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.