1-3 waste.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle D, Title 5, Health and Safety Code, is
1-6 amended by adding Chapter 404 to read as follows:
1-7 CHAPTER 404. LOW-LEVEL RADIOACTIVE WASTE AUTHORITY
1-8 SUBCHAPTER A. GENERAL AND ADMINISTRATIVE PROVISIONS
1-9 Sec. 404.001. DECLARATION OF LEGISLATIVE FINDINGS AND
1-10 PURPOSE. (a) Federal laws regulating the management of low-level
1-11 radioactive waste make each state responsible for assuring adequate
1-12 capacity for the disposal of low-level radioactive waste generated
1-13 in the state. Provisions of federal law that vest states with
1-14 title to and liability for the low-level radioactive waste,
1-15 however, have been declared unconstitutional by the Supreme Court
1-16 of the United States. Nevertheless, this state is not entitled to
1-17 presume that other states will continue indefinitely to provide
1-18 access to facilities adequate for the disposal of low-level
1-19 radioactive waste generated in this state.
1-20 (b) The legislature finds that:
1-21 (1) there is no technology of land burial proven to
1-22 safely and effectively isolate all low-level radioactive waste
1-23 during the hazardous lifetime of the waste;
2-1 (2) above-ground, monitored storage of low-level
2-2 radioactive waste that makes the waste retrievable is the most
2-3 environmentally sound method to manage low-level radioactive waste
2-4 at this time;
2-5 (3) this state has an obligation to develop and
2-6 enforce procedures to require low-level radioactive waste
2-7 generators in this state to minimize the volume of low-level
2-8 radioactive waste requiring disposal.
2-9 (c) The purpose of this chapter is to establish a Low-Level
2-10 Radioactive Waste Disposal Authority to regulate the management of
2-11 low-level radioactive waste and ensure that the state has the
2-12 necessary capacity to manage and dispose of specific categories of
2-13 low-level radioactive waste.
2-14 Sec. 404.002. LOW-LEVEL RADIOACTIVE WASTE DISPOSAL
2-15 AUTHORITY. The Low-Level Radioactive Waste Disposal Authority is a
2-16 state agency with statewide jurisdiction over low-level radioactive
2-17 waste management and disposal.
2-18 (b) The authority is composed of a board of seven directors
2-19 appointed by the governor with the following qualifications:
2-20 (1) one director must be licensed to practice law in
2-21 this state;
2-22 (2) one director must be a hydrologist;
2-23 (3) one director must be a geologist;
2-24 (4) one director must be a person knowledgeable in
2-25 public health matters and in the effects of radiation on human
2-26 health and appointed from a list of qualified persons provided by
3-1 the Texas Department of Health;
3-2 (5) one director must be a firefighter and appointed
3-3 from a list provided by a county fire-fighting official;
3-4 (6) one director must be a person knowledgeable of the
3-5 effects of low-level radioactive waste on the environment; and
3-6 (7) one director must be a person appointed from a
3-7 list provided by environmental organizations.
3-8 (c) Directors serve 2-year terms.
3-9 (d) A director is entitled to compensation as provided by
3-10 the authority's budget.
3-11 Sec. 404.003. OFFICES. The authority shall keep an office in
3-12 Travis County and an office at each management site operated under
3-13 this chapter.
3-14 Sec. 404.004. CITIZENS ADVISORY COMMITTEE. The board shall
3-15 create an advisory committee of residents of this state to perform
3-16 oversight functions regarding each management site operated under
3-17 this chapter.
3-18 SUBCHAPTER B. POWERS AND DUTIES
3-19 Sec. 404.051. JURISDICTION. The authority has jurisdiction
3-20 over the selection of locations for and the preparation,
3-21 construction, operation, maintenance, decommissioning, and closure
3-22 of low-level radioactive waste management sites in this state.
3-23 Sec. 404.052. GENERAL POWERS. The authority may:
3-24 (1) arrange for funding of its projects by gifts,
3-25 grants, loans, bonds, appropriated money, or any other source;
3-26 (2) contract with any person to accomplish a function
4-1 or duty;
4-2 (3) conduct or finance studies, surveys,
4-3 investigations, or research regarding a matter under its
4-4 jurisdiction; and
4-5 (4) advise or cooperate with any person on a matter
4-6 under its jurisdiction.
4-7 Sec. 404.052. RULES, STANDARDS, ORDERS. The authority shall
4-8 adopt or issue rules, standards, and orders as necessary to fulfill
4-9 its functions and duties under this chapter.
4-10 Sec. 404.053. PENALTIES. (a) The authority may adopt civil
4-11 and administrative penalties for a violation of this chapter or of
4-12 a rule, standard, or order adopted or issued under this chapter.
4-13 (b) A violation of this chapter or of a rule, standard, or
4-14 order adopted or issued under this chapter that concerns the
4-15 handling or management of low-level radioactive waste is a Class B
4-16 misdemeanor, except as provided by Subsection (c).
4-17 (c) A violation of this chapter or of a rule, standard, or
4-18 order adopted or issued under this chapter that results in the
4-19 release of low-level radioactive waste is a felony.
4-20 SUBCHAPTER C. MANAGEMENT SITE SELECTION AND ACQUISITION
4-21 Sec. 404.101. STUDIES. The authority may make any studies
4-22 necessary to determine what sites in this state are acceptable or
4-23 unacceptable for the location of a low-level radioactive waste
4-24 management site, including an assured isolation site or a disposal
4-25 site.
4-26 Sec. 404.102. SITE SELECTION CRITERIA. (a) After
5-1 considering studies and other relevant information, the authority
5-2 by rule shall adopt site selection criteria to ensure that a
5-3 low-level radioactive waste assured isolation, disposal, or other
5-4 management site will not endanger the public health or safety or
5-5 the environment. The criteria must also include acceptable and
5-6 unacceptable socioeconomic effects on communities related to the
5-7 location of a low-level radioactive waste management site.
5-8 (b) The authority by rule shall establish a preference for
5-9 selecting a location for a management site that is on or near a
5-10 low-level radioactive waste management site licensed by the United
5-11 States Nuclear Regulatory Commission.
5-12 Sec. 404.103. SITE SELECTION PROCESS. The authority shall
5-13 apply the criteria to any potential location considered for a
5-14 low-level radioactive waste management site to determine whether
5-15 the site may proceed to apply for licensing with the Texas Natural
5-16 Resource Conservation Commission.
5-17 (b) In addition to the criteria, the authority shall
5-18 evaluate each site to determine:
5-19 (1) probable preoperating and postoperating costs of
5-20 the site, including construction, maintenance, monitoring,
5-21 operation, decommissioning, and extended care costs;
5-22 (2) the probable socioeconomic, environmental, and
5-23 public health effects of operating a management site at the
5-24 proposed location, including disparate effects on persons or
5-25 communities of color or of low-income status.
5-26 (c) The authority shall propose that at least one suitable
6-1 site be licensed by the Texas Natural Resource Conservation
6-2 Commission to manage low-level radioactive waste.
6-3 Sec. 404.104. COUNTY REFERENDUM ON SITE SELECTION. A
6-4 management site may not be licensed by the Texas Natural Resource
6-5 Conservation Commission unless the voters of the county in which
6-6 the site is proposed to be located have approved of the location of
6-7 the site at a referendum election called and held for that purpose.
6-8 Sec. 404.105. MEDIATION. The authority may contract with a
6-9 mediator to facilitate agreement among parties interested in the
6-10 location of a proposed management site before and during the
6-11 hearing under Section 404.106.
6-12 Sec. 404.106. HEARING AND ORDER. The authority shall hold a
6-13 public hearing to consider whether a proposed location for a
6-14 management site is safe and suitable according to the criteria
6-15 adopted by the authority and other factors as determined by the
6-16 authority.
6-17 (b) The authority may issue an order declaring a location
6-18 for a management site selected if the authority finds the
6-19 management site is safe and suitable after the hearing.
6-20 (c) The authority shall issue an order rejecting the
6-21 location if the authority does not find that the management site is
6-22 safe and suitable.
6-23 Sec. 404.107. CONTINUATION OF SITE SELECTION PROCESS. The
6-24 authority shall continue to attempt to select a site for low-level
6-25 radioactive waste management at any time the state is in need of
6-26 management capacity.
7-1 Sec. 404.108. ACQUISITION OF SITE. The authority may acquire
7-2 by gift, grant, or purchase, any land or other rights in property
7-3 necessary to construct and operate a management site. The authority
7-4 must acquire the land on which the site is to be located in fee
7-5 simple. The authority may acquire or lease other land necessary to
7-6 operate the management site.
7-7 SUBCHAPTER D. LICENSES AND OTHER AUTHORIZATIONS
7-8 Sec. 404.151. RESPONSIBILITY FOR LICENSES AND OTHER
7-9 AUTHORIZATIONS. The authority shall apply for, obtain, and maintain
7-10 licenses and other authorizations from the Texas Natural Resource
7-11 Conservation Commission, other agencies of this state, and federal
7-12 agencies as are necessary to construct and operate a management
7-13 site under this chapter.
7-14 Sec. 404.152. TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
7-15 LICENSING AUTHORITY. (a) The Texas Natural Resource Conservation
7-16 Commission may issue a license to the authority for a low-level
7-17 radioactive waste management site under this chapter.
7-18 (b) The commission by rule shall provide for license
7-19 categories according to the management method for the low-level
7-20 radioactive waste proposed to be managed at a management site under
7-21 this chapter.
7-22 (c) The commission may not license the management of mixed
7-23 waste at a management site operated under this chapter.
7-24 (d) The commission may not license belowground disposal or
7-25 shallow land burial of low-level radioactive waste.
7-26 (e) The commission license may permit the authority to have
8-1 the operations at the low-level radioactive waste management site
8-2 conducted by a contract operator under the authority's supervision,
8-3 direction, and administrative control.
8-4 Sec. 404.153. TEXAS DEPARTMENT OF HEALTH AUTHORITY. (a) The
8-5 Texas Department of Health has jurisdiction over:
8-6 (1) low-level radioactive waste storage activities
8-7 other than assured isolation at a management site operated under
8-8 this chapter; and
8-9 (2) transportation of low-level radioactive waste to
8-10 or from a management site operated under this chapter, including
8-11 packaging of the waste being transported.
8-12 (b) The department shall require each public utility that
8-13 operates or constructs a nuclear power reactor in this state to
8-14 provide storage facilities near the reactor site with a capacity
8-15 sufficient to store low-level radioactive waste generated at that
8-16 site during at least five years of normal operations.
8-17 SUBCHAPTER E. DECOMMISSIONING AND CLOSURE
8-18 Sec. 404.201. RESPONSIBILITY OF AUTHORITY. The authority is
8-19 responsible for safely decommissioning and closing each low-level
8-20 radioactive waste management site operated under this chapter as
8-21 provided by the license and other law.
8-22 SUBCHAPTER F. LOCAL PROJECTS
8-23 Sec. 404.251. ECONOMIC DEVELOPMENT PROJECTS. The authority
8-24 shall divert fees received for management of low-level radioactive
8-25 waste at a management site operated under this chapter to economic
8-26 development projects conducted by local governments in the county
9-1 in which the management site is located.
9-2 Sec. 404.252. MITIGATION PROJECTS. The authority shall
9-3 divert fees received for management of low-level radioactive waste
9-4 at a management site operated under this chapter to projects
9-5 designed to mitigate negative effects on local communities caused
9-6 by the location of a management site operated under this chapter.
9-7 The projects may be conducted by local governments in the county in
9-8 which the management site is located or by the authority.
9-9 SUBCHAPTER G. FINANCIAL PROVISIONS
9-10 Sec. 404.301. PAYMENT OF EXPENSES. The authority's expenses
9-11 shall be paid from fees received for low-level radioactive waste
9-12 management under this chapter, proceeds of the sale of bonds under
9-13 this subchapter, contributions from members of the compact under
9-14 Section 403.006, appropriations, gifts, grants, and interest earned
9-15 on money from any of those sources.
9-16 Sec. 404.302. FEES. The authority shall determine the amount
9-17 of fees under this chapter in accordance with the terms of the
9-18 compact under Section 403.006.
9-19 Sec. 404.303. BONDS. The authority may issue revenue bonds
9-20 and refunding bonds to pay any expense of the authority under this
9-21 chapter. Bonds issued under this section are exempt from taxation
9-22 by this state, an agency or instrumentality of this state, or a
9-23 political subdivision of this state.
9-24 SECTION 2. Chapter 402, Health and Safety Code, is repealed.
9-25 SECTION 3. This Act takes effect September 1, 2001.