By Chisum                                             H.B. No. 3283
         77R4989 T                           
                                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 and to the transfer of certain land purchased for
 1-4     a disposal site.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Subchapter F, Chapter 401, Health and Safety Code,
 1-7     is amended by adding Section 401.214 to read as follows:
 1-8           Sec. 401.214.  REPORTING LOW-LEVEL RADIOACTIVE WASTE
 1-9     DISPOSAL. (a)  On the request of a member of the legislature the
1-10     department shall report to the legislature the location, character,
1-11     and amount of low-level radioactive waste stored or disposed of in
1-12     the state.
1-13           (b)  The department shall post on the Internet information
1-14     regarding the location, character, and amount of low-level
1-15     radioactive waste stored or disposed of in the state and update the
1-16     information at least annually.
1-17           SECTION 2. Section 402.001, Health and Safety Code, is
1-18     amended to read as follows:
1-19           Sec. 402.001.  SHORT TITLE. This chapter may be cited as the
1-20     Texas Low-Level Radioactive Waste Management [Disposal Authority]
1-21     Act.
1-22           SECTION 3. Section 402.002, Health and safety Code, is
1-23     amended to read as follows:
1-24           Sec. 402.002.  FINDINGS; PURPOSE. (a)  Low-level radioactive
 2-1     waste is generated as a by-product of medical, research, and
 2-2     industrial activities and through the operation of nuclear power
 2-3     plants.  Loss of capability to manage [dispose of] low-level
 2-4     radioactive waste would threaten the health and welfare of the
 2-5     citizens of this state and would ultimately lead to the loss of the
 2-6     benefits of those activities that are dependent on reliable
 2-7     facilities for low-level radioactive waste management [disposal].
 2-8           (b)  This state is currently dependent on low-level
 2-9     radioactive waste disposal sites in other states.  Events have
2-10     demonstrated that the availability of those sites for the
2-11     management of low-level radioactive waste [disposal] is
2-12     increasingly uncertain and as a consequence, medical institutions,
2-13     research facilities, and industries in this state could be
2-14     adversely affected.
2-15           (c)  The purpose of this chapter is to establish the state
2-16     [Texas Low-Level Radioactive Waste Disposal Authority] with
2-17     responsibility for assuring necessary disposal or assured isolation
2-18     capability for specific categories of low-level radioactive waste.
2-19           SECTION 4. Section 402.003, Health and Safety Code, is
2-20     amended to read as follows:
2-21           Sec. 402.003.  DEFINITIONS. In this chapter:
2-22                 (1)  "Assured isolation" means an integrated management
2-23     system for isolating low-level radioactive waste, with the intent
2-24     of long-term management and disposal of the low-level radioactive
2-25     waste, through robust, accessible facilities, planned preventive
2-26     maintenance, and sureties adequate to address contingencies or
2-27     implement future management alternatives. ["Authority" means the
 3-1     Texas Low-Level Radioactive Waste Disposal Authority.]
 3-2                 (2)  "Assured isolation site" means the property and
 3-3     facilities acquired, constructed, and owned by the state at which
 3-4     low-level radioactive waste can be placed in above-grade, concrete
 3-5     vaults designed to isolate low-level radioactive waste with the
 3-6     intent of long-term management and disposal of low-level
 3-7     radioactive waste and featuring accessibility, planned preventive
 3-8     maintenance, and sureties adequate to address contingencies or
 3-9     future management alternatives. ["Board" means the board of
3-10     directors of the authority.]
3-11                 (3)  "Compact" means the Texas Low-Level Radioactive
3-12     Waste Disposal Compact under Section 403.006.
3-13                 (4)  "Contract operator" means a political subdivision
3-14     or agency of the state or a private entity with which the state
3-15     [authority] has entered into a contract under Section 402.212.
3-16                 (5) [(4)]  "Department" means the Texas Department of
3-17     Health.
3-18                 (6) [(5)]  "Disposal site" means the property and
3-19     facilities acquired, constructed, and owned by the state
3-20     [authority] at which low-level radioactive waste can be processed
3-21     and disposed of permanently.
3-22                 (7) [(6)]  "Low-level radioactive waste" has the
3-23     meaning assigned by Section 401.004.
3-24                 (8)  "Major amendment" means an amendment to any
3-25     license for the storage, processing, assured isolation, or disposal
3-26     of low-level radioactive waste that:
3-27                       (A)  significantly changes the design or scope of
 4-1     operation of the facility; or
 4-2                       (B)  authorizes an increase in the volume or
 4-3     total radioactivity of the low-level radioactive waste.
 4-4                 (9) [(7)]  "Management" means establishing, adopting,
 4-5     and entering into and assuring compliance with the general
 4-6     policies, rules, and contracts that govern the operation of a
 4-7     disposal or assured isolation site.
 4-8                 (10) [(8)]  "Operation" means the control, supervision,
 4-9     and implementation of the actual physical activities involved in
4-10     the receipt, processing, packaging, storage, disposal, and
4-11     monitoring of low-level radioactive waste at a disposal or assured
4-12     isolation site, the maintenance of a disposal or assured isolation
4-13     site, and any other responsibilities designated by the board as
4-14     part of the operation.
4-15                 (11)  "Party state" has the meaning assigned by Section
4-16     2.01(13) of the compact.
4-17                 (12) [(9)]  "Person" includes a legal successor to or
4-18     representative, agent, or agency of any person.
4-19                 (13) [(10)]  "Radioactive material" means solid,
4-20     liquid, or gaseous material, whether occurring naturally or
4-21     produced artificially, that emits radiation spontaneously.
4-22                 (14) [(11)]  "Rangeland and wildlife management plan"
4-23     means a plan that applies rangeland and wildlife habitat management
4-24     techniques to land located in the vicinity of a disposal or assured
4-25     isolation site so that the natural productivity and economic value
4-26     of the land are enhanced.
4-27                 (15) [(12)]  "Bond" means any type of obligation issued
 5-1     by the authority under this chapter, including a certificate of
 5-2     obligation, bond, note, draft, bill, warrant, debenture, interim
 5-3     certificate, revenue or bond anticipation note, or other evidence
 5-4     of indebtedness.
 5-5                 (16) [(13)]  "Host county" means the county in which
 5-6     the disposal or assured isolation site is or will be located.
 5-7                 (17) [(14)]  "Commission" means the Texas Natural
 5-8     Resource Conservation Commission.
 5-9           SECTION 5. Section 402.013(c), Health and Safety Code, is
5-10     amended to read as follows:
5-11           (c)  After a disposal or assured isolation site is selected
5-12     under Section 402.090, the governor shall appoint to the board, at
5-13     the earliest opportunity, at least one representative of the public
5-14     as a representative of local interests.  A representative of the
5-15     public appointed to represent local interests must be a resident of
5-16     the host county.  The representative may not be an elected county
5-17     official or a county employee.
5-18           SECTION 6. Section 402.020, Health and Safety Code, is
5-19     amended to read as follows:
5-20           Sec. 402.020.  [AUTHORITY] OFFICES. The state [board] shall
5-21     maintain:
5-22                 (1)  a central office in the city of Austin for
5-23     conducting the state's low-level radioactive waste management
5-24     [authority's] business; and
5-25                 (2)  an [authority] office at a [each] disposal or
5-26     assured isolation site under construction or operated under this
5-27     chapter.
 6-1           SECTION 7. Section 402.021(b), Health and Safety Code, is
 6-2     amended to read as follows:
 6-3           (b)  In accordance with Chapter 551, Government Code, the
 6-4     state [board] shall hold an annual meeting in the host county with
 6-5     officials and representatives of political subdivisions of the host
 6-6     county to discuss concerns relating to that disposal or assured
 6-7     isolation site.
 6-8           SECTION 8. Section 402.028, Health and Safety Code, is
 6-9     amended to read as follows:
6-10           Sec. 402.028.  CONTRACTS OVER $15,000. (a)  Except as
6-11     provided by this section, if [If] the estimated amount of a
6-12     proposed contract for the purchase of materials, machinery,
6-13     equipment, or supplies is more than $15,000, the state [board]
6-14     shall ask for competitive bids as provided by Subchapter B, Chapter
6-15     271, Local Government Code.
6-16           (b)  The state may use the design-build method for the
6-17     construction of a disposal or assured isolation site facility.  In
6-18     using that method and entering into a contract for the services of
6-19     a design-build firm, the state shall follow the procedures
6-20     authorized by Section 51.780, Education Code, for institutions of
6-21     higher learning.
6-22           (c)  The state may use a design-build-operate method for the
6-23     construction and operation of a disposal or assured isolation site
6-24     facility.  If the state chooses this option, the state shall follow
6-25     the procedures authorized by Subsection (b) and, in addition, by
6-26     rule shall adopt and require for the facility operator professional
6-27     and performance qualifications that are substantially similar, for
 7-1     the services being contracted for, to the professional and
 7-2     performance requirements for architects and engineers under Section
 7-3     51.780, Education Code.
 7-4           (d) This section does not apply to purchases of property from
 7-5     public agencies or to contracts for personal [or professional]
 7-6     services.
 7-7           SECTION 9. Sections 402.029(a) and (c), Health and Safety
 7-8     Code, are amended to read as follows:
 7-9           (a)  The state [authority, through the board,] may sue and be
7-10     sued [in the name of the authority] in any court of this state,
7-11     except as to matters pertaining to the site selection and licensing
7-12     of a disposal or assured isolation site [facility within the
7-13     geographical area of Hudspeth County, Texas, described in Section
7-14     402.0921], which suits may only be brought in the courts of Travis
7-15     County, Texas.
7-16           (c)  Any judgment, injunction, declaration, or writ issued
7-17     against the state [authority] by a Texas court other than the
7-18     supreme court of Texas that is related to the site selection or
7-19     licensing of a disposal or assured isolation site [facility within
7-20     the geographical area of Hudspeth County, Texas, described in
7-21     Section 402.0921] shall be automatically suspended upon the filing
7-22     by the authority of a notice of appeal or other submission to a
7-23     higher court challenging the judgment, injunction, declaration, or
7-24     writ.  No Texas court other than the Texas supreme court shall have
7-25     any power to decline or otherwise affect the automatic suspension
7-26     pending appeal in such a case [related to Hudspeth County, Texas].
7-27           SECTION 10. Sections 402.031(a), (b), (d), and (e), Health
 8-1     and Safety Code, are amended to read as follows:
 8-2           (a)  The state [board] shall create a citizens advisory
 8-3     committee to perform oversight functions over a disposal or assured
 8-4     isolation site.
 8-5           (b)  The committee shall begin to perform its functions not
 8-6     earlier than the 30th day after the date on which construction of
 8-7     the disposal or assured isolation site begins.
 8-8           (d)  The committee shall:
 8-9                 (1)  conduct independent monitoring of [disposal] site
8-10     activities as authorized by guidelines adopted by the state
8-11     [board];
8-12                 (2)  make recommendations to the state [board]
8-13     concerning operations at the [disposal] site; and
8-14                 (3)  execute any other review and monitoring functions
8-15     as recommended by the committee and approved by the board.
8-16           (e)  Reasonable notice as required by the state [board] must
8-17     be given to the manager of a disposal or assured isolation site
8-18     before a committee member enters the [a disposal] site to exercise
8-19     any function authorized by this section.  The state [board] shall
8-20     provide for quarterly unannounced inspections of [disposal] site
8-21     activities.
8-22           SECTION 11. Section 402.032, Health and Safety Code, is
8-23     amended to read as follows:
8-24           Sec. 402.032.  [AUTHORITY] PURCHASE. Except as provided under
8-25     Section 402.212, a [A] purchase by the state [authority] of
8-26     supplies, materials, services, or equipment necessary to prepare,
8-27     construct, or operate a disposal or assured isolation site is
 9-1     exempt from the purchasing requirements of Subtitle D, Title 10,
 9-2     Government Code.
 9-3           SECTION 12. Section 402.051, Health and Safety Code, is
 9-4     amended to read as follows:
 9-5           Sec. 402.051.  JURISDICTION OVER DISPOSAL OR ASSURED
 9-6     ISOLATION SITE. The state [authority] has jurisdiction over site
 9-7     selection, preparation, construction, operation, maintenance,
 9-8     decommissioning, closing, and financing of a disposal or assured
 9-9     isolation site [sites].
9-10           SECTION 13. Section 402.052, Health and Safety Code, is
9-11     amended to read as follows:
9-12           Sec. 402.052.  DEVELOPMENT AND OPERATION OF DISPOSAL OR
9-13     ASSURED ISOLATION SITE. (a)  The state [authority] shall develop
9-14     and operate one disposal or assured isolation site for the
9-15     disposal, assured isolation, or both disposal and assured isolation
9-16     of low-level radioactive waste in this state.
9-17           (b)  The state may not develop or operate an assured
9-18     isolation site unless assured isolation at the site includes:
9-19                 (1)  above-grade vaults with internal access designed
9-20     to isolate the waste from the environment, from which the waste is
9-21     easily retrievable;
9-22                 (2)  individual monitoring of each waste structure or
9-23     building;
9-24                 (3)  monitoring of the ground beneath the assured
9-25     isolation facility and the perimeter of the facility for leakage;
9-26     and
9-27                 (4)  active inspection and preventive maintenance.
 10-1          SECTION 14. Section 402.053, Health and Safety Code, is
 10-2    amended to read as follows:
 10-3          Sec. 402.053.  GENERAL POWERS. To carry out this chapter, the
 10-4    state [authority] may:
 10-5                (1)  apply for, receive, accept, and administer gifts,
 10-6    grants, and other funds available from any source;
 10-7                (2)  contract with the federal government, the state,
 10-8    interstate agencies, local governmental entities, and private
 10-9    entities to carry out this chapter and rules, standards, and orders
10-10    adopted under this chapter;
10-11                (3)  conduct, request, and participate in studies,
10-12    investigations, and research relating to selection, preparation,
10-13    construction, operation, maintenance, decommissioning, closing, and
10-14    financing of a disposal or assured isolation site [sites and
10-15    disposal of low-level radioactive waste]; and
10-16                (4)  advise, consult, and cooperate with the federal
10-17    government, the state, interstate agencies, local governmental
10-18    entities in this state, and private entities.
10-19          SECTION 15. Section 402.058, Health and Safety Code, is
10-20    amended to read as follows:
10-21          Sec. 402.058.  HEALTH SURVEILLANCE SURVEY. The state [board],
10-22    in cooperation with the commission, the Texas Department of Health,
10-23    and local public health officials, shall develop a health
10-24    surveillance survey for the population located in the vicinity of a
10-25    disposal or assured isolation site.
10-26          SECTION 16. Section 402.059(a), Health and Safety Code, is
10-27    amended to read as follows:
 11-1          (a)  The state [authority], its employees, contractors, and
 11-2    agents may enter public or private property to assess the
 11-3    suitability of land for [a] disposal or assured isolation of
 11-4    low-level radioactive waste only with the prior written consent of
 11-5    the landowner [site in Hudspeth County, Texas].
 11-6          SECTION 17. Section 402.081, Health and Safety Code, is
 11-7    amended to read as follows:
 11-8          Sec. 402.081.  DISPOSAL SITE SELECTION STUDIES. The state
 11-9    [authority] shall make studies or contract for studies to be made
11-10    of the future requirements for the management [disposal] of
11-11    low-level radioactive waste in this state and to determine the
11-12    areas of the state that are relatively more suitable than others
11-13    for low-level radioactive waste management [disposal] activities.
11-14          SECTION 18. Subchapter D, Chapter 402, Health and Safety
11-15    Code, is amended by adding Sections 402.0815 and 402.0816 to read
11-16    as follows:
11-17          Sec. 402.0815.  LOCATION OF SITE IN COUNTY BORDERING
11-18    INTERNATIONAL BOUNDARY PROHIBITED. A low-level radioactive waste
11-19    disposal or assured isolation site may not be located in a county
11-20    that is adjacent to an international boundary.
11-21          Sec. 402.0816.  LOCATION OF SITE IN AREAS OF CERTAIN AMOUNT
11-22    OF ANNUAL RAINFALL PROHIBITED. A low-level radioactive waste
11-23    disposal or assured isolation site may not be located in an area in
11-24    which the average annual rainfall is greater than 26 inches.
11-25          SECTION 19. Section 402.082, Health and Safety Code, is
11-26    amended to read as follows:
11-27          Sec. 402.082.  STUDY CRITERIA. (a)  Studies required under
 12-1    Section 402.081 regarding disposal must consider:
 12-2                (1)  the volume of low-level radioactive waste
 12-3    generated by type and source categories for the expected life of
 12-4    the disposal site, including waste that may be generated from the
 12-5    decommissioning of nuclear power plants located in this state;
 12-6                (2)  geology;
 12-7                (3)  topography;
 12-8                (4)  transportation and access;
 12-9                (5)  meteorology;
12-10                (6)  population density;
12-11                (7)  surface and subsurface hydrology;
12-12                (8)  flora and fauna;
12-13                (9)  current land use;
12-14                (10)  criteria established by the commission for
12-15    disposal site selection;
12-16                (11)  the proximity of the disposal site to sources of
12-17    low-level radioactive waste, including related transportation
12-18    costs, to the extent that the proximity and transportation costs do
12-19    not interfere with selection of a suitable disposal site for
12-20    protecting public health and the environment;
12-21                (12)  other disposal site characteristics that may need
12-22    study on a preliminary basis and for which detailed study would be
12-23    required to prepare an application or license required for disposal
12-24    site operation; and
12-25                (13)  alternative management techniques, including
12-26    [aboveground isolation facilities,] waste processing and reduction
12-27    at the site of waste generation and at an authority management
 13-1    site, and waste recycling.
 13-2          (b)  Studies required under Section 402.081 regarding assured
 13-3    isolation must consider:
 13-4                (1)  the volume of low-level radioactive waste
 13-5    generated by type and source categories for the expected life of
 13-6    the assured isolation site, including waste that may be generated
 13-7    from the decommissioning of nuclear power plants located in this
 13-8    state or another state that is a party state under the compact;
 13-9                (2)  geology;
13-10                (3)  hydrology;
13-11                (4)  transportation and access;
13-12                (5)  population density;
13-13                (6)  meteorology;
13-14                (7)  current land use;
13-15                (8)  related transportation costs; and
13-16                (9)  other criteria established by the department for
13-17    assured isolation site selection.
13-18          SECTION 20. Section 402.083, Health and Safety Code, is
13-19    amended to read as follows:
13-20          Sec. 402.083.  CHOOSING SITES FOR FURTHER ANALYSIS. (a)  On
13-21    completion of the studies required by Section 402.081, the state
13-22    [board] shall choose a [at least two] potential disposal or assured
13-23    isolation site [sites] for further analysis under Section 402.084.
13-24          (b)  In choosing a site under this section for further
13-25    analysis, the state shall give preference to a county in which:
13-26                (1)  the majority of the voters voting in a nonbinding
13-27    referendum in the county called and held for the purpose favors the
 14-1    establishment of a low-level radioactive waste management facility
 14-2    in that county; and
 14-3                (2)  the commissioners court has passed a resolution
 14-4    that reports to favor the establishment of a low-level radioactive
 14-5    waste management facility in the county.
 14-6          (c)  In choosing a site under this section, the authority may
 14-7    not choose a site within a county in which the majority of the
 14-8    voters voting in a nonbinding referendum in the county called and
 14-9    held for the purpose do not favor the establishment of a low-level
14-10    radioactive waste management facility in that county.
14-11          (d)  A person is eligible to vote in a nonbinding referendum
14-12    under this section only if the person was eligible to vote in the
14-13    most recent gubernatorial election in the county in which the
14-14    nonbinding referendum is to be held.
14-15          (e)  The county may hold and shall pay for a nonbinding
14-16    referendum held as described by Subsection (b)(1). The ballot shall
14-17    include the following language:  "Would you be in favor of _______
14-18    County being selected as the host county for a low-level
14-19    radioactive waste management site?  Yes _____  No _____."  The
14-20    nonbinding referendum shall be conducted as provided by the
14-21    Election Code, except that Section 41.001(a), Election Code, does
14-22    not apply to a referendum under this section.
14-23          (f)  For purposes of this section, a "nonbinding referendum"
14-24    is an election.
14-25          SECTION 21. Section 402.084, Health and Safety Code, is
14-26    amended to read as follows:
14-27          Sec. 402.084.  EVALUATION OF POTENTIAL SITE [SITES]. (a)  For
 15-1    the [each] potential disposal or assured isolation site chosen
 15-2    under Section 402.083, the state [authority] shall evaluate or
 15-3    contract for the evaluation of:
 15-4                (1)  preoperating costs;
 15-5                (2)  operating costs;
 15-6                (3)  maintenance costs;
 15-7                (4)  costs of decommissioning and extended care; and
 15-8                (5)  socioeconomic, environmental, and public health
 15-9    impacts associated with the site.
15-10          (b)  The socioeconomic impacts to be evaluated include fire,
15-11    police, education, utility, public works, public access, planning,
15-12    and other governmental services and assumed and perceived risks of
15-13    the disposal or assured isolation site [sites] and disposal or
15-14    assured isolation activities.
15-15          (c)  Public officials and members of local boards or
15-16    governing bodies of local political subdivisions of the state in
15-17    which a potential disposal or assured isolation site is located
15-18    shall be invited to participate in appropriate evaluation
15-19    activities.
15-20          SECTION 22. Section 402.085, Health and Safety Code, is
15-21    amended to read as follows:
15-22          Sec. 402.085.  SITE PROPOSAL. On receiving the results of the
15-23    studies and evaluations required by Sections 402.081, 402.084, and
15-24    402.087, the state [board] shall propose the [a] site if the site
15-25    [that] appears to be [the most] suitable for [a] disposal or
15-26    assured isolation [site] and shall hold a public hearing to
15-27    consider whether that site should be selected as the state's
 16-1    disposal or assured isolation site.
 16-2          SECTION 23. Section 402.086(a), Health and Safety Code, is
 16-3    amended to read as follows:
 16-4          (a)  Before the state [board] gives notice of the hearing on
 16-5    a [the] proposed disposal or assured isolation site, the state
 16-6    [authority] shall prepare a report that includes:
 16-7                (1)  detailed information regarding all aspects of the
 16-8    [disposal] site selection process;
 16-9                (2)  criteria for [disposal] site selection as
16-10    established by the appropriate licensing authority; and
16-11                (3)  summaries of the studies required under Section
16-12    402.081 and the evaluations required under Section 402.084.
16-13          SECTION 24. Sections 402.087(a) and (c), Health and Safety
16-14    Code, are amended to read as follows:
16-15          (a)  The state [authority] may appoint a mediator to consider
16-16    the views of parties interested in the selection of a disposal or
16-17    assured isolation site.
16-18          (c)  Mediation meetings may be held in the county [counties]
16-19    in which the potential disposal or assured isolation site is [sites
16-20    are] located and shall be held before the public hearing required
16-21    by Section 402.085.
16-22          SECTION 25. Section 402.088(b), Health and Safety Code, is
16-23    amended to read as follows:
16-24          (b)  The state [board] shall give notice of the hearing on
16-25    the proposed disposal or assured isolation site by publishing
16-26    notice in English and Spanish in a newspaper published in the host
16-27    county. The notice must be published at least once each week for
 17-1    four consecutive weeks beginning not later than the 31st day before
 17-2    the date set for the hearing.
 17-3          SECTION 26. Section 402.089, Health and Safety Code, is
 17-4    amended to read as follows:
 17-5          Sec. 402.089.  BOARD DETERMINATION; RESTRICTIONS ON SELECTION
 17-6    NEAR RESERVOIR. (a)  The state [board] shall determine if the
 17-7    proposed disposal or assured isolation site should be selected
 17-8    after a thorough consideration of:
 17-9                (1)  the studies and evaluations relating to site
17-10    selection;
17-11                (2)  the criteria required to be used in those studies;
17-12    and
17-13                (3)  testimony and evidence presented at the hearing.
17-14          (b)  The state [board] may not select a disposal or assured
17-15    isolation site under this subchapter that is within 20 miles
17-16    upstream or up-drainage from the maximum elevation of the surface
17-17    of a reservoir project that:
17-18                (1)  has been constructed or is under construction by
17-19    the United States Bureau of Reclamation or the United States Corps
17-20    of Engineers; or
17-21                (2)  has been approved for construction by the Texas
17-22    Water Development Board as part of the state water plan under
17-23    Subchapter C, Chapter 16, Water Code.
17-24          (c)  The state may not select a disposal or assured isolation
17-25    site that is located within 62 miles of the international boundary
17-26    between this state and Mexico. A site is located within 62 miles of
17-27    the international boundary if any point on the site's perimeter is
 18-1    closer than 62 miles to any point on the international boundary.
 18-2          SECTION 27. Section 402.090, Health and Safety Code, is
 18-3    amended to read as follows:
 18-4          Sec. 402.090.  ORDER DESIGNATING SITE. If the state [board]
 18-5    selects a proposed [disposal] site as the disposal or assured
 18-6    isolation site, the state [board] by order shall designate the site
 18-7    as the disposal or assured isolation site and shall issue a final
 18-8    report.
 18-9          SECTION 28. Section 402.091, Health and Safety Code, is
18-10    amended to read as follows:
18-11          Sec. 402.091.  REJECTION OF PROPOSED SITE. (a)  If the state
18-12    [board] determines that a proposed disposal or assured isolation
18-13    site should not be selected, the state [board] shall issue an order
18-14    rejecting the site and shall call another hearing to consider
18-15    another proposed [disposal] site that appears suitable from the
18-16    studies and evaluations.
18-17          (b)  The state [board] shall continue to follow the
18-18    procedures of [disposal] site selection under this subchapter until
18-19    a suitable disposal or assured isolation site is selected.
18-20          SECTION 29. Section 402.092, Health and Safety Code, is
18-21    amended to read as follows:
18-22          Sec. 402.092.  FINAL REPORT. The authority shall submit to
18-23    the governor and to the legislature for informational purposes a
18-24    copy of the final report and order selecting a disposal or assured
18-25    isolation site.
18-26          SECTION 30. Section 402.0922, Health and Safety Code, is
18-27    amended to read as follows:
 19-1          Sec. 402.0922.  EMINENT DOMAIN. The state [authority] may
 19-2    acquire land for a disposal or assured isolation site [within the
 19-3    geographical area described in Section 402.0921] by condemnation
 19-4    and in accordance with Chapter 21 of the Property Code.
 19-5          SECTION 31. Section 402.094, Health and Safety Code, is
 19-6    amended to read as follows:
 19-7          Sec. 402.094.  ACQUISITION OF PROPERTY. (a)  The state
 19-8    [authority] may acquire by gift, grant, or purchase any land,
 19-9    easements, rights-of-way, and other property interests necessary to
19-10    construct and operate a disposal or assured isolation site.
19-11          (b)  The state [authority] must acquire the fee simple title
19-12    to all land and property that is a part of the licensed disposal or
19-13    assured isolation site.
19-14          (c)  The state [authority] may lease property on terms and
19-15    conditions the board determines advantageous to the authority, but
19-16    land that is part of a licensed disposal or assured isolation site
19-17    may be leased only through [from] the Texas Public Finance
19-18    Authority as provided by the Texas Public Finance Authority Act
19-19    (Article 601d, Vernon's Texas Civil Statutes).
19-20          (d)  The state [authority] may lease land owned by the state
19-21    [authority] that is not part of a licensed disposal or assured
19-22    isolation site.  Land leased by the state [authority] under this
19-23    section may be used only for agricultural, ranching, or grazing
19-24    purposes.
19-25          SECTION 32. Section 402.122, Health and Safety Code, is
19-26    amended to read as follows:
19-27          Sec. 402.122.  ENTRY ON AND INVESTIGATION OF SCHOOL OR
 20-1    UNIVERSITY LAND. The state [authority] may enter and investigate
 20-2    land dedicated to the permanent school fund or the permanent
 20-3    university fund to determine the suitability of the land for a
 20-4    disposal or assured isolation site.
 20-5          SECTION 33. Section 402.123, Health and Safety Code, is
 20-6    amended to read as follows:
 20-7          Sec. 402.123.  PROCEDURE FOR SELECTION AND SALE OF SCHOOL OR
 20-8    UNIVERSITY LAND. (a)  If the state [board] determines that a
 20-9    suitable disposal or assured isolation site can be located on land
20-10    dedicated to the permanent school fund or permanent university fund
20-11    and issues an order selecting that site as a proposed disposal or
20-12    assured isolation site, the School Land Board or the board of
20-13    regents of The University of Texas System, as appropriate, shall
20-14    authorize the state [authority] to enter on the land to conduct any
20-15    studies of the proposed site required by commission or department
20-16    rule [a detailed technical characterization of the proposed
20-17    disposal site].
20-18          (b)  Notwithstanding any other law, if the state [board]
20-19    determines at the completion [of the characterization period and
20-20    the completion] of studies required by Subsection (a)  and
20-21    Subchapter D that the land should be purchased for the proposed
20-22    disposal or assured isolation site, the School Land Board or the
20-23    board of regents of The University of Texas System, as appropriate,
20-24    shall have the land and any minerals in the land appraised and
20-25    shall sell the land to the authority at the appraised value.
20-26          SECTION 34. Section 402.124(b), Health and Safety Code, is
20-27    amended to read as follows:
 21-1          (b)  The state [authority] may enter into an agreement to
 21-2    purchase one or more parcels of land dedicated to the permanent
 21-3    school fund or the permanent university fund of a size the board
 21-4    considers appropriate for purposes of a disposal or assured
 21-5    isolation site.
 21-6          SECTION 35. Section 402.125(b), Health and Safety Code, is
 21-7    amended to read as follows:
 21-8          (b)  This section and Section 402.123 apply only to land
 21-9    actually required for a [the] licensed disposal or assured
21-10    isolation site.
21-11          SECTION 36. Section 402.126, Health and Safety Code, is
21-12    amended to read as follows:
21-13          Sec. 402.126.  RANGELAND AND WILDLIFE MANAGEMENT PLAN. (a)
21-14    To implement a rangeland and wildlife management plan, the state
21-15    [authority] may lease from the School Land Board or the board of
21-16    regents of The University of Texas System property that is
21-17    dedicated to the permanent school fund or the permanent university
21-18    fund and that is proximate to the [a] disposal or assured isolation
21-19    site.  Land leased for a rangeland and wildlife management plan may
21-20    not exceed 65,000 acres.
21-21          (b)  The state [authority] shall lease from the School Land
21-22    Board on the School Land Board's terms and conditions the land
21-23    determined by the School Land Board as necessary to serve as a
21-24    rangeland and wildlife management area [buffer] for the disposal or
21-25    assured isolation site.  Land leased under this subsection shall be
21-26    used by the authority to implement a rangeland and wildlife
21-27    management plan.
 22-1          SECTION 37. Section 402.128, Health and Safety Code, is
 22-2    amended to read as follows:
 22-3          Sec. 402.128.  APPLICABLE STANDARDS. The commission, the
 22-4    department, or the authority may not lessen any standards for the
 22-5    siting, construction, or operation of a [the] disposal or assured
 22-6    isolation site because the site is located on state-owned land
 22-7    dedicated to the permanent school fund or the permanent university
 22-8    fund.
 22-9          SECTION 38. Section 402.151, Health and Safety Code, is
22-10    amended to read as follows:
22-11          Sec. 402.151.  PREPARATIONS FOR OBTAINING LICENSES AND
22-12    AUTHORIZATIONS. After selection of the disposal or assured
22-13    isolation site, the state [board] shall direct the general manager
22-14    to prepare necessary applications, disposal or assured isolation
22-15    plans, and other material for obtaining licenses and other
22-16    authorizations for the [disposal] site.
22-17          SECTION 39. Section 402.1511, Health and Safety Code, is
22-18    amended to read as follows:
22-19          Sec. 402.1511.  COMMISSION OR DEPARTMENT LICENSE. (a)
22-20    Notwithstanding any other provision of this chapter, the commission
22-21    has sole authority to issue a license to operate a disposal site
22-22    under this chapter and the department has sole authority to issue a
22-23    license to operate an assured isolation site under this chapter.
22-24          (b)  The state [authority] or any other entity authorized by
22-25    contract to operate a disposal or assured isolation site under this
22-26    chapter may not operate the [disposal] site unless the authority
22-27    [or entity] has first obtained an operating license as required
 23-1    [from the commission] under this section.
 23-2          (c)  [The authority or any other entity required by this
 23-3    chapter to obtain a license to operate a disposal site under this
 23-4    chapter is required to obtain the license from the commission and
 23-5    not from the department.]
 23-6          [(d)]  The commission and the department each may adopt any
 23-7    rules reasonably necessary to exercise its authority under this
 23-8    section.
 23-9          SECTION 40. Section 402.152, Health and Safety Code, is
23-10    amended to read as follows:
23-11          Sec. 402.152.  APPLICATIONS FOR LICENSES AND AUTHORIZATIONS.
23-12    (a)  The state [authority] shall submit to each federal and state
23-13    agency from which it must obtain licenses and other types of
23-14    authorization to construct and operate a disposal or assured
23-15    isolation site the necessary applications and information to obtain
23-16    those licenses and authorizations.
23-17          (b)  [Notwithstanding any other law or other provision of
23-18    this chapter, the authority shall submit to the appropriate state
23-19    and federal agencies an application to construct and operate a
23-20    disposal site located within the geographical area described in
23-21    Section 402.0921.]
23-22          [(c)]  The state [authority] shall maintain such field
23-23    offices and conduct such studies and activities as necessary to
23-24    provide information required to support the license application for
23-25    a disposal or assured isolation site [located within the
23-26    geographical area described in Section 402.0921].
23-27          (c) [(d)]  The commission or the department, as appropriate,
 24-1    shall complete its review of the completeness and administrative
 24-2    sufficiency of the application within 60 [30] days of receipt of
 24-3    the application from the state [authority].  The state [authority]
 24-4    shall promptly respond to the commission's or the department's
 24-5    requests for additional documentation or other information in order
 24-6    for the commission or department to complete its sufficiency review
 24-7    of the application.  If the commission or department does not
 24-8    inform the authority within 60 [45] days of receipt of the
 24-9    application that the application is administratively sufficient,
24-10    the application is presumed to be administratively sufficient.
24-11          (d) [(e)]  The commission or department shall:
24-12                (1)  complete all activities associated with the review
24-13    and processing of an application, including the publication of an
24-14    environmental assessment, if required, but excluding public
24-15    hearings, and either propose to issue or deny a license for the
24-16    operation of the site no later than 15 months after the date that
24-17    the application is declared or presumed to be administratively
24-18    sufficient; and
24-19                (2)  give priority to the review of the application
24-20    over all other radioactive materials and waste licensing and
24-21    registration matters pending before the commission or department.
24-22          (e)  Before the department or commission, within its
24-23    jurisdiction, grants, renews, or makes a major amendment to a
24-24    license for low-level radioactive waste, the department shall give
24-25    notice and shall provide an opportunity for a public hearing in the
24-26    manner provided by the agency's formal hearing procedure, Sections
24-27    401.114(b) and (c), and Chapter 2001, Government Code. Notice and
 25-1    opportunity for a hearing for all other amendments to a license for
 25-2    low-level radioactive waste shall be given in accordance with
 25-3    Section 401.116.
 25-4          SECTION 41. Section 402.154, Health and Safety Code, is
 25-5    amended to read as follows:
 25-6          Sec. 402.154.  TECHNIQUES FOR MANAGING LOW-LEVEL RADIOACTIVE
 25-7    WASTE. (a)  As a condition for obtaining a license, the state
 25-8    [authority] must submit to the commission or the department, as
 25-9    appropriate, [its designee] evidence relating to the reasonableness
25-10    of any technique to be practiced at the proposed disposal or
25-11    assured isolation site for managing low-level radioactive waste.
25-12          (b)  Before determining the techniques to be used for
25-13    managing low-level radioactive waste, the authority shall study
25-14    alternative techniques, including:
25-15                (1)  waste processing and reduction at the site of
25-16    waste generation and at the disposal or assured isolation site; and
25-17                (2)  the use of assured [aboveground] isolation
25-18    facilities.
25-19          (c)  Underground disposal may be considered for the
25-20    management of low-level radioactive waste received from the compact
25-21    states only if assured isolation is found not to be feasible.
25-22          SECTION 42. Section 402.155, Health and Safety Code, is
25-23    amended to read as follows:
25-24          Sec. 402.155.  DENIAL OF LICENSE APPLICATION. If the state's
25-25    [authority's] application for a license for a [the] proposed
25-26    disposal or assured isolation site is denied, the state [board]
25-27    shall select an alternative disposal or assured isolation site in
 26-1    the manner provided by Subchapter D for the selection of the
 26-2    original proposed [disposal] site.
 26-3          SECTION 43. Section 402.181, Health and Safety Code, is
 26-4    amended to read as follows:
 26-5          Sec. 402.181.  DISPOSAL OR ASSURED ISOLATION SITE
 26-6    CONSTRUCTION. (a)  The state [authority] shall construct or
 26-7    contract for construction as provided by this chapter all works and
 26-8    facilities on the disposal or assured isolation site and shall make
 26-9    improvements necessary to prepare the site for the management [for
26-10    disposal and to permanently dispose] of low-level radioactive
26-11    waste.
26-12          (b)  Preparation and construction of works and facilities at
26-13    the disposal or assured isolation site must be done in a manner
26-14    that complies with rules and standards adopted by federal and state
26-15    agencies for disposal or assured isolation sites, as appropriate,
26-16    and with the state's site management [authority's disposal] plans.
26-17          (c)  The state may not begin construction of any part of or
26-18    any works associated with a low-level radioactive waste disposal
26-19    facility or assured isolation facility before the state has
26-20    acquired ownership of the land on which the facility is to be
26-21    located.  This subsection does not prohibit the authority from
26-22    performing site characterizations on land not yet acquired by the
26-23    state.
26-24          SECTION 44. Section 402.182, Health and Safety Code, is
26-25    amended to read as follows:
26-26          Sec. 402.182.  DESIGN OF FACILITIES. The state [board] shall
26-27    ensure that the design of facilities for low-level radioactive
 27-1    waste disposal or assured isolation incorporates, as far as
 27-2    possible, safeguards against hazards resulting from earthquakes and
 27-3    local meteorological conditions, including phenomena such as
 27-4    hurricanes, tornados, [earthquakes, earth tremors,] violent storms,
 27-5    and susceptibility to flooding.
 27-6          SECTION 45. Sections 402.183(a) and (b), Health and Safety
 27-7    Code, are amended to read as follows:
 27-8          (a)  The state [authority] may contract with any person to
 27-9    construct any part of the works, facilities, and improvements at
27-10    the disposal or assured isolation site.
27-11          (b)  The contract must specifically provide for termination
27-12    by the state [authority] if the contractor fails to comply with
27-13    federal and state standards and rules or with the authority's
27-14    disposal or assured isolation site plans.
27-15          SECTION 46. Section 402.211, Health and Safety Code, is
27-16    amended to read as follows:
27-17          Sec. 402.211.  MANAGEMENT AND OPERATION OF DISPOSAL OR
27-18    ASSURED ISOLATION SITE. The state [board] shall manage and, if
27-19    necessary, operate the disposal or assured isolation site licensed
27-20    [sites] under this chapter.  The management and operation must be
27-21    in compliance with laws, rules, and standards of federal and state
27-22    agencies that have jurisdiction over disposal or assured isolation
27-23    sites.  The state [board] shall take any action necessary under
27-24    this chapter to manage and operate the disposal or assured
27-25    isolation site [sites] in a manner that will protect the public
27-26    health and safety and the environment.
27-27          SECTION 47. Section 402.212, Health and Safety Code, is
 28-1    amended to read as follows:
 28-2          Sec. 402.212.  CONTRACT FOR OPERATION OF DISPOSAL OR ASSURED
 28-3    ISOLATION SITE. (a)  The state, after bidding conducted in
 28-4    accordance with Section 402.028, [board] may contract with a
 28-5    political subdivision or agency of the state or a private entity to
 28-6    perform the overall operation of a disposal or assured isolation
 28-7    site.
 28-8          (b)  The state [board] by rule shall establish criteria for
 28-9    determining the competence of a political subdivision or agency of
28-10    the state or a private entity to perform the overall operation of a
28-11    disposal or assured isolation site.
28-12          (c)  A contract under this section may not relieve the
28-13    authority of its management responsibility under this chapter.
28-14          SECTION 48. Section 402.213, Health and Safety Code, is
28-15    amended to read as follows:
28-16          Sec. 402.213.  CONTRACT AUTHORITY [OF BOARD]. In contracting
28-17    with a contract operator, the state [board] may:
28-18                (1)  select the contract operator before the authority
28-19    [it] obtains the license for the disposal or assured isolation site
28-20    so that the state [board] may allow the contract operator to advise
28-21    and consult with the state [board, general manager, and staff of
28-22    the authority] on the design and disposal or assured isolation
28-23    plans for the site;
28-24                (2)  require the contract operator to make all tests,
28-25    keep all records, and prepare all reports required by licenses
28-26    issued for disposal or assured isolation site operations;
28-27                (3)  require standards of performance;
 29-1                (4)  require posting of a bond or other financial
 29-2    security by the contract operator to ensure safe operation and
 29-3    decommissioning of the disposal or assured isolation site; and
 29-4                (5)  establish other requirements, including operator
 29-5    liability requirements, necessary to assure that the disposal or
 29-6    assured isolation site is properly operated and that the public
 29-7    health and safety and the environment are protected.
 29-8          SECTION 49. Section 402.214, Health and Safety Code, is
 29-9    amended to read as follows:
29-10          Sec. 402.214.  PROVISIONS OF OPERATION CONTRACT. A contract
29-11    to operate a disposal or assured isolation site must specify that:
29-12                (1)  the state [board] retains management authority
29-13    over the [disposal] site and may monitor and inspect any part of
29-14    the site and operations on the site at any time;
29-15                (2)  the contract operator must operate the [disposal]
29-16    site in a manner that complies with the law and licenses regulating
29-17    operations at the site that are issued by the department
29-18    [commission] and the federal government;
29-19                (3)  the contract operator must comply with rules
29-20    adopted by the board that govern operation of the [disposal] site;
29-21    and
29-22                (4)  the contract is subject to termination after
29-23    notice and hearing if the contract operator fails to comply with a
29-24    license issued for the [disposal] site by the department
29-25    [commission] or [by the] federal government, fails to comply with
29-26    the rules of the authority, or fails to comply with the contract.
29-27          SECTION 50. Section 402.215, Health and Safety Code, is
 30-1    amended to read as follows:
 30-2          Sec. 402.215.  ON-SITE OPERATOR. (a)  An on-site operator who
 30-3    is responsible for all operations at the disposal or assured
 30-4    isolation site shall supervise the [each disposal] site.
 30-5          (b)  The state [general manager] shall employ the on-site
 30-6    operator at a disposal or assured isolation site operated by the
 30-7    authority.
 30-8          (c)  If the state [authority] contracts for the overall
 30-9    operation of a disposal or assured isolation site, the on-site
30-10    operator must be a representative of the contract operator.
30-11          SECTION 51. Section 402.216, Health and Safety Code, is
30-12    amended to read as follows:
30-13          Sec. 402.216.  RULES RELATING TO DISPOSAL OR ASSURED
30-14    ISOLATION SITE. (a)  The state [board] shall adopt rules governing:
30-15                (1)  the operation of the disposal or assured isolation
30-16    site [sites];
30-17                (2)  acceptance of low-level radioactive waste;
30-18                (3)  maintenance and monitoring of the disposal or
30-19    assured isolation site [sites]; and
30-20                (4)  activities relating to the management and
30-21    operation of disposal or assured isolation site [sites].
30-22          (b)  Rules adopted under this section may not be less
30-23    stringent than those adopted by the commission or department, as
30-24    appropriate.
30-25          SECTION 52. Section 402.217, Health and Safety Code, is
30-26    amended to read as follows:
30-27          Sec. 402.217.  [DISPOSAL] SITE ACTIVITIES. (a)  The state
 31-1    [authority] may adopt any methods and techniques for low-level
 31-2    radioactive waste management [permanent disposal] that comply with
 31-3    federal and state standards for low-level radioactive waste
 31-4    management [disposal] and that protect the public health and safety
 31-5    and the environment.
 31-6          (b)  The state [authority] may provide facilities at disposal
 31-7    or assured isolation sites for processing and packaging low-level
 31-8    radioactive waste [for disposal].
 31-9          SECTION 53. Section 402.218, Health and Safety Code, is
31-10    amended to read as follows:
31-11          Sec. 402.218.  ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE. (a)
31-12    Subject to limitations provided by Section 402.219, the [each]
31-13    disposal or assured isolation site shall accept for management
31-14    [disposal] all low-level radioactive waste that is presented to it
31-15    and that is properly processed and packaged.
31-16          (b)  On acceptance by the disposal or assured isolation site,
31-17    title and liability for the low-level radioactive waste transfers
31-18    to the authority.
31-19          SECTION 54. Section 402.219, Health and Safety Code, is
31-20    amended to read as follows;
31-21          Sec. 402.219.  LIMITATIONS ON LOW-LEVEL RADIOACTIVE WASTE
31-22    ACCEPTANCE [DISPOSAL]. (a)  Except as provided by an interstate
31-23    compact, a licensed disposal or assured isolation site may accept
31-24    only low-level radioactive waste that is generated in this state.
31-25          (b)  The board by rule shall exclude from a licensed disposal
31-26    or assured isolation site certain types of low-level radioactive
31-27    waste that are incompatible with site [disposal] operations.
 32-1          (c)  The state may enter into compacts with another state or
 32-2    several states for the acceptance and management [disposal] in this
 32-3    state of low-level radioactive waste only if the compact:
 32-4                (1)  limits the total volume of all low-level
 32-5    radioactive waste for disposal or assured isolation [to be disposed
 32-6    of] in this state from the other state or states to 20 percent of
 32-7    the annual average of low-level radioactive waste that the governor
 32-8    projects will be produced in this state from the years 1995 through
 32-9    2045;
32-10                (2)  gives this state full administrative control over
32-11    management and operation of the disposal or assured isolation site;
32-12                (3)  requires the other state or states to join this
32-13    state in any legal action necessary to prevent states that are not
32-14    members of the compact from delivering [disposing of] low-level
32-15    radioactive waste to [at] the disposal or assured isolation site;
32-16                (4)  allows this state to charge a fee for the
32-17    management [disposal] of low-level radioactive waste at the
32-18    [disposal] site;
32-19                (5)  requires the other state or states to join in any
32-20    legal action involving liability from the [disposal] site;
32-21                (6)  requires the other state or states to share the
32-22    full cost of constructing the [disposal] site;
32-23                (7)  allows this state to regulate, in accordance with
32-24    federal law, the means and routes of transportation of the
32-25    low-level radioactive waste in this state;
32-26                (8)  requires the other state or states to pay for
32-27    community assistance projects selected by the host county in an
 33-1    amount not less than $1 million or 10 percent of the amount
 33-2    contributed by the other state or states;
 33-3                (9)  is agreed to by the Texas Legislature, the
 33-4    legislature of the other state or states, and the United States
 33-5    Congress; and
 33-6                (10)  complies with all applicable federal law.
 33-7          (d)  This section does not affect the ability of this state
 33-8    to transfer low-level radioactive waste to another state.
 33-9          (e)  If this state enters into a compact with another state
33-10    and the terms of the compact conflict with this section, the terms
33-11    of the compact control.
33-12          (f)  Notwithstanding any other law, neither the state nor the
33-13    contract operator may accept from a state other than Texas, Maine,
33-14    or Vermont any low-level radioactive waste for disposal or assured
33-15    isolation at a compact facility unless:
33-16                (1)  disposal or assured isolation of low-level
33-17    radioactive waste from that state at that compact facility has been
33-18    approved by the compact commission as provided in the compact;
33-19                (2)  the total volume of low-level radioactive waste to
33-20    be accepted from all states other than Texas, Maine, and Vermont
33-21    will not exceed 10 percent of the volume expected to be placed in
33-22    the compact facility by the host state generators during the
33-23    operating life of the compact facility;
33-24                (3)  the state properly contracts with the generator of
33-25    the low-level radioactive waste; and
33-26                (4)  the acceptance of the low-level radioactive waste
33-27    complies with all rules and license limitations for the compact
 34-1    facility established by the department, as appropriate.
 34-2          (g)  The total volume of low-level radioactive waste
 34-3    authorized to be accepted from states other than Texas, Maine, and
 34-4    Vermont by Subsection (f)(2) is in addition to the amount
 34-5    authorized by and established under Section 3.04(11) of the
 34-6    compact.
 34-7          (h)  An affected person may bring suit in district court in
 34-8    Travis County or in the county in which the disposal or assured
 34-9    isolation site is located for a declaratory judgment or for
34-10    injunctive or other equitable relief to enforce Subsection (f).  A
34-11    successful plaintiff is entitled to court costs and reasonable
34-12    attorney's fees.
34-13          SECTION 55. Sections 402.220(a), (c), and (d), Health and
34-14    Safety Code, are amended to read as follows:
34-15          (a)  To protect the public health and safety and the
34-16    environment, the board, after notice and hearing, shall adopt an
34-17    emergency response plan for the [each] disposal or assured
34-18    isolation site to be implemented if the [disposal] site becomes a
34-19    threat to the public health or safety or to the environment.
34-20          (c)  The state [authority] may construct or contract for the
34-21    constructions of facilities and procure equipment required to
34-22    provide fire, police, and emergency medical services needed to
34-23    support the disposal or assured isolation site.
34-24          (d)  The facilities shall be:
34-25                (1)  constructed proximate to the disposal or assured
34-26    isolation site or in the nearest community, as determined by the
 35-1    board; and
 35-2                (2)  in operation before the first day of operation of
 35-3    the [disposal] site.
 35-4          SECTION 56. Section 402.221(b), Health and Safety Code, is
 35-5    amended to read as follows:
 35-6          (b)  An inspector employed by the department or under
 35-7    contract to the department shall inspect all packaged radioactive
 35-8    waste before it is transported to a [permanent] disposal or assured
 35-9    isolation site in this state.
35-10          SECTION 57. Section 402.222, Health and Safety Code, is
35-11    amended to read as follows:
35-12          Sec. 402.222.  SHIPMENT OF LOW-LEVEL RADIOACTIVE WASTE. (a)
35-13    On arrival of a shipment of low-level radioactive waste at the [a]
35-14    disposal or assured isolation site, the on-site operator or the
35-15    operator's agent must determine that the waste complies with all
35-16    laws, rules, and standards relating to processing and packaging of
35-17    low-level radioactive waste before the waste is accepted for
35-18    disposal or assured isolation at the [disposal] site.
35-19          (b)  A person making a shipment of low-level radioactive
35-20    waste that is in excess of 75 cubic feet shall give the on-site
35-21    operator of the disposal or assured isolation site written notice
35-22    of the shipment at least 72 hours before shipment to the [disposal]
35-23    site begins.  The written notice must contain information required
35-24    by the board.
35-25          SECTION 58. Section 402.223, Health and Safety Code, is
35-26    amended to read as follows:
35-27          Sec. 402.223.  IMPROPERLY PROCESSED OR PACKAGED LOW-LEVEL
 36-1    RADIOACTIVE WASTE. (a)  If low-level radioactive waste that is not
 36-2    properly processed or packaged arrives at the [a] disposal or
 36-3    assured isolation site, the on-site operator or the operator's
 36-4    agent shall properly process and package the waste for disposal or
 36-5    assured isolation, as appropriate, and charge the person making the
 36-6    shipment the fee required by Section 402.274.
 36-7          (b)  The on-site operator or the operator's agent shall
 36-8    report to the federal and state agencies that establish rules and
 36-9    standards for processing, packaging, and transporting low-level
36-10    radioactive waste any person who delivers to the [a] disposal or
36-11    assured isolation site low-level radioactive waste that is not
36-12    properly processed or packaged.
36-13          SECTION 59. Section 402.224(a), Health and Safety Code, is
36-14    amended to read as follows:
36-15          (a)  An on-site operator who accepts mixed waste at the [a]
36-16    disposal or assured isolation site shall comply with Chapter 361
36-17    (Solid Waste Disposal Act), the Resource Conservation and Recovery
36-18    Act of 1976 (42 U.S.C. 6901 et seq.), and this chapter.
36-19          SECTION 60. Section 402.225, Health and Safety Code, is
36-20    amended to read as follows:
36-21          Sec. 402.225.  BELOWGROUND DISPOSAL RESTRICTED. Low-level
36-22    radioactive waste may not be disposed of in a landfill below the
36-23    natural level of a disposal site unless:
36-24                (1)  [federal or state regulatory programs for
36-25    low-level radioactive waste preclude or recommend against
36-26    aboveground disposal, or the authority has by rule determined that
36-27    belowground disposal provides greater protection than aboveground
 37-1    disposal for public health and the environment for the period for
 37-2    which the low-level waste will continue to pose a hazard to public
 37-3    health and the environment;
 37-4                (2)]  the low-level radioactive waste is contained
 37-5    within a reinforced concrete barrier or within containment
 37-6    structures made of materials technologically equivalent or superior
 37-7    to reinforced concrete; and
 37-8          (2) [(3)]  the low-level radioactive waste is contained in
 37-9    such a manner that it can be monitored and retrieved.
37-10          SECTION 61. Section 402.226(a), Health and Safety Code, is
37-11    amended to read as follows:
37-12          (a)  The state [authority] may not use shallow land burial or
37-13    improved shallow land burial as a [the] disposal technique at the
37-14    licensed disposal or assured isolation site.
37-15          SECTION 61A.  Section 402.227, Health and Safety Code, is
37-16    amended to read as follows:
37-17          Sec. 402.227.  PUBLIC UTILITY STORAGE FACILITIES AND WASTE
37-18    DISPOSAL FEES. (a)  Each public utility that operates or constructs
37-19    a nuclear power reactor in this state shall provide storage
37-20    facilities at the reactor site sufficient to store the low-level
37-21    radioactive waste generated by five years of normal operations.
37-22          (b)  The commission shall quarterly transfer money in the
37-23    low-level radioactive waste fund generated by that portion of waste
37-24    disposal fees identifiable as adopted for the purposes of Section
37-25    402.273(a)(5) equally to each public utility that as of January 1,
37-26    2000 operated a nuclear reactor in this state.
37-27          SECTION 62. Section 402.228, Health and Safety Code, is
 38-1    amended to read as follows:
 38-2          Sec. 402.228.  DECOMMISSIONING AND CLOSING [DISPOSAL] SITE.
 38-3    (a)  On a finding by the state [board], after notice and hearing,
 38-4    that a disposal or assured isolation site should be closed, the
 38-5    authority and the contract operator, if any, shall decommission the
 38-6    [disposal] site in compliance with federal and state law, rules,
 38-7    and standards and with rules and plans of the authority.
 38-8          (b)  On completion of decommissioning activities and receipt
 38-9    of necessary approval from federal and state agencies, the state
38-10    [board] shall, if required by law, transfer to the commission or
38-11    the department, as appropriate, fee simple title to the disposal or
38-12    assured isolation site.
38-13          SECTION 63. Subchapter H, Chapter 402, Health and Safety
38-14    Code, is amended by adding Section 402.229 to read as follows:
38-15          Sec. 402.229.  STATE LIABILITY FOR PRIVATE SITE; CONTRACT
38-16    REQUIREMENTS. (a)  The acceptance or storage of low-level
38-17    radioactive waste at a site owned or operated by a private entity
38-18    does not create any liability under state law on the part of the
38-19    state or any agency or officer of the state for damages, removal,
38-20    or remedial action with respect to the land, the facility, or the
38-21    accepted or stored waste.
38-22          (b)  A provision requiring the private entity to insure, hold
38-23    harmless, or indemnify the state for any liability imposed on the
38-24    state by state or federal law must be included in:
38-25                (1)  any contract between the state or an agency or
38-26    officer of the state and a private entity authorizing the private
38-27    entity to operate a low-level radioactive waste site; and
 39-1                (2)  any license or permit issued by the state or by an
 39-2    agency or officer of the state to a private entity authorizing the
 39-3    private entity to operate a low-level radioactive waste site.
 39-4          SECTION 64. Section 402.252(a), Health and Safety Code, is
 39-5    amended to read as follows:
 39-6          (a)  The state [board] shall quarterly transfer money in the
 39-7    low-level radioactive waste fund generated by planning and
 39-8    implementation fee surcharges under Section 402.2721(f) [Sections
 39-9    402.2721(e) and (f)], and that portion of waste acceptance
39-10    [disposal] fees identifiable as adopted for the purposes of
39-11    Sections 402.273(a)(3) and (b) to the commissioners court of the
39-12    host county.
39-13          SECTION 65. Section 402.271, Health and Safety Code, is
39-14    amended to read as follows:
39-15          Sec. 402.271.  [AUTHORITY'S] EXPENSES. The state's
39-16    [authority's] expenses shall be paid from:
39-17                (1)  waste acceptance [disposal] fees;
39-18                (2)  planning and implementation fees;
39-19                (3)  proceeds from the sale of bonds under Subchapter
39-20    K;
39-21                (4)  contributions from members of a low-level
39-22    radioactive waste compact entered into under Section 402.219(c);
39-23                (5)  appropriations made by the legislature; and
39-24                (6)  other receipts, fees, and interest earned in funds
39-25    authorized by or collected under this subchapter and deposited in
39-26    the low-level radioactive waste fund.
39-27          SECTION 66. Section 402.272, Health and Safety Code, is
 40-1    amended to read as follows:
 40-2          Sec. 402.272.  WASTE ACCEPTANCE [DISPOSAL] FEES. (a)  The
 40-3    state [board] shall have collected a waste acceptance [disposal]
 40-4    fee to be paid by each person who delivers low-level radioactive
 40-5    waste to the [authority for] disposal or assured isolation site.
 40-6          (b)  The state [board] by rule shall adopt and periodically
 40-7    revise waste acceptance [disposal] fees according to a schedule
 40-8    that is based on the projected annual volume of low-level
 40-9    radioactive waste received, the relative hazard presented by each
40-10    type of low-level radioactive waste that is generated by the users
40-11    of radioactive materials, and the costs identified in Section
40-12    402.273.
40-13          (c)  In determining relative hazard, the state [board] shall
40-14    consider the radioactive, physical, and chemical properties of each
40-15    type of low-level radioactive waste.
40-16          SECTION 67. Sections 402.2721(b)-(d), (f)-(g), and (i),
40-17    Health and Safety Code, are amended to read as follows:
40-18          (b)  This fee shall be in an amount that is sufficient to
40-19    allow the authority to recover present and future costs of
40-20    administering, implementing, and planning the activities authorized
40-21    by this chapter before the operation of a disposal or assured
40-22    isolation site and to reimburse the general revenue fund for
40-23    expenses incurred and paid by the authority in selecting,
40-24    characterizing, and licensing a disposal or assured isolation site.
40-25          (c)  This fee does not apply to health care providers or
40-26    institutions of higher education until a state disposal or assured
40-27    isolation site [facility] is available to receive the generated
 41-1    wastes.
 41-2          (d)  Fees established under this section shall:
 41-3                (1)  take into account the projected annual volume and
 41-4    the relative hazard presented by each type of low-level radioactive
 41-5    waste generated;
 41-6                (2)  be collected by the state [department] as provided
 41-7    by Subchapter H, Chapter 401;
 41-8                (3)  be deposited in the state treasury to the credit
 41-9    of the low-level radioactive waste fund;
41-10                (4)  be paid [in four quarterly equal installments
41-11    beginning on January 1, 1992, and] annually [thereafter]; and
41-12                (5)  expire on the date the authority begins operation
41-13    of a disposal or assured isolation facility.
41-14          (f)  For each biennium, the state [board] shall assess a
41-15    surcharge of 10 percent of the fee established for the biennium.
41-16          (g)  Surcharges assessed under Subsection (f) shall be used
41-17    to fund local public projects under Subchapter I.
41-18          (i)  On termination of the imposition of fees under
41-19    Subsection (d)(5), the balance of the low-level radioactive waste
41-20    fund attributable to planning and implementation fees shall be
41-21    transferred to a separate account in the fund and credited pro rata
41-22    to generators who have paid planning and implementation fees.  A
41-23    generator who on the date the imposition of the fees is terminated
41-24    has paid all planning and implementation fees owed by the generator
41-25    under this section shall receive a credit equal to the amount of
41-26    the generator's pro rata share in the account established under
41-27    this section against waste acceptance [disposal] fees the generator
 42-1    is required to pay under Section 402.272 until the balance of the
 42-2    generator's pro rata share in the account is exhausted.  A
 42-3    generator who on the date the imposition of the fees is terminated
 42-4    owes planning and implementation fees under this section is not
 42-5    eligible for the credit.
 42-6          SECTION 68. Section 402.273, Health and Safety Code, is
 42-7    amended to read as follows:
 42-8          Sec. 402.273.  WASTE ACCEPTANCE [DISPOSAL] FEE CRITERIA. (a)
 42-9    Waste acceptance [disposal] fees adopted by the board must be
42-10    sufficient to:
42-11                (1)  allow the state [authority] to recover operating
42-12    and maintenance costs;
42-13                (2)  provide an amount necessary to meet future costs
42-14    of decommissioning, closing, and postclosure maintenance and
42-15    surveillance of the disposal or assured isolation site;
42-16                (3)  provide an amount to fund local public projects
42-17    under Subchapter I;
42-18                (4)  provide an amount sufficient to fund, in whole or
42-19    in part, a rangeland and wildlife management plan;
42-20                (5)  provide an amount sufficient to refund, in part,
42-21    monies previously expended under the planning and implementation
42-22    fees by public utilities that operate nuclear reactors in the
42-23    state;
42-24                (6) [(5)]  provide an amount necessary to pay licensing
42-25    fees and to provide security required by [the] commission or
42-26    department [under law and commission] rules, as appropriate; and
42-27                (7) [(6)]  provide an amount necessary to fund debt
 43-1    service and necessary fees and charges, including insurance
 43-2    premiums and similar costs, associated with the issuance and
 43-3    payment of bonds under Subchapter K.
 43-4          (b)  This subsection applies only if the state [authority]
 43-5    does not issue bonds under Subchapter K. The waste acceptance
 43-6    [disposal] fees must also include an amount sufficient to allow the
 43-7    state [authority] to recover expenses incurred before beginning
 43-8    operation of the disposal or assured isolation site amortized over
 43-9    a period of not more than 20 years beginning on the first day of
43-10    operation of the [disposal] site.  The fees must be sufficient to
43-11    recover the depository interest that the general revenue fund would
43-12    have earned had the fund not been used to pay expenses incurred
43-13    before the [disposal] site begins operation.  Depository interest
43-14    recovered under this subsection shall be deposited to the credit of
43-15    the general revenue fund.  Principal recovered under this
43-16    subsection shall be deposited to the credit of the general revenue
43-17    fund until the amount deposited has fully reimbursed the fund for
43-18    expenses paid from the fund before the [disposal] site begins
43-19    operation. The remainder of the principal shall be deposited as
43-20    provided by Section 402.272(a).
43-21          (c)  The amount required by Subsection (a)(3) may not be less
43-22    than 10 percent of the annual gross receipts from waste received at
43-23    the disposal or assured isolation site.
43-24          (d)  The amount required by Subsection (a)(5) may not be less
43-25    than 5 percent of the annual gross receipts from waste received at
43-26    the permanent management facility.
43-27          SECTION 69. SECTION 402.274, Health and Safety Code, is
 44-1    amended to read as follows:
 44-2          Sec. 402.274.  PROCESSING AND PACKAGING FEES. The state
 44-3    [board] by rule shall adopt and periodically revise processing and
 44-4    packaging fees according to a schedule that is based on the volume
 44-5    of improperly processed or packaged low-level radioactive waste
 44-6    delivered to the site for disposal or assured isolation and on the
 44-7    cost to the authority for properly processing and packaging the
 44-8    low-level radioactive waste in compliance with federal and state
 44-9    standards.
44-10          SECTION 70. Section 402.275, Health and Safety Code, is
44-11    amended by amending Subsections (c), (d), and (f), and adding
44-12    Subsections (h) and (i) to read as follows:
44-13          (c)  Money received by the state [authority], including waste
44-14    acceptance [disposal] fees, planning and implementation fees,
44-15    surcharges on planning and implementation fees, processing and
44-16    packaging fees, civil penalties, payments made by a party state to
44-17    a low-level radioactive waste compact entered into under Section
44-18    402.219(c), payments made by a party state under Section 5.01 of
44-19    the compact, and other receipts collected by the authority under
44-20    this chapter shall be deposited to the credit of the low-level
44-21    radioactive waste fund.
44-22          (d)  Except as provided by Subsection (f), money in the
44-23    low-level radioactive waste fund may be used to pay:
44-24                (1)  operating and maintenance costs of the authority;
44-25                (2)  future costs of decommissioning, closing, and
44-26    postclosure maintenance and surveillance of the disposal or assured
44-27    isolation site;
 45-1                (3)  licensing fees and to provide security required by
 45-2    the commission or department, as appropriate;
 45-3                (4)  money judgments rendered against the authority
 45-4    that are directed by a court of this state to be paid from this
 45-5    fund;
 45-6                (5)  expenses associated with implementation of the
 45-7    rangeland and wildlife management plan;
 45-8                (6)  funds for local public projects under Subchapter
 45-9    I;
45-10                (7)  debt service and necessary fees and charges,
45-11    including insurance premiums and similar costs, associated with the
45-12    issuance and payment of bonds under Subchapter K; and
45-13                (8)  expenses for any other purpose under this chapter.
45-14          (f)  The authority may transfer money from the low-level
45-15    radioactive waste fund to the radiation and perpetual care fund to
45-16    make payments required by the commission under Section 401.303.
45-17    Payments made by a party state under Section 5.01 of the compact
45-18    may be used only as provided by Subsection (h) or Section 402.277.
45-19          (h)  The comptroller on receipt of a payment made by a party
45-20    state under Section 5.01 of the compact shall transfer the payment
45-21    to the low-level radioactive waste perpetual care fund.
45-22          (i)  Notwithstanding the transfer required by Subsection (h),
45-23    the comptroller shall retain in the low-level radioactive waste
45-24    fund the first $25 million received from payments by party states
45-25    under Section 5.01 of the compact.  That money may be appropriated
45-26    only for the construction by the authority of a disposal or assured
45-27    isolation site.
 46-1          SECTION 71. Subchapter J, Chapter 402, Health and Safety
 46-2    Code, is amended by adding Section 402.277 to read as follows:
 46-3          Sec. 402.277.  LOW-LEVEL RADIOACTIVE WASTE PERPETUAL CARE
 46-4    FUND. (a)  The low-level radioactive waste perpetual care fund is a
 46-5    special account in the treasury outside the general revenue fund.
 46-6          (b)  The fund consists of:
 46-7                (1)  payments made by party states under Section 5.01
 46-8    of the compact and transferred to the fund as required by Section
 46-9    402.275(h); and
46-10                (2)  deposits to the fund from waste acceptance fees
46-11    imposed under Section 402.273 in amounts determined by the
46-12    authority to meet commission or department requirements, as
46-13    appropriate.
46-14          (c)  Interest earned on money in the fund shall be credited
46-15    to the fund.
46-16          (d)  Subject to Subsection (e), money in the fund may be
46-17    appropriated only for the long-term care and maintenance of a
46-18    state-owned facility for the disposal or assured isolation of
46-19    low-level radioactive waste, including use by the department or the
46-20    commission for decontamination, decommissioning, maintenance,
46-21    surveillance, control, storage, and disposal activities related to
46-22    the facility.
46-23          (e)  Interest on money in the fund may be used for normal
46-24    operating expenses of the authority as appropriated by the
46-25    legislature. The principal in the fund may not be used for normal
46-26    operating expenses of the authority, the commission, or the
46-27    department.
 47-1          SECTION 72. Sections 402.291(a) and (d), Health and Safety
 47-2    Code, are amended to read as follows:
 47-3          Sec. 402.291.  AUTHORITY TO ISSUE BONDS. (a)  The state
 47-4    [authority] may issue, sell, and provide for the retirement of
 47-5    bonds to:
 47-6                (1)  reimburse the general revenue fund for the
 47-7    expenses incurred and paid by the authority in selecting, seeking
 47-8    approval for, and constructing a disposal or assured isolation
 47-9    site;
47-10                (2)  pay the expenses of selecting, seeking approval
47-11    of, and constructing a disposal or assured isolation site that were
47-12    not paid from the general revenue fund; and
47-13                (3)  provide required reserve funds and capitalized
47-14    interest, and to pay issuing expenses and other expenses associated
47-15    with the issuance and sale of bonds.
47-16          (d)  The Texas Public Finance Authority, acting on behalf of
47-17    the Texas Low-Level Radioactive Waste Management [Disposal]
47-18    Authority, shall issue all bonds authorized under this subchapter.
47-19    In connection with the issuance of those bonds, the Texas Public
47-20    Finance Authority is subject to all rights, duties, and conditions
47-21    provided by this subchapter with respect to the issuance of bonds
47-22    by the Texas Low-Level Radioactive Waste Management [Disposal]
47-23    Authority.
47-24          SECTION 73. Section 403.001(a), Health and Safety Code, is
47-25    amended to read as follows:
47-26          (a)  The governor shall appoint six members to represent this
47-27    state on the commission established by Article III of the Texas
 48-1    Low-Level Radioactive Waste Disposal Compact.  One of the voting
 48-2    members of the compact commission shall be a legal resident of the
 48-3    host county [Hudspeth County, Texas].
 48-4          SECTION 74. Sections 402.059(d), 402.0921, 402.121, and
 48-5    402.129, Health and Safety Code, are repealed.
 48-6          SECTION 75. The General Land Office shall transfer to Sul
 48-7    Ross State University any land that was purchased before the
 48-8    effective date of this Act for a disposal site to be operated under
 48-9    Chapter 402, Health and Safety Code, and for which a person was
48-10    denied a license to dispose of waste under that chapter at a site
48-11    located on that land.  The university is liable to any taxing
48-12    entity for property taxes due on the land.
48-13          SECTION 76. This Act takes effect September 1, 2001.