77R16522 JJT-D                          
         By Duncan                                             S.B. No. 1541
         Substitute the following for S.B. No. 1541:
         By Geren                                          C.S.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
 2-1     Natural Resource Conservation Commission with the powers to ensure
 2-2     that the state has the [establish the Texas Low-Level Radioactive
 2-3     Waste Disposal Authority with responsibility for assuring]
 2-4     necessary [disposal] capability to permanently manage [for]
 2-5     specific categories of low-level radioactive waste.
 2-6           SECTION 4.  Sections 402.003 and 402.004, Health and Safety
 2-7     Code, are amended to read as follows:
 2-8           Sec. 402.003.  DEFINITIONS.  In this chapter:
 2-9                 (1)  "Assured isolation" means the management of
2-10     low-level radioactive waste to inhibit the release from the waste
2-11     of its radioactive constituents so that concentrations of materials
2-12     entering the accessible environment will remain within prescribed
2-13     parameters, in a manner that:
2-14                       (A)  employs an isolation, containment, and
2-15     shielding system that uses:
2-16                             (i)  characteristics and the form of the
2-17     waste;
2-18                             (ii)  active and ongoing maintenance;
2-19                             (iii)  active monitoring;
2-20                             (iv)  isolation facility operating
2-21     procedures;
2-22                             (v)  institutional controls;
2-23                             (vi)  natural site characteristics; and
2-24                             (vii)  engineered features of the facility;
2-25                       (B)  preserves the ability to retrieve the
2-26     managed waste for subsequent use, processing, or management; and
2-27                       (C)  can involve above-grade disposal with a
 3-1     final protective earthen cover applied at the end of active
 3-2     operation. ["Authority" means the Texas Low-Level Radioactive Waste
 3-3     Disposal 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
3-27     permanent management [the receipt, processing, packaging, storage,
 4-1     disposal, and monitoring of low-level radioactive waste] at a
 4-2     permanent management facility [disposal site], the maintenance of a
 4-3     permanent management facility [disposal site], and any other
 4-4     responsibilities [designated by] the commission designates [board]
 4-5     as part of the operation.
 4-6                 (8)  "Permanent management" means:
 4-7                       (A)  disposal or assured isolation with later
 4-8     conversion of the assured isolation facility for on-site disposal
 4-9     of the isolated waste; and
4-10                       (B)  related on-site activities, including
4-11     receipt, processing, packaging, storage, and monitoring of
4-12     low-level radioactive waste.
4-13                 (9)  "Permanent management facility" means a site and
4-14     on-site improvements designed for permanent management.
4-15                 (10)  "Person" includes a legal successor to or
4-16     representative, agent, or agency of any person.
4-17                 (11) [(10)]  "Radioactive material" means solid,
4-18     liquid, or gaseous material, whether occurring naturally or
4-19     produced artificially, that emits radiation spontaneously.
4-20                 [(11)  "Rangeland and wildlife management plan" means a
4-21     plan that applies rangeland and wildlife habitat management
4-22     techniques to land located in the vicinity of a disposal site so
4-23     that the natural productivity and economic value of the land are
4-24     enhanced.]
4-25                 (12)  ["Bond" means any type of obligation issued by
4-26     the authority under this chapter, including a certificate of
4-27     obligation, bond, note, draft, bill, warrant, debenture, interim
 5-1     certificate, revenue or bond anticipation note, or other evidence
 5-2     of indebtedness.]
 5-3                 [(13)]  "Host county" means the county in which the
 5-4     permanent management facility [disposal site] is or will be
 5-5     located.
 5-6                 (13) [(14)]  "Commission" means the Texas Natural
 5-7     Resource Conservation Commission.
 5-8                 (14)  "Executive director" means the executive director
 5-9     of the commission.
5-10                 (15)  "Federal facility waste" means low-level
5-11     radioactive waste or mixed waste generated by an agency of the
5-12     federal government.
5-13                 (16)  "Mixed waste" means waste that contains both
5-14     hazardous waste, as defined by Section 361.003, and low-level
5-15     radioactive waste, source material, special nuclear material, or
5-16     by-product material subject to the federal Atomic Energy Act of
5-17     1954 (42 U.S.C. Section 2011 et seq.), as amended.
5-18           Sec. 402.004.  REFERENCES IN LAW TO TEXAS LOW-LEVEL
5-19     RADIOACTIVE WASTE DISPOSAL AUTHORITY [AGENCY ABOLISHED AND
5-20     FUNCTIONS TRANSFERRED].  A [The authority is abolished and any]
5-21     reference in [this chapter or another] law to the Texas Low-Level
5-22     Radioactive Waste Disposal Authority, [authority or] the board of
5-23     directors of the authority, or the general manager of the authority
5-24     means the Texas Natural Resource Conservation Commission.
5-25           SECTION 5.  Subchapter B, Chapter 402, Health and Safety
5-26     Code, is amended to read as follows:
5-27              SUBCHAPTER B.  LICENSING OF PERMANENT MANAGEMENT
 6-1                    FACILITY [ADMINISTRATIVE PROVISIONS]
 6-2           Sec. 402.011.  LICENSE REQUIRED.  A person may not dispose of
 6-3     or engage in assured isolation of low-level radioactive waste or
 6-4     accept low-level radioactive waste for disposal or assured
 6-5     isolation unless:
 6-6                 (1)  the person holds a permanent management license
 6-7     issued under this subchapter; and
 6-8                 (2)  the disposal or assured isolation is conducted in
 6-9     accordance with the:
6-10                       (A)  permanent management license issued under
6-11     this subchapter; and
6-12                       (B)  methods and procedures prescribed under
6-13     Section 402.060.
6-14           Sec. 402.012.  LICENSING AUTHORITY.  (a)  The commission by
6-15     rule shall provide for receiving applications for and issuing a
6-16     single license for permanent management at a single permanent
6-17     management facility.  The commission may issue the license only for
6-18     a permanent management facility that meets:
6-19                 (1)  requirements for licensing provided by this
6-20     chapter and by commission rules;
6-21                 (2)  requirements for disposal adopted by the
6-22     commission that are as stringent as necessary to meet federal
6-23     requirements for disposal; and
6-24                 (3)  the entire necessary capacity determined under
6-25     Section 402.061.
6-26           (b)  Except as provided by Subsection (c), the commission by
6-27     rule shall provide that the permanent management license authorizes
 7-1     only the permanent management of:
 7-2                 (1)  low-level radioactive waste to be managed under
 7-3     the compact in accordance with the volumes of low-level radioactive
 7-4     waste established by the compact commission under Section 3.04(11)
 7-5     of the compact; and
 7-6                 (2)  non-compact low-level radioactive waste approved
 7-7     for importation to this state by the compact commission under
 7-8     Section 3.05 of the compact.
 7-9           (c)  The commission by rule shall provide for issuing under
7-10     the procedures provided by this chapter a single permanent
7-11     management license that, in addition to the permanent management
7-12     activities related to low-level radioactive waste described by
7-13     Subsection (b), would allow the permanent management license
7-14     holder, under the same license, to dispose of federal facility
7-15     waste at a separate facility adjacent to the facility for the
7-16     disposal of low-level radioactive waste described by Subsection
7-17     (b).
7-18           Sec. 402.013.  REGIONAL DISPOSAL FACILITY.  The permanent
7-19     management facility licensed under this chapter is the regional
7-20     disposal facility established and operated under the compact for
7-21     purposes of the federal Low-Level Radioactive Waste Policy Act, as
7-22     amended by the Low-Level Radioactive Waste Policy Amendments Act of
7-23     1985 (42 U.S.C. Sections 2021b-2021j).
7-24           Sec. 402.014.  UNSUITABLE SITES.  (a)  To the extent
7-25     necessary to protect the public health and safety and the
7-26     environment, the commission by rule shall adopt criteria for the
7-27     designation of a site as unsuitable for assured isolation or
 8-1     disposal under this chapter, including criteria regarding risks
 8-2     presented by:
 8-3                 (1)  active tectonic processes, including earthquakes
 8-4     and other seismic activity;
 8-5                 (2)  movements and uses of groundwater, surface water,
 8-6     and storm water runoff;
 8-7                 (3)  flooding and rainfall patterns;
 8-8                 (4)  violent storms, including hurricanes, tornados,
 8-9     and lightning;
8-10                 (5)  prevalent or seasonal winds or temperatures; and
8-11                 (6)  proximity of the site to population centers or by
8-12     the density of population near the site.
8-13           (b)  The commission shall prohibit permanent management at a
8-14     site located:
8-15                 (1)  in a county in which the average rainfall is
8-16     greater than 26 inches;
8-17                 (2)  in a 100-year flood plain;
8-18                 (3)  less than 20 miles upstream of or up-drainage from
8-19     the maximum elevation of the surface of a reservoir project that:
8-20                       (A)  has been constructed or is under
8-21     construction by the United States Bureau of Reclamation or the
8-22     United States Army Corps of Engineers; or
8-23                       (B)  has been approved for construction by the
8-24     Texas Water Development Board as part of the state water plan under
8-25     Subchapter C, Chapter 16, Water Code;
8-26                 (4)  in a county any part of which is located within 62
8-27     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
9-27     permanent management facility and each county in which any part of
 10-1    the facility is located.  The commission shall apply a fee accepted
 10-2    under this section toward the prospective applicant's permanent
 10-3    management license application fee if the prospective applicant
 10-4    subsequently files a license application.  The commission shall
 10-5    notify the commissioners court of each county in which any part of
 10-6    the site for the proposed permanent management facility is located
 10-7    of the receipt of the notice of intent under this section.
 10-8          Sec. 402.017.  APPLICATION REQUIREMENTS.  (a)  To apply for
 10-9    the permanent management license, a person must:
10-10                (1)  present to the commission an application on a form
10-11    the commission prescribes; and
10-12                (2)  pay an application fee in an amount set by the
10-13    commission.
10-14          (b)  A person may apply for the permanent management license
10-15    only if the person owns in fee simple or holds an option to
10-16    purchase in fee simple all interest in the land on which the
10-17    applicant proposes to locate the permanent management facility and
10-18    the improvements on the land.  The applicant must attach to the
10-19    application documents establishing the ownership interest.  This
10-20    subsection does not apply if the commission is considering
10-21    applications for a permanent management license to be issued for
10-22    permanent management on property previously conveyed to the state
10-23    under Section 402.029.
10-24          (c)  An application for the permanent management license must
10-25    include:
10-26                (1)  a certification by the commissioners court of each
10-27    county of this state in which any part of the proposed permanent
 11-1    management facility is located that the county has been approved
 11-2    for the location of the permanent management facility by a:
 11-3                      (A)  resolution of the commissioners court that
 11-4    has not been revoked by the results of a referendum of the county's
 11-5    voters as provided by Section 402.038; or
 11-6                      (B)  referendum of the county's voters as
 11-7    provided by Section 402.038; and
 11-8                (2)  all plans, designs, specifications, schedules,
 11-9    analyses, and other information the commission establishes by rule
11-10    under Sections 402.020-402.024 as necessary for the executive
11-11    director and the commission to evaluate the applicant's technical,
11-12    managerial, and financial qualifications or any other of the
11-13    applicant's qualifications the commission considers necessary to
11-14    protect the public health or safety or the environment.
11-15          Sec. 402.018.  ADMINISTRATIVELY COMPLETE APPLICATIONS.
11-16    (a)  The commission shall require applications to be submitted on
11-17    or before the 120th day after the date notice is published under
11-18    Section 402.015.  The applications must address each of the
11-19    criteria established under Sections 402.020-402.024.
11-20          (b)  On or before the 45th day after the date the application
11-21    is received, the executive director shall issue an administrative
11-22    notice of deficiency to each applicant whose application is timely
11-23    submitted but is determined by the executive director to be
11-24    administratively incomplete.
11-25          (c)  The commission shall provide an applicant for whom an
11-26    administrative notice of deficiency is issued not more than three
11-27    opportunities to cure the noted deficiencies in the application on
 12-1    or before the 90th day after the date the first notice of
 12-2    deficiency is issued.
 12-3          (d)  The executive director shall reject any application
 12-4    that, after the period for correcting deficiencies has expired, is
 12-5    not administratively complete.
 12-6          Sec. 402.019.  TECHNICAL REVIEW OF APPLICATIONS; EXECUTIVE
 12-7    DIRECTOR RECOMMENDATION.  (a)  The executive director shall have
 12-8    prepared by commission personnel or an independent contractor a
 12-9    written evaluation of each complete application in terms of the
12-10    criteria established under Sections 402.020-402.024.
12-11          (b)  The executive director shall conduct at least one public
12-12    meeting in each county, as applicable, to receive public comments
12-13    on the administratively complete applications.  The executive
12-14    director shall set the time and place of the meetings as soon as
12-15    practicable after the close of the period for administrative review
12-16    of the applications.
12-17          (c)  After preliminary technical review is completed on all
12-18    applications, the executive director shall issue a technical notice
12-19    of deficiency to each applicant whose application is determined by
12-20    the executive director to be technically insufficient.
12-21          (d)  The executive director shall provide an applicant for
12-22    whom a technical notice of deficiency is issued two opportunities
12-23    to cure the noted deficiencies in the application on or before the
12-24    60th day after the date the technical notice of deficiency is
12-25    issued.
12-26          (e)  The executive director shall use the written evaluations
12-27    and application materials to evaluate each application according to
 13-1    the criteria established under Sections 402.020-402.024.  The
 13-2    executive director shall evaluate each application for each
 13-3    criterion for purposes of comparing the relative merit of the
 13-4    applications, giving:
 13-5                (1)  equal weight to each criterion within a tier of
 13-6    criteria;
 13-7                (2)  the greatest weight to tier 1 criteria, greater
 13-8    weight to tier 2 criteria than to tier 3 criteria, and the least
 13-9    weight to tier 4 criteria; and
13-10                (3)  greater weight to an application for an assured
13-11    isolation facility than to an application for a disposal facility
13-12    if the results of the evaluations of the applications under this
13-13    section are substantially equivalent.
13-14          (f)  The executive director, based on the written evaluations
13-15    and application materials, shall select the application which has
13-16    the highest comparative merit.
13-17          (g)  If, in the opinion of the executive director, the
13-18    application with the greatest merit is still technically
13-19    insufficient, the executive director may issue additional technical
13-20    notices of deficiency if necessary to permit the executive director
13-21    to declare the application technically sufficient and issue a draft
13-22    license.
13-23          (h)  The executive director shall complete the preparation of
13-24    the draft license no later than 15 months from the date the
13-25    technical review begins; or, if the executive director concludes
13-26    that a draft license cannot be prepared based on the application,
13-27    the application will be returned and the executive director may
 14-1    process the next most meritorious application.
 14-2          Sec. 402.020.  TIER 1 CRITERIA.  (a)  The commission by rule
 14-3    shall adopt tier 1 criteria to evaluate:
 14-4                (1)  the natural characteristics of the site for a
 14-5    proposed permanent management facility;
 14-6                (2)  the adequacy of the proposed permanent management
 14-7    facility to safely isolate, shield, and contain low-level
 14-8    radioactive waste from mankind and mankind's environment; and
 14-9                (3)  the adequacy of financial assurance related to the
14-10    proposed permanent management facility.
14-11          (b)  Criteria for evaluating natural characteristics of the
14-12    site for a proposed permanent management facility must include:
14-13                (1)  the suitability of the site for assured isolation
14-14    or disposal, including the site's:
14-15                      (A)  geological characteristics;
14-16                      (B)  topography, including features relating to
14-17    erosion;
14-18                      (C)  surface and underground hydrology;
14-19                      (D)  meteorological factors; and
14-20                      (E)  natural hazards;
14-21                (2)  the compatibility of permanent management at the
14-22    site with any uses of land near the site that could affect the
14-23    natural performance of the site or that could affect monitoring of
14-24    the site;
14-25                (3)  the adequacy of prelicense monitoring data and
14-26    background monitoring plans for the site, including analysis of the
14-27    ambient conditions of the site and established trends of the site's
 15-1    natural parameters, including:
 15-2                      (A)  natural background radioactivity levels;
 15-3                      (B)  radon gas levels;
 15-4                      (C)  air particulate levels;
 15-5                      (D)  soil characteristics, including the chemical
 15-6    characteristics;
 15-7                      (E)  surface water and groundwater
 15-8    characteristics; and
 15-9                      (F)  flora and fauna at the site;
15-10                (4)  whether the site's natural characteristics
15-11    disqualify the site as unsuitable under criteria adopted under
15-12    Section 402.014;
15-13                (5)  the possible effects of permanent management at
15-14    the site on flora and fauna at or near the site; and
15-15                (6)  the ease of access to the site.
15-16          (c)  The criteria to assess the adequacy of the proposed
15-17    permanent management facility must include:
15-18                (1)  the capability of the proposed facility to
15-19    isolate, shield, and contain low-level radioactive waste in
15-20    conformity with federal standards;
15-21                (2)  acceptable operational safety; and
15-22                (3)  acceptable long-term safety as demonstrated by
15-23    analysis or study.
15-24          (d)  The financial assurance criteria must include:
15-25                (1)  the adequacy of the applicant's financial
15-26    qualifications to conduct permanent management as proposed,
15-27    including any required decontamination, decommissioning,
 16-1    reclamation, or disposal and control and maintenance of the site
 16-2    after the cessation of active operations;
 16-3                (2)  the adequacy of the applicant's financial
 16-4    assurance in an amount and type acceptable to the commission and
 16-5    adequate to cover potential injury to any property or person;
 16-6                (3)  the adequacy of the applicant's financial
 16-7    security, as required by commission rules adopted under Section
 16-8    402.032; and
 16-9                (4)  the degree of certainty that the applicant will be
16-10    able to maintain adequate financial security.
16-11          (e)  In adopting financial assurance criteria, the commission
16-12    may consider the different times at which similar expenditures
16-13    would be necessary for an assured isolation facility as compared to
16-14    a disposal facility, the different expenditures necessary for those
16-15    types of facilities, and the different life-cycle costs for those
16-16    types of facilities.
16-17          Sec. 402.021.  TIER 2 CRITERIA.  The commission shall adopt
16-18    tier 2 criteria to evaluate:
16-19                (1)  the suitability of facilities at the site that are
16-20    associated with permanent management and the adequacy of their
16-21    engineering and design;
16-22                (2)  the suitability of the proposed permanent
16-23    management facility for the chemical, radiological, and biological
16-24    characteristics of the low-level radioactive waste as classified
16-25    under the system established under Section 401.053;
16-26                (3)  whether the on-site improvements proposed for the
16-27    proposed permanent management facility meet the necessary capacity
 17-1    determined under Section 402.061; and
 17-2                (4)  whether the proposed permanent management would
 17-3    violate rules adopted under Section 402.060(b) or (c).
 17-4          Sec. 402.022.  TIER 3 CRITERIA.  The commission shall adopt
 17-5    tier 3 criteria to evaluate the applicant's:
 17-6                (1)  technical qualifications for management of
 17-7    low-level radioactive waste;
 17-8                (2)  experience in management and disposal of low-level
 17-9    radioactive waste and other radioactive materials;
17-10                (3)  previous operating practices in this state and
17-11    elsewhere, including the practices of a parent, subsidiary, or
17-12    affiliated entity of the applicant, related to radioactive
17-13    materials;
17-14                (4)  record of compliance with environmental statutes,
17-15    rules, and licenses in this state and in any other jurisdiction,
17-16    including the records of a parent, subsidiary, or affiliated entity
17-17    of the applicant;
17-18                (5)  training programs proposed for its employees whose
17-19    duties relate to the proposed permanent management facility;
17-20                (6)  monitoring, recordkeeping, and reporting plans;
17-21                (7)  low-level radioactive waste spill detection and
17-22    cleanup plans for the proposed permanent management facility;
17-23                (8)  decommissioning and post-closure plans for the
17-24    proposed permanent management facility;
17-25                (9)  security plans for the proposed permanent
17-26    management facility;
17-27                (10)  monitoring and protection plans for workers at
 18-1    the proposed permanent management facility;
 18-2                (11)  emergency plans;
 18-3                (12)  plans for background monitoring of the proposed
 18-4    permanent management facility during the license period, including
 18-5    analysis of the ambient conditions of the site and analysis of
 18-6    established trends of the site's natural parameters, including:
 18-7                      (A)  natural background radioactivity levels;
 18-8                      (B)  radon gas levels;
 18-9                      (C)  air particulate levels;
18-10                      (D)  soil characteristics, including the chemical
18-11    characteristics;
18-12                      (E)  surface water and groundwater
18-13    characteristics; and
18-14                      (F)  flora and fauna at the site; and
18-15                (13)  ability to adequately manage the proposed
18-16    permanent management facility for the term of the license.
18-17          Sec. 402.023.  TIER 4 CRITERIA.  The commission shall adopt
18-18    tier 4 criteria to evaluate:
18-19                (1)  the compatibility of uses of land near the
18-20    proposed permanent management facility that could be affected by
18-21    the construction and operation of the facility; and
18-22                (2)  possible socioeconomic effects of the proposed
18-23    permanent management facility, its operation, and related
18-24    transportation of low-level radioactive waste to the facility on
18-25    communities in the host county.
18-26          Sec. 402.024.  ADDITIONAL CRITERIA.  The commission by rule
18-27    may adopt other criteria it finds necessary to protect the public
 19-1    health or safety or the environment.  The commission shall specify
 19-2    for each additional criterion the tier within which the criterion
 19-3    will be weighed.
 19-4          Sec. 402.025.  PROPOSED RECOMMENDATION FOR LICENSING HEARING.
 19-5    (a)  Immediately on completing the technical review under Section
 19-6    402.019, the executive director shall:
 19-7                (1)  issue a draft license for the application selected
 19-8    and determined by the executive director to be technically
 19-9    sufficient; and
19-10                (2)  issue a proposed recommendation with written
19-11    assessment based upon the technical review and evaluation of the
19-12    applications under Section 402.019.
19-13          (b)  Upon issuance of the draft license and proposed
19-14    recommendation with written assessment, the chief clerk of the
19-15    commission shall refer the application to the State Office of
19-16    Administrative Hearings for a contested case on the license
19-17    application.
19-18          (c)  The executive director shall publish, at the applicant's
19-19    expense, notice of the draft license, proposed recommendation with
19-20    written assessment, and the time and place of the contested hearing
19-21    at the State Office of Administrative Hearings.  The notice shall
19-22    include a statement that the draft license and proposed
19-23    recommendation with written assessment are available for review on
19-24    the commission's website, at the offices of the commission, and in
19-25    the county in which a site for the proposed permanent management
19-26    facility is located.  Notice shall be published, no later than 30
19-27    days before the date of the contested hearing, in a newspaper of
 20-1    general circulation in each county in which a site for the proposed
 20-2    permanent management facility is located.  Notice shall also be
 20-3    published in the Texas Register no later than 30 days before the
 20-4    date of the contested hearing.  The applicant shall mail notice of
 20-5    the contested hearing by certified mail to each person who owns
 20-6    land adjacent to the site of the proposed permanent management
 20-7    facility.
 20-8          Sec. 402.026.  CONTESTED CASE; FINAL ACTION ON APPLICATION.
 20-9    (a)  An administrative law judge of the State Office of
20-10    Administrative Hearings shall conduct a contested case hearing on
20-11    the application and draft license sent to the office under Section
20-12    402.025(b) on the issue of whether, according to the weighted
20-13    criteria established under Sections 402.020-402.024 and the
20-14    technical sufficiency of the application, the application and draft
20-15    license should be approved.  At least part of the hearing must be
20-16    held in the county in which the proposed permanent management
20-17    facility will be located.
20-18          (b)  The administrative law judge may not admit as a party to
20-19    the contested case hearing a person other than the applicant, the
20-20    executive director, or a person who demonstrates that:
20-21                (1)  the person has a justiciable interest because the
20-22    person has suffered or will suffer actual injury or economic damage
20-23    if the proposed permanent management facility license is issued;
20-24    and
20-25                (2)  if the person is not a local government, the
20-26    person is:
20-27                      (A)  a resident of the county, or a county
 21-1    adjacent to the county, in which the permanent management facility
 21-2    is proposed to be located; or
 21-3                      (B)  doing business in, or has a legal interest
 21-4    in land located in, a county described by Paragraph (A).
 21-5          (c)  The administrative law judge shall issue a proposal for
 21-6    decision not later than the first anniversary of the date the case
 21-7    was referred under Section 402.025(b).
 21-8          (d)  The commission shall take final action on the proposal
 21-9    for decision of the administrative law judge on or before the 90th
21-10    day after the date of the proposal.
21-11          Sec. 402.027.  MEDIATION.  (a)  The administrative law judge
21-12    may appoint one or more mediators to facilitate the settlement of
21-13    disputes among parties to the hearing under Section 402.026.
21-14          (b)  The administrative law judge may provide for mediation
21-15    sessions to take place before or during the hearing.
21-16          Sec. 402.028.  JUDICIAL REVIEW.  (a)  Notwithstanding any
21-17    other law, including Subchapter I, Chapter 5, Water Code, a person
21-18    affected by an action of or by inaction of the executive director
21-19    or the commission under this subchapter may file a petition for
21-20    judicial review of the action only after the commission takes final
21-21    action on a license application under Section 402.026(d).  A
21-22    petition must be filed not later than the 30th day after the date
21-23    of the final action.
21-24          (b)  In its review of an action under this subchapter, a
21-25    court may not substitute its judgment for the judgment of the
21-26    executive director or the commission on the weight of the evidence
21-27    the executive director or commission considered, but:
 22-1                (1)  may affirm the action in whole or in part; and
 22-2                (2)  shall reverse or remand the case for further
 22-3    proceedings if substantial rights of the petitioner have been
 22-4    prejudiced because the administrative findings, inferences,
 22-5    conclusions, or decisions:
 22-6                      (A)  are in violation of a constitutional or
 22-7    statutory provision;
 22-8                      (B)  are in excess of the agency's statutory
 22-9    authority;
22-10                      (C)  are made through unlawful procedure;
22-11                      (D)  are affected by other error of law;
22-12                      (E)  are not reasonably supported by substantial
22-13    evidence considering the reliable and probative evidence in the
22-14    record as a whole; or
22-15                      (F)  are arbitrary or capricious or characterized
22-16    by abuse of discretion or clearly unwarranted exercise of
22-17    discretion.
22-18          Sec. 402.029.  ISSUANCE OF LICENSE; CONVEYANCE OF FACILITY.
22-19    (a)  The commission may issue the permanent management license to
22-20    an applicant only after the applicant has conveyed to the state in
22-21    fee at no cost to the state all right, title, and interest to the
22-22    land on which the proposed permanent management facility is to be
22-23    located together with all improvements on and requisite rights of
22-24    access to that property.  If the permanent management license to be
22-25    issued would allow the disposal of federal facility waste at a
22-26    separate adjacent facility, the property required to be conveyed
22-27    under this section is limited to the property used for disposal of
 23-1    waste described by Section 402.012(b).  Title to the separate
 23-2    adjacent facility for disposal of federal facility waste may be
 23-3    transferred only as provided by federal law and by the contract
 23-4    executed as required by Section 402.030(c).
 23-5          (b)  The transfer of property under this section does not
 23-6    relieve the permanent management license holder of liability for an
 23-7    act or omission before the transfer or while the property is in the
 23-8    possession and control of the license holder.
 23-9          (c)  The title and all related rights and interest in
23-10    property conveyed under this section are the property of the
23-11    commission on the state's behalf.  The commission may administer
23-12    the property in the name of the state.
23-13          Sec. 402.030.  LICENSE CONDITIONS.  (a)  The permanent
23-14    management license must specify that the commission:
23-15                (1)  has the right to monitor and inspect at any time
23-16    the permanent management facility, activities at the facility, and
23-17    all records related to activities at the facility; and
23-18                (2)  may revoke or suspend the license if the permanent
23-19    management license holder fails to comply with:
23-20                      (A)  a condition of the license or of any other
23-21    authorization issued for the permanent management facility by the
23-22    commission, another state agency, or the federal government; or
23-23                      (B)  any state or federal law or rule related to
23-24    the operation of the permanent management facility.
23-25          (b)  The holder of the permanent management license may not
23-26    take any action under the license until the holder has all federal
23-27    and state licenses or other authorizations necessary to take the
 24-1    action.
 24-2          (c)  The permanent management license may not authorize the
 24-3    license holder to accept federal facility waste at a separate
 24-4    adjacent facility unless the license holder and the secretary of
 24-5    energy have executed a binding contract, with terms accepted by the
 24-6    executive director, under which the secretary of energy, as
 24-7    provided by Section 151(b) of the federal Nuclear Waste Policy Act
 24-8    of 1982 (42 U.S.C. Section 10171), as amended, shall assume title
 24-9    and custody of the waste accepted and disposed of at the separate
24-10    adjacent facility and the land on which the waste is disposed of.
24-11          Sec. 402.031.  TERM OF LICENSE.  The permanent management
24-12    license expires on the 35th anniversary of the date of its
24-13    issuance.
24-14          Sec. 402.032.  FINANCIAL SECURITY.  (a)  In this section
24-15    "security" has the meaning assigned by Section 401.109(c).
24-16          (b)  The commission shall require the permanent management
24-17    license holder to provide financial security acceptable to the
24-18    commission to assure performance of the license holder's
24-19    obligations under this chapter and rules adopted under this
24-20    chapter.
24-21          (c)  The amount and type of security required shall be
24-22    determined as provided by commission rules in accordance with
24-23    criteria specified by those rules, including:
24-24                (1)  the need for and scope of decontamination,
24-25    decommissioning, reclamation, or disposal activity reasonably
24-26    required to protect the public health and safety and the
24-27    environment;
 25-1                (2)  reasonable estimates of the cost of
 25-2    decontamination, decommissioning, reclamation, and disposal as
 25-3    projected by the commission under Section 402.063;
 25-4                (3)  reasonable estimates of the costs of corrective
 25-5    actions that may be ordered under Section 402.092; and
 25-6                (4)  the cost of perpetual maintenance and
 25-7    surveillance, if any.
 25-8          Sec. 402.033.  REVIEW OF QUALIFICATIONS AND SECURITY.  The
 25-9    commission annually shall reevaluate the financial qualifications
25-10    of and security provided by the permanent management license holder
25-11    under this chapter.  The commission may require the license holder
25-12    to adjust the amount of security provided in accordance with the
25-13    reevaluation.  The reevaluation may coincide with license renewal
25-14    procedures in the year the license is scheduled to expire.
25-15          Sec. 402.034.  LICENSE NOT TRANSFERABLE.  The permanent
25-16    management license is not transferable.
25-17          Sec. 402.035.  RENEWAL OF LICENSE.  (a)  The commission may
25-18    renew a permanent management license as provided by this section
25-19    for a period determined by the commission not to exceed 10 years.
25-20          (b)  The commission by rule shall adopt reasonable procedures
25-21    for renewal of the permanent management license.  The rules must
25-22    include:
25-23                (1)  procedures for:
25-24                      (A)  notifying the license holder that the
25-25    license is scheduled for review for renewal; and
25-26                      (B)  reviewing and acting on an application for
25-27    renewal;
 26-1                (2)  general requirements for an application for
 26-2    renewal; and
 26-3                (3)  a date by which the license holder must apply for
 26-4    renewal, which must be not less than six and not more than 18
 26-5    months before the date the license expires.
 26-6          (c)  The commission shall give public notice of and hold at
 26-7    least one public meeting on the renewal application in the county
 26-8    in which the permanent management facility is located.  A meeting
 26-9    under this subsection is not a contested case hearing under Chapter
26-10    2001, Government Code.
26-11          (d)  The license holder shall post notice of the meeting
26-12    during the three weeks preceding the meeting at:
26-13                (1)  the offices of the governing body of the county in
26-14    which the permanent management facility is located;
26-15                (2)  the offices of the governing body of the
26-16    municipality located closest to the permanent management facility;
26-17    and
26-18                (3)  at least one other prominent public place.
26-19          (e)  At least once each week during the three weeks preceding
26-20    a public meeting held under this section, the license holder shall
26-21    publish notice of the meeting in the newspaper with the greatest
26-22    circulation that is published in the county in which the permanent
26-23    management facility is located.  If no newspaper is published in
26-24    the county, the license holder shall publish the notices in a
26-25    newspaper of general circulation in the county.
26-26          Sec. 402.036.  LICENSE AMENDMENTS.  (a)  The commission on
26-27    its own motion or on application by the permanent management
 27-1    license holder may amend the permanent management license after a
 27-2    public meeting.  The commission shall give notice of the meeting by
 27-3    publication in the Texas Register and in a newspaper of general
 27-4    circulation in the county in which the permanent management
 27-5    facility is located on or before the 30th day before the date of
 27-6    the meeting.
 27-7          (b)  If the proposed amendment constitutes a major amendment
 27-8    under commission rules, the commission shall provide for the
 27-9    opportunity for a contested case proceeding.
27-10          (c)  The commission by rule shall adopt standards and
27-11    procedures for amending the permanent management license.
27-12          (d)  The commission shall ensure that any amendment of the
27-13    permanent management license does not contravene federal
27-14    requirements or state law.
27-15          (e)  An amendment may take effect immediately upon final
27-16    commission action.
27-17          Sec. 402.037.  LICENSES AND RULES TO COMPLY WITH FEDERAL
27-18    STANDARDS.  The commission may adopt rules and amend a permanent
27-19    management license as necessary for compliance with federal
27-20    standards for facilities and sites for the disposal of low-level
27-21    radioactive waste, including federal facility waste, and for
27-22    assured isolation of low-level radioactive waste intended for
27-23    conversion to on-site disposal.
27-24          Sec. 402.038.  APPROVAL BY REFERENDUM OR ELECTION.  (a)  Not
27-25    later than the 30th day after the date a commissioners court
27-26    receives notice from the commission under Section 402.016(c) that a
27-27    prospective applicant for a permanent management license has filed
 28-1    a notice of intent under that section, the commissioners court
 28-2    shall:
 28-3                (1)  adopt a resolution approving or denying approval
 28-4    of the construction and operation of the permanent management
 28-5    facility in the county; or
 28-6                (2)  order an election on the question of whether the
 28-7    voters of the county approve of the construction and operation of
 28-8    the permanent management facility in the county.
 28-9          (b)  The commissioners court shall call an election on the
28-10    question of whether the voters of the county approve of the
28-11    construction and operation of the permanent management facility in
28-12    the county if:
28-13                (1)  the commissioners court adopts a resolution under
28-14    Subsection (a)(1); and
28-15                (2)  before the 61st day after the date the
28-16    commissioners court receives the notice from the commission under
28-17    Section 402.016(c), the commissioners court receives a petition
28-18    requesting an election under this section be ordered signed by a
28-19    number of voters of the county who were registered on the date the
28-20    county received the notice that is equal to or greater than 20
28-21    percent of the number of registered voters in the county.
28-22          (c)  The election must be held as provided by the Election
28-23    Code, except that Section 41.001(a), Election Code, does not apply
28-24    to the election.  The election must be held not later than the 45th
28-25    day after the date on which the order to hold the election is
28-26    issued.
28-27          (d)  The ballot for the election shall be printed to allow
 29-1    voting for or against a proposition with the following
 29-2    language:  "Are you in favor of (name of county) being the host
 29-3    county for a permanent management facility for low-level
 29-4    radioactive waste?  Yes ( ) / No ( )."
 29-5          (e)  The commissioners court shall certify whether a proposed
 29-6    permanent management facility described by a ballot proposition is
 29-7    approved by a majority of votes cast in the election not later than
 29-8    the 10th day after the date of the election.  [TEXAS LOW-LEVEL
 29-9    RADIOACTIVE WASTE DISPOSAL AUTHORITY.  (a)  The Texas Low-Level
29-10    Radioactive Waste Disposal Authority is a state agency created
29-11    under Article XVI, Section 59(a), of the Texas Constitution.]
29-12          [(b)  The authority has statewide jurisdiction.]
29-13          [Sec. 402.013.  BOARD OF DIRECTORS.  (a)  A board of
29-14    directors composed of six members shall manage and control the
29-15    authority and administer and implement this chapter.]
29-16          [(b)  The governor shall appoint the following members of the
29-17    board with the advice and consent of the senate:]
29-18                [(1)  one doctor of medicine or doctor of osteopathic
29-19    medicine licensed to practice medicine in this state;]
29-20                [(2)  one certified health physicist;]
29-21                [(3)  one attorney licensed to practice law in this
29-22    state;]
29-23                [(4)  one geologist; and]
29-24                [(5)  two persons who represent the public.]
29-25          [(c)  After a disposal site is selected under Section
29-26    402.090, the governor shall appoint to the board, at the earliest
29-27    opportunity, at least one representative of the public as a
 30-1    representative of local interests.  A representative of the public
 30-2    appointed to represent local interests must be a resident of the
 30-3    host county.  The representative may not be an elected county
 30-4    official or a county employee.]
 30-5          [Sec. 402.014.  SPECIAL LIMITATIONS ON PUBLIC MEMBERS.  A
 30-6    member of the board who represents the public or a person related
 30-7    within the second degree by affinity or within the third degree by
 30-8    consanguinity, as determined under Chapter 573, Government Code, to
 30-9    that member may not be an employee of or otherwise have a financial
30-10    interest in any person who has a contract with or who uses the
30-11    services of a site in the United States for storing, processing, or
30-12    disposing of low-level radioactive waste.]
30-13          [Sec. 402.015.  TERM OF OFFICE.  Board members serve for
30-14    staggered six-year terms, with the terms of two members expiring
30-15    February 1 of each odd-numbered year.]
30-16          [Sec. 402.016.  VACANCY.  A vacancy on the board shall be
30-17    filled for the unexpired term in the manner provided by Section
30-18    402.013(b) for selection of board members.]
30-19          [Sec. 402.017.  ORGANIZATION OF BOARD.  Every two years after
30-20    board members are regularly appointed and have qualified for office
30-21    by taking the oath, the board shall meet at the authority's central
30-22    office, organize by selecting officers, and begin to discharge its
30-23    duties.]
30-24          [Sec. 402.018.  OFFICERS.  (a)  At the first meeting after
30-25    new members are regularly appointed to the board, the members of
30-26    the board shall select from their members a chairman,
30-27    vice-chairman, and secretary who serve for two-year terms.]
 31-1          [(b)  The chairman shall preside at meetings of the board,
 31-2    and in the chairman's absence, the vice-chairman shall preside.]
 31-3          [(c)  The chairman, vice-chairman, and secretary shall
 31-4    perform the duties and may exercise the powers specifically given
 31-5    to them by this chapter or by orders of the board.]
 31-6          [Sec. 402.019.  COMPENSATION.  A board member is entitled to
 31-7    compensation as provided by the authority's budget.]
 31-8          [Sec. 402.020.  AUTHORITY OFFICES.  The board shall maintain:]
 31-9                [(1)  a central office in the city of Austin for
31-10    conducting the authority's business; and]
31-11                [(2)  an authority office at each disposal site under
31-12    construction or operated under this chapter.]
31-13          [Sec. 402.021.  BOARD MEETINGS.  (a)  The board shall hold
31-14    regular quarterly meetings on dates established by board rule and
31-15    shall hold special meetings at the call of the chairman or on the
31-16    written request of one board member to the chairman.]
31-17          [(b)  In accordance with Chapter 551, Government Code, the
31-18    board shall hold an annual meeting in the host county with
31-19    officials and representatives of political subdivisions of the host
31-20    county to discuss concerns relating to that disposal site.]
31-21          [Sec. 402.022.  OFFICIAL ACTS.  To be valid, an official act
31-22    must receive the affirmative vote of a majority of the board
31-23    members.]
31-24          [Sec. 402.023.  MINUTES AND RECORDS.  (a)  The board shall
31-25    keep a complete written account of its meetings and other
31-26    proceedings and shall preserve its minutes, contracts, plans,
31-27    notices, accounts, receipts, and records of all kinds in a secure
 32-1    manner.]
 32-2          [(b)  Minutes, contracts, plans, notices, accounts, receipts,
 32-3    and other records are the property of the authority and are subject
 32-4    to public inspection.]
 32-5          [Sec. 402.024.  GENERAL MANAGER.  (a)  The board shall employ
 32-6    a general manager to be the chief administrative officer of the
 32-7    authority.  The board may delegate to the general manager the
 32-8    authority to manage and operate the affairs of the authority
 32-9    subject only to orders of the board.]
32-10          [(b)  The general manager shall execute a bond in an amount
32-11    determined by the board, payable to the authority, and conditioned
32-12    on the faithful performance of the general manager's duties.  The
32-13    authority shall pay for the bond.]
32-14          [(c)  The general manager is entitled to compensation as
32-15    provided by the authority's budget.]
32-16          [Sec. 402.025.  AUTHORITY EMPLOYEES.  (a)  The general
32-17    manager may employ persons necessary for the proper handling of the
32-18    business and operation of the authority.]
32-19          [(b)  The board shall determine the terms of employment.]
32-20          [Sec. 402.026.  SEAL.  The board shall adopt a seal for the
32-21    authority.]
32-22          [Sec. 402.027.  CONTRACTS.  The chairman shall execute and
32-23    the secretary shall attest to any contracts under this chapter in
32-24    the name of the authority.]
32-25          [Sec. 402.028.  CONTRACTS OVER $15,000.  (a)  If the
32-26    estimated amount of a proposed contract for the purchase of
32-27    materials, machinery, equipment, or supplies is more than $15,000,
 33-1    the board shall ask for competitive bids as provided by Subchapter
 33-2    B, Chapter 271, Local Government Code.]
 33-3          [(b)  This section does not apply to purchases of property
 33-4    from public agencies or to contracts for personal or professional
 33-5    services.]
 33-6          [Sec. 402.029.  SUITS.  (a)  The authority, through the
 33-7    board, may sue and be sued in the name of the authority in any
 33-8    court of this state, except as to matters pertaining to the site
 33-9    selection and licensing of a disposal facility within the
33-10    geographical area of Hudspeth County, Texas, described in Section
33-11    402.0921, which suits may only be brought in the courts of Travis
33-12    County, Texas.]
33-13          [(b)  In a suit against the authority, citation may be served
33-14    on the general manager.]
33-15          [(c)  Any judgment, injunction, declaration, or writ issued
33-16    against the authority by a Texas court other than the supreme court
33-17    of Texas that is related to the site selection or licensing of a
33-18    disposal facility within the geographical area of Hudspeth County,
33-19    Texas, described in Section 402.0921 shall be automatically
33-20    suspended upon the filing by the authority of a notice of appeal or
33-21    other submission to a higher court challenging the judgment,
33-22    injunction, declaration, or writ.  No Texas court other than the
33-23    Texas supreme court shall have any power to decline or otherwise
33-24    affect the automatic suspension pending appeal in such case related
33-25    to Hudspeth County, Texas.]
33-26          [Sec. 402.030.  PAYMENT OF JUDGMENT.  A court of this state
33-27    that renders a money judgment against the authority may require the
 34-1    board to pay the judgment from fees collected under this chapter.]
 34-2          [Sec. 402.031.  CITIZENS ADVISORY COMMITTEE.  (a)  The board
 34-3    shall create a citizens advisory committee to perform oversight
 34-4    functions over a disposal site.]
 34-5          [(b)  The committee shall begin to perform its functions not
 34-6    earlier than the 30th day after the date on which construction of
 34-7    the disposal site begins.]
 34-8          [(c)  Members of the committee shall be appointed for
 34-9    three-year terms by the board after consultation with officials of
34-10    political subdivisions in the host county.]
34-11          [(d)  The committee shall:]
34-12                [(1)  conduct independent monitoring of disposal site
34-13    activities as authorized by guidelines adopted by the board;]
34-14                [(2)  make recommendations to the board concerning
34-15    operations at the disposal site; and]
34-16                [(3)  execute any other review and monitoring functions
34-17    as recommended by the committee and approved by the board.]
34-18          [(e)  Reasonable notice as required by the board must be
34-19    given to the manager of a disposal site before a committee member
34-20    enters a disposal site to exercise any function authorized by this
34-21    section.  The board shall provide for quarterly unannounced
34-22    inspections of disposal site activities.]
34-23          [Sec. 402.032.  AUTHORITY PURCHASE.  A purchase by the
34-24    authority of supplies, materials, services, or equipment necessary
34-25    to prepare, construct, or operate a disposal site is exempt from
34-26    the purchasing requirements of Subtitle D, Title 10, Government
34-27    Code.]
 35-1          SECTION 6.  The heading to Subchapter C, Chapter 402, Health
 35-2    and Safety Code, is amended to read as follows:
 35-3         SUBCHAPTER C.  ADMINISTRATIVE CONTROL [POWERS AND DUTIES]
 35-4          SECTION 7.  Sections 402.051, 402.053, 402.054, 402.057,
 35-5    402.058, and 402.059, Health and Safety Code, are amended to read
 35-6    as follows:
 35-7          Sec. 402.051.  JURISDICTION OVER PERMANENT MANAGEMENT
 35-8    FACILITY [DISPOSAL SITE].  (a)  The commission [authority] has
 35-9    exclusive statewide jurisdiction over permanent management facility
35-10    site selection, preparation, construction, operation, maintenance,
35-11    decommissioning, closing, post-closure institutional control, and
35-12    financing [of disposal sites].
35-13          (b)  The commission may take any action regarding low-level
35-14    radioactive waste that is necessary to protect the public health
35-15    and safety and the environment, including monitoring or maintenance
35-16    of permanent management activities and measures to prevent or
35-17    alleviate an emergency involving low-level radioactive waste.
35-18          Sec. 402.053.  GENERAL POWERS.  To carry out this chapter,
35-19    the commission [authority] may:
35-20                (1)  apply for, receive, accept, and administer gifts,
35-21    grants, and other funds available from any source;
35-22                (2)  contract with the federal government, the state,
35-23    interstate agencies, local governmental entities, and private
35-24    entities to carry out this chapter and rules, standards, and orders
35-25    adopted under this chapter;
35-26                (3)  conduct, request, and participate in studies,
35-27    investigations, and research relating to selection, preparation,
 36-1    construction, operation, maintenance, decommissioning, closing, and
 36-2    financing of a permanent management facility and permanent
 36-3    management [disposal sites and disposal of low-level radioactive
 36-4    waste]; and
 36-5                (4)  advise, consult, and cooperate with the federal
 36-6    government, the state, interstate agencies, local governmental
 36-7    entities in this state, and private entities.
 36-8          Sec. 402.054.  RULES, STANDARDS, AND ORDERS.  The commission
 36-9    [board] may adopt rules, standards, and orders necessary to
36-10    properly carry out this chapter and to protect the public health
36-11    and safety and the environment from the [authority's] activities
36-12    required for permanent management.
36-13          Sec. 402.057.  REPORTS TO LEGISLATURE.  Not later than the
36-14    60th day before the date each regular legislative session convenes,
36-15    the commission [authority] shall submit to the appropriate
36-16    legislative committees a biennial report that serves as a basis for
36-17    periodic oversight hearings on the commission's [authority's]
36-18    operations under this chapter and on the status of interstate
36-19    compacts and agreements.  The report shall also discuss the status
36-20    of funds held, expended, or disbursed by the host county under
36-21    Section 402.252.
36-22          Sec. 402.058.  HEALTH SURVEILLANCE SURVEY.  The department
36-23    [board], in cooperation with the commission[, the Texas Department
36-24    of Health,] and local public health officials, shall develop a
36-25    health surveillance survey for the population located in the
36-26    vicinity of a permanent management facility [disposal site].
36-27          Sec. 402.059.  POWER TO ENTER PROPERTY.  (a)  The commission
 37-1    and [authority,] its employees, contractors, and agents may enter
 37-2    public or private property to assess the suitability of land for a
 37-3    permanent management facility to be licensed under this chapter
 37-4    [disposal site in Hudspeth County, Texas].
 37-5          (b)  Prior to entering the property, the commission
 37-6    [authority] shall:
 37-7                (1)  give written notice to the landowner of the
 37-8    purpose, extent, types of assessment activities to be conducted,
 37-9    and probable duration of the entry; and
37-10                (2)  [, and shall] cooperate with the landowner to
37-11    minimize, insofar as possible, any inconvenience to the landowner.
37-12          (c)  The commission is [authority shall be] liable to the
37-13    landowner for reasonable damages to the land that may result from
37-14    the commission's activities under this section [authority's
37-15    activities.]
37-16          [(d)  This section applies to property located in whole or in
37-17    part in the geographical area of Hudspeth County, Texas, specified
37-18    in Section 402.0921 of this chapter].
37-19          SECTION 8.  Subchapter C, Chapter 402, Health and Safety
37-20    Code, is amended by adding Sections 402.060 through 402.063 to read
37-21    as follows:
37-22          Sec. 402.060.  METHODS AND PROCEDURES FOR PERMANENT
37-23    MANAGEMENT OF LOW-LEVEL RADIOACTIVE WASTE AND DISPOSAL OF FEDERAL
37-24    FACILITY WASTE.  (a)  The commission by rule shall prescribe
37-25    acceptable permanent management methods and procedures.  The rules
37-26    shall be designed to protect the public health and the environment
37-27    from hazards presented by the radioactive and nonradioactive
 38-1    characteristics of low-level radioactive waste during and after its
 38-2    disposal or assured isolation and in case of failure to contain the
 38-3    low-level radioactive waste during or after its disposal or assured
 38-4    isolation.
 38-5          (b)  The commission by rule shall prohibit disposal of
 38-6    low-level radioactive waste as the low-level radioactive waste is
 38-7    received at the permanent management facility by burial in an
 38-8    unlined land disposal unit with no technical enhancements designed
 38-9    to contain low-level radioactive waste.
38-10          (c)  The commission by rule shall prohibit disposal in a
38-11    landfill below the natural level of the permanent management
38-12    facility site unless:
38-13                (1)  regulatory programs of this state or the federal
38-14    government for low-level radioactive waste preclude or recommend
38-15    against aboveground disposal or the commission by rule has
38-16    determined that belowground disposal provides greater protection
38-17    than aboveground disposal for public health and the environment for
38-18    the period for which the low-level radioactive waste will continue
38-19    to pose a hazard to public health and the environment;
38-20                (2)  the disposal facility is designed and operated in
38-21    a manner consistent with criteria of the United States Nuclear
38-22    Regulatory Commission for the disposal of low-level radioactive
38-23    waste; and
38-24                (3)  the low-level radioactive waste is contained in
38-25    such a manner that it can be monitored and retrieved.
38-26          (d)  The commission by rule shall prohibit disposal of liquid
38-27    low-level radioactive waste unless the waste is solidified or
 39-1    packaged in sufficient absorbent material to absorb twice the
 39-2    volume of the liquid.
 39-3          (e)  The commission by rule shall prohibit disposal of
 39-4    low-level radioactive waste containing free standing liquid in
 39-5    excess of one percent of the volume.
 39-6          Sec. 402.0605.  FEDERAL FACILITY WASTE DISPOSAL.  (a)  The
 39-7    commission by rule shall provide that a permanent management
 39-8    facility, the permit for which allows the disposal of federal
 39-9    facility waste, may accept federal facility waste for disposal only
39-10    at a separate and distinct facility adjacent to the facility at
39-11    which permanent management of waste described by Section 402.012(b)
39-12    is conducted.  The adjacent facilities must be separated by a
39-13    distance of not less than 440 yards and not more than a distance
39-14    determined by the commission.
39-15          (b)  The commission by rule and by permit conditions shall
39-16    restrict the amount and type of federal facility waste the
39-17    permanent management license holder may accept at the separate
39-18    adjacent facility and the rate at which the federal facility waste
39-19    may be accepted at the permanent management facility.  The
39-20    restrictions must be based on the performance objective established
39-21    by 10 C.F.R. Section 61.41.
39-22          (c)  The commission may provide separate rules for the
39-23    management and disposal of federal facility waste at the separate
39-24    adjacent facility under the license and for permanent management at
39-25    the permanent management facility of waste described by Section
39-26    402.012(b) as necessary or useful to ensure that the acceptance,
39-27    management, and disposal of federal facility waste at the permanent
 40-1    management facility does not pose a greater risk to human health
 40-2    and the environment than the acceptance and permanent management of
 40-3    the waste described by Section 402.012(b) at the permanent
 40-4    management facility.  The rules must provide that the permanent
 40-5    management license holder:
 40-6                (1)  may not allow the United States Department of
 40-7    Energy to own or control the permanent management facility,
 40-8    including the separate adjacent facility, except as provided by
 40-9    Sections 402.030(c) and 402.100(2)(B); and
40-10                (2)  may not accept from the United States Department
40-11    of Energy the status of prime contractor in relation to activities
40-12    at the permanent management facility or separate adjacent facility.
40-13          (d)  The rules must provide that the permanent management
40-14    facility may not commingle waste described by Section 402.012(b)
40-15    with federal facility waste.
40-16          Sec. 402.061.  DETERMINATION OF NECESSARY PERMANENT
40-17    MANAGEMENT CAPACITY.  (a)  In conjunction with the compact
40-18    commission, the commission by rule shall determine the capacity for
40-19    permanent management necessary to meet:
40-20                (1)  the terms of the compact; and
40-21                (2)  the needs presented by low-level radioactive waste
40-22    generated in this state.
40-23          (b)  In making the determination, the commission shall
40-24    consider the volume of low-level radioactive waste generated by
40-25    type and source categories for the expected life of the licensed
40-26    permanent management facility, including low-level radioactive
40-27    waste generated from decommissioning nuclear power plants.
 41-1          Sec. 402.062.  CRITERIA FOR QUALIFIED PERMANENT MANAGEMENT
 41-2    FACILITY.  (a)  The commission by rule shall establish standards
 41-3    and criteria that the site and on-site improvements of the
 41-4    permanent management facility must meet to qualify for disposal or
 41-5    assured isolation and the processing, packaging, and storage to be
 41-6    authorized by the permanent management license.  The criteria and
 41-7    standards must be at least as stringent as the federal requirements
 41-8    for disposal.  The commission by rule may impose specific design
 41-9    criteria or performance-based design criteria for the facility's
41-10    improvements.
41-11          (b)  The standards and criteria must address factors
41-12    affecting the permanent management facility's adequacy to safely
41-13    contain disposed, isolated, or managed low-level radioactive waste,
41-14    including the:
41-15                (1)  geology;
41-16                (2)  topography;
41-17                (3)  surface and underground hydrology;
41-18                (4)  proximity to population centers and population
41-19    density;
41-20                (5)  flora and fauna present at and in the vicinity of
41-21    the site; and
41-22                (6)  uses of land in the vicinity of the site.
41-23          (c)  The commission shall set standards for, and shall
41-24    require the permanent management facility to provide, safeguards
41-25    against hazards from local conditions, including risks from:
41-26                (1)  active tectonic processes, including earthquakes
41-27    and other seismic activity;
 42-1                (2)  movements and uses of groundwater, surface water,
 42-2    and storm water runoff;
 42-3                (3)  flooding and rainfall patterns;
 42-4                (4)  violent storms, including hurricanes, tornados,
 42-5    and lightning; and
 42-6                (5)  prevalent or seasonal winds or temperatures.
 42-7          Sec. 402.063.  PAYMENT FOR MAINTENANCE, SURVEILLANCE, OR
 42-8    OTHER CARE.  (a)  The commission may require the holder of the
 42-9    permanent management license to pay to the commission annually an
42-10    amount as determined by the commission if continuing or perpetual
42-11    maintenance, surveillance, or other care is required for the
42-12    permanent management facility after activities under the license
42-13    have terminated.  The commission shall have payments received under
42-14    this section deposited to the credit of the permanent management
42-15    facility decommissioning account.
42-16          (b)  The commission annually shall review the permanent
42-17    management license holder's payments under this section to
42-18    determine if the payment schedule is adequate for the maintenance
42-19    and surveillance that the permanent management facility requires or
42-20    may require in the future.
42-21          (c)  The commission may review estimates of costs that are
42-22    required to be incurred under this chapter in accordance with the
42-23    need, nature, and cost of decontamination, stabilization,
42-24    decommissioning, reclamation, and disposal activity and the
42-25    maintenance and surveillance required for public health and safety
42-26    and the environment.
42-27          (d)  The commission shall set the charges for maintenance and
 43-1    perpetual care at amounts consistent with existing technology.
 43-2          (e)  The commission may not impose charges that exceed the
 43-3    amount that the commission projects to be required for maintenance,
 43-4    surveillance, and other necessary care required after the licensed
 43-5    activity is terminated.
 43-6          (f)  An increase in costs may not be applied retroactively
 43-7    but may apply to increases in subsequent annual payments.
 43-8          SECTION 9.  Subchapter D, Chapter 402, Health and Safety
 43-9    Code, is amended to read as follows:
43-10             SUBCHAPTER D.  OPERATION OF PERMANENT MANAGEMENT
43-11            FACILITY [DISPOSAL SITE SELECTION AND ACQUISITION]
43-12          Sec. 402.081.  CONVEYANCE OF WASTE.  (a)  The permanent
43-13    management license holder shall convey to the state at no cost to
43-14    the state title to the low-level radioactive waste delivered to the
43-15    permanent management facility for disposal or assured isolation at
43-16    the time the waste is accepted at the facility for permanent
43-17    management.  This section does not apply to federal facility waste
43-18    accepted at the permanent management facility under rules and
43-19    permit provisions allowing for federal facility waste to be
43-20    disposed of at the permanent management facility.
43-21          (b)  The transfer of low-level radioactive waste under this
43-22    section does not relieve the permanent management license holder of
43-23    liability for an act or omission before the transfer or while the
43-24    waste is in the possession and control of the license holder.
43-25          (c)  The title and all related rights and interest in waste
43-26    conveyed under this section are the property of the commission on
43-27    the state's behalf.  The commission may administer the waste as
 44-1    property in the name of the state.
 44-2          Sec. 402.082.  EXCLUSIVE USE OF SITE.  The site on which the
 44-3    permanent management facility is located may be used only for
 44-4    permanent management under this chapter until the commission
 44-5    determines that another use would not endanger the health, safety,
 44-6    or welfare of the public or the environment.
 44-7          Sec. 402.083.  CONSTRUCTION AT PERMANENT MANAGEMENT FACILITY.
 44-8    (a)  The permanent management license holder is responsible for
 44-9    constructing facilities and improvements at the permanent
44-10    management facility and may engage a contractor for the
44-11    construction in accordance with commission rules.  The commission
44-12    may suspend the permanent management license if the permanent
44-13    management license holder has not completed the construction of the
44-14    permanent management facility on or before the first anniversary of
44-15    the date the license is issued.
44-16          (b)  The commission shall review plans for any construction
44-17    of a facility or improvement to be undertaken at the permanent
44-18    management facility to ensure that the site and on-site
44-19    improvements will meet the criteria adopted under Section 402.062.
44-20    The commission may order the permanent management license holder to
44-21    revise its construction plans in accordance with those criteria.
44-22          (c)  The commission shall monitor any construction at the
44-23    permanent management facility and by order may halt construction if
44-24    the construction fails to comply with federal or state standards or
44-25    rules or with the construction plans.  The commission may have the
44-26    construction work inspected by an engineer, an inspector, or other
44-27    specialized personnel.
 45-1          (d)  The commission by rule shall prohibit major construction
 45-2    relating to activities under the permanent management license until
 45-3    the proceedings required under Section 402.026, 402.035, or
 45-4    402.036, as applicable, are completed and the license or amendment
 45-5    is issued.
 45-6          Sec. 402.084.  COMMISSION AUTHORITY OVER FACILITY OPERATION.
 45-7    (a)  The commission shall ensure that the operation of the
 45-8    permanent management facility complies with state and federal law
 45-9    and the rules and standards of the commission and federal and other
45-10    state agencies that have jurisdiction over the management of
45-11    low-level radioactive waste.
45-12          (b)  The commission by rule or by conditions stated in the
45-13    permanent management license may regulate any aspect of the
45-14    operation of the permanent management facility in order to protect
45-15    the public health or safety or the environment.
45-16          (c)  The commission may take or may order the permanent
45-17    management license holder to take any action necessary to:
45-18                (1)  protect the public health or safety or the
45-19    environment; or
45-20                (2)  ensure the operation of the permanent management
45-21    facility complies with state and federal laws, rules, or standards.
45-22          (d)  The commission, in an emergency related to the operation
45-23    of the permanent management facility, may impound or order
45-24    impounded low-level radioactive waste or other material delivered
45-25    or intended for delivery to the facility.
45-26          Sec. 402.085.  RESIDENT INSPECTOR.  (a)  The commission shall
45-27    employ one or more resident inspectors to continuously monitor
 46-1    conditions of and operations at the permanent management facility.
 46-2          (b)  The permanent management license holder shall:
 46-3                (1)  provide facilities at the permanent management
 46-4    facility for each resident inspector; and
 46-5                (2)  cooperate fully with the activities of each
 46-6    resident inspector.
 46-7          (c)  A resident inspector may report any matter to the
 46-8    commission for investigation or enforcement.
 46-9          Sec. 402.086.  OUT-OF-STATE WASTE AND MIXED WASTE.
46-10    (a)  Except as provided by Subsections (b) and (c), the permanent
46-11    management license holder may not accept for permanent management:
46-12                (1)  low-level radioactive waste generated in another
46-13    state; or
46-14                (2)  mixed waste.
46-15          (b)  The permanent management license holder may accept
46-16    low-level radioactive waste generated in another state if the
46-17    low-level radioactive waste is accepted under the compact.
46-18          (c)  If the permanent management license allows the disposal
46-19    of federal facility waste, the permanent management license holder
46-20    may accept for disposal at the separate adjacent facility for
46-21    federal facility waste:
46-22                (1)  federal facility waste generated in another state;
46-23    or
46-24                (2)  mixed waste only if the mixed waste consists of
46-25    hazardous waste and low-level radioactive waste.
46-26          (d)  The permanent management license holder, in handling and
46-27    disposing of mixed waste described by Subsection (c)(2), shall
 47-1    comply with the federal Solid Waste Disposal Act (42 U.S.C. Section
 47-2    6901 et seq.), as amended, Chapter 361, and this chapter.
 47-3          Sec. 402.087.  EMERGENCY RESPONSE PLANNING.  (a)  The
 47-4    permanent management license holder shall develop and implement an
 47-5    emergency response plan in accordance with rules of the commission
 47-6    and the department to protect the public health and safety and the
 47-7    environment from potential threats the permanent management
 47-8    facility may present.
 47-9          (b)  The permanent management license holder shall cooperate
47-10    with and seek the cooperation of federal agencies responsible for
47-11    regulating low-level radioactive waste disposal or management sites
47-12    and of federal, state, and local agencies engaged in disaster
47-13    relief activities.
47-14          (c)  The permanent management license holder shall ensure
47-15    that facilities and equipment necessary to respond to an emergency
47-16    at the permanent management facility are available and in operation
47-17    before the operations at the facility begin.
47-18          (d)  The commission may require the permanent management
47-19    license holder to construct facilities and procure equipment
47-20    required to provide fire, police, and emergency medical services
47-21    needed to support the permanent management facility.  The
47-22    commission rules must provide standards for determining whether,
47-23    depending on needed facilities, the proximity of the community
47-24    nearest the facility, and other appropriate factors, the fire,
47-25    police, and emergency medical facilities and equipment must be
47-26    located at or proximate to the facility or in the nearest
47-27    community.
 48-1          Sec. 402.088.  GROUNDWATER PROTECTION.  (a)  The commission
 48-2    by rule shall adopt and enforce groundwater protection standards
 48-3    applicable to the permanent management facility that are compatible
 48-4    with federal standards adopted under the Atomic Energy Act of 1954
 48-5    (42 U.S.C. Section 2011 et seq.).
 48-6          (b)  In adopting rules related to standards regarding
 48-7    nonradioactive constituents, the commission shall consider the
 48-8    compatibility of those standards with the commission's groundwater
 48-9    protection standards adopted under other programs.
48-10          Sec. 402.089.  OPERATIONS AFTER LICENSE EXPIRATION,
48-11    SUSPENSION, OR REVOCATION.  (a)  The commission may take any action
48-12    necessary to ensure the safety of the facility in the absence of a
48-13    permanent management license holder if:
48-14                (1)  the permanent management license expires and, on
48-15    the expiration date, a renewed permanent management license has not
48-16    been issued to operate the permanent management facility; or
48-17                (2)  the permanent management license is revoked or
48-18    suspended.
48-19          (b)  A person whose permanent management license has expired
48-20    or has been revoked or suspended shall comply with orders of the
48-21    commission regarding activities at the permanent management
48-22    facility that are necessary to the continued safe operation or
48-23    closure of the facility or for corrective action.
48-24          (c)  The commission by order may authorize a person whose
48-25    permanent management license has expired to continue to operate the
48-26    permanent management facility in accordance with commission orders
48-27    until the commission issues another permanent management license to
 49-1    operate the facility.
 49-2          Sec. 402.090.  DECOMMISSIONING AND CLOSING PERMANENT
 49-3    MANAGEMENT FACILITY.  If the commission finds after notice and
 49-4    hearing that the permanent management facility should be closed,
 49-5    the permanent management license holder shall decommission the
 49-6    facility in compliance with federal and state law, rules, and
 49-7    standards and with rules and plans of the commission.
 49-8          Sec. 402.091.  EMERGENCY ORDERS.  (a)  If the commission
 49-9    finds an emergency exists related to low-level radioactive waste
49-10    that requires immediate action to protect the public health and
49-11    safety and the environment, the commission may issue an order
49-12    stating the existence of the emergency and requiring that action be
49-13    taken at the commission's direction to meet the emergency.  The
49-14    order may be issued without notice or hearing.
49-15          (b)  The order may take effect immediately.
49-16          (c)  A person to whom the order is directed shall comply
49-17    immediately with the order.
49-18          (d)  The commission shall provide a person to whom the order
49-19    is directed an opportunity for a hearing on written application to
49-20    the commission not later than the 30th day following the date the
49-21    order is issued.
49-22          (e)  The commission shall hold a requested hearing not
49-23    earlier than the 11th day and not later than the 20th day after the
49-24    date of receipt of the hearing application.
49-25          (f)  The commission shall continue, modify, or revoke the
49-26    order based on the hearing.
49-27          Sec. 402.092.  CORRECTIVE ACTION AND MEASURES.  (a)  If the
 50-1    commission finds that low-level radioactive waste threatens the
 50-2    public health and safety and the environment and that the permanent
 50-3    management license holder managing the low-level radioactive waste
 50-4    is unable to remove the threat, the commission by order may require
 50-5    any action, including a corrective measure, that is necessary to
 50-6    remove the threat.  The order may be issued without notice or a
 50-7    hearing.
 50-8          (b)  The commission shall use the security provided by the
 50-9    permanent management license holder under Section 402.032 to pay
50-10    the costs of actions that are taken or that are to be taken under
50-11    an order issued under this section. [DISPOSAL SITE SELECTION
50-12    STUDIES.  The authority shall make studies or contract for studies
50-13    to be made of the future requirements for disposal of low-level
50-14    radioactive waste in this state and to determine the areas of the
50-15    state that are relatively more suitable than others for low-level
50-16    radioactive waste disposal activities.]
50-17          [Sec. 402.082.  STUDY CRITERIA.  Studies required under
50-18    Section 402.081 must consider:]
50-19                [(1)  the volume of low-level radioactive waste
50-20    generated by type and source categories for the expected life of
50-21    the disposal site, including waste that may be generated from the
50-22    decommissioning of nuclear power plants located in this state;]
50-23                [(2)  geology;]
50-24                [(3)  topography;]
50-25                [(4)  transportation and access;]
50-26                [(5)  meteorology;]
50-27                [(6)  population density;]
 51-1                [(7)  surface and subsurface hydrology;]
 51-2                [(8)  flora and fauna;]
 51-3                [(9)  current land use;]
 51-4                [(10)  criteria established by the commission for
 51-5    disposal site selection;]
 51-6                [(11)  the proximity of the disposal site to sources of
 51-7    low-level radioactive waste, including related transportation
 51-8    costs, to the extent that the proximity and transportation costs do
 51-9    not interfere with selection of a suitable disposal site for
51-10    protecting public health and the environment;]
51-11                [(12)  other disposal site characteristics that may
51-12    need study on a preliminary basis and for which detailed study
51-13    would be required to prepare an application or license required for
51-14    disposal site operation; and]
51-15                [(13)  alternative management techniques, including
51-16    aboveground isolation facilities, waste processing and reduction at
51-17    the site of waste generation and at an authority management site,
51-18    and waste recycling.]
51-19          [Sec. 402.083.  CHOOSING SITES FOR FURTHER ANALYSIS.  On
51-20    completion of the studies required by Section 402.081, the board
51-21    shall choose at least two potential disposal sites for further
51-22    analysis.]
51-23          [Sec. 402.084.  EVALUATION OF POTENTIAL SITES.  (a)  For each
51-24    potential disposal site under Section 402.083, the authority shall
51-25    evaluate or contract for the evaluation of:]
51-26                [(1)  preoperating costs;]
51-27                [(2)  operating costs;]
 52-1                [(3)  maintenance costs;]
 52-2                [(4)  costs of decommissioning and extended care; and]
 52-3                [(5)  socioeconomic, environmental, and public health
 52-4    impacts associated with the site.]
 52-5          [(b)  The socioeconomic impacts to be evaluated include fire,
 52-6    police, education, utility, public works, public access, planning,
 52-7    and other governmental services and assumed and perceived risks of
 52-8    the disposal sites and disposal activities.]
 52-9          [(c)  Public officials and members of local boards or
52-10    governing bodies of local political subdivisions of the state in
52-11    which a potential disposal site is located shall be invited to
52-12    participate in appropriate evaluation activities.]
52-13          [Sec. 402.085.  SITE PROPOSAL.  On receiving the results of
52-14    the studies and evaluations required by Sections 402.081, 402.084,
52-15    and 402.087, the board shall propose a site that appears to be the
52-16    most suitable for a disposal site and shall hold a public hearing
52-17    to consider whether that site should be selected as the disposal
52-18    site.]
52-19          [Sec. 402.086.  REPORT AND INFORMATIONAL SEMINARS.
52-20    (a)  Before the board gives notice of the hearing on the proposed
52-21    disposal site, the authority shall prepare a report that includes:]
52-22                [(1)  detailed information regarding all aspects of the
52-23    disposal site selection process;]
52-24                [(2)  criteria for disposal site selection as
52-25    established by the appropriate licensing authority; and]
52-26                [(3)  summaries of the studies required under Section
52-27    402.081 and the evaluations required under Section 402.084.]
 53-1          [(b)  The authority shall make the report available to the
 53-2    public.]
 53-3          [(c)  The authority may contract for the distribution of the
 53-4    report and may hold or contract with other persons to hold
 53-5    informational seminars for the public.]
 53-6          [Sec. 402.087.  MEDIATION.  (a)  The authority may appoint a
 53-7    mediator to consider the views of parties interested in the
 53-8    selection of a disposal site.]
 53-9          [(b)  The mediator may conduct a series of meetings with
53-10    delegates from groups of interested parties.  The delegates are
53-11    selected according to criteria established by the board.]
53-12          [(c)  Mediation meetings may be held in the counties in which
53-13    the potential disposal sites are located and shall be held before
53-14    the public hearing required by Section 402.085.]
53-15          [(d)  The mediator shall prepare a report and submit it to
53-16    the board before the board gives notice of the public hearing.]
53-17          [Sec. 402.088.  HEARING.  (a)  A hearing under Section
53-18    402.085 shall be held at the county courthouse of the host county.]
53-19          [(b)  The board shall give notice of the hearing on the
53-20    proposed disposal site by publishing notice in English and Spanish
53-21    in a newspaper published in the host county.  The notice must be
53-22    published at least once each week for four consecutive weeks
53-23    beginning not later than the 31st day before the date set for the
53-24    hearing.]
53-25          [(c)  If a newspaper is not published in the host county or
53-26    if no newspaper in the host county will publish the notice, the
53-27    board shall post written notice of the hearing in three public
 54-1    places in the host county.  The board shall post one of the notices
 54-2    at the door of the county courthouse.  The notices must be posted
 54-3    for at least 30 consecutive days preceding the date set for the
 54-4    hearing.]
 54-5          [Sec. 402.089.  BOARD DETERMINATION; RESTRICTIONS ON
 54-6    SELECTION NEAR RESERVOIR.  (a)  The board shall determine if the
 54-7    proposed disposal site should be selected after a thorough
 54-8    consideration of:]
 54-9                [(1)  the studies and evaluations relating to site
54-10    selection;]
54-11                [(2)  the criteria required to be used in those
54-12    studies; and]
54-13                [(3)  testimony and evidence presented at the hearing.]
54-14          [(b)  The board may not select a disposal site under this
54-15    subchapter that is within 20 miles upstream or up-drainage from the
54-16    maximum elevation of the surface of a reservoir project that:]
54-17                [(1)  has been constructed or is under construction by
54-18    the United States Bureau of Reclamation or the United States Corps
54-19    of Engineers; or]
54-20                [(2)  has been approved for construction by the Texas
54-21    Water Development Board as part of the state water plan under
54-22    Subchapter C, Chapter 16, Water Code.]
54-23          [Sec. 402.090.  ORDER DESIGNATING SITE.  If the board selects
54-24    a proposed disposal site as the disposal site, the board by order
54-25    shall designate the site as the disposal site and shall issue a
54-26    final report.]
54-27          [Sec. 402.091.  REJECTION OF PROPOSED SITE.  (a)  If the
 55-1    board determines that a proposed disposal site should not be
 55-2    selected, the board shall issue an order rejecting the site and
 55-3    shall call another hearing to consider another proposed disposal
 55-4    site that appears suitable from the studies and evaluations.]
 55-5          [(b)  The board shall continue to follow the procedures of
 55-6    disposal site selection under this subchapter until a suitable
 55-7    disposal site is selected.]
 55-8          [Sec. 402.092.  FINAL REPORT.  The authority shall submit to
 55-9    the governor and to the legislature for informational purposes a
55-10    copy of the final report and order selecting a disposal site.]
55-11          [Sec. 402.0921.  SITE AREA.  Notwithstanding any other law or
55-12    other provision of this chapter, the board shall select as the
55-13    disposal site, a site:]
55-14                [(1)  within Hudspeth County, Texas, and]
55-15                [(2)  circumscribed on the north by 31 degrees north
55-16    latitude, 15' and 00"; on the south by 31 degrees north latitude,
55-17    00' and 00"; on the east by 105 degrees longitude, 00' and 00"; and
55-18    on the west by 105 degrees longitude, 22' and 30".]
55-19          [Sec. 402.0922.  EMINENT DOMAIN.  The authority may acquire
55-20    land for a disposal site within the geographical area described in
55-21    Section 402.0921 by condemnation and in accordance with Chapter 21
55-22    of the Property Code.]
55-23          [Sec. 402.093.  PROCEEDING NOT A CONTESTED CASE.  A
55-24    proceeding under Sections 402.085-402.092 is not a contested case
55-25    as defined by Chapter 2001, Government Code.]
55-26          [Sec. 402.094.  ACQUISITION OF PROPERTY.  (a)  The authority
55-27    may acquire by gift, grant, or purchase any land, easements,
 56-1    rights-of-way, and other property interests necessary to construct
 56-2    and operate a disposal site.]
 56-3          [(b)  The authority must acquire the fee simple title to all
 56-4    land and property that is a part of the licensed disposal site.]
 56-5          [(c)  The authority may lease property on terms and
 56-6    conditions the board determines advantageous to the authority, but
 56-7    land that is part of a licensed disposal site may be leased only
 56-8    from the Texas Public Finance Authority as provided by the Texas
 56-9    Public Finance Authority Act (Article 601d, Vernon's Texas Civil
56-10    Statutes).]
56-11          [(d)  The authority may lease land owned by the authority
56-12    that is not part of a licensed disposal site.  Land leased by the
56-13    authority under this section may be used only for agricultural,
56-14    ranching, or grazing purposes.]
56-15          SECTION 10.  Subchapter D, Chapter 402, Health and Safety
56-16    Code, is amended by adding Sections 402.100 and 402.101 to read as
56-17    follows:
56-18          Sec. 402.100.  RESPONSIBILITIES REGARDING DISPOSAL OF FEDERAL
56-19    FACILITY WASTE.  A permanent management license holder that accepts
56-20    federal facility waste for disposal under the license shall:
56-21                (1)  arrange for and pay the costs of management,
56-22    control, stabilization, and disposal of the federal facility waste;
56-23    and
56-24                (2)  convey to the federal government:
56-25                      (A)  before the termination of the permanent
56-26    management license, all rights, title, and interests in low-level
56-27    radioactive waste located on the property to be conveyed under
 57-1    Paragraph (B); and
 57-2                      (B)  on termination of the permanent management
 57-3    license, the necessary rights, title, and interests in the land and
 57-4    buildings used for the disposal of federal facility waste, together
 57-5    with all required rights of access to the property.
 57-6          Sec. 402.101.  LIABILITY IN RELATION TO FEDERAL FACILITY
 57-7    WASTE.  (a)  This state and any agency or officer of this state are
 57-8    not liable for any damages with respect to the land or facility at
 57-9    which federal facility waste is accepted under this chapter or with
57-10    respect to the federal facility waste and are not liable for costs
57-11    associated with removal or remediation at the land or facility at
57-12    which federal facility waste is accepted under this chapter or with
57-13    respect to the federal facility waste.
57-14          (b)  The permanent management license, to the extent it
57-15    allows the acceptance of federal facility waste, must require the
57-16    owner or operator of the separate adjacent facility at which the
57-17    federal facility waste may be accepted to insure and indemnify this
57-18    state for any liability imposed on this state or any agency or
57-19    officer of this state because of activities related to the
57-20    acceptance or disposal of federal facility waste.
57-21          SECTION 11.  Section 402.216, Health and Safety Code, is
57-22    transferred to Subchapter D, Chapter 402, Health and Safety Code,
57-23    as amended by this Act, redesignated as Section 402.093, Health and
57-24    Safety Code, and amended to read as follows:
57-25          Sec. 402.093 [402.216].  RULES RELATING TO PERMANENT
57-26    MANAGEMENT FACILITY [DISPOSAL SITE].  (a)  The commission [board]
57-27    shall adopt rules governing:
 58-1                (1)  the operation of the permanent management facility
 58-2    [disposal sites];
 58-3                (2)  acceptance of low-level radioactive waste at the
 58-4    permanent management facility;
 58-5                (3)  maintenance and monitoring of the permanent
 58-6    management facility [disposal sites]; and
 58-7                (4)  activities relating to the management and
 58-8    operation of the permanent management facility [disposal sites].
 58-9          (b)  The commission by rule shall exclude from the permanent
58-10    management facility types of low-level radioactive waste that are
58-11    incompatible with permanent management operations at the facility.
58-12    [Rules adopted under this section may not be less stringent than
58-13    those adopted by the commission.]
58-14          SECTION 12.  Section 402.217, Health and Safety Code, is
58-15    transferred to Subchapter D, Chapter 402, Health and Safety Code,
58-16    as amended by this Act, redesignated as Section 402.094, Health and
58-17    Safety Code, and amended to read as follows:
58-18          Sec. 402.094 [402.217].  PROCESSING AND PACKAGING FACILITIES.
58-19    The commission by rule shall require the permanent management
58-20    facility to have on-site, as necessary, [DISPOSAL SITE ACTIVITIES.
58-21    (a)  The authority may adopt any methods and techniques for
58-22    permanent disposal that comply with federal and state standards for
58-23    low-level radioactive waste disposal and that protect the public
58-24    health and safety and the environment.]
58-25          [(b)  The authority may provide] facilities [at disposal
58-26    sites] for processing and packaging low-level radioactive waste for
58-27    disposal or assured isolation.
 59-1          SECTION 13.  Section 402.221, Health and Safety Code, is
 59-2    transferred to Subchapter D, Chapter 402, Health and Safety Code,
 59-3    as amended by this Act, redesignated as Section 402.095, Health and
 59-4    Safety Code, and amended to read as follows:
 59-5          Sec. 402.095 [402.221].  PACKAGING OF RADIOACTIVE WASTE.
 59-6    (a)  The Texas Board of Health shall adopt rules relating to the
 59-7    packaging of low-level radioactive waste.
 59-8          (b)  An inspector employed by the department shall inspect
 59-9    all packaged low-level radioactive waste before it is transported
59-10    to a permanent management facility [disposal site] in this state.
59-11          (c)  The department shall charge a reasonable fee for the
59-12    inspection in an amount not to exceed the cost of inspection.
59-13          SECTION 14.  Section 402.222, Health and Safety Code, is
59-14    transferred to Subchapter D, Chapter 402, Health and Safety Code,
59-15    as amended by this Act, redesignated as Section 402.096, Health and
59-16    Safety Code, and amended to read as follows:
59-17          Sec. 402.096 [402.222].  SHIPMENT OF LOW-LEVEL RADIOACTIVE
59-18    WASTE.  (a)  On arrival of a shipment of low-level radioactive
59-19    waste at a permanent management facility, the permanent management
59-20    license holder [disposal site, the on-site operator or the
59-21    operator's agent] must determine that the waste complies with all
59-22    laws, rules, and standards relating to processing and packaging of
59-23    low-level radioactive waste before the waste is accepted at the
59-24    facility for disposal or assured isolation [at the disposal site].
59-25          (b)  A person making a shipment of low-level radioactive
59-26    waste that is in excess of 75 cubic feet shall give the permanent
59-27    management license holder [on-site operator of the disposal site]
 60-1    written notice of the shipment at least 72 hours before shipment to
 60-2    the permanent management facility [disposal site] begins.  The
 60-3    written notice must contain information required by rules of the
 60-4    commission [the board].
 60-5          SECTION 15.  Section 402.223, Health and Safety Code, is
 60-6    transferred to Subchapter D, Chapter 402, Health and Safety Code,
 60-7    as amended by this Act, redesignated as Section 402.097, Health and
 60-8    Safety Code, and amended to read as follows:
 60-9          Sec. 402.097 [402.223].  IMPROPERLY PROCESSED OR PACKAGED
60-10    LOW-LEVEL RADIOACTIVE WASTE.  (a)  If low-level radioactive waste
60-11    that is not properly processed or packaged arrives at the permanent
60-12    management facility [a disposal site], the permanent management
60-13    license holder [on-site operator or the operator's agent] shall
60-14    properly process and package the waste for disposal or assured
60-15    isolation and charge the person making the shipment the fee
60-16    required by Section 402.274.
60-17          (b)  The permanent management license holder [on-site
60-18    operator or the operator's agent] shall report to the federal and
60-19    state agencies that establish rules and standards for processing,
60-20    packaging, and transporting low-level radioactive waste any person
60-21    who delivers to the permanent management facility [a disposal site]
60-22    low-level radioactive waste that is not properly processed or
60-23    packaged.
60-24          SECTION 16.  Subsections (a), (c), and (d), Section 402.252,
60-25    Health and Safety Code, are amended to read as follows:
60-26          (a)  Each quarter:
60-27                (1)  the commission shall [The board shall quarterly]
 61-1    transfer money in the low-level radioactive waste fund generated by
 61-2    [planning and implementation fee surcharges under Sections
 61-3    402.2721(e) and (f), and] that portion of waste disposal fees
 61-4    identifiable as adopted for the purposes of Sections 402.273(a)(3)
 61-5    and (b) to the commissioners court of the host county; and
 61-6                (2)  the permanent management license holder shall
 61-7    assess the generator of the federal facility waste a surcharge for
 61-8    the disposal of the federal facility waste at the separate adjacent
 61-9    facility, if any.  The surcharge shall be 10 percent of the gross
61-10    receipts from fees or charges related to the disposal of the
61-11    federal facility waste.  All surcharges collected by the permanent
61-12    management license holder for the disposal of federal facility
61-13    waste shall be transferred to the commissioners court of the host
61-14    county.
61-15          (c)  Money received from the low-level radioactive waste fund
61-16    under this section may be spent only for local public projects that
61-17    are for the use and benefit of the public at large.  The commission
61-18    [board] shall adopt guidelines for the expenditure of money
61-19    received under this section, and the commissioners court shall
61-20    spend or disburse the money for use according to those guidelines.
61-21          (d)  Annually the commissioners court shall provide to the
61-22    commission [board] a detailed accounting of the money held,
61-23    expended, or disbursed by the county.
61-24          SECTION 17.  Sections 402.271 and 402.272, Health and Safety
61-25    Code, are amended to read as follows:
61-26          Sec. 402.271.  COMMISSION [AUTHORITY'S] EXPENSES.  The
61-27    commission's expenses under this chapter [authority's expenses]
 62-1    shall be paid from:
 62-2                (1)  waste disposal fees collected by the commission
 62-3    under Section 402.272;
 62-4                (2)  money in the low-level radioactive waste fund
 62-5    derived from planning and implementation fees deposited in that
 62-6    fund and the interest earned on that money;
 62-7                (3)  [proceeds from the sale of bonds under Subchapter
 62-8    K;]
 62-9                [(4)]  contributions from members of the [a low-level
62-10    radioactive waste] compact [entered into under Section 402.219(c)];
62-11                (4) [(5)]  appropriations made by the legislature; and
62-12                (5) [(6)]  other receipts, fees, and interest earned in
62-13    funds authorized by or collected under this subchapter and
62-14    deposited in the low-level radioactive waste fund.
62-15          Sec. 402.272.  WASTE DISPOSAL FEES.  (a)  The commission
62-16    [board] shall have collected at the permanent management facility
62-17    on delivery of low-level radioactive waste or as commission rules
62-18    otherwise provide a waste disposal fee to be paid by each person
62-19    who delivers low-level radioactive waste to the facility.  The fees
62-20    shall be payable to this state in the name of the commission.  This
62-21    section does not apply to a person who delivers federal facility
62-22    waste to the facility if the facility is allowed under its license
62-23    to dispose of federal facility waste.  The permanent management
62-24    license holder may establish fees for the acceptance and disposal
62-25    of federal facility waste accepted under the permanent management
62-26    license [authority for disposal].
62-27          (b)  The commission [board] by rule shall adopt and
 63-1    periodically revise waste disposal fees according to a schedule
 63-2    that is based on the projected annual volume of low-level
 63-3    radioactive waste received, the relative hazard presented by each
 63-4    type of low-level radioactive waste that is generated by the users
 63-5    of radioactive materials, and the costs identified in Section
 63-6    402.273.
 63-7          (c)  In determining relative hazard, the commission [board]
 63-8    shall consider the radioactive, physical, and chemical properties
 63-9    of each type of low-level radioactive waste.
63-10          SECTION 18.  Sections 402.273 and 402.274, Health and Safety
63-11    Code, are amended to read as follows:
63-12          Sec. 402.273.  WASTE DISPOSAL FEE CRITERIA.  (a)  Waste
63-13    disposal fees adopted by the commission [board] must be sufficient
63-14    to:
63-15                (1)  allow the commission and the permanent management
63-16    license holder [authority] to recover operating and maintenance
63-17    costs, including the costs of financial assurance and a reasonable
63-18    return on investment;
63-19                (2)  provide an amount necessary to meet future costs
63-20    of decommissioning, closing, and postclosure maintenance and
63-21    surveillance of the permanent management facility and, if
63-22    applicable, costs of converting an assured isolation facility to a
63-23    disposal facility [site];
63-24                (3)  provide an amount to fund local public projects
63-25    under Subchapter I; and
63-26                (4)  [provide an amount sufficient to fund, in whole or
63-27    in part, a rangeland and wildlife management plan;]
 64-1                [(5)]  provide an amount necessary to pay federal and
 64-2    state licensing fees incurred by the commission or the permanent
 64-3    management license holder and to pay fees associated with providing
 64-4    [provide] security required by the commission under Section 402.032
 64-5    [law] and commission rules[; and]
 64-6                [(6)  provide an amount necessary to fund debt service
 64-7    and necessary fees and charges, including insurance premiums and
 64-8    similar costs, associated with the issuance and payment of bonds
 64-9    under Subchapter K].
64-10          (b)  [This subsection applies only if the authority does not
64-11    issue bonds under Subchapter K.]  The waste disposal fees must also
64-12    include an amount sufficient to allow the commission [authority] to
64-13    recover expenses incurred before [beginning] operation of the
64-14    permanent management facility begins, [disposal site] amortized
64-15    over a period of not more than 20 years beginning on the first day
64-16    of operation of the facility [disposal site].  The fees must be
64-17    sufficient to recover the depository interest that the general
64-18    revenue fund would have earned had the fund not been used to pay
64-19    expenses incurred before the facility [disposal site] begins
64-20    operation.  Depository interest recovered under this subsection
64-21    shall be deposited to the credit of the general revenue fund.
64-22    Principal recovered under this subsection shall be deposited to the
64-23    credit of the general revenue fund until the amount deposited has
64-24    fully reimbursed the fund for expenses paid from the fund before
64-25    the facility [disposal site] begins operation.  The remainder of
64-26    the principal shall be deposited as provided by Section 402.275(c)
64-27    [402.272(a)].
 65-1          (c)  The amount required by Subsection (a)(3) may not be less
 65-2    than 10 percent of the annual gross receipts from waste received at
 65-3    the permanent management facility [disposal site].
 65-4          (d)  The holder of the permanent management license and
 65-5    compact generators may petition the commission for a change in the
 65-6    fee amount determined under this section.
 65-7          Sec. 402.274.  PROCESSING AND PACKAGING FEES.  The commission
 65-8    [board] by rule shall adopt and periodically revise processing and
 65-9    packaging fees according to a schedule that is based on the volume
65-10    of improperly processed or packaged low-level radioactive waste
65-11    delivered to the permanent management facility [for disposal] and
65-12    on the cost to the permanent management license holder [authority]
65-13    for properly processing and packaging the low-level radioactive
65-14    waste in compliance with federal and state standards.  This section
65-15    does not apply to a person who delivers federal facility waste to
65-16    the facility if the facility is allowed under its license to
65-17    dispose of federal facility waste.  The permanent management
65-18    license holder may establish processing and packaging fees for
65-19    federal facility waste accepted under the permanent management
65-20    license.
65-21          SECTION 19.  Subchapter J, Chapter 402, Health and Safety
65-22    Code, is amended by adding Sections 402.2744, 402.2745, and
65-23    402.2746 to read as follows:
65-24          Sec. 402.2744.  PERMANENT MANAGEMENT FACILITY DECOMMISSIONING
65-25    ACCOUNT.  (a)  The commission, acting on a recommendation from the
65-26    radiation advisory board, shall:
65-27                (1)  determine an amount that will be necessary to
 66-1    finance the decommissioning of the permanent management facility
 66-2    for the permanent management of waste described by Section
 66-3    402.012(b) at the time the facility should be decommissioned,
 66-4    including post-closure maintenance, surveillance, and institutional
 66-5    controls;
 66-6                (2)  determine the portion of the fees collected under
 66-7    Section 402.272 necessary to fund an account to pay those costs
 66-8    over time; and
 66-9                (3)  direct the comptroller to deposit in the permanent
66-10    management facility decommissioning account the portion of the fees
66-11    determined under Subdivision (2).
66-12          (b)  Each biennium, the commission shall review the balance
66-13    of the permanent management facility decommissioning account and
66-14    the amount of interest the account generates.  When the balance of
66-15    the account reaches an amount that would generate enough interest
66-16    income to fully finance the costs of decommissioning the facility
66-17    by the time the facility is projected to be decommissioned,
66-18    including post-closure maintenance, surveillance, and institutional
66-19    controls, the commission shall direct the comptroller to
66-20    discontinue directing fee money into the account.  At the end of
66-21    each state fiscal year, the comptroller shall transfer to the
66-22    general revenue fund the amount of money in the account that
66-23    exceeds the amount that the commission determines would generate
66-24    enough interest income to fully finance the costs of
66-25    decommissioning the facility by the time the facility is projected
66-26    to be decommissioned, including post-closure maintenance,
66-27    surveillance, and institutional controls.
 67-1          (c)  The permanent management facility decommissioning
 67-2    account is an account in the state treasury outside of the general
 67-3    revenue fund.  Money in the account may only be used to pay the
 67-4    costs of decommissioning a permanent management facility licensed
 67-5    under Subchapter B for the permanent management of waste described
 67-6    by Section 402.012(b), including post-closure maintenance,
 67-7    surveillance, and institutional controls.  Interest earned on money
 67-8    in the account shall be deposited to the credit of the account.
 67-9    The account is exempt from the application of Section 403.095,
67-10    Government Code.
67-11          Sec. 402.2745.  ASSURED ISOLATION CONVERSION ACCOUNT.
67-12    (a)  This section applies only if the permanent management facility
67-13    licensed under Subchapter B is an assured isolation facility.
67-14          (b)  The commission, acting on a recommendation from the
67-15    radiation advisory board, shall:
67-16                (1)  determine an amount that will be necessary to
67-17    finance the conversion of the permanent management facility for the
67-18    permanent management of waste described by Section 402.012(b) for
67-19    disposal of the low-level radioactive waste at the time the
67-20    facility should be converted for disposal of the waste;
67-21                (2)  determine the portion of the fees collected under
67-22    Section 402.272 necessary to fund an account to pay those costs
67-23    over time; and
67-24                (3)  direct the comptroller to deposit in the assured
67-25    isolation conversion account the portion of the fees determined
67-26    under Subdivision (2).
67-27          (c)  Each biennium, the commission shall review the balance
 68-1    of the assured isolation conversion account and the amount of
 68-2    interest the account generates.  When the balance of the account
 68-3    reaches an amount that would generate enough interest income to
 68-4    fully finance the costs of converting the facility by the time the
 68-5    facility is projected to be converted to a disposal facility, the
 68-6    commission shall direct the comptroller to discontinue directing
 68-7    fee money into the account.  At the end of each state fiscal year,
 68-8    the comptroller shall transfer to the general revenue fund the
 68-9    amount of money in the account that exceeds the amount that the
68-10    commission determines would generate enough interest income to
68-11    fully finance the costs of converting the facility by the time the
68-12    facility is projected to be converted to a disposal facility,
68-13    including post-closure maintenance, surveillance, and institutional
68-14    controls.
68-15          (d)  The assured isolation conversion account is an account
68-16    in the state treasury outside of the general revenue fund.  Money
68-17    in the account may be used only to pay costs of converting an
68-18    assured isolation facility licensed under Subchapter B for the
68-19    permanent management of waste described by Section 402.012(b) to a
68-20    low-level radioactive waste disposal facility.  Interest earned on
68-21    money in the account shall be deposited to the credit of the
68-22    account.  The account is exempt from the application of Section
68-23    403.095, Government Code.
68-24          Sec. 402.2746.  FEDERAL FACILITY WASTE DECOMMISSIONING
68-25    ACCOUNT. (a) This section applies only if the permanent management
68-26    facility is licensed to dispose of federal facility waste at a
68-27    separate adjacent facility.
 69-1          (b)  The commission, acting on a recommendation from the
 69-2    radiation advisory board, shall:
 69-3                (1)  determine the amount of money necessary to fund
 69-4    the share of the costs of decommissioning the site attributable to
 69-5    the disposal of federal facility waste;
 69-6                (2)  charge the permanent management license holder a
 69-7    fee for each shipment of federal facility waste accepted for
 69-8    disposal in an amount determined to be necessary, over time, to
 69-9    meet the amount determined under Subdivision (1); and
69-10                (3)  direct the comptroller to deposit the fees paid
69-11    under Subdivision (2) to the federal facility waste decommissioning
69-12    account.
69-13          (c)  Each biennium, the commission shall review the balance
69-14    of the federal facility waste decommissioning account and the
69-15    amount of interest the account generates.  When the balance of the
69-16    account reaches an amount that would generate enough interest
69-17    income to fully finance the costs of decommissioning the facility
69-18    by the time the facility is projected to be decommissioned,
69-19    including post-closure maintenance, surveillance, and institutional
69-20    controls, the commission shall direct the comptroller to
69-21    discontinue directing fee money into the account.  At the time the
69-22    commission directs the comptroller to discontinue directing fee
69-23    money into the account, the commission shall discontinue charging
69-24    the fee.  At the end of each fiscal year, the comptroller shall
69-25    transfer to the general revenue fund the amount of money in the
69-26    account that exceeds the amount that the commission determines
69-27    would generate enough interest income to fully finance the costs of
 70-1    decommissioning the facility by the time the facility is projected
 70-2    to be decommissioned, including post-closure maintenance,
 70-3    surveillance, and institutional controls.
 70-4          (d)  The federal facility waste decommissioning account is an
 70-5    account in the state treasury outside of the general revenue fund.
 70-6    Money in the account may be used only to pay the costs of
 70-7    decommissioning a permanent management facility licensed under
 70-8    Subchapter B for the disposal of federal facility waste, including
 70-9    post-closure maintenance, surveillance, and institutional controls.
70-10    Interest earned on money in the account shall be deposited to the
70-11    credit of the account.  The account is exempt from the application
70-12    of Section 403.095, Government Code.
70-13          SECTION 20. Subsections (c) and (d), Section 402.275, Health
70-14    and Safety Code, are amended to read as follows:
70-15          (c)  Money received by the commission under this chapter
70-16    [authority], including waste disposal fees, [planning and
70-17    implementation fees, surcharges on planning and implementation
70-18    fees,] processing and packaging fees, civil penalties, payments
70-19    made by a party state to the [a low-level radioactive waste]
70-20    compact [entered into under Section 402.219(c)], and other receipts
70-21    collected by the commission [authority] under this chapter shall be
70-22    deposited to the credit of the low-level radioactive waste fund
70-23    except as provided by Sections 402.2744, 402.2745, and 402.2746.
70-24          (d)  Money [Except as provided by Subsection (f), money] in
70-25    the low-level radioactive waste fund may be used to pay:
70-26                (1)  costs of the commission to plan, implement, and
70-27    administer activities under this chapter before the permanent
 71-1    management facility begins operation;
 71-2                (2)  operating and maintenance costs of the commission
 71-3    and the permanent management license holder [authority];
 71-4                (3) [(2)]  future costs of decommissioning, closing,
 71-5    and postclosure maintenance and surveillance of the permanent
 71-6    management facility [disposal site];
 71-7                (4) [(3)]  federal and state licensing fees incurred by
 71-8    the commission or the permanent management license holder and to
 71-9    provide security required by the commission under Section 402.032;
71-10                (5) [(4)]  money judgments rendered against the
71-11    commission [authority] that are directed by a court of this state
71-12    to be paid from this fund;
71-13                [(5)  expenses associated with implementation of the
71-14    rangeland and wildlife management plan;]
71-15                (6)  funds for local public projects under Subchapter
71-16    I; and
71-17                (7)  [debt service and necessary fees and charges,
71-18    including insurance premiums and similar costs, associated with the
71-19    issuance and payment of bonds under Subchapter K; and]
71-20                [(8)]  expenses of the commission for any other purpose
71-21    under this chapter.
71-22          SECTION 21. Subdivisions (14) through (27), Section 401.003,
71-23    Health and Safety Code, are amended to read as follows:
71-24                (14)  "Permanent management" has the meaning assigned
71-25    by Section 402.003.
71-26                (15)  "Person" includes a legal successor to or
71-27    representative, agent, or agency of any person but does not include
 72-1    the federal commission and federal agencies the federal commission
 72-2    licenses or exempts.
 72-3                (16) [(15)]  "Person affected" means a person who
 72-4    demonstrates that the person has suffered or will suffer actual
 72-5    injury or economic damage and, if the person is not a local
 72-6    government:
 72-7                      (A)  is a resident of a county, or a county
 72-8    adjacent to that county, in which nuclear or radioactive material
 72-9    is or will be located; or
72-10                      (B)  is doing business or has a legal interest in
72-11    land in the county or adjacent county.
72-12                (17) [(16)]  "Processing" means the storage, extraction
72-13    of material, transfer, volume reduction, compaction, or other
72-14    separation and preparation of low-level radioactive waste for reuse
72-15    or disposal, including a treatment or activity that renders the
72-16    waste less hazardous, safer for transport, or amenable to recovery,
72-17    storage, or disposal.
72-18                (18) [(17)]  "Radiation" means one or more of the
72-19    following:
72-20                      (A)  gamma-rays and X-rays, alpha and beta
72-21    particles, and other atomic or nuclear particles or rays;
72-22                      (B)  stimulated emission of radiation from an
72-23    electronic device to energy density levels that could reasonably
72-24    cause bodily harm; or
72-25                      (C)  sonic, ultrasonic, or infrasonic waves
72-26    emitted from an electronic device or resulting from the operation
72-27    of an electronic circuit in an electronic device in the energy
 73-1    range to reasonably cause detectable bodily harm.
 73-2                (19) [(18)]  "Radioactive material" means a naturally
 73-3    occurring or artificially produced solid, liquid, or gas that emits
 73-4    radiation spontaneously.
 73-5                (20) [(19)  "Radioactive substance" includes:]
 73-6                      [(A)  by-product material;]
 73-7                      [(B)  naturally occurring radioactive material
 73-8    waste, excluding oil and gas NORM waste;]
 73-9                      [(C)  radioactive material;]
73-10                      [(D)  low-level radioactive waste;]
73-11                      [(E)  source material;]
73-12                      [(F)  source of radiation; and]
73-13                      [(G)  special nuclear material.]
73-14                [(21)]  "Registration" includes:
73-15                      (A)  notice to the department of the service or
73-16    use of an electronic product; and
73-17                      (B)  registration under Section 401.105.
73-18                (21) [(22)]  "Source material" means:
73-19                      (A)  uranium, thorium, or other material that the
73-20    governor by order declares to be source material after the federal
73-21    commission has determined the material to be source material; or
73-22                      (B)  ore that contains one or more of the
73-23    materials listed in Subdivision (A) to the degree of concentration
73-24    that the governor by order declares to be source material after the
73-25    federal commission has determined the material to be of a degree of
73-26    concentration to be source material.
73-27                (22) [(23)]  "Source of radiation" means radioactive
 74-1    material or a device or equipment that emits or is capable of
 74-2    producing radiation intentionally or incidentally.
 74-3                (23) [(24)]  "Special nuclear material" means:
 74-4                      (A)  plutonium, uranium 233, uranium enriched in
 74-5    the isotope 233 or the isotope 235, and any other material other
 74-6    than source material that the governor by order declares to be
 74-7    special nuclear material after the federal commission determines
 74-8    the material to be special nuclear material; or
 74-9                      (B)  material other than source material that is
74-10    artificially enriched by any of the materials listed in Subdivision
74-11    (A).
74-12                (24) [(25)]  "Specific license" means a license, issued
74-13    pursuant to an application, to use, manufacture, produce, transfer,
74-14    receive, acquire, own, possess, process, or dispose of quantities
74-15    of or devices or equipment using by-product, source, special
74-16    nuclear, or other radioactive material.
74-17                (25) [(26)]  "Naturally occurring radioactive material
74-18    waste" or "NORM waste" means solid, liquid, or gaseous material or
74-19    combination of materials, excluding source material, special
74-20    nuclear material, and by-product material, that:
74-21                      (A)  in its natural physical state spontaneously
74-22    emits radiation;
74-23                      (B)  is discarded or unwanted; and
74-24                      (C)  is not exempt by department rule adopted
74-25    under Section 401.106.
74-26                (26) [(27)]  "Oil and gas NORM waste" means solid,
74-27    liquid, or gaseous material or combination of materials, excluding
 75-1    source material, special nuclear material, and by-product material,
 75-2    that:
 75-3                      (A)  in its natural physical state spontaneously
 75-4    emits radiation;
 75-5                      (B)  is discarded or unwanted;
 75-6                      (C)  is not exempt by department rule adopted
 75-7    under Section 401.106; and
 75-8                      (D)  constitutes, is contained in, or has
 75-9    contaminated oil and gas waste as that term is defined in Section
75-10    91.1011, [of the] Natural Resources Code.
75-11          SECTION 22.  Section 401.005, Health and Safety Code, is
75-12    amended to read as follows:
75-13          Sec. 401.005.  CODE OF FEDERAL REGULATIONS REFERENCES.  A
75-14    reference in this chapter to the "C.F.R." or the "Code of Federal
75-15    Regulations" means the Code of Federal Regulations as it existed on
75-16    September 1, 2001 [1999].
75-17          SECTION 23.  Subsections (a) and (b), Section 401.011, Health
75-18    and Safety Code, are amended to read as follows:
75-19          (a)  The department is the Texas Radiation Control Agency.
75-20    The department has jurisdiction over activities and substances
75-21    regulated under this chapter except as provided by Subsection (b),
75-22    Subchapter [and Subchapters F and] K, and Chapter 402.
75-23          (b)  The commission has jurisdiction to regulate and license:
75-24                (1)  the permanent management of low-level radioactive
75-25    waste as provided by Chapter 402; and
75-26                (2)  the disposal of:
75-27                      (A)  by-product material [radioactive substances]
 76-1    except by-product material defined by Section 401.003(3)(B);
 76-2                      (B)  naturally occurring radioactive material
 76-3    waste except oil and gas NORM waste;
 76-4                      (C)  source material; and
 76-5                      (D)  special nuclear material.
 76-6          SECTION 24.  Subsection (c), Section 401.015, Health and
 76-7    Safety Code, is amended to read as follows:
 76-8          (c)  A person is not eligible to be appointed as a
 76-9    representative of the public on the advisory board if that person
76-10    or that person's spouse is:
76-11                (1)  engaged in an occupation in the health care field;
76-12    or
76-13                (2)  employed by, participates in the management of, or
76-14    has a financial interest, other than as a consumer, in part of the
76-15    nuclear utility industry or in a business entity or other
76-16    organization that is licensed under [Subchapter F or] Subchapter G
76-17    or Chapter 402.
76-18          SECTION 25.  Subsections (b), (d), (e), and (f), Section
76-19    401.052, Health and Safety Code, are amended to read as follows:
76-20          (b)  Rules adopted under this section for low-level
76-21    radioactive waste shall:
76-22                (1)  to the extent practicable, be compatible with
76-23    United States Department of Transportation and United States
76-24    Nuclear Regulatory Commission regulations relating to the
76-25    transportation of low-level radioactive waste;
76-26                (2)  require each shipper and transporter of low-level
76-27    radioactive waste to adopt an emergency plan approved by the
 77-1    department for responding to transportation accidents;
 77-2                (3)  require the notification and reporting of
 77-3    accidents to the department and to local emergency planning
 77-4    committees in the county where the accident occurs;
 77-5                (4)  require each shipper to adopt a quality control
 77-6    program approved by the department to verify that shipping
 77-7    containers are suitable for shipment to a licensed disposal
 77-8    facility; [and]
 77-9                (5)  assess a fee on shippers for shipments [to a Texas
77-10    low-level radioactive waste disposal facility] of low-level
77-11    radioactive waste originating in Texas or out-of-state to the
77-12    permanent management facility licensed under Chapter 402; and
77-13                (6)  provide that:
77-14                      (A)  a shipper shall comply immediately with an
77-15    order of the board made in response to an alleged violation of a
77-16    rule adopted under this section if the order directs immediate
77-17    compliance; and
77-18                      (B)  if a shipper who was subject to an order
77-19    that directed immediate compliance applies for a hearing on the
77-20    alleged violation before the 21st day after the date the order was
77-21    issued, the department shall provide a hearing on the alleged
77-22    violation not later than the 30th day after the date the
77-23    application is received.
77-24          (d) [(1)]  Fees assessed under this section [shall]:
77-25                (1)  may [(A)] not exceed $10 per cubic foot of shipped
77-26    low-level radioactive waste;
77-27                (2)  shall [(B)] be collected by the commission
 78-1    [authority] and deposited to the credit of the radiation and
 78-2    perpetual care fund; and
 78-3                (3)  shall [(C)] be used exclusively by the department
 78-4    for emergency planning for and response to transportation accidents
 78-5    involving low-level radioactive waste.
 78-6          (e) [(2)]  Fee assessments under this section shall be
 78-7    suspended when the amount of fees collected reaches $500,000,
 78-8    except that if the balance of fees collected is reduced to $350,000
 78-9    or less, the assessments shall be reinstituted to bring the balance
78-10    of fees collected to $500,000.
78-11          (f) [(e)]  Money expended from the radiation and perpetual
78-12    care fund to respond to accidents involving low-level radioactive
78-13    waste must be reimbursed to the radiation and perpetual care fund
78-14    by the responsible shipper or transporter according to rules
78-15    adopted by the board.
78-16          (g) [(f)]  In this section, "shipper"[:]
78-17                [(1)  "Shipper"] means a person who generates low-level
78-18    radioactive waste and ships or arranges with others to ship the
78-19    waste to a disposal site or permanent management facility.
78-20                [(2)  "Authority" means the Texas Low-Level Radioactive
78-21    Waste Disposal Authority.]
78-22          SECTION 26.  Subsection (c), Section 401.058, Health and
78-23    Safety Code, is amended to read as follows:
78-24          (c)  The commission, as part of the collection and
78-25    dissemination of information, shall maintain a file of:
78-26                (1)  known locations in this state at which radioactive
78-27    material has been managed by an assured isolation facility or
 79-1    disposed of and at which soil and facilities are contaminated; and
 79-2                (2)  information on inspection reports relating to the
 79-3    radioactive material managed by an assured isolation facility or
 79-4    disposed of and radiation levels at those locations.
 79-5          SECTION 27.  Section 401.061, Health and Safety Code, is
 79-6    amended to read as follows:
 79-7          Sec. 401.061.  LOW-LEVEL RADIOACTIVE WASTE STUDIES.  The
 79-8    department and commission each within its jurisdiction shall
 79-9    conduct studies of the need for [low-level radioactive waste
79-10    processing and disposal] facilities and technologies for processing
79-11    low-level radioactive waste, for assured isolation, and for
79-12    disposal as the agency considers necessary for minimizing the risks
79-13    to the public and the environment from low-level radioactive waste
79-14    management.
79-15          SECTION 28.  Subsection (a), Section 401.063, Health and
79-16    Safety Code, is amended to read as follows:
79-17          (a)  The department or commission or the agency's
79-18    representative may enter public or private property at reasonable
79-19    times to determine whether, in a matter under the agency's
79-20    jurisdiction, there is compliance with this chapter or Chapter 402
79-21    and the agency's rules, licenses, registrations, and orders under
79-22    this chapter or Chapter 402.
79-23          SECTION 29.  Section 401.067, Health and Safety Code, is
79-24    transferred to Subchapter D, Chapter 402, Health and Safety Code,
79-25    as amended by this Act, redesignated as Section 402.099, Health and
79-26    Safety Code, and amended to read as follows:
79-27          Sec. 402.099 [401.067].  LOCAL GOVERNMENT INSPECTIONS.
 80-1    (a)  An agent or employee of a local government may examine and
 80-2    copy during regular business hours records relating to activities
 80-3    licensed under Subchapter B [F].  Examinations and copying of
 80-4    records must be done at the local government's expense and are
 80-5    subject to limitations in Chapter 552, Government Code.
 80-6          (b)  Records copied under this section are public records
 80-7    unless the record's owner shows to the satisfaction of the
 80-8    commission that the records if made public will divulge trade
 80-9    secrets.  On such a showing, the commission shall consider the
80-10    copied records confidential.
80-11          (c)  A local government agent or employee may not enter
80-12    private property that has management in residence unless the agent
80-13    or employee notifies the management, or person in charge, of the
80-14    agent's or employee's presence and exhibits proper credentials.
80-15    The agent or employee shall observe the rules of the establishment
80-16    being inspected relating to safety, internal security, and fire
80-17    protection.
80-18          SECTION 30.  Section 401.101, Health and Safety Code, is
80-19    amended to read as follows:
80-20          Sec. 401.101.  LICENSE AND REGISTRATION REQUIREMENT.
80-21    (a)  Except as provided by Subsection (b), a [A] person may not
80-22    use, manufacture, produce, transport, transfer, receive, acquire,
80-23    own, possess, process, or dispose of a source of radiation unless
80-24    that person has a license, registration, or exemption from the
80-25    department or commission as provided by this chapter. 
80-26          (b)  A person may not receive low-level radioactive waste
80-27    from other persons for permanent management unless that person has
 81-1    a license issued under Chapter 402 that authorizes the activity.
 81-2          SECTION 31.  Subsection (b), Section 401.104, Health and
 81-3    Safety Code, is amended to read as follows:
 81-4          (b)  Except as provided by Subsection (e), the commission by
 81-5    rule shall provide for licensing for the disposal of radioactive
 81-6    material except by-product material defined by Section
 81-7    401.003(3)(B).  Licensing for the permanent management of low-level
 81-8    radioactive waste is governed by Chapter 402.  The department by
 81-9    rule shall provide for licensing the disposal of by-product
81-10    material defined by Section 401.003(3)(B).
81-11          SECTION 32.  Subsection (c), Section 401.108, Health and
81-12    Safety Code, is amended to read as follows:
81-13          (c)  The commission shall reevaluate every five years the
81-14    qualifications and security provided by a license holder under
81-15    [Subchapter F or] Subchapter G.  The reevaluation may coincide with
81-16    license renewal procedures if renewal and reevaluation occur in the
81-17    same year.
81-18          SECTION 33.  Subsection (b), Section 401.109, Health and
81-19    Safety Code, is amended to read as follows:
81-20          (b)  The amount and type of security required shall be
81-21    determined under the agency's rules in accordance with criteria
81-22    that include:
81-23                (1)  the need for and scope of decontamination,
81-24    decommissioning, reclamation, and [or] disposal or other permanent
81-25    management activity reasonably required to protect the public
81-26    health and safety and the environment;
81-27                (2)  reasonable estimates of the cost of
 82-1    decontamination, decommissioning, reclamation, and disposal or
 82-2    other permanent management activity as provided by Section 401.303;
 82-3    and
 82-4                (3)  the cost of perpetual maintenance and
 82-5    surveillance, if any.
 82-6          SECTION 34.  Section 401.111, Health and Safety Code, is
 82-7    amended to read as follows:
 82-8          Sec. 401.111.  CRITERIA FOR CERTAIN UNSUITABLE NEW SITES FOR
 82-9    PROCESSING LOW-LEVEL RADIOACTIVE WASTE.  (a)  The board [and
82-10    commission each], in adopting rules for the issuance of licenses
82-11    under its jurisdiction [their respective jurisdictions] for new
82-12    sites for processing [or disposal of] low-level radioactive waste
82-13    from other persons, shall adopt criteria for the designation of
82-14    unsuitable sites, including:
82-15                (1)  flood hazard areas;
82-16                (2)  areas with characteristics of discharge from or
82-17    recharge of a groundwater aquifer system; or
82-18                (3)  areas in which soil conditions make spill cleanup
82-19    impracticable.
82-20          (b)  The board [and commission each] shall consult with the
82-21    State Soil and Water Conservation Board, the Bureau of Economic
82-22    Geology, and other appropriate state agencies in developing
82-23    proposed rules.  The board [and commission each] by rule shall:
82-24                (1)  require selection of sites in areas in which
82-25    natural conditions minimize potential contamination of surface
82-26    water and groundwater; and
82-27                (2)  prohibit issuance of licenses for unsuitable sites
 83-1    as defined by the rules.
 83-2          SECTION 35.  Section 401.112, Health and Safety Code, is
 83-3    amended to read as follows:
 83-4          Sec. 401.112.  LOW-LEVEL RADIOACTIVE WASTE PROCESSING [OR
 83-5    DISPOSAL] LICENSE APPLICATION AND CONSIDERATIONS.  (a)  The
 83-6    department [or commission], within its jurisdiction, in making a
 83-7    licensing decision on a specific license application to process [or
 83-8    dispose of] low-level radioactive waste from other persons, shall
 83-9    consider:
83-10                (1)  site suitability, geological, hydrological, and
83-11    meteorological factors, and natural hazards;
83-12                (2)  compatibility with present uses of land near the
83-13    site;
83-14                (3)  socioeconomic effects on surrounding communities
83-15    of operation of the licensed activity and of associated
83-16    transportation of low-level radioactive waste;
83-17                (4)  the need for and alternatives to the proposed
83-18    activity, including an alternative siting analysis prepared by the
83-19    applicant;
83-20                (5)  the applicant's qualifications, including
83-21    financial, technical, and past operating practices;
83-22                (6)  background monitoring plans for the proposed site;
83-23                (7)  suitability of facilities associated with the
83-24    proposed activities;
83-25                (8)  chemical, radiological, and biological
83-26    characteristics of the low-level radioactive waste and waste
83-27    classification under Section 401.053;
 84-1                (9)  adequate insurance of the applicant to cover
 84-2    potential injury to any property or person, including potential
 84-3    injury from risks relating to transportation;
 84-4                (10)  training programs for the applicant's employees;
 84-5                (11)  a monitoring, record-keeping, and reporting
 84-6    program;
 84-7                (12)  spill detection and cleanup plans for the
 84-8    licensed site and related to associated transportation of low-level
 84-9    radioactive waste;
84-10                (13)  decommissioning and postclosure care plans;
84-11                (14)  security plans;
84-12                (15)  worker monitoring and protection plans;
84-13                (16)  emergency plans; and
84-14                (17)  a monitoring program for applicants that includes
84-15    prelicense and postlicense monitoring of background radioactive and
84-16    chemical characteristics of the soils, groundwater, and vegetation.
84-17          (b)  An applicant for the specific license must submit with
84-18    the application information necessary for the department [issuing
84-19    agency] to consider the factors under Subsection (a).
84-20          (c)  The board [and commission each] within its jurisdiction
84-21    by rule shall provide specific criteria for the different types of
84-22    licensed low-level radioactive waste activities for the listed
84-23    factors and may include additional factors and criteria that the
84-24    board [or commission, as appropriate,] determines necessary for
84-25    full consideration of a license.
84-26          SECTION 36.  Subsections (a) and (b), Section 401.113, Health
84-27    and Safety Code, are amended to read as follows:
 85-1          (a)  Before a hearing under Section 401.114 begins, the
 85-2    department [agency holding the hearing] shall prepare or have
 85-3    prepared a written analysis of the effect on the environment of a
 85-4    proposed licensed activity that the department [agency] determines
 85-5    has a significant effect on the human environment.
 85-6          (b)  The department [agency] shall make the analysis
 85-7    available to the public not later than the 31st day before the date
 85-8    of a hearing under Section 401.114.
 85-9          SECTION 37.  Section 401.114, Health and Safety Code, is
85-10    amended to read as follows:
85-11          Sec. 401.114.  NOTICE AND HEARING.  (a)  Before the
85-12    department [or commission], within its jurisdiction, grants or
85-13    renews a license to process [or dispose of] low-level radioactive
85-14    waste from other persons, the agency shall give notice and shall
85-15    provide an opportunity for a public hearing in the manner provided
85-16    by the agency's formal hearing procedure and Chapter 2001,
85-17    Government Code.
85-18          (b)  In addition to other notice, the department [agency]
85-19    shall publish notice of the hearing in the manner provided by
85-20    Chapter 313, Government Code, in the county in which the proposed
85-21    facility is to be located.  The notice shall state the subject and
85-22    the time, place, and date of the hearing.
85-23          (c)  The department [agency] shall mail, by certified mail in
85-24    the manner provided by the agency's rules, written notice to each
85-25    person who owns property adjacent to the proposed processing site.
85-26    The notice must be mailed not later than the 31st day before the
85-27    date of the hearing and must include the same information that is
 86-1    in the published notice.  If true, the department [agency] or the
 86-2    applicant must certify that the notice was mailed as required by
 86-3    this subsection, and at the hearing the certificate is conclusive
 86-4    evidence of the mailing.
 86-5          SECTION 38.  Section 401.115, Health and Safety Code, is
 86-6    amended to read as follows:
 86-7          Sec. 401.115.  LICENSES FROM OTHER AGENCIES.  A holder of a
 86-8    license to operate a facility to process [or dispose of] low-level
 86-9    radioactive waste may not operate the facility until the holder has
86-10    obtained all other required licenses or permits from other
86-11    agencies.
86-12          SECTION 39.  Subsections (a), (b), and (d), Section 401.116,
86-13    Health and Safety Code, are amended to read as follows:
86-14          (a)  An amendment to a license to process [or dispose of]
86-15    low-level radioactive waste from other persons may take effect
86-16    immediately.
86-17          (b)  The department [or commission, as appropriate,] shall
86-18    publish notice of the license amendment once in the Texas Register
86-19    and in a newspaper of general circulation in the county in which
86-20    the licensed activity is located and shall give notice to any
86-21    person who has notified the agency, in advance, of the desire to
86-22    receive notice of proposed amendment of the license.
86-23          (d)  The department [agency] shall give notice and hold a
86-24    hearing to consider the license amendment if a person affected
86-25    files a written complaint with the agency before the 31st day after
86-26    the date on which notice is published under Subsection (b).  The
86-27    agency shall give notice of the hearing as provided by Section
 87-1    401.114.
 87-2          SECTION 40.  Section 401.117, Health and Safety Code, is
 87-3    amended to read as follows:
 87-4          Sec. 401.117.  CONSTRUCTION LIMITATION.  The department [or
 87-5    commission] shall prohibit major construction relating to
 87-6    activities to be permitted under a license issued by the agency to
 87-7    process [or dispose of] low-level radioactive waste from other
 87-8    persons until the requirements in Sections 401.113 and 401.114 are
 87-9    completed.
87-10          SECTION 41.  Section 401.151, Health and Safety Code, is
87-11    amended to read as follows:
87-12          Sec. 401.151.  COMPATIBILITY WITH FEDERAL STANDARDS.  The
87-13    department [and commission each] shall assure that the management
87-14    of low-level radioactive waste under its jurisdiction [their
87-15    respective jurisdictions] is compatible with applicable federal
87-16    commission standards.
87-17          SECTION 42.  Section 401.152, Health and Safety Code, is
87-18    amended to read as follows:
87-19          Sec. 401.152.  CORRECTIVE ACTION AND MEASURES.  (a)  If the
87-20    department [or commission], under procedures provided by Section
87-21    401.056, finds that low-level radioactive waste under its
87-22    jurisdiction threatens the public health and safety and the
87-23    environment and that the license holder managing the low-level
87-24    radioactive waste is unable to remove the threat, the agency by
87-25    order may require any action, including a corrective measure, that
87-26    is necessary to remove the threat.
87-27          (b)  The department [agency] shall use the security provided
 88-1    by the license holder to pay the costs of actions that are taken or
 88-2    that are to be taken under this section.  The agency shall send to
 88-3    the comptroller a copy of its order together with necessary written
 88-4    requests authorizing the comptroller to:
 88-5                (1)  enforce security supplied by the license holder;
 88-6                (2)  convert an amount of security into cash, as
 88-7    necessary; and
 88-8                (3)  disburse from the security in the fund the amount
 88-9    necessary to pay the costs.
88-10          SECTION 43.  Subsection (b), Section 401.153, Health and
88-11    Safety Code, is amended to read as follows:
88-12          (b)  A rule adopted under this section may not take effect
88-13    before the 24th month preceding the opening date of the permanent
88-14    management facility licensed [a low-level radioactive waste
88-15    disposal site authorized] under Chapter 402[,] and expires on the
88-16    date that the permanent management facility [disposal site] opens.
88-17          SECTION 44.  Subsection (b), Section 401.301, Health and
88-18    Safety Code, is amended to read as follows:
88-19          (b)  The board by rule shall set the fee in an amount that
88-20    may not exceed the actual expenses annually incurred to:
88-21                (1)  process applications for licenses or
88-22    registrations;
88-23                (2)  amend or renew licenses or registrations;
88-24                (3)  make inspections of license holders and
88-25    registrants; and
88-26                (4)  enforce this chapter and rules, orders, licenses,
88-27    and registrations under this chapter[; and]
 89-1                [(5)  collect payments to the low-level radioactive
 89-2    waste fund and general revenue as provided by Section 402.2721].
 89-3          SECTION 45.  Subsections (a) and (c), Section 401.303, Health
 89-4    and Safety Code, are amended to read as follows:
 89-5          (a)  The department or commission may require the holder of a
 89-6    license issued by the agency under this chapter to pay annually to
 89-7    the issuing agency an amount determined by the issuing agency if
 89-8    continuing or perpetual maintenance, surveillance, or other care is
 89-9    required after termination of a licensed activity.
89-10          (c)  The issuing agency may review estimates of costs that
89-11    are required to be incurred under this chapter in accordance with
89-12    the need, nature, and cost of decontamination, stabilization,
89-13    decommissioning, reclamation, and disposal or other permanent
89-14    management activity and the maintenance and surveillance required
89-15    for public health and safety and the environment.
89-16          SECTION 46.  Subsection (a), Section 401.381, Health and
89-17    Safety Code, is amended to read as follows:
89-18          (a)  A person who violates a provision of this chapter
89-19    relating to an activity under the department's jurisdiction, a
89-20    department rule or order adopted or issued by the department under
89-21    this chapter, [or] a condition of a license issued by the
89-22    department under this chapter, or a condition of registration with
89-23    the department under this chapter [condition] is subject to a civil
89-24    penalty of not less than $100 or more than $25,000 for each
89-25    violation and for each day that a continuing violation occurs.
89-26          SECTION 47.  Subsection (a), Section 401.382, Health and
89-27    Safety Code, is amended to read as follows:
 90-1          (a)  A person commits an offense if the person intentionally
 90-2    or knowingly violates a provision of this chapter relating to an
 90-3    activity under the department's jurisdiction, other than the
 90-4    offense described by Section 401.383.
 90-5          SECTION 48.  Subsection (a), Section 401.383, Health and
 90-6    Safety Code, is amended to read as follows:
 90-7          (a)  A person commits an offense if the person intentionally
 90-8    or knowingly receives, processes, concentrates, stores, or
 90-9    transports[, or disposes of] low-level radioactive waste without a
90-10    license that authorizes the activity issued under this chapter.
90-11          SECTION 49.  Subsection (a), Section 401.412, Health and
90-12    Safety Code, is amended to read as follows:
90-13          (a)  Notwithstanding any other provision of this chapter and
90-14    subject to Sections 401.102 and 401.415, the commission has sole
90-15    and exclusive authority to directly regulate and to grant, deny,
90-16    renew, revoke, suspend, amend, or withdraw licenses for the
90-17    disposal of:
90-18                (1)  low-level radioactive waste, in accordance with
90-19    Chapter 402;
90-20                (2)  by-product material except by-product material
90-21    defined by Section 401.003(3)(B);
90-22                (3)  naturally occurring radioactive material waste
90-23    except oil and gas NORM waste;
90-24                (4)  source material; and
90-25                (5)  special nuclear material [radioactive substances.
90-26    In this subsection, "radioactive substance" does not include
90-27    by-product material as defined by Section 401.003(3)(B)].
 91-1          SECTION 50.  Subsection (a), Section 403.001, Health and
 91-2    Safety Code, is amended to read as follows:
 91-3          (a)  The governor shall appoint six members to represent this
 91-4    state on the commission established by Article III of the Texas
 91-5    Low-Level Radioactive Waste Disposal Compact.  One of the voting
 91-6    members of the compact commission shall be a legal resident of the
 91-7    host county.  In this subsection, "host county" has the meaning
 91-8    assigned by Section 2.01, Article II, Texas Low-Level Radioactive
 91-9    Waste Disposal Compact (Section 403.006) [Hudspeth County, Texas].
91-10          SECTION 51.  Section 7.033, Water Code, is amended to read as
91-11    follows:
91-12          Sec. 7.033.  RECOVERY OF SECURITY FOR [CHAPTER 401, HEALTH
91-13    AND SAFETY CODE,] VIOLATION OF CHAPTER 401 OR 402, HEALTH AND
91-14    SAFETY CODE. (a)  The commission shall seek reimbursement, either
91-15    by a commission order or by a suit filed under Subchapter D by the
91-16    attorney general at the commission's request, of security from the
91-17    radiation and perpetual care fund used by the commission to pay for
91-18    actions, including corrective measures, to remedy spills or
91-19    contamination by radioactive material resulting from a violation of
91-20    Chapter 401, Health and Safety Code, relating to an activity under
91-21    the commission's jurisdiction or a rule adopted or a license,
91-22    registration, or order issued by the commission under that chapter.
91-23          (b)  The commission shall seek reimbursement, either by
91-24    commission order or by a suit filed under Subchapter D by the
91-25    attorney general at the commission's request, of security from the
91-26    permanent management facility decommissioning account used by the
91-27    commission under Section 402.092, Health and Safety Code.
 92-1          SECTION 52.  Section 7.111, Water Code, is amended to read as
 92-2    follows:
 92-3          Sec. 7.111.  RECOVERY OF SECURITY FOR [CHAPTER 401, HEALTH
 92-4    AND SAFETY CODE,] VIOLATION OF CHAPTER 401 OR 402, HEALTH AND
 92-5    SAFETY CODE.  On request by the commission, the attorney general
 92-6    shall file suit to recover security under Section 7.033.
 92-7          SECTION 53.  Subsection (a), Section 7.184, Water Code, is
 92-8    amended to read as follows:
 92-9          (a)  A person commits an offense if the person:
92-10                (1)  intentionally or knowingly violates a provision of
92-11    Chapter 401, Health and Safety Code, relating to an activity under
92-12    the commission's jurisdiction, or Chapter 402, Health and Safety
92-13    Code, other than the offense described by Subdivision (2); or
92-14                (2)  intentionally or knowingly receives, processes,
92-15    packages, concentrates, stores, transports, undertakes assured
92-16    isolation, retrieves, reuses, or disposes of low-level radioactive
92-17    waste without or in violation of a license issued by the commission
92-18    under Chapter 401 or 402, Health and Safety Code.
92-19          SECTION 54.  Section 7.303, Water Code, is amended to read as
92-20    follows:
92-21          Sec. 7.303.  GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE,
92-22    CERTIFICATE, OR REGISTRATION.  (a)  This section applies to a
92-23    license, certificate, or registration issued:
92-24                (1)  by the commission under:
92-25                      (A)  Section 26.0301 or 26.459 of this code;
92-26                      (B)  Chapter 18, 32, 33, or 34 of this code;
92-27                      (C)  Section 361.0861, 361.092, or 361.112,
 93-1    Health and Safety Code; or
 93-2                      (D)  Chapter 366, 371, [or] 401, or 402, Health
 93-3    and Safety Code;
 93-4                (2)  by a county under Subchapter E, Chapter 361,
 93-5    Health and Safety Code; or
 93-6                (3)  under a rule adopted under any of those
 93-7    provisions.
 93-8          (b)  After notice and hearing, the commission may suspend or
 93-9    revoke a license, certificate, or registration the commission or a
93-10    county has issued, place on probation a person whose license,
93-11    certificate, or registration has been suspended, reprimand the
93-12    holder of a license, certificate, or registration, or refuse to
93-13    renew or reissue a license, certificate, or registration on any of
93-14    the following grounds:
93-15                (1)  having a record of environmental violations in the
93-16    preceding five years at the licensed, certified, or registered
93-17    site;
93-18                (2)  committing fraud or deceit in obtaining the
93-19    license, certificate, or registration;
93-20                (3)  demonstrating gross negligence, incompetency, or
93-21    misconduct while acting as holder of a license, certificate, or
93-22    registration;
93-23                (4)  making an intentional misstatement or
93-24    misrepresentation of fact in information required to be maintained
93-25    or submitted to the commission by the holder of the license,
93-26    certificate, or registration;
93-27                (5)  failing to keep and transmit records as required
 94-1    by a statute within the commission's jurisdiction or a rule adopted
 94-2    under such a statute;
 94-3                (6)  being indebted to the state for a fee, payment of
 94-4    a penalty, or a tax imposed by a statute within the commission's
 94-5    jurisdiction or a rule adopted under such a statute;
 94-6                (7)  with respect to a license issued under Chapter 18,
 94-7    failing to continue to possess qualifications necessary for the
 94-8    issuance of an original license;
 94-9                (8)  with respect to a certificate of competency issued
94-10    under Section 26.0301, violating a discharge permit of a sewage
94-11    treatment plant, unless:
94-12                      (A)  the holder of the certificate is unable to
94-13    properly operate the sewage treatment facility due to the refusal
94-14    of the permit holder to authorize necessary expenditures to operate
94-15    the sewage treatment facility properly; or
94-16                      (B)  failure of the sewage treatment facility to
94-17    comply with its discharge permit results from faulty design of the
94-18    sewage treatment facility;
94-19                (9)  with respect to a license issued under Chapter 32,
94-20    failing to advise a person for whom a well is being drilled that
94-21    injurious water has been encountered, is a pollution hazard, and
94-22    must be immediately plugged in an acceptable manner;
94-23                (10)  with respect to a registration issued under
94-24    Chapter 366, Health and Safety Code, violating that chapter or a
94-25    rule adopted under that chapter; [or]
94-26                (11)  with respect to a license issued under Subchapter
94-27    E, Chapter 361, Health and Safety Code, violating that chapter or
 95-1    another applicable law or a commission rule governing the
 95-2    processing, storage, or disposal of solid waste;
 95-3                (12)  with respect to a license issued by the
 95-4    commission under Chapter 401, Health and Safety Code, violating a
 95-5    provision of that chapter or a commission rule relating to an
 95-6    activity under the commission's jurisdiction; or
 95-7                (13)  with respect to a license issued under Chapter
 95-8    402, Health and Safety Code, violating that chapter or another law
 95-9    applicable to the license holder or violating a commission rule
95-10    governing the processing, packaging, storage, assured isolation, or
95-11    disposal of low-level radioactive waste.
95-12          SECTION 55.  Subchapter G, Chapter 7, Water Code, is amended
95-13    by adding Section 7.311 to read as follows:
95-14          Sec. 7.311.  EMERGENCY SUSPENSION AND CORRECTIVE ACTION ORDER
95-15    FOR PERMANENT MANAGEMENT FACILITY.  (a)  If the commission has
95-16    reason to believe a violation of a license issued under Chapter
95-17    402, Health and Safety Code, has occurred or that a condition at
95-18    the permanent management facility licensed under that chapter
95-19    presents or threatens to present a danger to the public health or
95-20    safety or the environment, the commission by order may:
95-21                (1)  summarily suspend the permanent management
95-22    license; and
95-23                (2)  require the permanent management license holder to
95-24    take action to correct the alleged violation or condition.
95-25          (b)  The commission shall provide the permanent management
95-26    license holder an opportunity for a hearing on the facts underlying
95-27    the order on written application to the commission received not
 96-1    later than the 30th day after the date of the order.  The
 96-2    commission shall hold the requested hearing not earlier than the
 96-3    11th day and not later than the 20th day after the date the
 96-4    commission receives the license holder's written application for
 96-5    the hearing.
 96-6          (c)  The commission shall affirmatively continue, modify, or
 96-7    revoke a suspension or order based on the results of the hearing.
 96-8          SECTION 56.  Subsection (a), Section 7.351, Water Code, is
 96-9    amended to read as follows:
96-10          (a)  If it appears that a violation or threat of violation of
96-11    Chapter 16, 26, 28, or 34 of this code or Chapter 361, 371, 372, or
96-12    382, Health and Safety Code, or a provision of Chapter 401, Health
96-13    and Safety Code, under the commission's jurisdiction, or Chapter
96-14    402, Health and Safety Code, or a rule adopted or an order or a
96-15    permit issued by the commission under those chapters or provisions
96-16    has occurred or is occurring in the jurisdiction of a local
96-17    government, the local government or, in the case of a violation of
96-18    Chapter 401 or 402, Health and Safety Code, a person affected, as
96-19    defined by Section 401.003, Health and Safety Code [in that
96-20    chapter], may institute a civil suit under Subchapter D in the same
96-21    manner as the commission in a district court by its own attorney
96-22    for the injunctive relief or civil penalty, or both, as authorized
96-23    by this chapter against the person who committed, is committing, or
96-24    is threatening to commit the violation.
96-25          SECTION 57.  Section 7.354, Water Code, is amended to read as
96-26    follows:
96-27          Sec. 7.354.  COSTS AND FEES.  A penalty collected in a suit
 97-1    under this subchapter for a violation of Chapter 28 of this code or
 97-2    Chapter 401 or 402, Health and Safety Code, shall be paid to the
 97-3    state.  If the suit is brought by a local government or, in the
 97-4    case of a violation of Chapter 401 or 402, Health and Safety Code,
 97-5    by a person affected as defined by Section 401.003, Health and
 97-6    Safety Code [in that chapter], the court shall include in any final
 97-7    judgment in favor of the local government or affected person an
 97-8    award to cover reasonable costs and attorney's fees.
 97-9          SECTION 58.  Section 7.355, Water Code, is amended to read as
97-10    follows:
97-11          Sec. 7.355.  COMPLAINTS.  In the case of a violation of
97-12    Chapter 401 or 402, Health and Safety Code, a local government or
97-13    person affected as defined by Section 401.003, Health and Safety
97-14    Code, may file with the commission a written complaint and may
97-15    request an investigation of an alleged violation by a person who
97-16    holds a permit subject to the commission's jurisdiction.
97-17          SECTION 59.  Section 7.357, Water Code, is amended to read as
97-18    follows:
97-19          Sec. 7.357.  PROSECUTION.  A local government or, in the case
97-20    of a violation of Chapter 401 or 402, Health and Safety Code, a
97-21    person affected as defined by Section 401.003, Health and Safety
97-22    Code, [in that chapter] may bring suit in the county in which the
97-23    alleged violation occurred or is about to occur, if the commission
97-24    does not have a suit filed before the 121st day after the date on
97-25    which the written complaint is filed under Section 7.355.
97-26          SECTION 60.  The following provisions of the Health and
97-27    Safety Code are repealed:
 98-1                (1)  Subchapter F, Chapter 401;
 98-2                (2)  Section 401.306;
 98-3                (3)  Section 401.413;
 98-4                (4)  Sections 402.052 and 402.055;
 98-5                (5)  Subchapters E, F, and G, Chapter 402;
 98-6                (6)  Sections 402.211 through 402.215;
 98-7                (7)  Sections 402.218, 402.219, and 402.220;
 98-8                (8)  Sections 402.224, 402.225, and 402.226;
 98-9                (9)  Section 402.228;
98-10                (10)  Section 402.2721;
98-11                (11)  Subsection (f), Section 402.275; and
98-12                (12)  Subchapter K, Chapter 402.
98-13          SECTION 61.  (a)  This Act takes effect September 1, 2001.
98-14          (b)  The Texas Natural Resource Conservation Commission shall
98-15    formally propose all rules necessary to effect the receipt of
98-16    applications for and issuance of a license under Chapter 402,
98-17    Health and Safety Code, as amended by this Act, on or before June
98-18    1, 2002.
98-19          (c)  Nothing in this Act affects or supercedes the authority
98-20    provided by Section 401.106(c), Health and Safety Code.