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.