By: Duncan, Brown S.B. No. 1541
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the permanent management of low-level radioactive
1-3 waste.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The heading to Chapter 402, Health and Safety
1-6 Code, is amended to read as follows:
1-7 CHAPTER 402. PERMANENT MANAGEMENT OF
1-8 LOW-LEVEL RADIOACTIVE WASTE [DISPOSAL AUTHORITY]
1-9 SECTION 2. Section 402.001, Health and Safety Code, is
1-10 amended to read as follows:
1-11 Sec. 402.001. SHORT TITLE. This chapter may be cited as the
1-12 Permanent Management of [Texas] Low-Level Radioactive Waste
1-13 [Disposal Authority] Act.
1-14 SECTION 3. Subsections (a) and (c), Section 402.002, Health
1-15 and Safety Code, are amended to read as follows:
1-16 (a) Low-level radioactive waste is generated as a by-product
1-17 of medical, research, and industrial activities and through the
1-18 operation of nuclear power plants. Loss of capability to manage
1-19 and dispose of low-level radioactive waste would threaten the
1-20 health and welfare of the citizens of this state and would
1-21 ultimately lead to the loss of the benefits of those activities
1-22 that are dependent on reliable facilities for low-level radioactive
1-23 waste management and disposal.
1-24 (c) The purpose of this chapter is to provide the Texas
1-25 Natural Resource Conservation Commission with the powers to ensure
2-1 that the state has the [establish the Texas Low-Level Radioactive
2-2 Waste Disposal Authority with responsibility for assuring]
2-3 necessary [disposal] capability to permanently manage [for]
2-4 specific categories of low-level radioactive waste.
2-5 SECTION 4. Sections 402.003 and 402.004, Health and Safety
2-6 Code, are amended to read as follows:
2-7 Sec. 402.003. DEFINITIONS. In this chapter:
2-8 (1) "Assured isolation" means the management of
2-9 low-level radioactive waste to inhibit the release from the waste
2-10 of its radioactive constituents so that concentrations of materials
2-11 entering the accessible environment will remain within prescribed
2-12 parameters, in a manner that:
2-13 (A) employs an isolation, containment, and
2-14 shielding system that uses:
2-15 (i) characteristics and the form of the
2-16 waste;
2-17 (ii) active and ongoing maintenance;
2-18 (iii) active monitoring;
2-19 (iv) isolation facility operating
2-20 procedures;
2-21 (v) institutional controls;
2-22 (vi) natural site characteristics; and
2-23 (vii) engineered features of the facility;
2-24 (B) preserves the ability to retrieve the
2-25 managed waste for subsequent use, processing, or management; and
2-26 (C) can involve above-grade disposal with a final
3-1 protective earthen cover applied at the end of active operation.
3-2 ["Authority" means the Texas Low-Level Radioactive Waste Disposal
3-3 Authority.]
3-4 (2) "Compact" means the Texas Low-Level Radioactive
3-5 Waste Disposal Compact (Section 403.006). ["Board" means the board
3-6 of directors of the authority.]
3-7 (3) "Compact commission" means the Texas Low-Level
3-8 Radioactive Waste Disposal Compact Commission established by
3-9 Article III of the compact. ["Contract operator" means a political
3-10 subdivision or agency of the state or a private entity with which
3-11 the authority has entered into a contract under Section 402.212.]
3-12 (4) "Department" means the Texas Department of Health.
3-13 (5) "Disposal" means isolation or removal of low-level
3-14 radioactive waste from mankind and mankind's environment without
3-15 intent to retrieve that waste later. The term does not include
3-16 emissions and discharges under department rules. ["Disposal site"
3-17 means the property and facilities acquired, constructed, and owned
3-18 by the authority at which low-level radioactive waste can be
3-19 processed and disposed of permanently.]
3-20 (6) "Low-level radioactive waste" has the meaning
3-21 assigned by Section 401.004.
3-22 (7) ["Management" means establishing, adopting, and
3-23 entering into and assuring compliance with the general policies,
3-24 rules, and contracts that govern the operation of a disposal site.]
3-25 [(8)] "Operation" means the control, supervision, and
3-26 implementation of the actual physical activities involved in
4-1 permanent management [the receipt, processing, packaging, storage,
4-2 disposal, and monitoring of low-level radioactive waste] at a
4-3 permanent management facility [disposal site], the maintenance of a
4-4 permanent management facility [disposal site], and any other
4-5 responsibilities [designated by] the commission designates [board]
4-6 as part of the operation.
4-7 (8) "Permanent management" means:
4-8 (A) disposal or assured isolation with later
4-9 conversion of the assured isolation facility for on-site disposal
4-10 of the isolated waste; and
4-11 (B) related on-site activities, including
4-12 receipt, processing, packaging, storage, and monitoring of
4-13 low-level radioactive waste.
4-14 (9) "Permanent management facility" means a site and
4-15 on-site improvements designed for permanent management.
4-16 (10) "Person" includes a legal successor to or
4-17 representative, agent, or agency of any person.
4-18 (11) [(10)] "Radioactive material" means solid,
4-19 liquid, or gaseous material, whether occurring naturally or
4-20 produced artificially, that emits radiation spontaneously.
4-21 [(11) "Rangeland and wildlife management plan" means a
4-22 plan that applies rangeland and wildlife habitat management
4-23 techniques to land located in the vicinity of a disposal site so
4-24 that the natural productivity and economic value of the land are
4-25 enhanced.]
4-26 (12) "Bond" means any type of obligation issued by the
5-1 commission [authority] under this chapter, including a certificate
5-2 of 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 (13) "Host county" means the county in which the
5-6 permanent management facility [disposal site] is or will be
5-7 located.
5-8 (14) "Commission" means the Texas Natural Resource
5-9 Conservation Commission.
5-10 (15) "Executive director" means the executive director
5-11 of the commission.
5-12 (16) "Federal facility waste" means low-level
5-13 radioactive waste generated by an agency of the federal government.
5-14 Sec. 402.004. REFERENCES IN LAW TO TEXAS LOW-LEVEL
5-15 RADIOACTIVE WASTE DISPOSAL AUTHORITY [AGENCY ABOLISHED AND
5-16 FUNCTIONS TRANSFERRED]. A [The authority is abolished and any]
5-17 reference in [this chapter or another] law to the Texas Low-Level
5-18 Radioactive Waste Disposal Authority, [authority or] the board of
5-19 directors of the authority, or the general manager of the authority
5-20 means the Texas Natural Resource Conservation Commission.
5-21 SECTION 5. Subchapter B, Chapter 402, Health and Safety
5-22 Code, is amended to read as follows:
5-23 SUBCHAPTER B. LICENSING OF PERMANENT MANAGEMENT
5-24 FACILITY [ADMINISTRATIVE PROVISIONS]
5-25 Sec. 402.011. LICENSE REQUIRED. A person may not dispose of
5-26 or engage in assured isolation of low-level radioactive waste or
6-1 accept low-level radioactive waste for disposal or assured
6-2 isolation unless:
6-3 (1) the person holds a permanent management license
6-4 issued under this subchapter; and
6-5 (2) the disposal or assured isolation is conducted in
6-6 accordance with the:
6-7 (A) permanent management license issued under
6-8 this subchapter; and
6-9 (B) methods and procedures prescribed under
6-10 Section 402.060.
6-11 Sec. 402.012. LICENSING AUTHORITY. (a) The commission by
6-12 rule shall provide for receiving applications for and issuing a
6-13 single license for permanent management at a single permanent
6-14 management facility. The commission may issue the license only for
6-15 a permanent management facility that meets:
6-16 (1) requirements for licensing provided by this
6-17 chapter and by commission rules;
6-18 (2) requirements for disposal adopted by the
6-19 commission that are as stringent as necessary to meet federal
6-20 requirements for disposal; and
6-21 (3) the entire necessary capacity determined under
6-22 Section 402.061.
6-23 (b) Except as provided by Subsection (c), the commission by
6-24 rule shall provide that the permanent management license authorizes
6-25 only the permanent management of:
6-26 (1) low-level radioactive waste to be managed under
7-1 the compact in accordance with the volumes of low-level radioactive
7-2 waste established by the compact commission under Section 3.04(11)
7-3 of the compact; and
7-4 (2) non-compact low-level radioactive waste approved
7-5 for importation to this state by the compact commission under
7-6 Section 3.05 of the compact.
7-7 (c) The commission by rule shall provide for issuing under
7-8 the procedures provided by this chapter a single permanent
7-9 management license that, in addition to the permanent management
7-10 activities related to low-level radioactive waste described by
7-11 Subsection (b), would allow the permanent management license
7-12 holder, under the same license, to dispose of federal facility
7-13 waste at a separate facility adjacent to the facility for the
7-14 disposal of low-level radioactive waste described by Subsection
7-15 (b).
7-16 Sec. 402.013. REGIONAL DISPOSAL FACILITY. The permanent
7-17 management facility licensed under this chapter is the regional
7-18 disposal facility established and operated under the compact for
7-19 purposes of the federal Low-Level Radioactive Waste Policy Act, as
7-20 amended by the Low-Level Radioactive Waste Policy Amendments Act of
7-21 1985 (42 U.S.C. Sections 2021b-2021j).
7-22 Sec. 402.014. UNSUITABLE SITES. (a) To the extent
7-23 necessary to protect the public health and safety and the
7-24 environment, the commission by rule shall adopt criteria for the
7-25 designation of a site as unsuitable for assured isolation or
7-26 disposal under this chapter, including criteria regarding risks
8-1 presented by:
8-2 (1) active tectonic processes, including earthquakes
8-3 and other seismic activity;
8-4 (2) movements and uses of groundwater, surface water,
8-5 and storm water runoff;
8-6 (3) flooding and rainfall patterns;
8-7 (4) violent storms, including hurricanes, tornados,
8-8 and lightning;
8-9 (5) prevalent or seasonal winds or temperatures; and
8-10 (6) proximity of the site to population centers or by
8-11 the density of population near the site.
8-12 (b) The commission shall prohibit permanent management at a
8-13 site located:
8-14 (1) in a county in which the average rainfall is
8-15 greater than 26 inches;
8-16 (2) in a 100-year flood plain;
8-17 (3) less than 20 miles upstream of or up-drainage from
8-18 the maximum elevation of the surface of a reservoir project that:
8-19 (A) has been constructed or is under
8-20 construction by the United States Bureau of Reclamation or the
8-21 United States Army Corps of Engineers; or
8-22 (B) has been approved for construction by the
8-23 Texas Water Development Board as part of the state water plan under
8-24 Subchapter C, Chapter 16, Water Code;
8-25 (4) in a county any part of which is located within 62
8-26 miles of the international boundary between this state and Mexico;
9-1 or
9-2 (5) in a county that adjoins river segment 2309, 2310,
9-3 or 2311 as identified by the commission in the Texas Surface Water
9-4 Quality Standards, 30 T.A.C., Section 307.10(3) (2000).
9-5 Sec. 402.015. NOTICE OF APPLICATIONS AND HEARINGS. When the
9-6 commission is prepared to accept applications for the permanent
9-7 management license, the commission shall give to the secretary of
9-8 state for publication in the Texas Register a notice that provides
9-9 the date the commission will begin accepting applications for the
9-10 proposed permanent management facility. The notice must reference
9-11 the commission's rules regarding the application process and
9-12 requirements for licensing.
9-13 Sec. 402.016. APPLICATION PROCEDURES; NOTICE OF INTENT TO
9-14 APPLY. (a) The commission by rule shall adopt procedures for
9-15 handling applications under this subchapter.
9-16 (b) The procedures must include appropriate procedures to
9-17 assure fair and impartial communications between applicants or
9-18 prospective applicants and the commission or commission staff
9-19 during the period between the time the commission gives notice
9-20 under Section 402.015 and the time the executive director selects
9-21 the application with the highest comparative merit under Section
9-22 402.019(f).
9-23 (c) A prospective applicant shall file with the commission a
9-24 notice of intent to apply for a permanent management license under
9-25 this chapter, together with a nonrefundable fee of $100,000.00.
9-26 The notice of intent must identify the site for the proposed
10-1 permanent management facility and each county in which any part of
10-2 the facility is located. The commission shall apply a fee accepted
10-3 under this section toward the prospective applicant's permanent
10-4 management license application fee if the prospective applicant
10-5 subsequently files a license application. The commission shall
10-6 notify the commissioners court of each county in which any part of
10-7 the site for the proposed permanent management facility is located
10-8 of the receipt of the notice of intent under this section.
10-9 Sec. 402.017. APPLICATION REQUIREMENTS. (a) To apply for
10-10 the permanent management license, a person must:
10-11 (1) present to the commission an application on a form
10-12 the commission prescribes; and
10-13 (2) pay an application fee in an amount set by the
10-14 commission.
10-15 (b) A person may apply for the permanent management license
10-16 only if the person owns in fee simple or holds an option to
10-17 purchase in fee simple all interest in the land on which the
10-18 applicant proposes to locate the permanent management facility and
10-19 the improvements on the land. The applicant must attach to the
10-20 application documents establishing the ownership interest. This
10-21 subsection does not apply if the commission is considering
10-22 applications for a permanent management license to be issued for
10-23 permanent management on property previously conveyed to the state
10-24 under Section 402.029.
10-25 (c) An application for the permanent management license must
10-26 include:
11-1 (1) a certification by the commissioners court of each
11-2 county of this state in which any part of the proposed permanent
11-3 management facility is located that the county has been approved
11-4 for the location of the permanent management facility by a:
11-5 (A) resolution of the commissioners court that
11-6 has not been revoked by the results of a referendum of the county's
11-7 voters as provided by Section 402.038; or
11-8 (B) referendum of the county's voters as
11-9 provided by Section 402.038; and
11-10 (2) all plans, designs, specifications, schedules,
11-11 analyses, and other information the commission establishes by rule
11-12 under Sections 402.020-402.024 as necessary for the executive
11-13 director and the commission to evaluate the applicant's technical,
11-14 managerial, and financial qualifications or any other of the
11-15 applicant's qualifications the commission considers necessary to
11-16 protect the public health or safety or the environment.
11-17 Sec. 402.018. ADMINISTRATIVELY COMPLETE APPLICATIONS.
11-18 (a) The commission shall require applications to be submitted on
11-19 or before the 120th day after the date notice is published under
11-20 Section 402.015. The applications must address each of the
11-21 criteria established under Sections 402.020-402.024.
11-22 (b) On or before the 45th day after the date the application
11-23 is received, the executive director shall issue an administrative
11-24 notice of deficiency to each applicant whose application is timely
11-25 submitted but is determined by the executive director to be
11-26 administratively incomplete.
12-1 (c) The commission shall provide an applicant for whom an
12-2 administrative notice of deficiency is issued not more than three
12-3 opportunities to cure the noted deficiencies in the application on
12-4 or before the 90th day after the date the first notice of
12-5 deficiency is issued.
12-6 (d) The executive director shall reject any application
12-7 that, after the period for correcting deficiencies has expired, is
12-8 not administratively complete.
12-9 Sec. 402.019. TECHNICAL REVIEW OF APPLICATIONS; EXECUTIVE
12-10 DIRECTOR RECOMMENDATION. (a) The executive director shall have
12-11 prepared by commission personnel or an independent contractor a
12-12 written evaluation of each complete application in terms of the
12-13 criteria established under Sections 402.020-402.024.
12-14 (b) The executive director shall conduct at least one public
12-15 meeting in each county, as applicable, to receive public comments
12-16 on the administratively complete applications. The executive
12-17 director shall set the time and place of the meetings as soon as
12-18 practicable after the close of the period for administrative review
12-19 of the applications.
12-20 (c) After preliminary technical review is completed on all
12-21 applications, the executive director shall issue a technical notice
12-22 of deficiency to each applicant whose application is determined by
12-23 the executive director to be technically insufficient.
12-24 (d) The executive director shall provide an applicant for
12-25 whom a technical notice of deficiency is issued two opportunities
12-26 to cure the noted deficiencies in the application on or before the
13-1 60th day after the date the technical notice of deficiency is
13-2 issued.
13-3 (e) The executive director shall use the written evaluations
13-4 and application materials to evaluate each application according to
13-5 the criteria established under Sections 402.020-402.024. The
13-6 executive director shall evaluate each application for each
13-7 criterion for purposes of comparing the relative merit of the
13-8 applications, giving:
13-9 (1) equal weight to each criterion within a tier of
13-10 criteria;
13-11 (2) the greatest weight to tier 1 criteria, greater
13-12 weight to tier 2 criteria than to tier 3 criteria, and the least
13-13 weight to tier 4 criteria; and
13-14 (3) greater weight to an application for an assured
13-15 isolation facility than to an application for a disposal facility
13-16 if the results of the evaluations of the applications under this
13-17 section are substantially equivalent.
13-18 (f) The executive director, based on the written evaluations
13-19 and application materials, shall select the application which has
13-20 the highest comparative merit.
13-21 (g) If, in the opinion of the executive director, the
13-22 application with the greatest merit is still technically
13-23 insufficient, the executive director may issue additional technical
13-24 notices of deficiency if necessary to permit the executive director
13-25 to declare the application technically sufficient and issue a draft
13-26 license.
14-1 (h) The executive director shall complete the preparation of
14-2 the draft license no later than 15 months from the date the
14-3 technical review begins; or, if the executive director concludes
14-4 that a draft license cannot be prepared based on the application,
14-5 the application will be returned and the executive director may
14-6 process the next most meritorious application.
14-7 Sec. 402.020. TIER 1 CRITERIA. (a) The commission by rule
14-8 shall adopt tier 1 criteria to evaluate:
14-9 (1) the natural characteristics of the site for a
14-10 proposed permanent management facility;
14-11 (2) the adequacy of the proposed permanent management
14-12 facility to safely isolate, shield, and contain low-level
14-13 radioactive waste from mankind and mankind's environment; and
14-14 (3) the adequacy of financial assurance related to the
14-15 proposed permanent management facility.
14-16 (b) Criteria for evaluating natural characteristics of the
14-17 site for a proposed permanent management facility must include:
14-18 (1) the suitability of the site for assured isolation
14-19 or disposal, including the site's:
14-20 (A) geological characteristics;
14-21 (B) topography, including features relating to
14-22 erosion;
14-23 (C) surface and underground hydrology;
14-24 (D) meteorological factors; and
14-25 (E) natural hazards;
14-26 (2) the compatibility of permanent management at the
15-1 site with any uses of land near the site that could affect the
15-2 natural performance of the site or that could affect monitoring of
15-3 the site;
15-4 (3) the adequacy of prelicense monitoring data and
15-5 background monitoring plans for the site, including analysis of the
15-6 ambient conditions of the site and established trends of the site's
15-7 natural parameters, including:
15-8 (A) natural background radioactivity levels;
15-9 (B) radon gas levels;
15-10 (C) air particulate levels;
15-11 (D) soil characteristics, including the chemical
15-12 characteristics;
15-13 (E) surface water and groundwater
15-14 characteristics; and
15-15 (F) flora and fauna at the site;
15-16 (4) whether the site's natural characteristics
15-17 disqualify the site as unsuitable under criteria adopted under
15-18 Section 402.014;
15-19 (5) the possible effects of permanent management at
15-20 the site on flora and fauna at or near the site; and
15-21 (6) the ease of access to the site.
15-22 (c) The criteria to assess the adequacy of the proposed
15-23 permanent management facility must include:
15-24 (1) the capability of the proposed facility to
15-25 isolate, shield, and contain low-level radioactive waste in
15-26 conformity with federal standards;
16-1 (2) acceptable operational safety; and
16-2 (3) acceptable long-term safety as demonstrated by
16-3 analysis or study.
16-4 (d) The financial assurance criteria must include:
16-5 (1) the adequacy of the applicant's financial
16-6 qualifications to conduct permanent management as proposed,
16-7 including any required decontamination, decommissioning,
16-8 reclamation, or disposal and control and maintenance of the site
16-9 after the cessation of active operations;
16-10 (2) the adequacy of the applicant's financial
16-11 assurance in an amount and type acceptable to the commission and
16-12 adequate to cover potential injury to any property or person;
16-13 (3) the adequacy of the applicant's financial
16-14 security, as required by commission rules adopted under Section
16-15 402.032; and
16-16 (4) the degree of certainty that the applicant will be
16-17 able to maintain adequate financial security.
16-18 (e) In adopting financial assurance criteria, the commission
16-19 may consider the different times at which similar expenditures
16-20 would be necessary for an assured isolation facility as compared to
16-21 a disposal facility, the different expenditures necessary for those
16-22 types of facilities, and the different life-cycle costs for those
16-23 types of facilities.
16-24 Sec. 402.021. TIER 2 CRITERIA. The commission shall adopt
16-25 tier 2 criteria to evaluate:
16-26 (1) the suitability of facilities at the site that are
17-1 associated with permanent management and the adequacy of their
17-2 engineering and design;
17-3 (2) the suitability of the proposed permanent
17-4 management facility for the chemical, radiological, and biological
17-5 characteristics of the low-level radioactive waste as classified
17-6 under the system established under Section 401.053;
17-7 (3) whether the on-site improvements proposed for the
17-8 proposed permanent management facility meet the necessary capacity
17-9 determined under Section 402.061; and
17-10 (4) whether the proposed permanent management would
17-11 violate rules adopted under Section 402.060(b) or (c).
17-12 Sec. 402.022. TIER 3 CRITERIA. The commission shall adopt
17-13 tier 3 criteria to evaluate the applicant's:
17-14 (1) technical qualifications for management of
17-15 low-level radioactive waste;
17-16 (2) experience in management and disposal of low-level
17-17 radioactive waste and other radioactive materials;
17-18 (3) previous operating practices in this state and
17-19 elsewhere, including the practices of a parent, subsidiary, or
17-20 affiliated entity of the applicant, related to radioactive
17-21 materials;
17-22 (4) record of compliance with environmental statutes,
17-23 rules, and licenses in this state and in any other jurisdiction,
17-24 including the records of a parent, subsidiary, or affiliated entity
17-25 of the applicant;
17-26 (5) training programs proposed for its employees whose
18-1 duties relate to the proposed permanent management facility;
18-2 (6) monitoring, recordkeeping, and reporting plans;
18-3 (7) low-level radioactive waste spill detection and
18-4 cleanup plans for the proposed permanent management facility;
18-5 (8) decommissioning and post-closure plans for the
18-6 proposed permanent management facility;
18-7 (9) security plans for the proposed permanent
18-8 management facility;
18-9 (10) monitoring and protection plans for workers at
18-10 the proposed permanent management facility;
18-11 (11) emergency plans;
18-12 (12) plans for background monitoring of the proposed
18-13 permanent management facility during the license period, including
18-14 analysis of the ambient conditions of the site and analysis of
18-15 established trends of the site's natural parameters, including:
18-16 (A) natural background radioactivity levels;
18-17 (B) radon gas levels;
18-18 (C) air particulate levels;
18-19 (D) soil characteristics, including the chemical
18-20 characteristics;
18-21 (E) surface water and groundwater
18-22 characteristics; and
18-23 (F) flora and fauna at the site; and
18-24 (13) ability to adequately manage the proposed
18-25 permanent management facility for the term of the license.
18-26 Sec. 402.023. TIER 4 CRITERIA. The commission shall adopt
19-1 tier 4 criteria to evaluate:
19-2 (1) the compatibility of uses of land near the
19-3 proposed permanent management facility that could be affected by
19-4 the construction and operation of the facility; and
19-5 (2) possible socioeconomic effects of the proposed
19-6 permanent management facility, its operation, and related
19-7 transportation of low-level radioactive waste to the facility on
19-8 communities in the host county.
19-9 Sec. 402.024. ADDITIONAL CRITERIA. The commission by rule
19-10 may adopt other criteria it finds necessary to protect the public
19-11 health or safety or the environment. The commission shall specify
19-12 for each additional criterion the tier within which the criterion
19-13 will be weighed.
19-14 Sec. 402.025. PROPOSED RECOMMENDATION FOR LICENSING HEARING.
19-15 (a) Immediately on completing the technical review under Section
19-16 402.019, the executive director shall:
19-17 (1) issue a draft license for the application selected
19-18 and determined by the executive director to be technically
19-19 sufficient; and
19-20 (2) issue a proposed recommendation with written
19-21 assessment based upon the technical review and evaluation of the
19-22 applications under Section 402.019.
19-23 (b) Upon issuance of the draft license and proposed
19-24 recommendation with written assessment, the chief clerk of the
19-25 commission shall refer the application to the State Office of
19-26 Administrative Hearings for a contested case on the license
20-1 application.
20-2 (c) The executive director shall publish, at the applicant's
20-3 expense, notice of the draft license, proposed recommendation with
20-4 written assessment, and the time and place of the contested hearing
20-5 at the State Office of Administrative Hearings. The notice shall
20-6 include a statement that the draft license and proposed
20-7 recommendation with written assessment are available for review on
20-8 the commission's website, at the offices of the commission, and in
20-9 the county in which a site for the proposed permanent management
20-10 facility is located. Notice shall be published, no later than 30
20-11 days before the date of the contested hearing, in a newspaper of
20-12 general circulation in each county in which a site for the proposed
20-13 permanent management facility is located. Notice shall also be
20-14 published in the Texas Register no later than 30 days before the
20-15 date of the contested hearing. The applicant shall mail notice of
20-16 the contested hearing by certified mail to each person who owns
20-17 land adjacent to the site of the proposed permanent management
20-18 facility.
20-19 Sec. 402.026. CONTESTED CASE; FINAL ACTION ON APPLICATION.
20-20 (a) An administrative law judge of the State Office of
20-21 Administrative Hearings shall conduct a contested case hearing on
20-22 the application and draft license sent to the office under Section
20-23 402.025(b) on the issue of whether, according to the weighted
20-24 criteria established under Sections 402.020-402.024 and the
20-25 technical sufficiency of the application, the application and draft
20-26 license should be approved. At least part of the hearing must be
21-1 held in the county in which the proposed permanent management
21-2 facility will be located.
21-3 (b) The administrative law judge may not admit as a party to
21-4 the contested case hearing a person other than the applicant, the
21-5 executive director, or a person who demonstrates that:
21-6 (1) the person has a justiciable interest because the
21-7 person has suffered or will suffer actual injury or economic damage
21-8 if the proposed permanent management facility license is issued;
21-9 and
21-10 (2) if the person is not a local government, the
21-11 person is:
21-12 (A) a resident of the county, or a county
21-13 adjacent to the county, in which the permanent management facility
21-14 is proposed to be located; or
21-15 (B) doing business in, or has a legal interest
21-16 in land located in, a county described by Paragraph (A).
21-17 (c) The administrative law judge shall issue a proposal for
21-18 decision not later than the first anniversary of the date the case
21-19 was referred under Section 402.025(b).
21-20 (d) The commission shall take final action on the proposal
21-21 for decision of the administrative law judge on or before the 90th
21-22 day after the date of the proposal.
21-23 Sec. 402.027. MEDIATION. (a) The administrative law judge
21-24 may appoint one or more mediators to facilitate the settlement of
21-25 disputes among parties to the hearing under Section 402.026.
21-26 (b) The administrative law judge may provide for mediation
22-1 sessions to take place before or during the hearing.
22-2 Sec. 402.028. JUDICIAL REVIEW. (a) Notwithstanding any
22-3 other law, including Subchapter I, Chapter 5, Water Code, a person
22-4 affected by an action of or by inaction of the executive director
22-5 or the commission under this subchapter may file a petition for
22-6 judicial review of the action only after the commission takes final
22-7 action on a license application under Section 402.026(d). A
22-8 petition must be filed not later than the 30th day after the date
22-9 of the final action.
22-10 (b) In its review of an action under this subchapter, a
22-11 court may not substitute its judgment for the judgment of the
22-12 executive director or the commission on the weight of the evidence
22-13 the executive director or commission considered, but:
22-14 (1) may affirm the action in whole or in part; and
22-15 (2) shall reverse or remand the case for further
22-16 proceedings if substantial rights of the petitioner have been
22-17 prejudiced because the administrative findings, inferences,
22-18 conclusions, or decisions:
22-19 (A) are in violation of a constitutional or
22-20 statutory provision;
22-21 (B) are in excess of the agency's statutory
22-22 authority;
22-23 (C) are made through unlawful procedure;
22-24 (D) are affected by other error of law;
22-25 (E) are not reasonably supported by substantial
22-26 evidence considering the reliable and probative evidence in the
23-1 record as a whole; or
23-2 (F) are arbitrary or capricious or characterized
23-3 by abuse of discretion or clearly unwarranted exercise of
23-4 discretion.
23-5 Sec. 402.029. ISSUANCE OF LICENSE; CONVEYANCE OF FACILITY.
23-6 (a) The commission may issue the permanent management license to
23-7 an applicant only after the applicant has conveyed to the state in
23-8 fee at no cost to the state all right, title, and interest to the
23-9 land on which the proposed permanent management facility is to be
23-10 located together with all improvements on and requisite rights of
23-11 access to that property. If the permanent management license to be
23-12 issued would allow the disposal of federal facility waste at a
23-13 separate adjacent facility, the property required to be conveyed
23-14 under this section is limited to the property used for disposal of
23-15 waste described by Section 402.012(b). Title to the separate
23-16 adjacent facility for disposal of federal facility waste may be
23-17 transferred only as provided by federal law and by the contract
23-18 executed as required by Section 402.030(c).
23-19 (b) The transfer of property under this section does not
23-20 relieve the permanent management license holder of liability for an
23-21 act or omission before the transfer or while the property is in the
23-22 possession and control of the license holder.
23-23 (c) The title and all related rights and interest in
23-24 property conveyed under this section are the property of the
23-25 commission on the state's behalf. The commission may administer
23-26 the property in the name of the state.
24-1 Sec. 402.030. LICENSE CONDITIONS. (a) The permanent
24-2 management license must specify that the commission:
24-3 (1) has the right to monitor and inspect at any time
24-4 the permanent management facility, activities at the facility, and
24-5 all records related to activities at the facility; and
24-6 (2) may revoke or suspend the license if the permanent
24-7 management license holder fails to comply with:
24-8 (A) a condition of the license or of any other
24-9 authorization issued for the permanent management facility by the
24-10 commission, another state agency, or the federal government; or
24-11 (B) any state or federal law or rule related to
24-12 the operation of the permanent management facility.
24-13 (b) The holder of the permanent management license may not
24-14 take any action under the license until the holder has all federal
24-15 and state licenses or other authorizations necessary to take the
24-16 action.
24-17 (c) The permanent management license may not authorize the
24-18 license holder to accept federal facility waste at a separate
24-19 adjacent facility unless the license holder and the secretary of
24-20 energy have executed a binding contract, with terms accepted by the
24-21 executive director, under which the secretary of energy shall, as
24-22 provided by Section 151(b) of the federal Nuclear Waste Policy Act
24-23 of 1982 (42 U.S.C. Section 10171), as amended, assume title and
24-24 custody of the waste accepted and disposed of at the separate
24-25 adjacent facility and the land on which the waste is disposed of.
24-26 Sec. 402.031. TERM OF LICENSE. The permanent management
25-1 license expires on the 35th anniversary of the date of its
25-2 issuance.
25-3 Sec. 402.032. FINANCIAL SECURITY. (a) In this section
25-4 "security" has the meaning assigned by Section 401.109(c).
25-5 (b) The commission shall require the permanent management
25-6 license holder to provide financial security acceptable to the
25-7 commission to assure performance of the license holder's
25-8 obligations under this chapter and rules adopted under this
25-9 chapter.
25-10 (c) The amount and type of security required shall be
25-11 determined as provided by commission rules in accordance with
25-12 criteria specified by those rules, including:
25-13 (1) the need for and scope of decontamination,
25-14 decommissioning, reclamation, or disposal activity reasonably
25-15 required to protect the public health and safety and the
25-16 environment;
25-17 (2) reasonable estimates of the cost of
25-18 decontamination, decommissioning, reclamation, and disposal as
25-19 projected by the commission under Section 402.063;
25-20 (3) reasonable estimates of the costs of corrective
25-21 actions that may be ordered under Section 402.092; and
25-22 (4) the cost of perpetual maintenance and
25-23 surveillance, if any.
25-24 Sec. 402.033. REVIEW OF QUALIFICATIONS AND SECURITY. The
25-25 commission annually shall reevaluate the financial qualifications
25-26 of and security provided by the permanent management license holder
26-1 under this chapter. The commission may require the license holder
26-2 to adjust the amount of security provided in accordance with the
26-3 reevaluation. The reevaluation may coincide with license renewal
26-4 procedures in the year the license is scheduled to expire.
26-5 Sec. 402.034. LICENSE NOT TRANSFERABLE. The permanent
26-6 management license is not transferable.
26-7 Sec. 402.035. RENEWAL OF LICENSE. (a) The commission may
26-8 renew a permanent management license as provided by this section
26-9 for a period determined by the commission not to exceed 10 years.
26-10 (b) The commission by rule shall adopt reasonable procedures
26-11 for renewal of the permanent management license. The rules must
26-12 include:
26-13 (1) procedures for:
26-14 (A) notifying the license holder that the
26-15 license is scheduled for review for renewal; and
26-16 (B) reviewing and acting on an application for
26-17 renewal;
26-18 (2) general requirements for an application for
26-19 renewal; and
26-20 (3) a date by which the license holder must apply for
26-21 renewal, which must be not less than six and not more than 18
26-22 months before the date the license expires.
26-23 (c) The commission shall give public notice of and hold at
26-24 least one public meeting on the renewal application in the county
26-25 in which the permanent management facility is located. A meeting
26-26 under this subsection is not a contested case hearing under Chapter
27-1 2001, Government Code.
27-2 (d) The license holder shall post notice of the meeting
27-3 during the three weeks preceding the meeting at:
27-4 (1) the offices of the governing body of the county in
27-5 which the permanent management facility is located;
27-6 (2) the offices of the governing body of the
27-7 municipality located closest to the permanent management facility;
27-8 and
27-9 (3) at least one other prominent public place.
27-10 (e) At least once each week during the three weeks preceding
27-11 a public meeting held under this section, the license holder shall
27-12 publish notice of the meeting in the newspaper with the greatest
27-13 circulation that is published in the county in which the permanent
27-14 management facility is located. If no newspaper is published in
27-15 the county, the license holder shall publish the notices in a
27-16 newspaper of general circulation in the county.
27-17 Sec. 402.036. LICENSE AMENDMENTS. (a) The commission on
27-18 its own motion or on application by the permanent management
27-19 license holder may amend the permanent management license after a
27-20 public meeting. The commission shall give notice of the meeting by
27-21 publication in the Texas Register and in a newspaper of general
27-22 circulation in the county in which the permanent management
27-23 facility is located on or before the 30th day before the date of
27-24 the meeting.
27-25 (b) If the proposed amendment constitutes a major amendment
27-26 under commission rules, the commission shall provide for the
28-1 opportunity for a contested case proceeding.
28-2 (c) The commission by rule shall adopt standards and
28-3 procedures for amending the permanent management license.
28-4 (d) The commission shall ensure that any amendment of the
28-5 permanent management license does not contravene federal
28-6 requirements or state law.
28-7 (e) An amendment may take effect immediately upon final
28-8 commission action.
28-9 Sec. 402.037. LICENSES AND RULES TO COMPLY WITH FEDERAL
28-10 STANDARDS. The commission may adopt rules and amend a permanent
28-11 management license as necessary for compliance with federal
28-12 standards for facilities and sites for the disposal of low-level
28-13 radioactive waste, including federal facility waste, and for
28-14 assured isolation of low-level radioactive waste intended for
28-15 conversion to on-site disposal.
28-16 Sec. 402.038. APPROVAL BY REFERENDUM OR ELECTION. (a) Not
28-17 later than the 30th day after the date a commissioners court
28-18 receives notice from the commission under Section 402.016(c) that a
28-19 prospective applicant for a permanent management license has filed
28-20 a notice of intent under that section, the commissioners court
28-21 shall:
28-22 (1) adopt a resolution approving or denying approval
28-23 of the construction and operation of the permanent management
28-24 facility in the county; or
28-25 (2) order an election on the question of whether the
28-26 voters of the county approve of the construction and operation of
29-1 the permanent management facility in the county.
29-2 (b) The commissioners court shall call an election on the
29-3 question of whether the voters of the county approve of the
29-4 construction and operation of the permanent management facility in
29-5 the county if:
29-6 (1) the commissioners court adopts a resolution under
29-7 Subsection (a)(1); and
29-8 (2) before the 61st day after the date the
29-9 commissioners court receives the notice from the commission under
29-10 Section 402.016(c), the commissioners court receives a petition
29-11 requesting an election under this section be ordered signed by a
29-12 number of voters of the county who were registered on the date the
29-13 county received the notice that is equal to or greater than 20
29-14 percent of the number of registered voters in the county.
29-15 (c) The election must be held as provided by the Election
29-16 Code, except that Section 41.001(a), Election Code, does not apply
29-17 to the election. The election must be held not later than the 45th
29-18 day after the date on which the order to hold the election is
29-19 issued.
29-20 (d) The ballot for the election shall be printed to allow
29-21 voting for or against a proposition with the following
29-22 language: "Are you in favor of (name of county) being the host
29-23 county for a permanent management facility for low-level
29-24 radioactive waste? Yes ( ) / No ( )."
29-25 (e) The commissioners court shall certify whether a proposed
29-26 permanent management facility described by a ballot proposition is
30-1 approved by a majority of votes cast in the election not later than
30-2 the 10th day after the date of the election. [TEXAS LOW-LEVEL
30-3 RADIOACTIVE WASTE DISPOSAL AUTHORITY. (a) The Texas Low-Level
30-4 Radioactive Waste Disposal Authority is a state agency created
30-5 under Article XVI, Section 59(a), of the Texas Constitution.]
30-6 [(b) The authority has statewide jurisdiction.]
30-7 [Sec. 402.013. BOARD OF DIRECTORS. (a) A board of
30-8 directors composed of six members shall manage and control the
30-9 authority and administer and implement this chapter.]
30-10 [(b) The governor shall appoint the following members of the
30-11 board with the advice and consent of the senate:]
30-12 [(1) one doctor of medicine or doctor of osteopathic
30-13 medicine licensed to practice medicine in this state;]
30-14 [(2) one certified health physicist;]
30-15 [(3) one attorney licensed to practice law in this
30-16 state;]
30-17 [(4) one geologist; and]
30-18 [(5) two persons who represent the public.]
30-19 [(c) After a disposal site is selected under Section
30-20 402.090, the governor shall appoint to the board, at the earliest
30-21 opportunity, at least one representative of the public as a
30-22 representative of local interests. A representative of the public
30-23 appointed to represent local interests must be a resident of the
30-24 host county. The representative may not be an elected county
30-25 official or a county employee.]
30-26 [Sec. 402.014. SPECIAL LIMITATIONS ON PUBLIC MEMBERS. A
31-1 member of the board who represents the public or a person related
31-2 within the second degree by affinity or within the third degree by
31-3 consanguinity, as determined under Chapter 573, Government Code, to
31-4 that member may not be an employee of or otherwise have a financial
31-5 interest in any person who has a contract with or who uses the
31-6 services of a site in the United States for storing, processing, or
31-7 disposing of low-level radioactive waste.]
31-8 [Sec. 402.015. TERM OF OFFICE. Board members serve for
31-9 staggered six-year terms, with the terms of two members expiring
31-10 February 1 of each odd-numbered year.]
31-11 [Sec. 402.016. VACANCY. A vacancy on the board shall be
31-12 filled for the unexpired term in the manner provided by Section
31-13 402.013(b) for selection of board members.]
31-14 [Sec. 402.017. ORGANIZATION OF BOARD. Every two years after
31-15 board members are regularly appointed and have qualified for office
31-16 by taking the oath, the board shall meet at the authority's central
31-17 office, organize by selecting officers, and begin to discharge its
31-18 duties.]
31-19 [Sec. 402.018. OFFICERS. (a) At the first meeting after
31-20 new members are regularly appointed to the board, the members of
31-21 the board shall select from their members a chairman,
31-22 vice-chairman, and secretary who serve for two-year terms.]
31-23 [(b) The chairman shall preside at meetings of the board,
31-24 and in the chairman's absence, the vice-chairman shall preside.]
31-25 [(c) The chairman, vice-chairman, and secretary shall
31-26 perform the duties and may exercise the powers specifically given
32-1 to them by this chapter or by orders of the board.]
32-2 [Sec. 402.019. COMPENSATION. A board member is entitled to
32-3 compensation as provided by the authority's budget.]
32-4 [Sec. 402.020. AUTHORITY OFFICES. The board shall maintain:]
32-5 [(1) a central office in the city of Austin for
32-6 conducting the authority's business; and]
32-7 [(2) an authority office at each disposal site under
32-8 construction or operated under this chapter.]
32-9 [Sec. 402.021. BOARD MEETINGS. (a) The board shall hold
32-10 regular quarterly meetings on dates established by board rule and
32-11 shall hold special meetings at the call of the chairman or on the
32-12 written request of one board member to the chairman.]
32-13 [(b) In accordance with Chapter 551, Government Code, the
32-14 board shall hold an annual meeting in the host county with
32-15 officials and representatives of political subdivisions of the host
32-16 county to discuss concerns relating to that disposal site.]
32-17 [Sec. 402.022. OFFICIAL ACTS. To be valid, an official act
32-18 must receive the affirmative vote of a majority of the board
32-19 members.]
32-20 [Sec. 402.023. MINUTES AND RECORDS. (a) The board shall
32-21 keep a complete written account of its meetings and other
32-22 proceedings and shall preserve its minutes, contracts, plans,
32-23 notices, accounts, receipts, and records of all kinds in a secure
32-24 manner.]
32-25 [(b) Minutes, contracts, plans, notices, accounts, receipts,
32-26 and other records are the property of the authority and are subject
33-1 to public inspection.]
33-2 [Sec. 402.024. GENERAL MANAGER. (a) The board shall employ
33-3 a general manager to be the chief administrative officer of the
33-4 authority. The board may delegate to the general manager the
33-5 authority to manage and operate the affairs of the authority
33-6 subject only to orders of the board.]
33-7 [(b) The general manager shall execute a bond in an amount
33-8 determined by the board, payable to the authority, and conditioned
33-9 on the faithful performance of the general manager's duties. The
33-10 authority shall pay for the bond.]
33-11 [(c) The general manager is entitled to compensation as
33-12 provided by the authority's budget.]
33-13 [Sec. 402.025. AUTHORITY EMPLOYEES. (a) The general
33-14 manager may employ persons necessary for the proper handling of the
33-15 business and operation of the authority.]
33-16 [(b) The board shall determine the terms of employment.]
33-17 [Sec. 402.026. SEAL. The board shall adopt a seal for the
33-18 authority.]
33-19 [Sec. 402.027. CONTRACTS. The chairman shall execute and
33-20 the secretary shall attest to any contracts under this chapter in
33-21 the name of the authority.]
33-22 [Sec. 402.028. CONTRACTS OVER $15,000. (a) If the
33-23 estimated amount of a proposed contract for the purchase of
33-24 materials, machinery, equipment, or supplies is more than $15,000,
33-25 the board shall ask for competitive bids as provided by Subchapter
33-26 B, Chapter 271, Local Government Code.]
34-1 [(b) This section does not apply to purchases of property
34-2 from public agencies or to contracts for personal or professional
34-3 services.]
34-4 [Sec. 402.029. SUITS. (a) The authority, through the
34-5 board, may sue and be sued in the name of the authority in any
34-6 court of this state, except as to matters pertaining to the site
34-7 selection and licensing of a disposal facility within the
34-8 geographical area of Hudspeth County, Texas, described in Section
34-9 402.0921, which suits may only be brought in the courts of Travis
34-10 County, Texas.]
34-11 [(b) In a suit against the authority, citation may be served
34-12 on the general manager.]
34-13 [(c) Any judgment, injunction, declaration, or writ issued
34-14 against the authority by a Texas court other than the supreme court
34-15 of Texas that is related to the site selection or licensing of a
34-16 disposal facility within the geographical area of Hudspeth County,
34-17 Texas, described in Section 402.0921 shall be automatically
34-18 suspended upon the filing by the authority of a notice of appeal or
34-19 other submission to a higher court challenging the judgment,
34-20 injunction, declaration, or writ. No Texas court other than the
34-21 Texas supreme court shall have any power to decline or otherwise
34-22 affect the automatic suspension pending appeal in such case related
34-23 to Hudspeth County, Texas.]
34-24 [Sec. 402.030. PAYMENT OF JUDGMENT. A court of this state
34-25 that renders a money judgment against the authority may require the
34-26 board to pay the judgment from fees collected under this chapter.]
35-1 [Sec. 402.031. CITIZENS ADVISORY COMMITTEE. (a) The board
35-2 shall create a citizens advisory committee to perform oversight
35-3 functions over a disposal site.]
35-4 [(b) The committee shall begin to perform its functions not
35-5 earlier than the 30th day after the date on which construction of
35-6 the disposal site begins.]
35-7 [(c) Members of the committee shall be appointed for
35-8 three-year terms by the board after consultation with officials of
35-9 political subdivisions in the host county.]
35-10 [(d) The committee shall:]
35-11 [(1) conduct independent monitoring of disposal site
35-12 activities as authorized by guidelines adopted by the board;]
35-13 [(2) make recommendations to the board concerning
35-14 operations at the disposal site; and]
35-15 [(3) execute any other review and monitoring functions
35-16 as recommended by the committee and approved by the board.]
35-17 [(e) Reasonable notice as required by the board must be
35-18 given to the manager of a disposal site before a committee member
35-19 enters a disposal site to exercise any function authorized by this
35-20 section. The board shall provide for quarterly unannounced
35-21 inspections of disposal site activities.]
35-22 [Sec. 402.032. AUTHORITY PURCHASE. A purchase by the
35-23 authority of supplies, materials, services, or equipment necessary
35-24 to prepare, construct, or operate a disposal site is exempt from
35-25 the purchasing requirements of Subtitle D, Title 10, Government
35-26 Code.]
36-1 SECTION 6. The heading to Subchapter C, Chapter 402, Health
36-2 and Safety Code, is amended to read as follows:
36-3 SUBCHAPTER C. ADMINISTRATIVE CONTROL [POWERS AND DUTIES]
36-4 SECTION 7. Sections 402.051, 402.053, 402.054, 402.057,
36-5 402.058, and 402.059, Health and Safety Code, are amended to read
36-6 as follows:
36-7 Sec. 402.051. JURISDICTION OVER PERMANENT MANAGEMENT
36-8 FACILITY [DISPOSAL SITE]. (a) The commission [authority] has
36-9 exclusive statewide jurisdiction over permanent management facility
36-10 site selection, preparation, construction, operation, maintenance,
36-11 decommissioning, closing, post-closure institutional control, and
36-12 financing [of disposal sites].
36-13 (b) The commission may take any action regarding low-level
36-14 radioactive waste that is necessary to protect the public health
36-15 and safety and the environment, including monitoring or maintenance
36-16 of permanent management activities and measures to prevent or
36-17 alleviate an emergency involving low-level radioactive waste.
36-18 Sec. 402.053. GENERAL POWERS. To carry out this chapter,
36-19 the commission [authority] may:
36-20 (1) apply for, receive, accept, and administer gifts,
36-21 grants, and other funds available from any source;
36-22 (2) contract with the federal government, the state,
36-23 interstate agencies, local governmental entities, and private
36-24 entities to carry out this chapter and rules, standards, and orders
36-25 adopted under this chapter;
36-26 (3) conduct, request, and participate in studies,
37-1 investigations, and research relating to selection, preparation,
37-2 construction, operation, maintenance, decommissioning, closing, and
37-3 financing of a permanent management facility and permanent
37-4 management [disposal sites and disposal of low-level radioactive
37-5 waste]; and
37-6 (4) advise, consult, and cooperate with the federal
37-7 government, the state, interstate agencies, local governmental
37-8 entities in this state, and private entities.
37-9 Sec. 402.054. RULES, STANDARDS, AND ORDERS. The commission
37-10 [board] may adopt rules, standards, and orders necessary to
37-11 properly carry out this chapter and to protect the public health
37-12 and safety and the environment from the [authority's] activities
37-13 required for permanent management.
37-14 Sec. 402.057. REPORTS TO LEGISLATURE. Not later than the
37-15 60th day before the date each regular legislative session convenes,
37-16 the commission [authority] shall submit to the appropriate
37-17 legislative committees a biennial report that serves as a basis for
37-18 periodic oversight hearings on the commission's [authority's]
37-19 operations under this chapter and on the status of interstate
37-20 compacts and agreements. The report shall also discuss the status
37-21 of funds held, expended, or disbursed by the host county under
37-22 Section 402.252.
37-23 Sec. 402.058. HEALTH SURVEILLANCE SURVEY. The department
37-24 [board], in cooperation with the commission[, the Texas Department
37-25 of Health,] and local public health officials, shall develop a
37-26 health surveillance survey for the population located in the
38-1 vicinity of a permanent management facility [disposal site].
38-2 Sec. 402.059. POWER TO ENTER PROPERTY. (a) The commission
38-3 and [authority,] its employees, contractors, and agents may enter
38-4 public or private property to assess the suitability of land for a
38-5 permanent management facility to be licensed under this chapter
38-6 [disposal site in Hudspeth County, Texas].
38-7 (b) Prior to entering the property, the commission
38-8 [authority] shall:
38-9 (1) give written notice to the landowner of the
38-10 purpose, extent, types of assessment activities to be conducted,
38-11 and probable duration of the entry; and
38-12 (2) [, and shall] cooperate with the landowner to
38-13 minimize, insofar as possible, any inconvenience to the landowner.
38-14 (c) The commission is [authority shall be] liable to the
38-15 landowner for reasonable damages to the land that may result from
38-16 the commission's activities under this section [authority's
38-17 activities.]
38-18 [(d) This section applies to property located in whole or in
38-19 part in the geographical area of Hudspeth County, Texas, specified
38-20 in Section 402.0921 of this chapter].
38-21 SECTION 8. Subchapter C, Chapter 402, Health and Safety
38-22 Code, is amended by adding Sections 402.060 through 402.063 to read
38-23 as follows:
38-24 Sec. 402.060. METHODS AND PROCEDURES FOR PERMANENT
38-25 MANAGEMENT OF LOW-LEVEL RADIOACTIVE WASTE AND DISPOSAL OF FEDERAL
38-26 FACILITY WASTE. (a) The commission by rule shall prescribe
39-1 acceptable permanent management methods and procedures. The rules
39-2 shall be designed to protect the public health and the environment
39-3 from hazards presented by the radioactive and nonradioactive
39-4 characteristics of low-level radioactive waste during and after its
39-5 disposal or assured isolation and in case of failure to contain the
39-6 low-level radioactive waste during or after its disposal or assured
39-7 isolation.
39-8 (b) The commission by rule shall prohibit disposal of
39-9 low-level radioactive waste as the low-level radioactive waste is
39-10 received at the permanent management facility by burial in an
39-11 unlined land disposal unit with no technical enhancements designed
39-12 to contain low-level radioactive waste.
39-13 (c) The commission by rule shall prohibit disposal in a
39-14 landfill below the natural level of the permanent management
39-15 facility site unless:
39-16 (1) regulatory programs of this state or the federal
39-17 government for low-level radioactive waste preclude or recommend
39-18 against aboveground disposal or the commission by rule has
39-19 determined that belowground disposal provides greater protection
39-20 than aboveground disposal for public health and the environment for
39-21 the period for which the low-level radioactive waste will continue
39-22 to pose a hazard to public health and the environment;
39-23 (2) the disposal facility is designed and operated in
39-24 a manner consistent with criteria of the United States Nuclear
39-25 Regulatory Commission for the disposal of low-level radioactive
39-26 waste; and
40-1 (3) the low-level radioactive waste is contained in
40-2 such a manner that it can be monitored and retrieved.
40-3 (d) The commission by rule shall prohibit disposal of liquid
40-4 low-level radioactive waste unless the waste is solidified or
40-5 packaged in sufficient absorbent material to absorb twice the
40-6 volume of the liquid.
40-7 (e) The commission by rule shall prohibit disposal of
40-8 low-level radioactive waste containing free standing liquid in
40-9 excess of one percent of the volume.
40-10 Sec. 402.0605. FEDERAL FACILITY WASTE DISPOSAL. (a) The
40-11 commission by rule shall provide that a permanent management
40-12 facility, the permit for which allows the disposal of federal
40-13 facility waste, may accept federal facility waste for disposal only
40-14 at a separate and distinct facility adjacent to the facility at
40-15 which permanent management of waste described by Section 402.012(b)
40-16 is conducted. The adjacent facilities must be separated by a
40-17 distance of not less than 440 yards and not more than a distance
40-18 determined by the commission.
40-19 (b) The commission by rule and by permit conditions shall
40-20 restrict the amount and type of federal facility waste the
40-21 permanent management license holder may accept at the separate
40-22 adjacent facility and the rate at which the federal facility waste
40-23 may be accepted at the permanent management facility. The
40-24 restrictions must be based on the risk posed by the federal
40-25 facility waste to human health and the environment and on the
40-26 financial security and operational capacity of the facility. The
41-1 commission shall design the restrictions to ensure that the risk
41-2 posed to human health and the environment by the federal facility
41-3 waste to be accepted at the permanent management facility does not
41-4 exceed the risk posed by the waste described by Section 402.012(b)
41-5 to be accepted at the permanent management facility.
41-6 (c) The commission may provide separate rules for the
41-7 management and disposal of federal facility waste at the separate
41-8 adjacent facility under the license and for permanent management at
41-9 the permanent management facility of waste described by Section
41-10 402.012(b) as necessary or useful to ensure that the acceptance,
41-11 management, and disposal of federal facility waste at the permanent
41-12 management facility does not pose a greater risk to human health
41-13 and the environment than the acceptance and permanent management of
41-14 the waste described by Section 402.012(b) at the permanent
41-15 management facility.
41-16 (d) The rules must provide that the permanent management
41-17 facility may not commingle waste described by Section 402.012(b)
41-18 with federal facility waste.
41-19 Sec. 402.061. DETERMINATION OF NECESSARY PERMANENT
41-20 MANAGEMENT CAPACITY. (a) In conjunction with the compact
41-21 commission, the commission by rule shall determine the capacity for
41-22 permanent management necessary to meet:
41-23 (1) the terms of the compact; and
41-24 (2) the needs presented by low-level radioactive waste
41-25 generated in this state.
41-26 (b) In making the determination, the commission shall
42-1 consider the volume of low-level radioactive waste generated by
42-2 type and source categories for the expected life of the licensed
42-3 permanent management facility, including low-level radioactive
42-4 waste generated from decommissioning nuclear power plants.
42-5 Sec. 402.062. CRITERIA FOR QUALIFIED PERMANENT MANAGEMENT
42-6 FACILITY. (a) The commission by rule shall establish standards
42-7 and criteria that the site and on-site improvements of the
42-8 permanent management facility must meet to qualify for disposal or
42-9 assured isolation and the processing, packaging, and storage to be
42-10 authorized by the permanent management license. The criteria and
42-11 standards must be at least as stringent as the federal requirements
42-12 for disposal. The commission by rule may impose specific design
42-13 criteria or performance-based design criteria for the facility's
42-14 improvements.
42-15 (b) The standards and criteria must address factors
42-16 affecting the permanent management facility's adequacy to safely
42-17 contain disposed, isolated, or managed low-level radioactive waste,
42-18 including the:
42-19 (1) geology;
42-20 (2) topography;
42-21 (3) surface and underground hydrology;
42-22 (4) proximity to population centers and population
42-23 density;
42-24 (5) flora and fauna present at and in the vicinity of
42-25 the site; and
42-26 (6) uses of land in the vicinity of the site.
43-1 (c) The commission shall set standards for, and shall
43-2 require the permanent management facility to provide, safeguards
43-3 against hazards from local conditions, including risks from:
43-4 (1) active tectonic processes, including earthquakes
43-5 and other seismic activity;
43-6 (2) movements and uses of groundwater, surface water,
43-7 and storm water runoff;
43-8 (3) flooding and rainfall patterns;
43-9 (4) violent storms, including hurricanes, tornados,
43-10 and lightning; and
43-11 (5) prevalent or seasonal winds or temperatures.
43-12 Sec. 402.063. PAYMENT FOR MAINTENANCE, SURVEILLANCE, OR
43-13 OTHER CARE. (a) The commission may require the holder of the
43-14 permanent management license to pay to the commission annually an
43-15 amount as determined by the commission if continuing or perpetual
43-16 maintenance, surveillance, or other care is required for the
43-17 permanent management facility after activities under the license
43-18 have terminated. The commission shall have payments received under
43-19 this section deposited to the credit of the permanent management
43-20 facility decommissioning account.
43-21 (b) The commission annually shall review the permanent
43-22 management license holder's payments under this section to
43-23 determine if the payment schedule is adequate for the maintenance
43-24 and surveillance that the permanent management facility requires or
43-25 may require in the future.
43-26 (c) The commission may review estimates of costs that are
44-1 required to be incurred under this chapter in accordance with the
44-2 need, nature, and cost of decontamination, stabilization,
44-3 decommissioning, reclamation, and disposal activity and the
44-4 maintenance and surveillance required for public health and safety
44-5 and the environment.
44-6 (d) The commission shall set the charges for maintenance and
44-7 perpetual care at amounts consistent with existing technology.
44-8 (e) The commission may not impose charges that exceed the
44-9 amount that the commission projects to be required for maintenance,
44-10 surveillance, and other necessary care required after the licensed
44-11 activity is terminated.
44-12 (f) An increase in costs may not be applied retroactively
44-13 but may apply to increases in subsequent annual payments.
44-14 SECTION 9. Subchapter D, Chapter 402, Health and Safety
44-15 Code, is amended to read as follows:
44-16 SUBCHAPTER D. OPERATION OF PERMANENT MANAGEMENT
44-17 FACILITY [DISPOSAL SITE SELECTION AND ACQUISITION]
44-18 Sec. 402.081. CONVEYANCE OF WASTE. (a) The permanent
44-19 management license holder shall convey to the state at no cost to
44-20 the state title to the low-level radioactive waste delivered to the
44-21 permanent management facility for disposal or assured isolation at
44-22 the time the waste is accepted at the facility for permanent
44-23 management. This section does not apply to federal facility waste
44-24 accepted at the permanent management facility under rules and
44-25 permit provisions allowing for federal facility waste to be
44-26 disposed of at the permanent management facility.
45-1 (b) The transfer of low-level radioactive waste under this
45-2 section does not relieve the permanent management license holder of
45-3 liability for an act or omission before the transfer or while the
45-4 waste is in the possession and control of the license holder.
45-5 (c) The title and all related rights and interest in waste
45-6 conveyed under this section are the property of the commission on
45-7 the state's behalf. The commission may administer the waste as
45-8 property in the name of the state.
45-9 Sec. 402.082. EXCLUSIVE USE OF SITE. The site on which the
45-10 permanent management facility is located may be used only for
45-11 permanent management under this chapter until the commission
45-12 determines that another use would not endanger the health, safety,
45-13 or welfare of the public or the environment.
45-14 Sec. 402.083. CONSTRUCTION AT PERMANENT MANAGEMENT FACILITY.
45-15 (a) The permanent management license holder is responsible for
45-16 constructing facilities and improvements at the permanent
45-17 management facility and may engage a contractor for the
45-18 construction in accordance with commission rules.
45-19 (b) The commission shall review plans for any construction
45-20 of a facility or improvement to be undertaken at the permanent
45-21 management facility to ensure that the site and on-site
45-22 improvements will meet the criteria adopted under Section 402.062.
45-23 The commission may order the permanent management license holder to
45-24 revise its construction plans in accordance with those criteria.
45-25 (c) The commission shall monitor any construction at the
45-26 permanent management facility and by order may halt construction if
46-1 the construction fails to comply with federal or state standards or
46-2 rules or with the construction plans. The commission may have the
46-3 construction work inspected by an engineer, an inspector, or other
46-4 specialized personnel.
46-5 (d) The commission by rule shall prohibit major construction
46-6 relating to activities under the permanent management license until
46-7 the proceedings required under Section 402.026, 402.035, or
46-8 402.036, as applicable, are completed and the license or amendment
46-9 is issued.
46-10 Sec. 402.084. COMMISSION AUTHORITY OVER FACILITY OPERATION.
46-11 (a) The commission shall ensure that the operation of the
46-12 permanent management facility complies with state and federal law
46-13 and the rules and standards of the commission and federal and other
46-14 state agencies that have jurisdiction over the management of
46-15 low-level radioactive waste.
46-16 (b) The commission by rule or by conditions stated in the
46-17 permanent management license may regulate any aspect of the
46-18 operation of the permanent management facility in order to protect
46-19 the public health or safety or the environment.
46-20 (c) The commission may take or may order the permanent
46-21 management license holder to take any action necessary to:
46-22 (1) protect the public health or safety or the
46-23 environment; or
46-24 (2) ensure the operation of the permanent management
46-25 facility complies with state and federal laws, rules, or standards.
46-26 (d) The commission, in an emergency related to the operation
47-1 of the permanent management facility, may impound or order
47-2 impounded low-level radioactive waste or other material delivered
47-3 or intended for delivery to the facility.
47-4 Sec. 402.085. RESIDENT INSPECTOR. (a) The commission shall
47-5 employ one or more resident inspectors to continuously monitor
47-6 conditions of and operations at the permanent management facility.
47-7 (b) The permanent management license holder shall:
47-8 (1) provide facilities at the permanent management
47-9 facility for each resident inspector; and
47-10 (2) cooperate fully with the activities of each
47-11 resident inspector.
47-12 (c) A resident inspector may report any matter to the
47-13 commission for investigation or enforcement.
47-14 Sec. 402.086. OUT-OF-STATE WASTE AND MIXED WASTE. (a) In
47-15 this section, "mixed waste" means waste that contains both
47-16 hazardous waste, as defined by Section 361.003, and low-level
47-17 radioactive waste, source material, special nuclear material, or
47-18 by-product material subject to the federal Atomic Energy Act of
47-19 1954 (42 U.S.C. Section 2011 et seq.), as amended.
47-20 (b) Except as provided by Subsection (c) or (d), the
47-21 permanent management license holder may not accept for permanent
47-22 management:
47-23 (1) low-level radioactive waste generated in another
47-24 state; or
47-25 (2) mixed waste.
47-26 (c) The permanent management license holder may accept
48-1 low-level radioactive waste generated in another state if the
48-2 low-level radioactive waste is accepted under the compact.
48-3 (d) If the permanent management license allows the disposal
48-4 of federal facility waste, the permanent management license holder
48-5 may accept for disposal at the separate adjacent facility for
48-6 federal facility waste:
48-7 (1) federal facility waste that is generated in
48-8 another state; or
48-9 (2) mixed waste generated by an agency of the federal
48-10 government consisting of hazardous waste and low-level radioactive
48-11 waste.
48-12 (e) The permanent management license holder, in handling and
48-13 disposing of mixed waste described by Subsection (d)(2), shall
48-14 comply with the federal Solid Waste Disposal Act (42 U.S.C. Section
48-15 6901 et seq.), as amended, Chapter 361, and this chapter.
48-16 Sec. 402.087. EMERGENCY RESPONSE PLANNING. (a) The
48-17 permanent management license holder shall develop and implement an
48-18 emergency response plan in accordance with rules of the commission
48-19 and the department to protect the public health and safety and the
48-20 environment from potential threats the permanent management
48-21 facility may present.
48-22 (b) The permanent management license holder shall cooperate
48-23 with and seek the cooperation of federal agencies responsible for
48-24 regulating low-level radioactive waste disposal or management sites
48-25 and of federal, state, and local agencies engaged in disaster
48-26 relief activities.
49-1 (c) The permanent management license holder shall ensure
49-2 that facilities and equipment necessary to respond to an emergency
49-3 at the permanent management facility are available and in operation
49-4 before the operations at the facility begin.
49-5 (d) The commission may require the permanent management
49-6 license holder to construct facilities and procure equipment
49-7 required to provide fire, police, and emergency medical services
49-8 needed to support the permanent management facility. The
49-9 commission rules must provide standards for determining whether,
49-10 depending on needed facilities, the proximity of the community
49-11 nearest the facility, and other appropriate factors, the fire,
49-12 police, and emergency medical facilities and equipment must be
49-13 located at or proximate to the facility or in the nearest
49-14 community.
49-15 Sec. 402.088. GROUNDWATER PROTECTION. (a) The commission
49-16 by rule shall adopt and enforce groundwater protection standards
49-17 applicable to the permanent management facility that are compatible
49-18 with federal standards adopted under the Atomic Energy Act of 1954
49-19 (42 U.S.C. Section 2011 et seq.).
49-20 (b) In adopting rules related to standards regarding
49-21 nonradioactive constituents, the commission shall consider the
49-22 compatibility of those standards with the commission's groundwater
49-23 protection standards adopted under other programs.
49-24 Sec. 402.089. OPERATIONS AFTER LICENSE EXPIRATION,
49-25 SUSPENSION, OR REVOCATION. (a) The commission may take any action
49-26 necessary to ensure the safety of the facility in the absence of a
50-1 permanent management license holder if:
50-2 (1) the permanent management license expires and, on
50-3 the expiration date, a renewed permanent management license has not
50-4 been issued to operate the permanent management facility; or
50-5 (2) the permanent management license is revoked or
50-6 suspended.
50-7 (b) A person whose permanent management license has expired
50-8 or has been revoked or suspended shall comply with orders of the
50-9 commission regarding activities at the permanent management
50-10 facility that are necessary to the continued safe operation or
50-11 closure of the facility or for corrective action.
50-12 (c) The commission by order may authorize a person whose
50-13 permanent management license has expired to continue to operate the
50-14 permanent management facility in accordance with commission orders
50-15 until the commission issues another permanent management license to
50-16 operate the facility.
50-17 Sec. 402.090. DECOMMISSIONING AND CLOSING PERMANENT
50-18 MANAGEMENT FACILITY. If the commission finds after notice and
50-19 hearing that the permanent management facility should be closed,
50-20 the permanent management license holder shall decommission the
50-21 facility in compliance with federal and state law, rules, and
50-22 standards and with rules and plans of the commission.
50-23 Sec. 402.091. EMERGENCY ORDERS. (a) If the commission
50-24 finds an emergency exists related to low-level radioactive waste
50-25 that requires immediate action to protect the public health and
50-26 safety and the environment, the commission may issue an order
51-1 stating the existence of the emergency and requiring that action be
51-2 taken at the commission's direction to meet the emergency. The
51-3 order may be issued without notice or hearing.
51-4 (b) The order may take effect immediately.
51-5 (c) A person to whom the order is directed shall comply
51-6 immediately with the order.
51-7 (d) The commission shall provide a person to whom the order
51-8 is directed an opportunity for a hearing on written application to
51-9 the commission not later than the 30th day following the date the
51-10 order is issued.
51-11 (e) The commission shall hold a requested hearing not
51-12 earlier than the 11th day and not later than the 20th day after the
51-13 date of receipt of the hearing application.
51-14 (f) The commission shall continue, modify, or revoke the
51-15 order based on the hearing.
51-16 Sec. 402.092. CORRECTIVE ACTION AND MEASURES. (a) If the
51-17 commission finds that low-level radioactive waste threatens the
51-18 public health and safety and the environment and that the permanent
51-19 management license holder managing the low-level radioactive waste
51-20 is unable to remove the threat, the commission by order may require
51-21 any action, including a corrective measure, that is necessary to
51-22 remove the threat. The order may be issued without notice or a
51-23 hearing.
51-24 (b) The commission shall use the security provided by the
51-25 permanent management license holder under Section 402.032 to pay
51-26 the costs of actions that are taken or that are to be taken under
52-1 an order issued under this section. [DISPOSAL SITE SELECTION
52-2 STUDIES. The authority shall make studies or contract for studies
52-3 to be made of the future requirements for disposal of low-level
52-4 radioactive waste in this state and to determine the areas of the
52-5 state that are relatively more suitable than others for low-level
52-6 radioactive waste disposal activities.]
52-7 [Sec. 402.082. STUDY CRITERIA. Studies required under
52-8 Section 402.081 must consider:]
52-9 [(1) the volume of low-level radioactive waste
52-10 generated by type and source categories for the expected life of
52-11 the disposal site, including waste that may be generated from the
52-12 decommissioning of nuclear power plants located in this state;]
52-13 [(2) geology;]
52-14 [(3) topography;]
52-15 [(4) transportation and access;]
52-16 [(5) meteorology;]
52-17 [(6) population density;]
52-18 [(7) surface and subsurface hydrology;]
52-19 [(8) flora and fauna;]
52-20 [(9) current land use;]
52-21 [(10) criteria established by the commission for
52-22 disposal site selection;]
52-23 [(11) the proximity of the disposal site to sources of
52-24 low-level radioactive waste, including related transportation
52-25 costs, to the extent that the proximity and transportation costs do
52-26 not interfere with selection of a suitable disposal site for
53-1 protecting public health and the environment;]
53-2 [(12) other disposal site characteristics that may
53-3 need study on a preliminary basis and for which detailed study
53-4 would be required to prepare an application or license required for
53-5 disposal site operation; and]
53-6 [(13) alternative management techniques, including
53-7 aboveground isolation facilities, waste processing and reduction at
53-8 the site of waste generation and at an authority management site,
53-9 and waste recycling.]
53-10 [Sec. 402.083. CHOOSING SITES FOR FURTHER ANALYSIS. On
53-11 completion of the studies required by Section 402.081, the board
53-12 shall choose at least two potential disposal sites for further
53-13 analysis.]
53-14 [Sec. 402.084. EVALUATION OF POTENTIAL SITES. (a) For each
53-15 potential disposal site under Section 402.083, the authority shall
53-16 evaluate or contract for the evaluation of:]
53-17 [(1) preoperating costs;]
53-18 [(2) operating costs;]
53-19 [(3) maintenance costs;]
53-20 [(4) costs of decommissioning and extended care; and]
53-21 [(5) socioeconomic, environmental, and public health
53-22 impacts associated with the site.]
53-23 [(b) The socioeconomic impacts to be evaluated include fire,
53-24 police, education, utility, public works, public access, planning,
53-25 and other governmental services and assumed and perceived risks of
53-26 the disposal sites and disposal activities.]
54-1 [(c) Public officials and members of local boards or
54-2 governing bodies of local political subdivisions of the state in
54-3 which a potential disposal site is located shall be invited to
54-4 participate in appropriate evaluation activities.]
54-5 [Sec. 402.085. SITE PROPOSAL. On receiving the results of
54-6 the studies and evaluations required by Sections 402.081, 402.084,
54-7 and 402.087, the board shall propose a site that appears to be the
54-8 most suitable for a disposal site and shall hold a public hearing
54-9 to consider whether that site should be selected as the disposal
54-10 site.]
54-11 [Sec. 402.086. REPORT AND INFORMATIONAL SEMINARS.
54-12 (a) Before the board gives notice of the hearing on the proposed
54-13 disposal site, the authority shall prepare a report that includes:]
54-14 [(1) detailed information regarding all aspects of the
54-15 disposal site selection process;]
54-16 [(2) criteria for disposal site selection as
54-17 established by the appropriate licensing authority; and]
54-18 [(3) summaries of the studies required under Section
54-19 402.081 and the evaluations required under Section 402.084.]
54-20 [(b) The authority shall make the report available to the
54-21 public.]
54-22 [(c) The authority may contract for the distribution of the
54-23 report and may hold or contract with other persons to hold
54-24 informational seminars for the public.]
54-25 [Sec. 402.087. MEDIATION. (a) The authority may appoint a
54-26 mediator to consider the views of parties interested in the
55-1 selection of a disposal site.]
55-2 [(b) The mediator may conduct a series of meetings with
55-3 delegates from groups of interested parties. The delegates are
55-4 selected according to criteria established by the board.]
55-5 [(c) Mediation meetings may be held in the counties in which
55-6 the potential disposal sites are located and shall be held before
55-7 the public hearing required by Section 402.085.]
55-8 [(d) The mediator shall prepare a report and submit it to
55-9 the board before the board gives notice of the public hearing.]
55-10 [Sec. 402.088. HEARING. (a) A hearing under Section
55-11 402.085 shall be held at the county courthouse of the host county.]
55-12 [(b) The board shall give notice of the hearing on the
55-13 proposed disposal site by publishing notice in English and Spanish
55-14 in a newspaper published in the host county. The notice must be
55-15 published at least once each week for four consecutive weeks
55-16 beginning not later than the 31st day before the date set for the
55-17 hearing.]
55-18 [(c) If a newspaper is not published in the host county or
55-19 if no newspaper in the host county will publish the notice, the
55-20 board shall post written notice of the hearing in three public
55-21 places in the host county. The board shall post one of the notices
55-22 at the door of the county courthouse. The notices must be posted
55-23 for at least 30 consecutive days preceding the date set for the
55-24 hearing.]
55-25 [Sec. 402.089. BOARD DETERMINATION; RESTRICTIONS ON
55-26 SELECTION NEAR RESERVOIR. (a) The board shall determine if the
56-1 proposed disposal site should be selected after a thorough
56-2 consideration of:]
56-3 [(1) the studies and evaluations relating to site
56-4 selection;]
56-5 [(2) the criteria required to be used in those
56-6 studies; and]
56-7 [(3) testimony and evidence presented at the hearing.]
56-8 [(b) The board may not select a disposal site under this
56-9 subchapter that is within 20 miles upstream or up-drainage from the
56-10 maximum elevation of the surface of a reservoir project that:]
56-11 [(1) has been constructed or is under construction by
56-12 the United States Bureau of Reclamation or the United States Corps
56-13 of Engineers; or]
56-14 [(2) has been approved for construction by the Texas
56-15 Water Development Board as part of the state water plan under
56-16 Subchapter C, Chapter 16, Water Code.]
56-17 [Sec. 402.090. ORDER DESIGNATING SITE. If the board selects
56-18 a proposed disposal site as the disposal site, the board by order
56-19 shall designate the site as the disposal site and shall issue a
56-20 final report.]
56-21 [Sec. 402.091. REJECTION OF PROPOSED SITE. (a) If the
56-22 board determines that a proposed disposal site should not be
56-23 selected, the board shall issue an order rejecting the site and
56-24 shall call another hearing to consider another proposed disposal
56-25 site that appears suitable from the studies and evaluations.]
56-26 [(b) The board shall continue to follow the procedures of
57-1 disposal site selection under this subchapter until a suitable
57-2 disposal site is selected.]
57-3 [Sec. 402.092. FINAL REPORT. The authority shall submit to
57-4 the governor and to the legislature for informational purposes a
57-5 copy of the final report and order selecting a disposal site.]
57-6 [Sec. 402.0921. SITE AREA. Notwithstanding any other law or
57-7 other provision of this chapter, the board shall select as the
57-8 disposal site, a site:]
57-9 [(1) within Hudspeth County, Texas, and]
57-10 [(2) circumscribed on the north by 31 degrees north
57-11 latitude, 15' and 00"; on the south by 31 degrees north latitude,
57-12 00' and 00"; on the east by 105 degrees longitude, 00' and 00"; and
57-13 on the west by 105 degrees longitude, 22' and 30".]
57-14 [Sec. 402.0922. EMINENT DOMAIN. The authority may acquire
57-15 land for a disposal site within the geographical area described in
57-16 Section 402.0921 by condemnation and in accordance with Chapter 21
57-17 of the Property Code.]
57-18 [Sec. 402.093. PROCEEDING NOT A CONTESTED CASE. A
57-19 proceeding under Sections 402.085-402.092 is not a contested case
57-20 as defined by Chapter 2001, Government Code.]
57-21 [Sec. 402.094. ACQUISITION OF PROPERTY. (a) The authority
57-22 may acquire by gift, grant, or purchase any land, easements,
57-23 rights-of-way, and other property interests necessary to construct
57-24 and operate a disposal site.]
57-25 [(b) The authority must acquire the fee simple title to all
57-26 land and property that is a part of the licensed disposal site.]
58-1 [(c) The authority may lease property on terms and
58-2 conditions the board determines advantageous to the authority, but
58-3 land that is part of a licensed disposal site may be leased only
58-4 from the Texas Public Finance Authority as provided by the Texas
58-5 Public Finance Authority Act (Article 601d, Vernon's Texas Civil
58-6 Statutes).]
58-7 [(d) The authority may lease land owned by the authority
58-8 that is not part of a licensed disposal site. Land leased by the
58-9 authority under this section may be used only for agricultural,
58-10 ranching, or grazing purposes.]
58-11 SECTION 10. Subchapter D, Chapter 402, Health and Safety
58-12 Code, is amended by adding Sections 402.100 and 402.101 to read as
58-13 follows:
58-14 Sec. 402.100. RESPONSIBILITIES REGARDING DISPOSAL OF FEDERAL
58-15 FACILITY WASTE. A permanent management license holder that accepts
58-16 federal facility waste for disposal under the license shall:
58-17 (1) arrange for and pay the costs of management,
58-18 control, stabilization, and disposal of the federal facility waste;
58-19 and
58-20 (2) convey to the federal government:
58-21 (A) before the termination of the permanent
58-22 management license, all rights, title, and interests in low-level
58-23 radioactive waste located on the property to be conveyed under
58-24 Paragraph (B); and
58-25 (B) on termination of the permanent management
58-26 license, the necessary rights, title, and interests in the land and
59-1 buildings used for the disposal of federal facility waste, together
59-2 with all required rights of access to the property.
59-3 Sec. 402.101. LIABILITY IN RELATION TO FEDERAL FACILITY
59-4 WASTE. (a) This state and any agency or officer of this state are
59-5 not liable for any damages with respect to the land or facility at
59-6 which federal facility waste is accepted under this chapter or with
59-7 respect to the federal facility waste and are not liable for costs
59-8 associated with removal or remediation at the land or facility at
59-9 which federal facility waste is accepted under this chapter or with
59-10 respect to the federal facility waste.
59-11 (b) The permanent management license, to the extent it
59-12 allows the acceptance of federal facility waste, must require the
59-13 owner or operator of the separate adjacent facility at which the
59-14 federal facility waste may be accepted to insure and indemnify this
59-15 state for any liability imposed on this state or any agency or
59-16 officer of this state because of activities related to the
59-17 acceptance or disposal of federal facility waste.
59-18 SECTION 11. Section 402.216, Health and Safety Code, is
59-19 transferred to Subchapter D, Chapter 402, Health and Safety Code,
59-20 as amended by this Act, redesignated as Section 402.093, Health and
59-21 Safety Code, and amended to read as follows:
59-22 Sec. 402.093 [402.216]. RULES RELATING TO PERMANENT
59-23 MANAGEMENT FACILITY [DISPOSAL SITE]. (a) The commission [board]
59-24 shall adopt rules governing:
59-25 (1) the operation of the permanent management facility
59-26 [disposal sites];
60-1 (2) acceptance of low-level radioactive waste at the
60-2 permanent management facility;
60-3 (3) maintenance and monitoring of the permanent
60-4 management facility [disposal sites]; and
60-5 (4) activities relating to the management and
60-6 operation of the permanent management facility [disposal sites].
60-7 (b) The commission by rule shall exclude from the permanent
60-8 management facility types of low-level radioactive waste that are
60-9 incompatible with permanent management operations at the facility.
60-10 [Rules adopted under this section may not be less stringent than
60-11 those adopted by the commission.]
60-12 SECTION 12. Section 402.217, Health and Safety Code, is
60-13 transferred to Subchapter D, Chapter 402, Health and Safety Code,
60-14 as amended by this Act, redesignated as Section 402.094, Health and
60-15 Safety Code, and amended to read as follows:
60-16 Sec. 402.094 [402.217]. PROCESSING AND PACKAGING FACILITIES.
60-17 The commission by rule shall require the permanent management
60-18 facility to have on-site, as necessary, [DISPOSAL SITE ACTIVITIES.
60-19 (a) The authority may adopt any methods and techniques for
60-20 permanent disposal that comply with federal and state standards for
60-21 low-level radioactive waste disposal and that protect the public
60-22 health and safety and the environment.]
60-23 [(b) The authority may provide] facilities [at disposal
60-24 sites] for processing and packaging low-level radioactive waste for
60-25 disposal or assured isolation.
60-26 SECTION 13. Section 402.221, Health and Safety Code, is
61-1 transferred to Subchapter D, Chapter 402, Health and Safety Code,
61-2 as amended by this Act, redesignated as Section 402.095, Health and
61-3 Safety Code, and amended to read as follows:
61-4 Sec. 402.095 [402.221]. PACKAGING OF RADIOACTIVE WASTE.
61-5 (a) The Texas Board of Health shall adopt rules relating to the
61-6 packaging of low-level radioactive waste.
61-7 (b) An inspector employed by the department shall inspect
61-8 all packaged low-level radioactive waste before it is transported
61-9 to a permanent management facility [disposal site] in this state.
61-10 (c) The department shall charge a reasonable fee for the
61-11 inspection in an amount not to exceed the cost of inspection.
61-12 SECTION 14. Section 402.222, Health and Safety Code, is
61-13 transferred to Subchapter D, Chapter 402, Health and Safety Code,
61-14 as amended by this Act, redesignated as Section 402.096, Health and
61-15 Safety Code, and amended to read as follows:
61-16 Sec. 402.096 [402.222]. SHIPMENT OF LOW-LEVEL RADIOACTIVE
61-17 WASTE. (a) On arrival of a shipment of low-level radioactive
61-18 waste at a permanent management facility, the permanent management
61-19 license holder [disposal site, the on-site operator or the
61-20 operator's agent] must determine that the waste complies with all
61-21 laws, rules, and standards relating to processing and packaging of
61-22 low-level radioactive waste before the waste is accepted at the
61-23 facility for disposal or assured isolation [at the disposal site].
61-24 (b) A person making a shipment of low-level radioactive
61-25 waste that is in excess of 75 cubic feet shall give the permanent
61-26 management license holder [on-site operator of the disposal site]
62-1 written notice of the shipment at least 72 hours before shipment to
62-2 the permanent management facility [disposal site] begins. The
62-3 written notice must contain information required by rules of the
62-4 commission [the board].
62-5 SECTION 15. Section 402.223, Health and Safety Code, is
62-6 transferred to Subchapter D, Chapter 402, Health and Safety Code,
62-7 as amended by this Act, redesignated as Section 402.097, Health and
62-8 Safety Code, and amended to read as follows:
62-9 Sec. 402.097 [402.223]. IMPROPERLY PROCESSED OR PACKAGED
62-10 LOW-LEVEL RADIOACTIVE WASTE. (a) If low-level radioactive waste
62-11 that is not properly processed or packaged arrives at the permanent
62-12 management facility [a disposal site], the permanent management
62-13 license holder [on-site operator or the operator's agent] shall
62-14 properly process and package the waste for disposal or assured
62-15 isolation and charge the person making the shipment the fee
62-16 required by Section 402.274.
62-17 (b) The permanent management license holder [on-site
62-18 operator or the operator's agent] shall report to the federal and
62-19 state agencies that establish rules and standards for processing,
62-20 packaging, and transporting low-level radioactive waste any person
62-21 who delivers to the permanent management facility [a disposal site]
62-22 low-level radioactive waste that is not properly processed or
62-23 packaged.
62-24 SECTION 16. Subsections (a), (c), and (d), Section 402.252,
62-25 Health and Safety Code, are amended to read as follows:
62-26 (a) Each quarter:
63-1 (1) the commission shall [The board shall quarterly]
63-2 transfer money in the low-level radioactive waste fund generated by
63-3 [planning and implementation fee surcharges under Sections
63-4 402.2721(e) and (f), and] that portion of waste disposal fees
63-5 identifiable as adopted for the purposes of Sections 402.273(a)(3)
63-6 and (b) to the commissioners court of the host county; and
63-7 (2) the permanent management license holder shall
63-8 assess the generator of the federal facility waste a surcharge for
63-9 the disposal of the federal facility waste at the separate adjacent
63-10 facility, if any. The surcharge shall be 10 percent of the gross
63-11 receipts from fees or charges related to the disposal of the
63-12 federal facility waste. All surcharges collected by the permanent
63-13 management license holder for the disposal of federal facility
63-14 waste shall be transferred to the commissioners court of the host
63-15 county.
63-16 (c) Money received from the low-level radioactive waste fund
63-17 under this section may be spent only for local public projects that
63-18 are for the use and benefit of the public at large. The commission
63-19 [board] shall adopt guidelines for the expenditure of money
63-20 received under this section, and the commissioners court shall
63-21 spend or disburse the money for use according to those guidelines.
63-22 (d) Annually the commissioners court shall provide to the
63-23 commission [board] a detailed accounting of the money held,
63-24 expended, or disbursed by the county.
63-25 SECTION 17. Sections 402.271 and 402.272, Health and Safety
63-26 Code, are amended to read as follows:
64-1 Sec. 402.271. COMMISSION [AUTHORITY'S] EXPENSES. The
64-2 commission's expenses under this chapter [authority's expenses]
64-3 shall be paid from:
64-4 (1) waste disposal fees collected by the commission
64-5 under Section 402.272;
64-6 (2) money in the low-level radioactive waste fund
64-7 derived from planning and implementation fees deposited in that
64-8 fund and the interest earned on that money;
64-9 (3) proceeds from the sale of bonds under Subchapter
64-10 K, if any;
64-11 (4) contributions from members of the [a low-level
64-12 radioactive waste] compact [entered into under Section 402.219(c)];
64-13 (5) appropriations made by the legislature; and
64-14 (6) other receipts, fees, and interest earned in funds
64-15 authorized by or collected under this subchapter and deposited in
64-16 the low-level radioactive waste fund.
64-17 Sec. 402.272. WASTE DISPOSAL FEES. (a) The commission
64-18 [board] shall have collected at the permanent management facility
64-19 on delivery of low-level radioactive waste or as commission rules
64-20 otherwise provide a waste disposal fee to be paid by each person
64-21 who delivers low-level radioactive waste to the facility. The fees
64-22 shall be payable to this state in the name of the commission. This
64-23 section does not apply to a person who delivers federal facility
64-24 waste to the facility if the facility is allowed under its license
64-25 to dispose of federal facility waste. The permanent management
64-26 license holder may establish fees for the acceptance and disposal
65-1 of federal facility waste accepted under the permanent management
65-2 license [authority for disposal].
65-3 (b) The commission [board] by rule shall adopt and
65-4 periodically revise waste disposal fees according to a schedule
65-5 that is based on the projected annual volume of low-level
65-6 radioactive waste received, the relative hazard presented by each
65-7 type of low-level radioactive waste that is generated by the users
65-8 of radioactive materials, and the costs identified in Section
65-9 402.273.
65-10 (c) In determining relative hazard, the commission [board]
65-11 shall consider the radioactive, physical, and chemical properties
65-12 of each type of low-level radioactive waste.
65-13 SECTION 18. Sections 402.273 and 402.274, Health and Safety
65-14 Code, are amended to read as follows:
65-15 Sec. 402.273. WASTE DISPOSAL FEE CRITERIA. (a) Waste
65-16 disposal fees adopted by the commission [board] must be sufficient
65-17 to:
65-18 (1) allow the commission and the permanent management
65-19 license holder [authority] to recover operating and maintenance
65-20 costs, including the costs of financial assurance and a reasonable
65-21 return on investment;
65-22 (2) provide an amount necessary to meet future costs
65-23 of decommissioning, closing, and postclosure maintenance and
65-24 surveillance of the permanent management facility and, if
65-25 applicable, costs of converting an assured isolation facility to a
65-26 disposal facility [site];
66-1 (3) provide an amount to fund local public projects
66-2 under Subchapter I;
66-3 (4) [provide an amount sufficient to fund, in whole or
66-4 in part, a rangeland and wildlife management plan;]
66-5 [(5)] provide an amount necessary to pay federal and
66-6 state licensing fees incurred by the commission or the permanent
66-7 management license holder and to [provide] pay fees associated with
66-8 providing security required by the commission under Section 402.032
66-9 [law] and commission rules; and
66-10 (5) [(6)] provide an amount necessary to fund debt
66-11 service and necessary fees and charges, including insurance
66-12 premiums and similar costs, associated with the issuance and
66-13 payment of bonds under Subchapter K.
66-14 (b) This subsection applies only if the commission
66-15 [authority] does not issue bonds under Subchapter K. The waste
66-16 disposal fees must also include an amount sufficient to allow the
66-17 commission [authority] to recover expenses incurred before
66-18 [beginning] operation of the permanent management facility begins,
66-19 [disposal site] amortized over a period of not more than 20 years
66-20 beginning on the first day of operation of the facility [disposal
66-21 site]. The fees must be sufficient to recover the depository
66-22 interest that the general revenue fund would have earned had the
66-23 fund not been used to pay expenses incurred before the facility
66-24 [disposal site] begins operation. Depository interest recovered
66-25 under this subsection shall be deposited to the credit of the
66-26 general revenue fund. Principal recovered under this subsection
67-1 shall be deposited to the credit of the general revenue fund until
67-2 the amount deposited has fully reimbursed the fund for expenses
67-3 paid from the fund before the facility [disposal site] begins
67-4 operation. The remainder of the principal shall be deposited as
67-5 provided by Section 402.275(c) [402.272(a)].
67-6 (c) The amount required by Subsection (a)(3) may not be less
67-7 than 10 percent of the annual gross receipts from waste received at
67-8 the permanent management facility [disposal site].
67-9 (d) The holder of the permanent management license and
67-10 compact generators may petition the commission for a change in the
67-11 fee amount determined under this section.
67-12 Sec. 402.274. PROCESSING AND PACKAGING FEES. The commission
67-13 [board] by rule shall adopt and periodically revise processing and
67-14 packaging fees according to a schedule that is based on the volume
67-15 of improperly processed or packaged low-level radioactive waste
67-16 delivered to the permanent management facility [for disposal] and
67-17 on the cost to the permanent management license holder [authority]
67-18 for properly processing and packaging the low-level radioactive
67-19 waste in compliance with federal and state standards. This section
67-20 does not apply to a person who delivers federal facility waste to
67-21 the facility if the facility is allowed under its license to
67-22 dispose of federal facility waste. The permanent management
67-23 license holder may establish processing and packaging fees for
67-24 federal facility waste accepted under the permanent management
67-25 license.
67-26 SECTION 19. Subchapter J, Chapter 402, Health and Safety
68-1 Code, is amended by adding Sections 402.2744 and 402.2745 to read
68-2 as follows:
68-3 Sec. 402.2744. PERMANENT MANAGEMENT FACILITY DECOMMISSIONING
68-4 ACCOUNT. (a) The commission shall:
68-5 (1) determine an amount that will be necessary to
68-6 finance the decommissioning of the permanent management facility at
68-7 the time the facility should be decommissioned, including
68-8 post-closure maintenance, surveillance, and institutional controls;
68-9 (2) determine the portion of the fees collected under
68-10 Section 402.272 necessary to fund an account to pay those costs
68-11 over time; and
68-12 (3) direct the comptroller to deposit in the permanent
68-13 management facility decommissioning account the portion of the fees
68-14 determined under Subdivision (2).
68-15 (b) Each biennium, the commission shall review the balance
68-16 of the permanent management facility decommissioning account and
68-17 the amount of interest the account generates. When the balance of
68-18 the account reaches an amount that would generate enough interest
68-19 income to fully finance the costs of decommissioning the facility
68-20 by the time the facility is projected to be decommissioned,
68-21 including post-closure maintenance, surveillance, and institutional
68-22 controls, the commission shall direct the comptroller to
68-23 discontinue directing fee money into the account.
68-24 (c) The permanent management facility decommissioning
68-25 account is an account in the general revenue fund. Money in the
68-26 account may only be used to pay the costs of decommissioning a
69-1 permanent management facility licensed under Subchapter B,
69-2 including post-closure maintenance, surveillance, and institutional
69-3 controls. Interest earned on money in the account shall be
69-4 deposited to the credit of the account. The account is exempt from
69-5 the application of Section 403.095, Government Code.
69-6 (d) If the permanent management facility is licensed to
69-7 dispose of federal facility waste at a separate adjacent facility:
69-8 (1) money in the permanent management facility
69-9 decommissioning account may be used to decommission both the
69-10 facility for permanent management of compact waste and the separate
69-11 adjacent facility for disposal of federal facility waste;
69-12 (2) notwithstanding Subsection (a), the commission
69-13 shall:
69-14 (A) determine an amount that will be necessary
69-15 to decommission both the facility for permanent management of
69-16 compact waste and the separate adjacent facility for disposal of
69-17 federal facility waste;
69-18 (B) determine the appropriate share of the
69-19 amount determined under Paragraph (A) to attribute to each
69-20 facility, considering the projected volumes of waste, hazards of
69-21 waste, and facility characteristics that will affect
69-22 decommissioning costs;
69-23 (C) determine the portion of the fees collected
69-24 under Section 402.272 necessary to fund, over time, the share of
69-25 the costs of decommissioning the site attributable to the permanent
69-26 management of compact waste;
70-1 (D) direct the comptroller to deposit in the
70-2 permanent management facility decommissioning account the portion
70-3 of the fees determined under Paragraph (C);
70-4 (E) determine the amount of money necessary to
70-5 fund the share of the costs of decommissioning the site
70-6 attributable to the disposal of federal facility waste;
70-7 (F) charge the permanent management license
70-8 holder a fee for each shipment of federal facility waste accepted
70-9 for disposal in an amount determined to be necessary, over time, to
70-10 meet the amount determined under Paragraph (E); and
70-11 (G) deposit the fees paid under Paragraph (F) to
70-12 the permanent management facility decommissioning account; and
70-13 (3) at the time the commission directs the comptroller
70-14 to discontinue directing money into the permanent management
70-15 facility decommissioning account, the commission shall discontinue
70-16 charging the fee under Subdivision (2)(F).
70-17 Sec. 402.2745. ASSURED ISOLATION CONVERSION ACCOUNT.
70-18 (a) This section applies only if the permanent management facility
70-19 licensed under Subchapter B is an assured isolation facility.
70-20 (b) The commission shall:
70-21 (1) determine an amount that will be necessary to
70-22 finance the conversion of the permanent management facility for
70-23 disposal of the low-level radioactive waste at the time the
70-24 facility should be converted for disposal of the waste;
70-25 (2) determine the portion of the fees collected under
70-26 Section 402.272 necessary to fund an account to pay those costs
71-1 over time; and
71-2 (3) direct the comptroller to deposit in the assured
71-3 isolation conversion account the portion of the fees determined
71-4 under Subdivision (2).
71-5 (c) Each biennium, the commission shall review the balance
71-6 of the assured isolation conversion account and the amount of
71-7 interest the account generates. When the balance of the account
71-8 reaches an amount that would generate enough interest income to
71-9 fully finance the costs of converting the facility by the time the
71-10 facility is projected to be converted to a disposal facility, the
71-11 commission shall direct the comptroller to discontinue directing
71-12 fee money into the account.
71-13 (d) The assured isolation conversion account is an account
71-14 in the general revenue fund. Money in the account may be used only
71-15 to pay costs of converting an assured isolation facility licensed
71-16 under Subchapter B to a low-level radioactive waste disposal
71-17 facility. Interest earned on money in the account shall be
71-18 deposited to the credit of the account. The account is exempt from
71-19 the application of Section 403.095, Government Code.
71-20 SECTION 20. Subsections (c) and (d), Section 402.275, Health
71-21 and Safety Code, are amended to read as follows:
71-22 (c) Money received by the commission under this chapter
71-23 [authority], including waste disposal fees, [planning and
71-24 implementation fees, surcharges on planning and implementation
71-25 fees,] processing and packaging fees, civil penalties, payments
71-26 made by a party state to the [a low-level radioactive waste]
72-1 compact [entered into under Section 402.219(c)], and other receipts
72-2 collected by the commission [authority] under this chapter shall be
72-3 deposited to the credit of the low-level radioactive waste fund
72-4 except as provided by Sections 402.2744 and 402.2745.
72-5 (d) Money [Except as provided by Subsection (f), money] in
72-6 the low-level radioactive waste fund may be used to pay:
72-7 (1) costs of the commission to plan, implement, and
72-8 administer activities under this chapter before the permanent
72-9 management facility begins operation;
72-10 (2) operating and maintenance costs of the commission
72-11 and the permanent management license holder [authority];
72-12 (3) [(2)] future costs of decommissioning, closing,
72-13 and postclosure maintenance and surveillance of the permanent
72-14 management facility [disposal site];
72-15 (4) [(3)] federal and state licensing fees incurred by
72-16 the commission or the permanent management license holder and to
72-17 provide security required by the commission under Section 402.032;
72-18 (5) [(4)] money judgments rendered against the
72-19 commission [authority] that are directed by a court of this state
72-20 to be paid from this fund;
72-21 [(5) expenses associated with implementation of the
72-22 rangeland and wildlife management plan;]
72-23 (6) funds for local public projects under Subchapter
72-24 I;
72-25 (7) debt service and necessary fees and charges,
72-26 including insurance premiums and similar costs, associated with the
73-1 issuance and payment of bonds under Subchapter K; and
73-2 (8) expenses of the commission for any other purpose
73-3 under this chapter.
73-4 SECTION 21. Sections 402.291 through 402.296 and 402.298,
73-5 Health and Safety Code, are amended to read as follows:
73-6 Sec. 402.291. AUTHORITY TO ISSUE BONDS. (a) The commission
73-7 [authority] may issue, sell, and provide for the retirement of
73-8 revenue bonds to:
73-9 (1) finance necessary actions that the commission may
73-10 take in order to ensure the safety of the permanent management
73-11 facility in the absence of a permanent management license holder,
73-12 or the operation of the permanent management facility by the
73-13 commission in the event the commission must operate the facility
73-14 because there is no permanent management license holder; or
73-15 [reimburse the general revenue fund for the expenses incurred and
73-16 paid by the authority in selecting, seeking approval for, and
73-17 constructing a disposal site;]
73-18 (2) reimburse the permanent management license holder
73-19 for the costs of constructing the permanent management facility
73-20 [pay the expenses of selecting, seeking approval of, and
73-21 constructing a disposal site that were not paid from the general
73-22 revenue fund; and]
73-23 [(3) provide required reserve funds and capitalized
73-24 interest, and to pay issuing expenses and other expenses associated
73-25 with the issuance and sale of bonds].
73-26 (b) The commission may reimburse the license holder under
74-1 Subsection (a)(2) only if the permanent management facility is an
74-2 assured isolation facility.
74-3 (c) The bonds may not be a debt or pledge of the faith and
74-4 credit of the state or the commission[, the authority, or a public
74-5 entity,] but shall be payable from receipts collected by the
74-6 commission [authority] and credited to the low-level radioactive
74-7 waste fund and pledged to the payment of the bonds authorized under
74-8 this subchapter.
74-9 (d) [(c)] The bonds must contain on their face a statement
74-10 that:
74-11 (1) the state or the commission[, the authority, or a
74-12 public entity] is not obligated to pay the principal of or interest
74-13 on the bonds; and
74-14 (2) the faith and credit and the taxing power of the
74-15 state [or of a public entity] is not pledged to the payment of the
74-16 principal of or interest on the bonds.
74-17 (e) [(d)] The Texas Public Finance Authority, acting on
74-18 behalf of the commission [Texas Low-Level Radioactive Waste
74-19 Disposal Authority], shall issue all bonds authorized under this
74-20 subchapter. In connection with the issuance of those bonds, the
74-21 Texas Public Finance Authority is subject to all rights, duties,
74-22 and conditions provided by this subchapter with respect to the
74-23 issuance of bonds by the commission [Texas Low-Level Radioactive
74-24 Waste Disposal Authority].
74-25 Sec. 402.292. [BOARD] AUTHORIZATION OF BONDS. (a) The
74-26 commission [board] may issue bonds by [resolution or] order.
75-1 (b) In the [resolution or] order authorizing the bonds, the
75-2 commission [board] may provide for the bonds to:
75-3 (1) be executed and delivered at any time as a single
75-4 issue or from time to time as several issues;
75-5 (2) be in any denomination and form, including
75-6 registered uncertified obligations not represented by written
75-7 instruments and commonly known as book-entry obligations, the
75-8 registration of ownership and transfer of which the commission
75-9 [authority] shall provide for under a system of books and records
75-10 maintained by a bank serving as trustee, paying agent, or bond
75-11 registrar;
75-12 (3) be in coupon or registered form;
75-13 (4) be payable in installments and have a maturity
75-14 date not to exceed 30 years from date of issuance;
75-15 (5) be subject to terms of redemption prior to
75-16 maturity;
75-17 (6) be payable at a place or places;
75-18 (7) bear no interest or bear interest at any rate or
75-19 rates, fixed, variable, floating, or otherwise determined by the
75-20 commission [board], not to exceed the maximum net effective
75-21 interest rate allowed by Chapter 1204, Government Code [Chapter 3,
75-22 Acts of the 61st Legislature, Regular Session, 1969 (Article
75-23 717k-2, Vernon's Texas Civil Statutes)]; and
75-24 (8) contain other provisions not inconsistent with
75-25 this subchapter.
75-26 (c) The [authority's] bonds shall be:
76-1 (1) signed by the commission [board chairman or
76-2 vice-chairman];
76-3 (2) attested to by the executive director [board's
76-4 secretary]; and
76-5 (3) bear the seal of the commission [authority].
76-6 Sec. 402.293. APPROVAL OF BONDS. Bonds issued under this
76-7 subchapter [Authority bonds] are subject to approval by the
76-8 attorney general and the Bond Review Board [bond review board] and
76-9 registration by the comptroller as provided by Chapters 1202 and
76-10 1231, Government Code [Article 3, Chapter 53, Acts of the 70th
76-11 Legislature, 2nd Called Session, 1987 (Article 717k-8, Vernon's
76-12 Texas Civil Statutes), and Chapter 1078, Acts of the 70th
76-13 Legislature, Regular Session, 1987 (Article 717k-7, Vernon's Texas
76-14 Civil Statutes)].
76-15 Sec. 402.294. SALE OF BONDS; PROCEEDS OF SALE. (a) After
76-16 approval and registration, the commission [authority] may sell the
76-17 bonds at a public or private sale and in a manner provided in the
76-18 commission's [board's resolution or] order authorizing the sale.
76-19 (b) The commission [authority] shall establish and maintain
76-20 funds in the state treasury into which the proceeds from the sale
76-21 of the bonds are deposited, including an interest and sinking fund,
76-22 a reserve fund, and other funds [established by the board].
76-23 (c) The commission [authority] may make an expenditure from
76-24 a fund established under Subsection (b) only for the purposes
76-25 prescribed by Section 402.291.
76-26 (d) The commission [board] may authorize the comptroller to
77-1 invest the money in a fund established under Subsection (b) in
77-2 investments allowed by law for state funds. Money earned on those
77-3 investments shall be deposited to the credit of that fund.
77-4 Sec. 402.295. REFUNDING BONDS. The commission [authority]
77-5 may issue bonds to refund all or part of its outstanding bonds,
77-6 including unpaid interest, in the same manner provided by law,
77-7 including Chapter 1207, Government Code [503, Acts of the 54th
77-8 Legislature, Regular Session, 1955 (Article 717k, Vernon's Texas
77-9 Civil Statutes), and Chapter 784, Acts of the 61st Legislature,
77-10 Regular Session, 1969 (Article 717k-3, Vernon's Texas Civil
77-11 Statutes)].
77-12 Sec. 402.296. BONDS AS INVESTMENTS AND AS SECURITY FOR
77-13 DEPOSITS. (a) Bonds issued under this subchapter [Authority
77-14 bonds] are legal and authorized investments for:
77-15 (1) banks;
77-16 (2) investment companies;
77-17 (3) trust companies;
77-18 (4) savings and loan associations;
77-19 (5) insurance companies;
77-20 (6) fiduciaries;
77-21 (7) trustees; and
77-22 (8) sinking funds or special funds of the state and of
77-23 municipalities, counties, school districts, and political
77-24 subdivisions and public agencies of the state.
77-25 (b) Bonds issued under this subchapter [Authority bonds] are
77-26 eligible to secure deposits of public funds of the state and of
78-1 municipalities, counties, school districts, and other political
78-2 corporations or subdivisions of the state. The bonds are lawful
78-3 and sufficient security for deposits to the extent of their value
78-4 if accompanied by all unmatured coupons.
78-5 Sec. 402.298. BONDHOLDER REMEDIES. (a) If the commission
78-6 [authority] defaults in the payment of the principal of or interest
78-7 on the bonds when due, or fails to observe or perform any other
78-8 condition, covenant, or obligation contained in the [resolution or]
78-9 order authorizing the [authority] bonds, the owner of a bond may
78-10 enforce the condition, covenant, or obligation through a mandamus
78-11 proceeding or other legal procedure provided by law.
78-12 (b) A default by the commission [authority] of a condition,
78-13 covenant, or obligation contained in the [resolution or] order
78-14 authorizing the bonds does not impose any pecuniary liability on
78-15 the state or on the commission [authority] or impose a charge on
78-16 the general credit of the state or of the commission [authority] or
78-17 against the taxing power of the state.
78-18 SECTION 22. Subdivisions (14) through (27), Section 401.003,
78-19 Health and Safety Code, are amended to read as follows:
78-20 (14) "Permanent management" has the meaning assigned
78-21 by Section 402.003.
78-22 (15) "Person" includes a legal successor to or
78-23 representative, agent, or agency of any person but does not include
78-24 the federal commission and federal agencies the federal commission
78-25 licenses or exempts.
78-26 (16) [(15)] "Person affected" means a person who
79-1 demonstrates that the person has suffered or will suffer actual
79-2 injury or economic damage and, if the person is not a local
79-3 government:
79-4 (A) is a resident of a county, or a county
79-5 adjacent to that county, in which nuclear or radioactive material
79-6 is or will be located; or
79-7 (B) is doing business or has a legal interest in
79-8 land in the county or adjacent county.
79-9 (17) [(16)] "Processing" means the storage, extraction
79-10 of material, transfer, volume reduction, compaction, or other
79-11 separation and preparation of low-level radioactive waste for reuse
79-12 or disposal, including a treatment or activity that renders the
79-13 waste less hazardous, safer for transport, or amenable to recovery,
79-14 storage, or disposal.
79-15 (18) [(17)] "Radiation" means one or more of the
79-16 following:
79-17 (A) gamma-rays and X-rays, alpha and beta
79-18 particles, and other atomic or nuclear particles or rays;
79-19 (B) stimulated emission of radiation from an
79-20 electronic device to energy density levels that could reasonably
79-21 cause bodily harm; or
79-22 (C) sonic, ultrasonic, or infrasonic waves
79-23 emitted from an electronic device or resulting from the operation
79-24 of an electronic circuit in an electronic device in the energy
79-25 range to reasonably cause detectable bodily harm.
79-26 (19) [(18)] "Radioactive material" means a naturally
80-1 occurring or artificially produced solid, liquid, or gas that emits
80-2 radiation spontaneously.
80-3 (20) [(19) "Radioactive substance" includes:]
80-4 [(A) by-product material;]
80-5 [(B) naturally occurring radioactive material
80-6 waste, excluding oil and gas NORM waste;]
80-7 [(C) radioactive material;]
80-8 [(D) low-level radioactive waste;]
80-9 [(E) source material;]
80-10 [(F) source of radiation; and]
80-11 [(G) special nuclear material.]
80-12 [(21)] "Registration" includes:
80-13 (A) notice to the department of the service or
80-14 use of an electronic product; and
80-15 (B) registration under Section 401.105.
80-16 (21) [(22)] "Source material" means:
80-17 (A) uranium, thorium, or other material that the
80-18 governor by order declares to be source material after the federal
80-19 commission has determined the material to be source material; or
80-20 (B) ore that contains one or more of the
80-21 materials listed in Subdivision (A) to the degree of concentration
80-22 that the governor by order declares to be source material after the
80-23 federal commission has determined the material to be of a degree of
80-24 concentration to be source material.
80-25 (22) [(23)] "Source of radiation" means radioactive
80-26 material or a device or equipment that emits or is capable of
81-1 producing radiation intentionally or incidentally.
81-2 (23) [(24)] "Special nuclear material" means:
81-3 (A) plutonium, uranium 233, uranium enriched in
81-4 the isotope 233 or the isotope 235, and any other material other
81-5 than source material that the governor by order declares to be
81-6 special nuclear material after the federal commission determines
81-7 the material to be special nuclear material; or
81-8 (B) material other than source material that is
81-9 artificially enriched by any of the materials listed in Subdivision
81-10 (A).
81-11 (24) [(25)] "Specific license" means a license, issued
81-12 pursuant to an application, to use, manufacture, produce, transfer,
81-13 receive, acquire, own, possess, process, or dispose of quantities
81-14 of or devices or equipment using by-product, source, special
81-15 nuclear, or other radioactive material.
81-16 (25) [(26)] "Naturally occurring radioactive material
81-17 waste" or "NORM waste" means solid, liquid, or gaseous material or
81-18 combination of materials, excluding source material, special
81-19 nuclear material, and by-product material, that:
81-20 (A) in its natural physical state spontaneously
81-21 emits radiation;
81-22 (B) is discarded or unwanted; and
81-23 (C) is not exempt by department rule adopted
81-24 under Section 401.106.
81-25 (26) [(27)] "Oil and gas NORM waste" means solid,
81-26 liquid, or gaseous material or combination of materials, excluding
82-1 source material, special nuclear material, and by-product material,
82-2 that:
82-3 (A) in its natural physical state spontaneously
82-4 emits radiation;
82-5 (B) is discarded or unwanted;
82-6 (C) is not exempt by department rule adopted
82-7 under Section 401.106; and
82-8 (D) constitutes, is contained in, or has
82-9 contaminated oil and gas waste as that term is defined in Section
82-10 91.1011, [of the] Natural Resources Code.
82-11 SECTION 23. Section 401.005, Health and Safety Code, is
82-12 amended to read as follows:
82-13 Sec. 401.005. CODE OF FEDERAL REGULATIONS REFERENCES. A
82-14 reference in this chapter to the "C.F.R." or the "Code of Federal
82-15 Regulations" means the Code of Federal Regulations as it existed on
82-16 September 1, 2001 [1999].
82-17 SECTION 24. Subsections (a) and (b), Section 401.011, Health
82-18 and Safety Code, are amended to read as follows:
82-19 (a) The department is the Texas Radiation Control Agency.
82-20 The department has jurisdiction over activities and substances
82-21 regulated under this chapter except as provided by Subsection (b),
82-22 Subchapter [and Subchapters F and] K, and Chapter 402.
82-23 (b) The commission has jurisdiction to regulate and license:
82-24 (1) the permanent management of low-level radioactive
82-25 waste as provided by Chapter 402; and
82-26 (2) the disposal of:
83-1 (A) by-product material [radioactive substances]
83-2 except by-product material defined by Section 401.003(3)(B);
83-3 (B) naturally occurring radioactive material
83-4 waste except oil and gas NORM waste;
83-5 (C) source material; and
83-6 (D) special nuclear material.
83-7 SECTION 25. Subsection (c), Section 401.015, Health and
83-8 Safety Code, is amended to read as follows:
83-9 (c) A person is not eligible to be appointed as a
83-10 representative of the public on the advisory board if that person
83-11 or that person's spouse is:
83-12 (1) engaged in an occupation in the health care field;
83-13 or
83-14 (2) employed by, participates in the management of, or
83-15 has a financial interest, other than as a consumer, in part of the
83-16 nuclear utility industry or in a business entity or other
83-17 organization that is licensed under [Subchapter F or] Subchapter G
83-18 or Chapter 402.
83-19 SECTION 26. Subsections (b), (d), (e), and (f), Section
83-20 401.052, Health and Safety Code, are amended to read as follows:
83-21 (b) Rules adopted under this section for low-level
83-22 radioactive waste shall:
83-23 (1) to the extent practicable, be compatible with
83-24 United States Department of Transportation and United States
83-25 Nuclear Regulatory Commission regulations relating to the
83-26 transportation of low-level radioactive waste;
84-1 (2) require each shipper and transporter of low-level
84-2 radioactive waste to adopt an emergency plan approved by the
84-3 department for responding to transportation accidents;
84-4 (3) require the notification and reporting of
84-5 accidents to the department and to local emergency planning
84-6 committees in the county where the accident occurs;
84-7 (4) require each shipper to adopt a quality control
84-8 program approved by the department to verify that shipping
84-9 containers are suitable for shipment to a licensed disposal
84-10 facility; [and]
84-11 (5) assess a fee on shippers for shipments [to a Texas
84-12 low-level radioactive waste disposal facility] of low-level
84-13 radioactive waste originating in Texas or out-of-state to the
84-14 permanent management facility licensed under Chapter 402; and
84-15 (6) provide that:
84-16 (A) a shipper shall comply immediately with an
84-17 order of the board made in response to an alleged violation of a
84-18 rule adopted under this section if the order directs immediate
84-19 compliance; and
84-20 (B) if a shipper who was subject to an order
84-21 that directed immediate compliance applies for a hearing on the
84-22 alleged violation before the 21st day after the date the order was
84-23 issued, the department shall provide a hearing on the alleged
84-24 violation not later than the 30th day after the date the
84-25 application is received.
84-26 (d) [(1)] Fees assessed under this section [shall]:
85-1 (1) may [(A)] not exceed $10 per cubic foot of shipped
85-2 low-level radioactive waste;
85-3 (2) shall [(B)] be collected by the commission
85-4 [authority] and deposited to the credit of the radiation and
85-5 perpetual care fund; and
85-6 (3) shall [(C)] be used exclusively by the department
85-7 for emergency planning for and response to transportation accidents
85-8 involving low-level radioactive waste.
85-9 (e) [(2)] Fee assessments under this section shall be
85-10 suspended when the amount of fees collected reaches $500,000,
85-11 except that if the balance of fees collected is reduced to $350,000
85-12 or less, the assessments shall be reinstituted to bring the balance
85-13 of fees collected to $500,000.
85-14 (f) [(e)] Money expended from the radiation and perpetual
85-15 care fund to respond to accidents involving low-level radioactive
85-16 waste must be reimbursed to the radiation and perpetual care fund
85-17 by the responsible shipper or transporter according to rules
85-18 adopted by the board.
85-19 (g) [(f)] In this section, "shipper"[:]
85-20 [(1) "Shipper"] means a person who generates low-level
85-21 radioactive waste and ships or arranges with others to ship the
85-22 waste to a disposal site or permanent management facility.
85-23 [(2) "Authority" means the Texas Low-Level Radioactive
85-24 Waste Disposal Authority.]
85-25 SECTION 27. Subsection (c), Section 401.058, Health and
85-26 Safety Code, is amended to read as follows:
86-1 (c) The commission, as part of the collection and
86-2 dissemination of information, shall maintain a file of:
86-3 (1) known locations in this state at which radioactive
86-4 material has been managed by an assured isolation facility or
86-5 disposed of and at which soil and facilities are contaminated; and
86-6 (2) information on inspection reports relating to the
86-7 radioactive material managed by an assured isolation facility or
86-8 disposed of and radiation levels at those locations.
86-9 SECTION 28. Section 401.061, Health and Safety Code, is
86-10 amended to read as follows:
86-11 Sec. 401.061. LOW-LEVEL RADIOACTIVE WASTE STUDIES. The
86-12 department and commission each within its jurisdiction shall
86-13 conduct studies of the need for [low-level radioactive waste
86-14 processing and disposal] facilities and technologies for processing
86-15 low-level radioactive waste, for assured isolation, and for
86-16 disposal as the agency considers necessary for minimizing the risks
86-17 to the public and the environment from low-level radioactive waste
86-18 management.
86-19 SECTION 29. Subsection (a), Section 401.063, Health and
86-20 Safety Code, is amended to read as follows:
86-21 (a) The department or commission or the agency's
86-22 representative may enter public or private property at reasonable
86-23 times to determine whether, in a matter under the agency's
86-24 jurisdiction, there is compliance with this chapter or Chapter 402
86-25 and the agency's rules, licenses, registrations, and orders under
86-26 this chapter or Chapter 402.
87-1 SECTION 30. Section 401.067, Health and Safety Code, is
87-2 transferred to Subchapter D, Chapter 402, Health and Safety Code,
87-3 as amended by this Act, redesignated as Section 402.099, Health and
87-4 Safety Code, and amended to read as follows:
87-5 Sec. 402.099 [401.067]. LOCAL GOVERNMENT INSPECTIONS.
87-6 (a) An agent or employee of a local government may examine and
87-7 copy during regular business hours records relating to activities
87-8 licensed under Subchapter B [F]. Examinations and copying of
87-9 records must be done at the local government's expense and are
87-10 subject to limitations in Chapter 552, Government Code.
87-11 (b) Records copied under this section are public records
87-12 unless the record's owner shows to the satisfaction of the
87-13 commission that the records if made public will divulge trade
87-14 secrets. On such a showing, the commission shall consider the
87-15 copied records confidential.
87-16 (c) A local government agent or employee may not enter
87-17 private property that has management in residence unless the agent
87-18 or employee notifies the management, or person in charge, of the
87-19 agent's or employee's presence and exhibits proper credentials.
87-20 The agent or employee shall observe the rules of the establishment
87-21 being inspected relating to safety, internal security, and fire
87-22 protection.
87-23 SECTION 31. Section 401.101, Health and Safety Code, is
87-24 amended to read as follows:
87-25 Sec. 401.101. LICENSE AND REGISTRATION REQUIREMENT.
87-26 (a) Except as provided by Subsection (b), a [A] person may not
88-1 use, manufacture, produce, transport, transfer, receive, acquire,
88-2 own, possess, process, or dispose of a source of radiation unless
88-3 that person has a license, registration, or exemption from the
88-4 department or commission as provided by this chapter.
88-5 (b) A person may not receive low-level radioactive waste
88-6 from other persons for permanent management unless that person has
88-7 a license issued under Chapter 402 that authorizes the activity.
88-8 SECTION 32. Subsection (b), Section 401.104, Health and
88-9 Safety Code, is amended to read as follows:
88-10 (b) Except as provided by Subsection (e), the commission by
88-11 rule shall provide for licensing for the disposal of radioactive
88-12 material except by-product material defined by Section
88-13 401.003(3)(B). Licensing for the permanent management of low-level
88-14 radioactive waste is governed by Chapter 402. The department by
88-15 rule shall provide for licensing the disposal of by-product
88-16 material defined by Section 401.003(3)(B).
88-17 SECTION 33. Subsection (c), Section 401.108, Health and
88-18 Safety Code, is amended to read as follows:
88-19 (c) The commission shall reevaluate every five years the
88-20 qualifications and security provided by a license holder under
88-21 [Subchapter F or] Subchapter G. The reevaluation may coincide with
88-22 license renewal procedures if renewal and reevaluation occur in the
88-23 same year.
88-24 SECTION 34. Subsection (b), Section 401.109, Health and
88-25 Safety Code, is amended to read as follows:
88-26 (b) The amount and type of security required shall be
89-1 determined under the agency's rules in accordance with criteria
89-2 that include:
89-3 (1) the need for and scope of decontamination,
89-4 decommissioning, reclamation, and [or] disposal or other permanent
89-5 management activity reasonably required to protect the public
89-6 health and safety and the environment;
89-7 (2) reasonable estimates of the cost of
89-8 decontamination, decommissioning, reclamation, and disposal or
89-9 other permanent management activity as provided by Section 401.303;
89-10 and
89-11 (3) the cost of perpetual maintenance and
89-12 surveillance, if any.
89-13 SECTION 35. Section 401.111, Health and Safety Code, is
89-14 amended to read as follows:
89-15 Sec. 401.111. CRITERIA FOR CERTAIN UNSUITABLE NEW SITES FOR
89-16 PROCESSING LOW-LEVEL RADIOACTIVE WASTE. (a) The board [and
89-17 commission each], in adopting rules for the issuance of licenses
89-18 under its jurisdiction [their respective jurisdictions] for new
89-19 sites for processing [or disposal of] low-level radioactive waste
89-20 from other persons, shall adopt criteria for the designation of
89-21 unsuitable sites, including:
89-22 (1) flood hazard areas;
89-23 (2) areas with characteristics of discharge from or
89-24 recharge of a groundwater aquifer system; or
89-25 (3) areas in which soil conditions make spill cleanup
89-26 impracticable.
90-1 (b) The board [and commission each] shall consult with the
90-2 State Soil and Water Conservation Board, the Bureau of Economic
90-3 Geology, and other appropriate state agencies in developing
90-4 proposed rules. The board [and commission each] by rule shall:
90-5 (1) require selection of sites in areas in which
90-6 natural conditions minimize potential contamination of surface
90-7 water and groundwater; and
90-8 (2) prohibit issuance of licenses for unsuitable sites
90-9 as defined by the rules.
90-10 SECTION 36. Section 401.112, Health and Safety Code, is
90-11 amended to read as follows:
90-12 Sec. 401.112. LOW-LEVEL RADIOACTIVE WASTE PROCESSING [OR
90-13 DISPOSAL] LICENSE APPLICATION AND CONSIDERATIONS. (a) The
90-14 department [or commission], within its jurisdiction, in making a
90-15 licensing decision on a specific license application to process [or
90-16 dispose of] low-level radioactive waste from other persons, shall
90-17 consider:
90-18 (1) site suitability, geological, hydrological, and
90-19 meteorological factors, and natural hazards;
90-20 (2) compatibility with present uses of land near the
90-21 site;
90-22 (3) socioeconomic effects on surrounding communities
90-23 of operation of the licensed activity and of associated
90-24 transportation of low-level radioactive waste;
90-25 (4) the need for and alternatives to the proposed
90-26 activity, including an alternative siting analysis prepared by the
91-1 applicant;
91-2 (5) the applicant's qualifications, including
91-3 financial, technical, and past operating practices;
91-4 (6) background monitoring plans for the proposed site;
91-5 (7) suitability of facilities associated with the
91-6 proposed activities;
91-7 (8) chemical, radiological, and biological
91-8 characteristics of the low-level radioactive waste and waste
91-9 classification under Section 401.053;
91-10 (9) adequate insurance of the applicant to cover
91-11 potential injury to any property or person, including potential
91-12 injury from risks relating to transportation;
91-13 (10) training programs for the applicant's employees;
91-14 (11) a monitoring, record-keeping, and reporting
91-15 program;
91-16 (12) spill detection and cleanup plans for the
91-17 licensed site and related to associated transportation of low-level
91-18 radioactive waste;
91-19 (13) decommissioning and postclosure care plans;
91-20 (14) security plans;
91-21 (15) worker monitoring and protection plans;
91-22 (16) emergency plans; and
91-23 (17) a monitoring program for applicants that includes
91-24 prelicense and postlicense monitoring of background radioactive and
91-25 chemical characteristics of the soils, groundwater, and vegetation.
91-26 (b) An applicant for the specific license must submit with
92-1 the application information necessary for the department [issuing
92-2 agency] to consider the factors under Subsection (a).
92-3 (c) The board [and commission each] within its jurisdiction
92-4 by rule shall provide specific criteria for the different types of
92-5 licensed low-level radioactive waste activities for the listed
92-6 factors and may include additional factors and criteria that the
92-7 board [or commission, as appropriate,] determines necessary for
92-8 full consideration of a license.
92-9 SECTION 37. Subsections (a) and (b), Section 401.113, Health
92-10 and Safety Code, are amended to read as follows:
92-11 (a) Before a hearing under Section 401.114 begins, the
92-12 department [agency holding the hearing] shall prepare or have
92-13 prepared a written analysis of the effect on the environment of a
92-14 proposed licensed activity that the department [agency] determines
92-15 has a significant effect on the human environment.
92-16 (b) The department [agency] shall make the analysis
92-17 available to the public not later than the 31st day before the date
92-18 of a hearing under Section 401.114.
92-19 SECTION 38. Section 401.114, Health and Safety Code, is
92-20 amended to read as follows:
92-21 Sec. 401.114. NOTICE AND HEARING. (a) Before the
92-22 department [or commission], within its jurisdiction, grants or
92-23 renews a license to process [or dispose of] low-level radioactive
92-24 waste from other persons, the agency shall give notice and shall
92-25 provide an opportunity for a public hearing in the manner provided
92-26 by the agency's formal hearing procedure and Chapter 2001,
93-1 Government Code.
93-2 (b) In addition to other notice, the department [agency]
93-3 shall publish notice of the hearing in the manner provided by
93-4 Chapter 313, Government Code, in the county in which the proposed
93-5 facility is to be located. The notice shall state the subject and
93-6 the time, place, and date of the hearing.
93-7 (c) The department [agency] shall mail, by certified mail in
93-8 the manner provided by the agency's rules, written notice to each
93-9 person who owns property adjacent to the proposed processing site.
93-10 The notice must be mailed not later than the 31st day before the
93-11 date of the hearing and must include the same information that is
93-12 in the published notice. If true, the department [agency] or the
93-13 applicant must certify that the notice was mailed as required by
93-14 this subsection, and at the hearing the certificate is conclusive
93-15 evidence of the mailing.
93-16 SECTION 39. Section 401.115, Health and Safety Code, is
93-17 amended to read as follows:
93-18 Sec. 401.115. LICENSES FROM OTHER AGENCIES. A holder of a
93-19 license to operate a facility to process [or dispose of] low-level
93-20 radioactive waste may not operate the facility until the holder has
93-21 obtained all other required licenses or permits from other
93-22 agencies.
93-23 SECTION 40. Subsections (a), (b), and (d), Section 401.116,
93-24 Health and Safety Code, are amended to read as follows:
93-25 (a) An amendment to a license to process [or dispose of]
93-26 low-level radioactive waste from other persons may take effect
94-1 immediately.
94-2 (b) The department [or commission, as appropriate,] shall
94-3 publish notice of the license amendment once in the Texas Register
94-4 and in a newspaper of general circulation in the county in which
94-5 the licensed activity is located and shall give notice to any
94-6 person who has notified the agency, in advance, of the desire to
94-7 receive notice of proposed amendment of the license.
94-8 (d) The department [agency] shall give notice and hold a
94-9 hearing to consider the license amendment if a person affected
94-10 files a written complaint with the agency before the 31st day after
94-11 the date on which notice is published under Subsection (b). The
94-12 agency shall give notice of the hearing as provided by Section
94-13 401.114.
94-14 SECTION 41. Section 401.117, Health and Safety Code, is
94-15 amended to read as follows:
94-16 Sec. 401.117. CONSTRUCTION LIMITATION. The department [or
94-17 commission] shall prohibit major construction relating to
94-18 activities to be permitted under a license issued by the agency to
94-19 process [or dispose of] low-level radioactive waste from other
94-20 persons until the requirements in Sections 401.113 and 401.114 are
94-21 completed.
94-22 SECTION 42. Section 401.151, Health and Safety Code, is
94-23 amended to read as follows:
94-24 Sec. 401.151. COMPATIBILITY WITH FEDERAL STANDARDS. The
94-25 department [and commission each] shall assure that the management
94-26 of low-level radioactive waste under its jurisdiction [their
95-1 respective jurisdictions] is compatible with applicable federal
95-2 commission standards.
95-3 SECTION 43. Section 401.152, Health and Safety Code, is
95-4 amended to read as follows:
95-5 Sec. 401.152. CORRECTIVE ACTION AND MEASURES. (a) If the
95-6 department [or commission], under procedures provided by Section
95-7 401.056, finds that low-level radioactive waste under its
95-8 jurisdiction threatens the public health and safety and the
95-9 environment and that the license holder managing the low-level
95-10 radioactive waste is unable to remove the threat, the agency by
95-11 order may require any action, including a corrective measure, that
95-12 is necessary to remove the threat.
95-13 (b) The department [agency] shall use the security provided
95-14 by the license holder to pay the costs of actions that are taken or
95-15 that are to be taken under this section. The agency shall send to
95-16 the comptroller a copy of its order together with necessary written
95-17 requests authorizing the comptroller to:
95-18 (1) enforce security supplied by the license holder;
95-19 (2) convert an amount of security into cash, as
95-20 necessary; and
95-21 (3) disburse from the security in the fund the amount
95-22 necessary to pay the costs.
95-23 SECTION 44. Subsection (b), Section 401.153, Health and
95-24 Safety Code, is amended to read as follows:
95-25 (b) A rule adopted under this section may not take effect
95-26 before the 24th month preceding the opening date of the permanent
96-1 management facility licensed [a low-level radioactive waste
96-2 disposal site authorized] under Chapter 402[,] and expires on the
96-3 date that the permanent management facility [disposal site] opens.
96-4 SECTION 45. Subsection (b), Section 401.301, Health and
96-5 Safety Code, is amended to read as follows:
96-6 (b) The board by rule shall set the fee in an amount that
96-7 may not exceed the actual expenses annually incurred to:
96-8 (1) process applications for licenses or
96-9 registrations;
96-10 (2) amend or renew licenses or registrations;
96-11 (3) make inspections of license holders and
96-12 registrants; and
96-13 (4) enforce this chapter and rules, orders, licenses,
96-14 and registrations under this chapter[; and]
96-15 [(5) collect payments to the low-level radioactive
96-16 waste fund and general revenue as provided by Section 402.2721].
96-17 SECTION 46. Subsections (a) and (c), Section 401.303, Health
96-18 and Safety Code, are amended to read as follows:
96-19 (a) The department or commission may require the holder of a
96-20 license issued by the agency under this chapter to pay annually to
96-21 the issuing agency an amount determined by the issuing agency if
96-22 continuing or perpetual maintenance, surveillance, or other care is
96-23 required after termination of a licensed activity.
96-24 (c) The issuing agency may review estimates of costs that
96-25 are required to be incurred under this chapter in accordance with
96-26 the need, nature, and cost of decontamination, stabilization,
97-1 decommissioning, reclamation, and disposal or other permanent
97-2 management activity and the maintenance and surveillance required
97-3 for public health and safety and the environment.
97-4 SECTION 47. Subsection (a), Section 401.381, Health and
97-5 Safety Code, is amended to read as follows:
97-6 (a) A person who violates a provision of this chapter
97-7 relating to an activity under the department's jurisdiction, a
97-8 department rule or order adopted or issued by the department under
97-9 this chapter, [or] a condition of a license issued by the
97-10 department under this chapter, or a condition of registration with
97-11 the department under this chapter [condition] is subject to a civil
97-12 penalty of not less than $100 or more than $25,000 for each
97-13 violation and for each day that a continuing violation occurs.
97-14 SECTION 48. Subsection (a), Section 401.382, Health and
97-15 Safety Code, is amended to read as follows:
97-16 (a) A person commits an offense if the person intentionally
97-17 or knowingly violates a provision of this chapter relating to an
97-18 activity under the department's jurisdiction, other than the
97-19 offense described by Section 401.383.
97-20 SECTION 49. Subsection (a), Section 401.383, Health and
97-21 Safety Code, is amended to read as follows:
97-22 (a) A person commits an offense if the person intentionally
97-23 or knowingly receives, processes, concentrates, stores, or
97-24 transports[, or disposes of] low-level radioactive waste without a
97-25 license that authorizes the activity issued under this chapter.
97-26 SECTION 50. Subsection (a), Section 401.412, Health and
98-1 Safety Code, is amended to read as follows:
98-2 (a) Notwithstanding any other provision of this chapter and
98-3 subject to Sections 401.102 and 401.415, the commission has sole
98-4 and exclusive authority to directly regulate and to grant, deny,
98-5 renew, revoke, suspend, amend, or withdraw licenses for the
98-6 disposal of:
98-7 (1) low-level radioactive waste, in accordance with
98-8 Chapter 402;
98-9 (2) by-product material except by-product material
98-10 defined by Section 401.003(3)(B);
98-11 (3) naturally occurring radioactive material waste
98-12 except oil and gas NORM waste;
98-13 (4) source material; and
98-14 (5) special nuclear material [radioactive substances.
98-15 In this subsection, "radioactive substance" does not include
98-16 by-product material as defined by Section 401.003(3)(B)].
98-17 SECTION 51. Subsection (a), Section 403.001, Health and
98-18 Safety Code, is amended to read as follows:
98-19 (a) The governor shall appoint six members to represent this
98-20 state on the commission established by Article III of the Texas
98-21 Low-Level Radioactive Waste Disposal Compact. One of the voting
98-22 members of the compact commission shall be a legal resident of the
98-23 host county. In this subsection, "host county" has the meaning
98-24 assigned by Section 2.01, Article II, Texas Low-Level Radioactive
98-25 Waste Disposal Compact (Section 403.006) [Hudspeth County, Texas].
98-26 SECTION 52. Section 7.033, Water Code, is amended to read as
99-1 follows:
99-2 Sec. 7.033. RECOVERY OF SECURITY FOR [CHAPTER 401, HEALTH
99-3 AND SAFETY CODE,] VIOLATION OF CHAPTER 401 OR 402, HEALTH AND
99-4 SAFETY CODE. (a) The commission shall seek reimbursement, either
99-5 by a commission order or by a suit filed under Subchapter D by the
99-6 attorney general at the commission's request, of security from the
99-7 radiation and perpetual care fund used by the commission to pay for
99-8 actions, including corrective measures, to remedy spills or
99-9 contamination by radioactive material resulting from a violation of
99-10 Chapter 401, Health and Safety Code, relating to an activity under
99-11 the commission's jurisdiction or a rule adopted or a license,
99-12 registration, or order issued by the commission under that chapter.
99-13 (b) The commission shall seek reimbursement, either by
99-14 commission order or by a suit filed under Subchapter D by the
99-15 attorney general at the commission's request, of security from the
99-16 permanent management facility decommissioning account used by the
99-17 commission under Section 402.092, Health and Safety Code.
99-18 SECTION 53. Section 7.111, Water Code, is amended to read as
99-19 follows:
99-20 Sec. 7.111. RECOVERY OF SECURITY FOR [CHAPTER 401, HEALTH
99-21 AND SAFETY CODE,] VIOLATION OF CHAPTER 401 OR 402, HEALTH AND
99-22 SAFETY CODE. On request by the commission, the attorney general
99-23 shall file suit to recover security under Section 7.033.
99-24 SECTION 54. Subsection (a), Section 7.184, Water Code, is
99-25 amended to read as follows:
99-26 (a) A person commits an offense if the person:
100-1 (1) intentionally or knowingly violates a provision of
100-2 Chapter 401, Health and Safety Code, relating to an activity under
100-3 the commission's jurisdiction, or Chapter 402, Health and Safety
100-4 Code, other than the offense described by Subdivision (2); or
100-5 (2) intentionally or knowingly receives, processes,
100-6 packages, concentrates, stores, transports, undertakes assured
100-7 isolation, retrieves, reuses, or disposes of low-level radioactive
100-8 waste without or in violation of a license issued by the commission
100-9 under Chapter 401 or 402, Health and Safety Code.
100-10 SECTION 55. Section 7.303, Water Code, is amended to read as
100-11 follows:
100-12 Sec. 7.303. GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE,
100-13 CERTIFICATE, OR REGISTRATION. (a) This section applies to a
100-14 license, certificate, or registration issued:
100-15 (1) by the commission under:
100-16 (A) Section 26.0301 or 26.459 of this code;
100-17 (B) Chapter 18, 32, 33, or 34 of this code;
100-18 (C) Section 361.0861, 361.092, or 361.112,
100-19 Health and Safety Code; or
100-20 (D) Chapter 366, 371, [or] 401, or 402, Health
100-21 and Safety Code;
100-22 (2) by a county under Subchapter E, Chapter 361,
100-23 Health and Safety Code; or
100-24 (3) under a rule adopted under any of those
100-25 provisions.
100-26 (b) After notice and hearing, the commission may suspend or
101-1 revoke a license, certificate, or registration the commission or a
101-2 county has issued, place on probation a person whose license,
101-3 certificate, or registration has been suspended, reprimand the
101-4 holder of a license, certificate, or registration, or refuse to
101-5 renew or reissue a license, certificate, or registration on any of
101-6 the following grounds:
101-7 (1) having a record of environmental violations in the
101-8 preceding five years at the licensed, certified, or registered
101-9 site;
101-10 (2) committing fraud or deceit in obtaining the
101-11 license, certificate, or registration;
101-12 (3) demonstrating gross negligence, incompetency, or
101-13 misconduct while acting as holder of a license, certificate, or
101-14 registration;
101-15 (4) making an intentional misstatement or
101-16 misrepresentation of fact in information required to be maintained
101-17 or submitted to the commission by the holder of the license,
101-18 certificate, or registration;
101-19 (5) failing to keep and transmit records as required
101-20 by a statute within the commission's jurisdiction or a rule adopted
101-21 under such a statute;
101-22 (6) being indebted to the state for a fee, payment of
101-23 a penalty, or a tax imposed by a statute within the commission's
101-24 jurisdiction or a rule adopted under such a statute;
101-25 (7) with respect to a license issued under Chapter 18,
101-26 failing to continue to possess qualifications necessary for the
102-1 issuance of an original license;
102-2 (8) with respect to a certificate of competency issued
102-3 under Section 26.0301, violating a discharge permit of a sewage
102-4 treatment plant, unless:
102-5 (A) the holder of the certificate is unable to
102-6 properly operate the sewage treatment facility due to the refusal
102-7 of the permit holder to authorize necessary expenditures to operate
102-8 the sewage treatment facility properly; or
102-9 (B) failure of the sewage treatment facility to
102-10 comply with its discharge permit results from faulty design of the
102-11 sewage treatment facility;
102-12 (9) with respect to a license issued under Chapter 32,
102-13 failing to advise a person for whom a well is being drilled that
102-14 injurious water has been encountered, is a pollution hazard, and
102-15 must be immediately plugged in an acceptable manner;
102-16 (10) with respect to a registration issued under
102-17 Chapter 366, Health and Safety Code, violating that chapter or a
102-18 rule adopted under that chapter; [or]
102-19 (11) with respect to a license issued under Subchapter
102-20 E, Chapter 361, Health and Safety Code, violating that chapter or
102-21 another applicable law or a commission rule governing the
102-22 processing, storage, or disposal of solid waste;
102-23 (12) with respect to a license issued by the
102-24 commission under Chapter 401, Health and Safety Code, violating a
102-25 provision of that chapter or a commission rule relating to an
102-26 activity under the commission's jurisdiction; or
103-1 (13) with respect to a license issued under Chapter
103-2 402, Health and Safety Code, violating that chapter or another law
103-3 applicable to the license holder or violating a commission rule
103-4 governing the processing, packaging, storage, assured isolation, or
103-5 disposal of low-level radioactive waste.
103-6 SECTION 56. Subchapter G, Chapter 7, Water Code, is amended
103-7 by adding Section 7.311 to read as follows:
103-8 Sec. 7.311. EMERGENCY SUSPENSION AND CORRECTIVE ACTION ORDER
103-9 FOR PERMANENT MANAGEMENT FACILITY. (a) If the commission has
103-10 reason to believe a violation of a license issued under Chapter
103-11 402, Health and Safety Code, has occurred or that a condition at
103-12 the permanent management facility licensed under that chapter
103-13 presents or threatens to present a danger to the public health or
103-14 safety or the environment, the commission by order may:
103-15 (1) summarily suspend the permanent management
103-16 license; and
103-17 (2) require the permanent management license holder to
103-18 take action to correct the alleged violation or condition.
103-19 (b) The commission shall provide the permanent management
103-20 license holder an opportunity for a hearing on the facts underlying
103-21 the order on written application to the commission received not
103-22 later than the 30th day after the date of the order. The
103-23 commission shall hold the requested hearing not earlier than the
103-24 11th day and not later than the 20th day after the date the
103-25 commission receives the license holder's written application for
103-26 the hearing.
104-1 (c) The commission shall affirmatively continue, modify, or
104-2 revoke a suspension or order based on the results of the hearing.
104-3 SECTION 57. Subsection (a), Section 7.351, Water Code, is
104-4 amended to read as follows:
104-5 (a) If it appears that a violation or threat of violation of
104-6 Chapter 16, 26, 28, or 34 of this code or Chapter 361, 371, 372, or
104-7 382, Health and Safety Code, or a provision of Chapter 401, Health
104-8 and Safety Code, under the commission's jurisdiction, or Chapter
104-9 402, Health and Safety Code, or a rule adopted or an order or a
104-10 permit issued by the commission under those chapters or provisions
104-11 has occurred or is occurring in the jurisdiction of a local
104-12 government, the local government or, in the case of a violation of
104-13 Chapter 401 or 402, Health and Safety Code, a person affected, as
104-14 defined by Section 401.003, Health and Safety Code [in that
104-15 chapter], may institute a civil suit under Subchapter D in the same
104-16 manner as the commission in a district court by its own attorney
104-17 for the injunctive relief or civil penalty, or both, as authorized
104-18 by this chapter against the person who committed, is committing, or
104-19 is threatening to commit the violation.
104-20 SECTION 58. Section 7.354, Water Code, is amended to read as
104-21 follows:
104-22 Sec. 7.354. COSTS AND FEES. A penalty collected in a suit
104-23 under this subchapter for a violation of Chapter 28 of this code or
104-24 Chapter 401 or 402, Health and Safety Code, shall be paid to the
104-25 state. If the suit is brought by a local government or, in the
104-26 case of a violation of Chapter 401 or 402, Health and Safety Code,
105-1 by a person affected as defined by Section 401.003, Health and
105-2 Safety Code [in that chapter], the court shall include in any final
105-3 judgment in favor of the local government or affected person an
105-4 award to cover reasonable costs and attorney's fees.
105-5 SECTION 59. Section 7.355, Water Code, is amended to read as
105-6 follows:
105-7 Sec. 7.355. COMPLAINTS. In the case of a violation of
105-8 Chapter 401 or 402, Health and Safety Code, a local government or
105-9 person affected as defined by Section 401.003, Health and Safety
105-10 Code, may file with the commission a written complaint and may
105-11 request an investigation of an alleged violation by a person who
105-12 holds a permit subject to the commission's jurisdiction.
105-13 SECTION 60. Section 7.357, Water Code, is amended to read as
105-14 follows:
105-15 Sec. 7.357. PROSECUTION. A local government or, in the case
105-16 of a violation of Chapter 401 or 402, Health and Safety Code, a
105-17 person affected as defined by Section 401.003, Health and Safety
105-18 Code, [in that chapter] may bring suit in the county in which the
105-19 alleged violation occurred or is about to occur, if the commission
105-20 does not have a suit filed before the 121st day after the date on
105-21 which the written complaint is filed under Section 7.355.
105-22 SECTION 61. The following provisions of the Health and
105-23 Safety Code are repealed:
105-24 (1) Subchapter F, Chapter 401;
105-25 (2) Section 401.306;
105-26 (3) Section 401.413;
106-1 (4) Sections 402.052 and 402.055;
106-2 (5) Subchapters E, F, and G, Chapter 402;
106-3 (6) Sections 402.211 through 402.215;
106-4 (7) Sections 402.218, 402.219, and 402.220;
106-5 (8) Sections 402.224, 402.225, and 402.226;
106-6 (9) Section 402.228;
106-7 (10) Section 402.2721; and
106-8 (11) Subsection (f), Section 402.275.
106-9 SECTION 62. (a) This Act takes effect September 1, 2001.
106-10 (b) The Texas Natural Resource Conservation Commission shall
106-11 formally propose all rules necessary to effect the receipt of
106-12 applications for and issuance of a license under Chapter 402,
106-13 Health and Safety Code, as amended by this Act, on or before June
106-14 1, 2002.