By Duncan S.B. No. 1541
77R8605 JJT-D
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. Sections 402.002(a) and (c), Health and Safety
1-15 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 system that uses:
2-15 (i) characteristics of the form of the
2-16 waste;
2-17 (ii) active and ongoing maintenance;
2-18 (iii) active monitoring;
2-19 (iv) isolation facility operating
2-20 procedures;
2-21 (v) institutional controls;
2-22 (vi) natural site characteristics; and
2-23 (vii) engineered features of the facility;
2-24 and
2-25 (B) preserves the ability to retrieve the
2-26 managed waste for subsequent use, processing, or management.
2-27 ["Authority" means the Texas Low-Level Radioactive Waste Disposal
3-1 Authority.]
3-2 (2) "Compact" means the Texas Low-Level Radioactive
3-3 Waste Disposal Compact (Section 403.006). ["Board" means the board
3-4 of directors of the authority.]
3-5 (3) "Compact commission" means the Texas Low-Level
3-6 Radioactive Waste Disposal Compact Commission established by
3-7 Article III of the compact. ["Contract operator" means a political
3-8 subdivision or agency of the state or a private entity with which
3-9 the authority has entered into a contract under Section 402.212.]
3-10 (4) "Department" means the Texas Department of Health.
3-11 (5) "Disposal" means isolation or removal of low-level
3-12 radioactive waste from mankind and mankind's environment without
3-13 intent to retrieve that waste later. The term does not include
3-14 emissions and discharges under department rules. ["Disposal site"
3-15 means the property and facilities acquired, constructed, and owned
3-16 by the authority at which low-level radioactive waste can be
3-17 processed and disposed of permanently.]
3-18 (6) "Low-level radioactive waste" has the meaning
3-19 assigned by Section 401.004.
3-20 (7) ["Management" means establishing, adopting, and
3-21 entering into and assuring compliance with the general policies,
3-22 rules, and contracts that govern the operation of a disposal site.]
3-23 [(8)] "Operation" means the control, supervision, and
3-24 implementation of the actual physical activities involved in
3-25 permanent management [the receipt, processing, packaging, storage,
3-26 disposal, and monitoring of low-level radioactive waste] at a
3-27 permanent management facility [disposal site], the maintenance of a
4-1 permanent management facility [disposal site], and any other
4-2 responsibilities [designated by] the commission designates [board]
4-3 as part of the operation.
4-4 (8) "Permanent management" means:
4-5 (A) disposal or assured isolation with later
4-6 conversion of the assured isolation facility for on-site disposal
4-7 of the isolated waste; and
4-8 (B) related on-site activities, including
4-9 receipt, processing, packaging, storage, and monitoring of
4-10 low-level radioactive waste.
4-11 (9) "Permanent management facility" means a site and
4-12 on-site improvements designed for permanent management.
4-13 (10) [(9)] "Person" includes a legal successor to or
4-14 representative, agent, or agency of any person.
4-15 (11) [(10)] "Radioactive material" means solid,
4-16 liquid, or gaseous material, whether occurring naturally or
4-17 produced artificially, that emits radiation spontaneously.
4-18 (12) [(11)] "Rangeland and wildlife management plan"
4-19 means a plan that applies rangeland and wildlife habitat management
4-20 techniques to land located in the vicinity of a disposal site so
4-21 that the natural productivity and economic value of the land are
4-22 enhanced.
4-23 (13) [(12)] "Bond" means any type of obligation issued
4-24 by the commission [authority] under this chapter, including a
4-25 certificate of obligation, bond, note, draft, bill, warrant,
4-26 debenture, interim certificate, revenue or bond anticipation note,
4-27 or other evidence of indebtedness.
5-1 (14) [(13)] "Host county" means the county in which
5-2 the permanent management facility [disposal site] is or will be
5-3 located.
5-4 (15) [(14)] "Commission" means the Texas Natural
5-5 Resource Conservation Commission.
5-6 (16) "Executive director" means the executive director
5-7 of the commission.
5-8 Sec. 402.004. REFERENCES IN LAW TO TEXAS LOW-LEVEL
5-9 RADIOACTIVE WASTE DISPOSAL AUTHORITY [AGENCY ABOLISHED AND
5-10 FUNCTIONS TRANSFERRED]. A [The authority is abolished and any]
5-11 reference in [this chapter or another] law to the Texas Low-Level
5-12 Radioactive Waste Disposal Authority [authority] or the board of
5-13 directors of the authority means the Texas Natural Resource
5-14 Conservation Commission.
5-15 SECTION 5. Subchapter B, Chapter 402, Health and Safety
5-16 Code, is amended to read as follows:
5-17 SUBCHAPTER B. LICENSING OF PERMANENT MANAGEMENT
5-18 FACILITY [ADMINISTRATIVE PROVISIONS]
5-19 Sec. 402.011. LICENSE REQUIRED. A person may not dispose of
5-20 or engage in assured isolation of low-level radioactive waste or
5-21 accept low-level radioactive waste for disposal or assured
5-22 isolation unless:
5-23 (1) the person holds a permanent management license
5-24 issued under this subchapter; and
5-25 (2) the disposal or assured isolation is conducted in
5-26 accordance with the:
5-27 (A) permanent management license issued under
6-1 this subchapter; and
6-2 (B) methods and procedures prescribed under
6-3 Section 402.060.
6-4 Sec. 402.012. LICENSING AUTHORITY. (a) The commission by
6-5 rule shall provide for receiving applications for and issuing a
6-6 single license for permanent management at a single permanent
6-7 management facility. The commission may issue the license only for
6-8 a permanent management facility that meets:
6-9 (1) requirements for licensing provided by this
6-10 chapter and by commission rules;
6-11 (2) requirements for disposal adopted by the
6-12 commission that are as stringent as necessary to meet federal
6-13 requirements for disposal; and
6-14 (3) the entire necessary capacity determined under
6-15 Section 402.061.
6-16 (b) The commission by rule shall provide that the permanent
6-17 management license authorizes only the permanent management of:
6-18 (1) low-level radioactive waste to be managed under
6-19 the compact in accordance with the volumes and types of low-level
6-20 radioactive waste established by the compact commission under
6-21 Section 3.04(11) of the compact; and
6-22 (2) non-compact low-level radioactive waste approved
6-23 for importation to this state by the compact commission under
6-24 Section 3.05 of the compact.
6-25 (c) The commission may amend the permanent management
6-26 license to authorize the expansion of the licensed permanent
6-27 management facility to meet an unmet necessary capacity identified
7-1 under Section 402.061. If the commission determines that the
7-2 single licensed permanent management facility cannot be expanded to
7-3 meet the unmet necessary capacity, the commission may issue a
7-4 single additional permanent management license for an additional
7-5 permanent management facility to meet the unmet capacity in
7-6 accordance with the procedure prescribed by this subchapter for the
7-7 issuance of the original permanent management license.
7-8 Sec. 402.013. REGIONAL DISPOSAL FACILITY. The permanent
7-9 management facility licensed under this chapter is the regional
7-10 disposal facility established and operated under the compact for
7-11 purposes of the federal Low-Level Radioactive Waste Policy Act, as
7-12 amended by the Low-Level Radioactive Waste Policy Amendments Act of
7-13 1985 (42 U.S.C. Sections 2021b-2021j).
7-14 Sec. 402.014. UNSUITABLE SITES. (a) To the extent
7-15 necessary to protect the public health and safety and the
7-16 environment, the commission by rule shall adopt criteria for the
7-17 designation of a site as unsuitable for assured isolation or
7-18 disposal under this chapter, including criteria regarding risks
7-19 presented by:
7-20 (1) active tectonic processes, including earthquakes
7-21 and other seismic activity;
7-22 (2) movements of groundwater, surface water, and storm
7-23 water runoff;
7-24 (3) flooding and rainfall patterns;
7-25 (4) violent storms, including hurricanes, tornados,
7-26 and lightning;
7-27 (5) prevalent or seasonal winds or temperatures; and
8-1 (6) proximity of the site to population centers or by
8-2 the density of population near the site.
8-3 (b) The commission shall prohibit permanent management at a
8-4 site located:
8-5 (1) in a 100-year flood plain;
8-6 (2) in an area with an average annual rainfall of more
8-7 than 26 inches per year; or
8-8 (3) less than 20 miles upstream of or up-drainage from
8-9 the maximum elevation of the surface of a reservoir project that:
8-10 (A) has been constructed or is under
8-11 construction by the United States Bureau of Reclamation or the
8-12 United States Army Corps of Engineers; or
8-13 (B) has been approved for construction by the
8-14 Texas Water Development Board as part of the state water plan under
8-15 Subchapter C, Chapter 16, Water Code.
8-16 (c) The commission shall consider whether sites appropriate
8-17 for a permanent management facility are appropriate for low-level
8-18 radioactive waste that is not managed under the compact. The
8-19 commission shall report to the governor and the compact commission
8-20 policy recommendations and recommendations for legislation
8-21 regarding permanent management of that waste at or adjacent to a
8-22 permanent management facility licensed under this chapter.
8-23 Sec. 402.015. NOTICE OF APPLICATIONS AND HEARINGS. When the
8-24 commission is prepared to accept applications for the permanent
8-25 management license, the commission shall give to the secretary of
8-26 state for publication in the Texas Register a notice that provides
8-27 the date the commission will begin accepting applications for the
9-1 proposed permanent management facility. The notice must reference
9-2 the commission's rules regarding the application process and
9-3 requirements for licensing.
9-4 Sec. 402.016. APPLICATION PROCEDURES. (a) The commission by
9-5 rule shall adopt procedures for handling applications under this
9-6 subchapter.
9-7 (b) The procedures must include appropriate restrictions on
9-8 communications between applicants or prospective applicants and the
9-9 commission or commission staff:
9-10 (1) during the period between the time the commission
9-11 gives notice under Section 402.015 and the time the executive
9-12 director issues a proposed recommendation under Section 402.025;
9-13 (2) during the comment periods provided under Sections
9-14 402.025 and 402.026;
9-15 (3) during the period after the executive director
9-16 issues a final recommendation under Section 402.026 and before the
9-17 commission takes action under Section 402.027(b); and
9-18 (4) during the contested case hearing under Section
9-19 402.027 and before the commission takes action under Section
9-20 402.028(b).
9-21 Sec. 402.017. APPLICATION REQUIREMENTS. (a) To apply for
9-22 the permanent management license, a person must:
9-23 (1) present to the commission an application on a form
9-24 the commission prescribes; and
9-25 (2) pay an application fee in an amount set by the
9-26 commission.
9-27 (b) A person may apply for the permanent management license
10-1 only if the person owns in fee simple or holds an option to
10-2 purchase in fee simple all interest in the land on which the
10-3 applicant proposes to locate the permanent management facility and
10-4 the improvements on the land. The applicant must attach to the
10-5 application documents establishing the ownership interest. This
10-6 subsection does not apply if the commission is considering
10-7 applications for a permanent management license to be issued for
10-8 permanent management on property previously conveyed to the state
10-9 under Section 402.031.
10-10 (c) An application for the permanent management license
10-11 must include:
10-12 (1) a certification by the commissioners court of each
10-13 county of this state in which any part of the proposed permanent
10-14 management facility is located that the site of the proposed
10-15 facility has been approved by a referendum held as provided by
10-16 Section 402.040; and
10-17 (2) all plans, designs, specifications, schedules,
10-18 analyses, and other information the commission establishes by rule
10-19 under Sections 402.020-402.024 as necessary for the executive
10-20 director and the commission to evaluate the applicant's technical,
10-21 insurance, and financial qualifications or any other of the
10-22 applicant's qualifications the commission considers necessary to
10-23 protect the public health or safety or the environment.
10-24 Sec. 402.018. COMPLETE APPLICATIONS. (a) The commission
10-25 shall require applications to be submitted on or before the 120th
10-26 day after the date notice is published under Section 402.015. The
10-27 applications must address each of the criteria established under
11-1 Sections 402.020-402.024.
11-2 (b) On or before the 45th day after the date the application
11-3 is received, the executive director shall issue a notice of
11-4 deficiency to each applicant whose application is timely submitted
11-5 but is determined by the executive director to be administratively
11-6 incomplete.
11-7 (c) The commission shall provide an applicant for whom a
11-8 notice of deficiency is issued a single opportunity to cure the
11-9 noted deficiencies in the application on or before the 30th day
11-10 after the date of the notice of deficiency.
11-11 (d) The executive director shall reject any application
11-12 that, after the period for correcting deficiencies has expired, is
11-13 not administratively complete.
11-14 Sec. 402.019. SCORING OF APPLICATIONS. (a) The executive
11-15 director shall have prepared by commission personnel or an
11-16 independent contractor a written evaluation of each complete
11-17 application in terms of the criteria established under Sections
11-18 402.020-402.024.
11-19 (b) The executive director shall use the written evaluations
11-20 and application materials to score each application according to
11-21 the criteria established under Sections 402.020-402.024. The
11-22 executive director shall give each application a score for each
11-23 criterion for purposes of comparing the relative merit of the
11-24 applications, giving:
11-25 (1) equal weight to each criterion within a tier of
11-26 criteria;
11-27 (2) the greatest weight to tier 1 criteria, greater
12-1 weight to tier 2 criteria than to tier 3 criteria, and the least
12-2 weight to tier 4 criteria; and
12-3 (3) greater weight to an application for an assured
12-4 isolation facility than to an application for a disposal facility
12-5 if the overall scores assigned to the applications under this
12-6 section are equal.
12-7 Sec. 402.020. TIER 1 CRITERIA. (a) The commission by rule
12-8 shall adopt tier 1 criteria to evaluate:
12-9 (1) the natural characteristics of the site for a
12-10 proposed permanent management facility; and
12-11 (2) the adequacy of financial assurance related to the
12-12 proposed permanent management facility.
12-13 (b) Criteria for evaluating natural characteristics of the
12-14 site for a proposed permanent management facility must include:
12-15 (1) the suitability of the site for assured isolation
12-16 or disposal, including the site's:
12-17 (A) geological characteristics;
12-18 (B) topography, including features relating to
12-19 erosion;
12-20 (C) surface and underground hydrology;
12-21 (D) meteorological factors; and
12-22 (E) natural hazards;
12-23 (2) the compatibility of permanent management at the
12-24 site with any uses of land near the site that could affect the
12-25 natural performance of the site or that could affect monitoring of
12-26 the site;
12-27 (3) the adequacy of prelicense monitoring data and
13-1 background monitoring plans for the site, including analysis of the
13-2 ambient conditions of the site and established trends of the site's
13-3 natural parameters, including:
13-4 (A) natural background radioactivity levels;
13-5 (B) radon gas levels;
13-6 (C) air particulate levels;
13-7 (D) soil characteristics, including the chemical
13-8 characteristics;
13-9 (E) surface water and groundwater
13-10 characteristics; and
13-11 (F) flora and fauna at the site;
13-12 (4) whether the site's natural characteristics
13-13 disqualify the site as unsuitable under criteria adopted under
13-14 Section 402.014;
13-15 (5) the feasibility of expanding the site to
13-16 accommodate a greater capacity if necessary;
13-17 (6) the possible effects of permanent management at
13-18 the site on flora and fauna at or near the site;
13-19 (7) the ease of access to the site; and
13-20 (8) the costs of transporting low-level radioactive
13-21 waste to the site.
13-22 (c) The financial assurance criteria must include:
13-23 (1) the adequacy of the applicant's financial
13-24 qualifications to conduct permanent management as proposed,
13-25 including any required decontamination, decommissioning,
13-26 reclamation, or disposal;
13-27 (2) the adequacy of the applicant's financial
14-1 assurance in an amount and type acceptable to the commission and
14-2 adequate to cover potential injury to any property or person;
14-3 (3) the adequacy of the applicant's financial
14-4 security, as required by commission rules adopted under Section
14-5 402.034; and
14-6 (4) the degree of certainty that the applicant will be
14-7 able to maintain adequate financial security.
14-8 (d) In adopting financial assurance criteria, the commission
14-9 may consider the different times at which similar expenditures
14-10 would be necessary for an assured isolation facility as compared to
14-11 a disposal facility, the different expenditures necessary for those
14-12 types of facilities, and the different life-cycle costs for those
14-13 types of facilities.
14-14 Sec. 402.021. TIER 2 CRITERIA. The commission shall adopt
14-15 tier 2 criteria to evaluate:
14-16 (1) the suitability and compatibility of facilities at
14-17 the site that are associated with permanent management;
14-18 (2) the suitability of the proposed permanent
14-19 management facility for the chemical, radiological, and biological
14-20 characteristics of the low-level radioactive waste as classified
14-21 under the system established under Section 401.053;
14-22 (3) whether the on-site improvements proposed for the
14-23 proposed permanent management facility meet the necessary capacity
14-24 determined under Section 402.061; and
14-25 (4) whether the proposed permanent management would
14-26 violate rules adopted under Section 402.060(b) or (c).
14-27 Sec. 402.022. TIER 3 CRITERIA. The commission shall adopt
15-1 tier 3 criteria to evaluate the applicant's:
15-2 (1) technical qualifications for management of
15-3 low-level radioactive waste;
15-4 (2) experience in management and disposal of low-level
15-5 radioactive waste and other radioactive materials;
15-6 (3) previous operating practices in this state and
15-7 elsewhere, including the practices of a parent, subsidiary, or
15-8 affiliated entity of the applicant, related to radioactive
15-9 materials;
15-10 (4) record of compliance with environmental statutes,
15-11 rules, and licenses in this state and in any other jurisdiction,
15-12 including the records of a parent, subsidiary, or affiliated entity
15-13 of the applicant;
15-14 (5) training programs proposed for its employees whose
15-15 duties relate to the proposed permanent management facility;
15-16 (6) monitoring, recordkeeping, and reporting plans;
15-17 (7) low-level radioactive waste spill detection and
15-18 cleanup plans for the proposed permanent management facility and
15-19 for associated transportation of the waste;
15-20 (8) decommissioning and post-closure plans for the
15-21 proposed permanent management facility;
15-22 (9) security plans for the proposed permanent
15-23 management facility;
15-24 (10) monitoring and protection plans for workers at
15-25 the proposed permanent management facility;
15-26 (11) emergency plans;
15-27 (12) plans for background monitoring of the proposed
16-1 permanent management facility during the license period, including
16-2 analysis of the ambient conditions of the site and analysis of
16-3 established trends of the site's natural parameters, including:
16-4 (A) natural background radioactivity levels;
16-5 (B) radon gas levels;
16-6 (C) air particulate levels;
16-7 (D) soil characteristics, including the chemical
16-8 characteristics;
16-9 (E) surface water and groundwater
16-10 characteristics; and
16-11 (F) flora and fauna at the site; and
16-12 (13) ability to adequately manage the proposed
16-13 permanent management facility for the term of the license.
16-14 Sec. 402.023. TIER 4 CRITERIA. The commission shall adopt
16-15 tier 4 criteria to evaluate:
16-16 (1) the compatibility of uses of land near the
16-17 proposed permanent management facility that could be affected by
16-18 the construction and operation of the facility; and
16-19 (2) possible socioeconomic effects of the proposed
16-20 permanent management facility, its operation, and related
16-21 transportation of low-level radioactive waste to the facility on
16-22 communities in the host county.
16-23 Sec. 402.024. ADDITIONAL CRITERIA. The commission by rule
16-24 may adopt other criteria it finds necessary to protect the public
16-25 health or safety or the environment. The commission shall specify
16-26 for each additional criterion the tier within which the criterion
16-27 will be weighed.
17-1 Sec. 402.025. PROPOSED RECOMMENDATION FOR LICENSING HEARING.
17-2 (a) The executive director shall:
17-3 (1) issue a proposed recommendation to the commission
17-4 for a licensing hearing to consider the application that receives
17-5 the highest overall score under Section 402.019;
17-6 (2) include with the proposed recommendation the
17-7 executive director's written evaluation of the merits of the
17-8 application in terms of the criteria established under Sections
17-9 402.020-402.024; and
17-10 (3) give a copy of the proposed recommendation and
17-11 written evaluation to the secretary of state for publication in the
17-12 Texas Register.
17-13 (b) During the 60 days following the publication date of the
17-14 proposed recommendation and written evaluation under Subsection
17-15 (a)(3), the executive director shall accept in written form:
17-16 (1) public comment on the proposed recommendation; and
17-17 (2) proposals for alternatives to the proposed
17-18 recommendation.
17-19 (c) The recommended applicant shall publish notice of the
17-20 public comment period in a newspaper of general circulation in the
17-21 county in which the site for the proposed permanent management
17-22 facility is located at least once each week of the comment period.
17-23 The notices published before the public meeting required by
17-24 Subsection (d) is held must include the time and place of the
17-25 meeting. On or before the fifth day after the date a public
17-26 meeting under Subsection (d) is set, the recommended applicant
17-27 shall mail a notice of the public meeting by certified mail to each
18-1 person who owns land adjacent to the site of the proposed permanent
18-2 management facility.
18-3 (d) The executive director shall conduct at least one public
18-4 meeting to receive public comments on the proposed recommendation
18-5 and alternatives to the proposed recommendation. The executive
18-6 director shall set the time and place of a meeting as soon as
18-7 practicable after the publication date of the proposed
18-8 recommendation. A public meeting must be held:
18-9 (1) in the county in which the site of the proposed
18-10 permanent management facility is located; and
18-11 (2) after the 21st day following the publication date
18-12 of the proposed recommendation under Subsection (a)(3) and before
18-13 the 45th day after that publication date.
18-14 Sec. 402.026. RESPONSE TO COMMENTS; RECOMMENDATION TO
18-15 COMMISSION. (a) The executive director shall consider each
18-16 comment and alternative received under Section 402.025 and shall
18-17 prepare a written response to the comments and proposed
18-18 alternatives. The written response must include:
18-19 (1) a reaffirmation of the proposed recommendation as
18-20 the final recommendation;
18-21 (2) a final recommendation incorporating changes to
18-22 the proposed recommendation; or
18-23 (3) a different proposed recommendation.
18-24 (b) If the executive director makes a different proposed
18-25 recommendation under Subsection (a)(3) or if the commission
18-26 requests the executive director to make another or a modified
18-27 recommendation under Section 402.027, the executive director shall
19-1 order a period of at least 60 days for public comment and shall
19-2 conduct at least one public meeting as provided by Section 402.025.
19-3 The applicant shall publish notice of the public comment period and
19-4 the public meeting in accordance with Section 402.025. The
19-5 executive director shall prepare a written response to comments and
19-6 proposed alternatives received under this subsection as provided by
19-7 Subsection (a).
19-8 (c) The executive director shall:
19-9 (1) give the written response prepared under
19-10 Subsection (a) or (b) to the secretary of state for publication in
19-11 the Texas Register; and
19-12 (2) file the written response prepared under
19-13 Subsection (a) or (b) with the chief clerk of the commission for
19-14 transmittal to:
19-15 (A) each applicant;
19-16 (B) each person who submitted a comment or
19-17 alternative during the public comment period; and
19-18 (C) each person who requested to be on the
19-19 mailing list for information regarding actions on the license
19-20 applications.
19-21 Sec. 402.027. CONSIDERATION OF RECOMMENDATION BY COMMISSION.
19-22 (a) The commission shall include on the first practicable agenda
19-23 for a public meeting after the publication of the executive
19-24 director's final recommendation under Section 402.026 the issue of
19-25 approving the recommendation.
19-26 (b) The commission may:
19-27 (1) approve the recommendation and send the
20-1 application to the State Office of Administrative Hearings for a
20-2 contested case on the license application;
20-3 (2) disapprove the recommendation and request the
20-4 executive director to make another or a modified recommendation; or
20-5 (3) delay its determination on the recommendation
20-6 until a date certain and refer to the State Office of
20-7 Administrative Hearings for a hearing an issue that:
20-8 (A) involves a disputed question of fact;
20-9 (B) was raised during the public comment period;
20-10 and
20-11 (C) is relevant and material to the commission's
20-12 determination regarding the proper scoring of the application or
20-13 the commission's ultimate determination on the application.
20-14 Sec. 402.028. CONTESTED CASE; FINAL ACTION ON APPLICATION.
20-15 (a) An administrative law judge of the State Office of
20-16 Administrative Hearings shall conduct a contested case hearing on
20-17 the application sent to the office under Section 402.027(b)(1) on
20-18 the issue of whether, according to the weighted criteria
20-19 established under Sections 402.020-402.024, the application should
20-20 be approved. At least part of the hearing must be held in the
20-21 county in which the proposed permanent management facility will be
20-22 located.
20-23 (b) The commission shall take final action on the proposal
20-24 for decision of the administrative law judge on or before the 90th
20-25 day after the date of the proposal.
20-26 Sec. 402.029. MEDIATION. (a) The commission or the
20-27 administrative law judge may appoint one or more mediators to
21-1 facilitate the settlement of disputes among parties to the hearing
21-2 under Section 402.028.
21-3 (b) The commission or the administrative law judge may
21-4 provide for mediation sessions to take place before or during the
21-5 hearing.
21-6 Sec. 402.030. JUDICIAL REVIEW. (a) Notwithstanding any
21-7 other law, including Subchapter I, Chapter 5, Water Code, a person
21-8 affected by an action of or by inaction of the executive director
21-9 or the commission under this subchapter may file a petition for
21-10 judicial review of the action only after the commission takes final
21-11 action on a license application under Section 402.028(b).
21-12 (b) In its review of an action under this subchapter, a
21-13 court may not substitute its judgment for the judgment of the
21-14 executive director or the commission on the weight of the evidence
21-15 the executive director or commission considered, but:
21-16 (1) may affirm the action in whole or in part; and
21-17 (2) shall reverse or remand the case for further
21-18 proceedings if substantial rights of the petitioner have been
21-19 prejudiced because the administrative findings, inferences,
21-20 conclusions, or decisions:
21-21 (A) are in violation of a constitutional or
21-22 statutory provision;
21-23 (B) are in excess of the agency's statutory
21-24 authority;
21-25 (C) are made through unlawful procedure;
21-26 (D) are affected by other error of law;
21-27 (E) are not reasonably supported by substantial
22-1 evidence considering the reliable and probative evidence in the
22-2 record as a whole; or
22-3 (F) are arbitrary or capricious or characterized
22-4 by abuse of discretion or clearly unwarranted exercise of
22-5 discretion.
22-6 Sec. 402.031. ISSUANCE OF LICENSE; CONVEYANCE OF FACILITY.
22-7 (a) The commission may issue the permanent management license to
22-8 an applicant only after the applicant has conveyed to the state in
22-9 fee at no cost to the state all right, title, and interest to the
22-10 land on which the proposed permanent management facility is to be
22-11 located together with all improvements on and requisite rights of
22-12 access to that property.
22-13 (b) The transfer of property under this section does not
22-14 relieve the permanent management license holder of liability for an
22-15 act or omission before the transfer or while the property is in the
22-16 possession and control of the license holder.
22-17 (c) The title and all related rights and interest in
22-18 property conveyed under this section are the property of the
22-19 commission on the state's behalf. The commission may administer
22-20 the property in the name of the state.
22-21 Sec. 402.032. LICENSE CONDITIONS. (a) The permanent
22-22 management license must specify that the commission:
22-23 (1) has the right to monitor and inspect at any time
22-24 the permanent management facility, activities at the facility, and
22-25 all records related to activities at the facility; and
22-26 (2) may revoke or suspend the license if the permanent
22-27 management license holder fails to comply with:
23-1 (A) a condition of the license or of any other
23-2 authorization issued for the permanent management facility by the
23-3 commission, another state agency, or the federal government; or
23-4 (B) any state or federal law or rule related to
23-5 the operation of the permanent management facility.
23-6 (b) The holder of the permanent management license may not
23-7 take any action under the license until the holder has all federal
23-8 and state licenses or other authorizations necessary to take the
23-9 action.
23-10 Sec. 402.033. TERM OF LICENSE. The permanent management
23-11 license expires on the 20th anniversary of the date of its
23-12 issuance.
23-13 Sec. 402.034. FINANCIAL SECURITY. (a) In this section
23-14 "security" has the meaning assigned by Section 401.109(c).
23-15 (b) The commission shall require the permanent management
23-16 license holder to provide financial security acceptable to the
23-17 commission to assure performance of the license holder's
23-18 obligations under this chapter.
23-19 (c) The amount and type of security required shall be
23-20 determined as provided by commission rules in accordance with
23-21 criteria specified by those rules, including:
23-22 (1) the need for and scope of decontamination,
23-23 decommissioning, reclamation, or disposal activity reasonably
23-24 required to protect the public health and safety and the
23-25 environment;
23-26 (2) reasonable estimates of the cost of
23-27 decontamination, decommissioning, reclamation, and disposal as
24-1 projected by the commission under Section 402.063;
24-2 (3) reasonable estimates of the costs of corrective
24-3 actions that may be ordered under Section 402.092; and
24-4 (4) the cost of perpetual maintenance and
24-5 surveillance, if any.
24-6 Sec. 402.035. REVIEW OF QUALIFICATIONS AND SECURITY. The
24-7 commission annually shall reevaluate the financial qualifications
24-8 of and security provided by the permanent management license holder
24-9 under this chapter. The reevaluation may coincide with license
24-10 renewal procedures in the year the license is scheduled to expire.
24-11 Sec. 402.036. LICENSE NOT TRANSFERABLE. The permanent
24-12 management license is not transferable.
24-13 Sec. 402.037. RENEWAL OF LICENSE. (a) The commission may
24-14 renew a permanent management license as provided by this section
24-15 for a period determined by the commission not to exceed 10 years.
24-16 (b) The commission by rule shall adopt reasonable procedures
24-17 for renewal of the permanent management license. The rules must
24-18 include:
24-19 (1) procedures for:
24-20 (A) notifying the license holder that the
24-21 license is scheduled for review for renewal; and
24-22 (B) reviewing and acting on an application for
24-23 renewal;
24-24 (2) general requirements for an application for
24-25 renewal; and
24-26 (3) a date by which the license holder must apply for
24-27 renewal, which must be not less than six and not more than 18
25-1 months before the date the license expires.
25-2 (c) The commission shall give public notice of and hold at
25-3 least one public meeting on the renewal application in the county
25-4 in which the permanent management facility is located. A meeting
25-5 under this subsection is not a contested case hearing under Chapter
25-6 2001, Government Code.
25-7 (d) At least once each week during the three weeks preceding
25-8 a public meeting held under this section, the license holder shall
25-9 publish notice of the meeting in the newspaper with the greatest
25-10 circulation that is published in the county in which the permanent
25-11 management facility is located. If no newspaper is published in
25-12 the county, the license holder shall publish the notices in a
25-13 newspaper of general circulation in the county.
25-14 Sec. 402.038. LICENSE AMENDMENTS. (a) The commission on
25-15 its own motion or on petition by the permanent management license
25-16 holder may amend the permanent management license after a public
25-17 hearing. The commission shall give notice of the hearing by
25-18 publication in the Texas Register and in a newspaper of general
25-19 circulation in the county in which the permanent management
25-20 facility is located on or before the 30th day before the date of
25-21 the hearing.
25-22 (b) The commission by rule shall adopt standards and
25-23 procedures for amending the permanent management license.
25-24 (c) The commission shall ensure that any amendment of the
25-25 permanent management license does not contravene federal
25-26 requirements or state law.
25-27 (d) An amendment may take effect immediately.
26-1 Sec. 402.039. LICENSES AND RULES TO COMPLY WITH FEDERAL
26-2 STANDARDS. The commission may adopt rules and amend a permanent
26-3 management license as necessary for compliance with federal
26-4 standards for facilities and sites for the disposal of low-level
26-5 radioactive waste and for assured isolation of low-level
26-6 radioactive waste intended for conversion to on-site disposal.
26-7 Sec. 402.040. COUNTY REFERENDUM. (a) The commissioners
26-8 court of a county on its own motion may order a referendum on the
26-9 question of whether county residents approve the siting of a
26-10 proposed permanent management facility in the county. The
26-11 commissioners court shall order an election on the question if the
26-12 commissioners court receives a petition in favor of the election
26-13 signed by a number of registered voters of the county equal to at
26-14 least 10 percent of the number of votes cast for governor in the
26-15 county in the most recent gubernatorial election.
26-16 (b) An election under this section must be held not earlier
26-17 than the 45th day after the date of the election order and not
26-18 later than the 90th day after the date of the order. Section
26-19 41.001(a), Election Code, does not apply to the election.
26-20 (c) The ballot for the election shall be printed to permit
26-21 voting for or against the proposition: "The approval of the
26-22 proposed site for a permanent management facility for low-level
26-23 radioactive waste located ___________________________ (legal
26-24 description of the proposed location)."
26-25 (d) The commissioners court may include in a single election
26-26 a proposition for each of two or more proposed permanent management
26-27 facility sites.
27-1 (e) The commissioners court shall certify whether a proposed
27-2 permanent management facility described by a ballot proposition is
27-3 approved by a majority of the votes cast in the election. [TEXAS
27-4 LOW-LEVEL RADIOACTIVE WASTE DISPOSAL AUTHORITY. (a) The Texas
27-5 Low-Level Radioactive Waste Disposal Authority is a state agency
27-6 created under Article XVI, Section 59(a), of the Texas
27-7 Constitution.]
27-8 [(b) The authority has statewide jurisdiction.]
27-9 [Sec. 402.013. BOARD OF DIRECTORS. (a) A board of
27-10 directors composed of six members shall manage and control the
27-11 authority and administer and implement this chapter.]
27-12 [(b) The governor shall appoint the following members of the
27-13 board with the advice and consent of the senate:]
27-14 [(1) one doctor of medicine or doctor of osteopathic
27-15 medicine licensed to practice medicine in this state;]
27-16 [(2) one certified health physicist;]
27-17 [(3) one attorney licensed to practice law in this
27-18 state;]
27-19 [(4) one geologist; and]
27-20 [(5) two persons who represent the public.]
27-21 [(c) After a disposal site is selected under Section
27-22 402.090, the governor shall appoint to the board, at the earliest
27-23 opportunity, at least one representative of the public as a
27-24 representative of local interests. A representative of the public
27-25 appointed to represent local interests must be a resident of the
27-26 host county. The representative may not be an elected county
27-27 official or a county employee.]
28-1 [Sec. 402.014. SPECIAL LIMITATIONS ON PUBLIC MEMBERS. A
28-2 member of the board who represents the public or a person related
28-3 within the second degree by affinity or within the third degree by
28-4 consanguinity, as determined under Chapter 573, Government Code, to
28-5 that member may not be an employee of or otherwise have a financial
28-6 interest in any person who has a contract with or who uses the
28-7 services of a site in the United States for storing, processing, or
28-8 disposing of low-level radioactive waste.]
28-9 [Sec. 402.015. TERM OF OFFICE. Board members serve for
28-10 staggered six-year terms, with the terms of two members expiring
28-11 February 1 of each odd-numbered year.]
28-12 [Sec. 402.016. VACANCY. A vacancy on the board shall be
28-13 filled for the unexpired term in the manner provided by Section
28-14 402.013(b) for selection of board members.]
28-15 [Sec. 402.017. ORGANIZATION OF BOARD. Every two years after
28-16 board members are regularly appointed and have qualified for office
28-17 by taking the oath, the board shall meet at the authority's central
28-18 office, organize by selecting officers, and begin to discharge its
28-19 duties.]
28-20 [Sec. 402.018. OFFICERS. (a) At the first meeting after
28-21 new members are regularly appointed to the board, the members of
28-22 the board shall select from their members a chairman,
28-23 vice-chairman, and secretary who serve for two-year terms.]
28-24 [(b) The chairman shall preside at meetings of the board,
28-25 and in the chairman's absence, the vice-chairman shall preside.]
28-26 [(c) The chairman, vice-chairman, and secretary shall
28-27 perform the duties and may exercise the powers specifically given
29-1 to them by this chapter or by orders of the board.]
29-2 [Sec. 402.019. COMPENSATION. A board member is entitled to
29-3 compensation as provided by the authority's budget.]
29-4 [Sec. 402.020. AUTHORITY OFFICES. The board shall maintain:]
29-5 [(1) a central office in the city of Austin for
29-6 conducting the authority's business; and]
29-7 [(2) an authority office at each disposal site under
29-8 construction or operated under this chapter.]
29-9 [Sec. 402.021. BOARD MEETINGS. (a) The board shall hold
29-10 regular quarterly meetings on dates established by board rule and
29-11 shall hold special meetings at the call of the chairman or on the
29-12 written request of one board member to the chairman.]
29-13 [(b) In accordance with Chapter 551, Government Code, the
29-14 board shall hold an annual meeting in the host county with
29-15 officials and representatives of political subdivisions of the host
29-16 county to discuss concerns relating to that disposal site.]
29-17 [Sec. 402.022. OFFICIAL ACTS. To be valid, an official act
29-18 must receive the affirmative vote of a majority of the board
29-19 members.]
29-20 [Sec. 402.023. MINUTES AND RECORDS. (a) The board shall
29-21 keep a complete written account of its meetings and other
29-22 proceedings and shall preserve its minutes, contracts, plans,
29-23 notices, accounts, receipts, and records of all kinds in a secure
29-24 manner.]
29-25 [(b) Minutes, contracts, plans, notices, accounts, receipts,
29-26 and other records are the property of the authority and are subject
29-27 to public inspection.]
30-1 [Sec. 402.024. GENERAL MANAGER. (a) The board shall employ
30-2 a general manager to be the chief administrative officer of the
30-3 authority. The board may delegate to the general manager the
30-4 authority to manage and operate the affairs of the authority
30-5 subject only to orders of the board.]
30-6 [(b) The general manager shall execute a bond in an amount
30-7 determined by the board, payable to the authority, and conditioned
30-8 on the faithful performance of the general manager's duties. The
30-9 authority shall pay for the bond.]
30-10 [(c) The general manager is entitled to compensation as
30-11 provided by the authority's budget.]
30-12 [Sec. 402.025. AUTHORITY EMPLOYEES. (a) The general
30-13 manager may employ persons necessary for the proper handling of the
30-14 business and operation of the authority.]
30-15 [(b) The board shall determine the terms of employment.]
30-16 [Sec. 402.026. SEAL. The board shall adopt a seal for the
30-17 authority.]
30-18 [Sec. 402.027. CONTRACTS. The chairman shall execute and
30-19 the secretary shall attest to any contracts under this chapter in
30-20 the name of the authority.]
30-21 [Sec. 402.028. CONTRACTS OVER $15,000. (a) If the
30-22 estimated amount of a proposed contract for the purchase of
30-23 materials, machinery, equipment, or supplies is more than $15,000,
30-24 the board shall ask for competitive bids as provided by Subchapter
30-25 B, Chapter 271, Local Government Code.]
30-26 [(b) This section does not apply to purchases of property
30-27 from public agencies or to contracts for personal or professional
31-1 services.]
31-2 [Sec. 402.029. SUITS. (a) The authority, through the
31-3 board, may sue and be sued in the name of the authority in any
31-4 court of this state, except as to matters pertaining to the site
31-5 selection and licensing of a disposal facility within the
31-6 geographical area of Hudspeth County, Texas, described in Section
31-7 402.0921, which suits may only be brought in the courts of Travis
31-8 County, Texas.]
31-9 [(b) In a suit against the authority, citation may be served
31-10 on the general manager.]
31-11 [(c) Any judgment, injunction, declaration, or writ issued
31-12 against the authority by a Texas court other than the supreme court
31-13 of Texas that is related to the site selection or licensing of a
31-14 disposal facility within the geographical area of Hudspeth County,
31-15 Texas, described in Section 402.0921 shall be automatically
31-16 suspended upon the filing by the authority of a notice of appeal or
31-17 other submission to a higher court challenging the judgment,
31-18 injunction, declaration, or writ. No Texas court other than the
31-19 Texas supreme court shall have any power to decline or otherwise
31-20 affect the automatic suspension pending appeal in such case related
31-21 to Hudspeth County, Texas.]
31-22 [Sec. 402.030. PAYMENT OF JUDGMENT. A court of this state
31-23 that renders a money judgment against the authority may require the
31-24 board to pay the judgment from fees collected under this chapter.]
31-25 [Sec. 402.031. CITIZENS ADVISORY COMMITTEE. (a) The board
31-26 shall create a citizens advisory committee to perform oversight
31-27 functions over a disposal site.]
32-1 [(b) The committee shall begin to perform its functions not
32-2 earlier than the 30th day after the date on which construction of
32-3 the disposal site begins.]
32-4 [(c) Members of the committee shall be appointed for
32-5 three-year terms by the board after consultation with officials of
32-6 political subdivisions in the host county.]
32-7 [(d) The committee shall:]
32-8 [(1) conduct independent monitoring of disposal site
32-9 activities as authorized by guidelines adopted by the board;]
32-10 [(2) make recommendations to the board concerning
32-11 operations at the disposal site; and]
32-12 [(3) execute any other review and monitoring functions
32-13 as recommended by the committee and approved by the board.]
32-14 [(e) Reasonable notice as required by the board must be
32-15 given to the manager of a disposal site before a committee member
32-16 enters a disposal site to exercise any function authorized by this
32-17 section. The board shall provide for quarterly unannounced
32-18 inspections of disposal site activities.]
32-19 [Sec. 402.032. AUTHORITY PURCHASE. A purchase by the
32-20 authority of supplies, materials, services, or equipment necessary
32-21 to prepare, construct, or operate a disposal site is exempt from
32-22 the purchasing requirements of Subtitle D, Title 10, Government
32-23 Code.]
32-24 SECTION 6. The heading to Subchapter C, Chapter 402, Health
32-25 and Safety Code, is amended to read as follows:
32-26 SUBCHAPTER C. ADMINISTRATIVE CONTROL [POWERS AND DUTIES]
32-27 SECTION 7. Sections 402.051, 402.053, 402.054, and
33-1 402.057-402.059, Health and Safety Code, are amended to read as
33-2 follows:
33-3 Sec. 402.051. JURISDICTION OVER PERMANENT MANAGEMENT
33-4 FACILITY [DISPOSAL SITE]. (a) The commission [authority] has
33-5 exclusive statewide jurisdiction over permanent management facility
33-6 site selection, preparation, construction, operation, maintenance,
33-7 decommissioning, closing, and financing [of disposal sites].
33-8 (b) The commission may take any action regarding low-level
33-9 radioactive waste that is necessary to protect the public health
33-10 and safety and the environment, including monitoring or maintenance
33-11 of permanent management activities and measures to prevent or
33-12 alleviate an emergency involving low-level radioactive waste.
33-13 Sec. 402.053. GENERAL POWERS. To carry out this chapter,
33-14 the commission [authority] may:
33-15 (1) apply for, receive, accept, and administer gifts,
33-16 grants, and other funds available from any source;
33-17 (2) contract with the federal government, the state,
33-18 interstate agencies, local governmental entities, and private
33-19 entities to carry out this chapter and rules, standards, and orders
33-20 adopted under this chapter;
33-21 (3) conduct, request, and participate in studies,
33-22 investigations, and research relating to selection, preparation,
33-23 construction, operation, maintenance, decommissioning, closing, and
33-24 financing of a permanent management facility and permanent
33-25 management [disposal sites and disposal of low-level radioactive
33-26 waste]; and
33-27 (4) advise, consult, and cooperate with the federal
34-1 government, the state, interstate agencies, local governmental
34-2 entities in this state, and private entities.
34-3 Sec. 402.054. RULES, STANDARDS, AND ORDERS. The commission
34-4 [board] may adopt rules, standards, and orders necessary to
34-5 properly carry out this chapter and to protect the public health
34-6 and safety and the environment from the [authority's] activities
34-7 required for permanent management.
34-8 Sec. 402.057. REPORTS TO LEGISLATURE. Not later than the
34-9 60th day before the date each regular legislative session convenes,
34-10 the commission [authority] shall submit to the appropriate
34-11 legislative committees a biennial report that serves as a basis for
34-12 periodic oversight hearings on the commission's [authority's]
34-13 operations under this chapter and on the status of interstate
34-14 compacts and agreements. The report shall also discuss the status
34-15 of funds held, expended, or disbursed by the host county under
34-16 Section 402.252.
34-17 Sec. 402.058. HEALTH SURVEILLANCE SURVEY. The [board, in
34-18 cooperation with the] commission, in cooperation with the
34-19 department [the Texas Department of Health,] and local public
34-20 health officials, shall develop a health surveillance survey for
34-21 the population located in the vicinity of a permanent management
34-22 facility [disposal site].
34-23 Sec. 402.059. POWER TO ENTER PROPERTY. (a) The commission
34-24 and [authority,] its employees, contractors, and agents may enter
34-25 public or private property to assess the suitability of land for a
34-26 permanent management facility to be licensed under this chapter
34-27 [disposal site in Hudspeth County, Texas].
35-1 (b) Prior to entering the property, the commission
35-2 [authority] shall:
35-3 (1) give written notice to the landowner of the
35-4 purpose, extent, types of assessment activities to be conducted,
35-5 and probable duration of the entry; and
35-6 (2) [, and shall] cooperate with the landowner to
35-7 minimize, insofar as possible, any inconvenience to the landowner.
35-8 (c) The commission is [authority shall be] liable to the
35-9 landowner for reasonable damages to the land that may result from
35-10 the commission's activities under this section [authority's
35-11 activities.]
35-12 [(d) This section applies to property located in whole or in
35-13 part in the geographical area of Hudspeth County, Texas, specified
35-14 in Section 402.0921 of this chapter].
35-15 SECTION 8. Subchapter C, Chapter 402, Health and Safety
35-16 Code, is amended by adding Sections 402.060-402.063 to read as
35-17 follows:
35-18 Sec. 402.060. PERMANENT MANAGEMENT METHODS. (a) The
35-19 commission by rule shall prescribe acceptable permanent management
35-20 methods and procedures. The rules shall be designed to protect the
35-21 public health and the environment from hazards presented by the
35-22 radioactive and nonradioactive characteristics of low-level
35-23 radioactive waste during and after its disposal or assured
35-24 isolation and in case of failure to contain the waste during or
35-25 after its disposal or assured isolation.
35-26 (b) The commission by rule shall prohibit disposal by burial
35-27 in an earthen trench as the waste is received at the permanent
36-1 management facility.
36-2 (c) The commission by rule shall prohibit disposal in a
36-3 landfill below the natural level of the permanent management
36-4 facility site unless:
36-5 (1) regulatory programs of this state or the federal
36-6 government for low-level radioactive waste preclude or recommend
36-7 against aboveground disposal or the commission by rule has
36-8 determined that belowground disposal provides greater protection
36-9 than aboveground disposal for public health and the environment for
36-10 the period for which the low-level radioactive waste will continue
36-11 to pose a hazard to public health and the environment;
36-12 (2) the low-level radioactive waste is contained
36-13 within a reinforced concrete barrier or within containment
36-14 structures made of materials technologically equivalent or superior
36-15 to reinforced concrete; and
36-16 (3) the low-level radioactive waste is contained in
36-17 such a manner that it can be monitored and retrieved.
36-18 Sec. 402.061. DETERMINATION OF NECESSARY PERMANENT
36-19 MANAGEMENT CAPACITY. (a) In conjunction with the compact
36-20 commission, the commission by rule:
36-21 (1) shall determine the capacity for permanent
36-22 management necessary to meet:
36-23 (A) the terms of the compact; and
36-24 (B) the needs presented by low-level radioactive
36-25 waste generated in this state; and
36-26 (2) may revise the determined capacity to meet changed
36-27 conditions or new information.
37-1 (b) In making the determination, the commission shall
37-2 consider the volume of low-level radioactive waste generated by
37-3 type and source categories for the expected life of the licensed
37-4 permanent management facility, including low-level radioactive
37-5 waste generated from decommissioning nuclear power plants.
37-6 Sec. 402.062. CRITERIA FOR QUALIFIED PERMANENT MANAGEMENT
37-7 FACILITY. (a) The commission by rule shall establish standards and
37-8 criteria that the site and on-site improvements of the permanent
37-9 management facility must meet to qualify for disposal or assured
37-10 isolation and the processing, packaging, and storage to be
37-11 authorized by the permanent management license. The criteria and
37-12 standards must be at least as stringent as the federal requirements
37-13 for disposal. The commission by rule may impose specific design
37-14 criteria for the facility's improvements.
37-15 (b) The standards and criteria must address factors
37-16 affecting the permanent management facility's adequacy to safely
37-17 contain disposed, isolated, or managed low-level radioactive waste,
37-18 including the:
37-19 (1) geology;
37-20 (2) topography;
37-21 (3) surface and underground hydrology;
37-22 (4) proximity to population centers and population
37-23 density;
37-24 (5) flora and fauna present at and in the vicinity of
37-25 the site;
37-26 (6) uses of land in the vicinity of the site;
37-27 (7) possibilities for expanding the facility in the
38-1 event a greater capacity is necessary; and
38-2 (8) ease of access to generators or other sources of
38-3 low-level radioactive waste and related costs and risks of
38-4 transporting low-level radioactive waste.
38-5 (c) The commission shall set standards for, and shall
38-6 require the permanent management facility to provide, safeguards
38-7 against hazards from local conditions, including risks from:
38-8 (1) active tectonic processes, including earthquakes
38-9 and other seismic activity;
38-10 (2) movements of groundwater, surface water, and storm
38-11 water runoff;
38-12 (3) flooding and rainfall patterns;
38-13 (4) violent storms, including hurricanes, tornados,
38-14 and lightning; and
38-15 (5) prevalent or seasonal winds or temperatures.
38-16 Sec. 402.063. PAYMENT FOR MAINTENANCE, SURVEILLANCE, OR
38-17 OTHER CARE. (a) The commission may require the holder of the
38-18 permanent management license to pay to the commission annually an
38-19 amount as determined by the commission if continuing or perpetual
38-20 maintenance, surveillance, or other care is required for the
38-21 permanent management facility after activities under the license
38-22 have terminated. The commission shall have payments received under
38-23 this section deposited to the credit of the permanent management
38-24 facility decommissioning account.
38-25 (b) The commission annually shall review the permanent
38-26 management license holder's payments under this section to
38-27 determine if the payment schedule is adequate for the maintenance
39-1 and surveillance that the permanent management facility requires or
39-2 may require in the future.
39-3 (c) The commission may review estimates of costs that are
39-4 required to be incurred under this chapter in accordance with the
39-5 need, nature, and cost of decontamination, stabilization,
39-6 decommissioning, reclamation, and disposal activity and the
39-7 maintenance and surveillance required for public health and safety
39-8 and the environment.
39-9 (d) The commission shall set the charges for maintenance and
39-10 perpetual care at amounts consistent with existing technology.
39-11 (e) The commission may not impose charges that exceed the
39-12 amount that the commission projects to be required for maintenance,
39-13 surveillance, and other necessary care required after the licensed
39-14 activity is terminated.
39-15 (f) An increase in costs may not be applied retroactively
39-16 but may apply to increases in subsequent annual payments.
39-17 (g) If the permanent management license holder satisfies the
39-18 obligations under this chapter, the commission shall have the
39-19 comptroller promptly refund to the license holder from the
39-20 permanent management facility decommissioning account the excess of
39-21 the amount of all payments made by the license holder to the
39-22 issuing agency and the investment earnings of those payments over
39-23 the amount determined to be required for the continuing maintenance
39-24 and surveillance of land, buildings, and low-level radioactive
39-25 waste conveyed to the state under Sections 402.031 and 402.081.
39-26 SECTION 9. Subchapter D, Chapter 402, Health and Safety
39-27 Code, is amended to read as follows:
40-1 SUBCHAPTER D. OPERATION OF PERMANENT MANAGEMENT
40-2 FACILITY [DISPOSAL SITE SELECTION AND ACQUISITION]
40-3 Sec. 402.081. CONVEYANCE OF WASTE. (a) The permanent
40-4 management license holder shall convey to the state at no cost to
40-5 the state title to the low-level radioactive waste delivered to the
40-6 permanent management facility for disposal or assured isolation at
40-7 the time the waste is accepted at the facility for permanent
40-8 management.
40-9 (b) The transfer of low-level radioactive waste under this
40-10 section does not relieve the permanent management license holder of
40-11 liability for an act or omission before the transfer or while the
40-12 waste is in the possession and control of the license holder.
40-13 (c) The title and all related rights and interest in waste
40-14 conveyed under this section are the property of the commission on
40-15 the state's behalf. The commission may administer the waste as
40-16 property in the name of the state.
40-17 Sec. 402.082. EXCLUSIVE USE OF SITE. The site on which the
40-18 permanent management facility is located may be used only for
40-19 permanent management under this chapter until the commission
40-20 determines that another use would not endanger the health, safety,
40-21 or welfare of the public or the environment.
40-22 Sec. 402.083. CONSTRUCTION AT PERMANENT MANAGEMENT FACILITY.
40-23 (a) The permanent management license holder is responsible for
40-24 constructing facilities and improvements at the permanent
40-25 management facility and may engage a contractor for the
40-26 construction in accordance with commission rules.
40-27 (b) The commission shall review plans for any construction
41-1 of a facility or improvement to be undertaken at the permanent
41-2 management facility to ensure that the site and on-site
41-3 improvements will meet the criteria adopted under Section 402.062.
41-4 The commission may order the permanent management license holder to
41-5 revise its construction plans in accordance with those criteria.
41-6 (c) The commission shall monitor any construction at the
41-7 permanent management facility and by order may halt construction if
41-8 the construction fails to comply with federal or state standards or
41-9 rules or with the construction plans. The commission may have the
41-10 construction work inspected by an engineer, an inspector, or other
41-11 specialized personnel.
41-12 (d) The commission by rule shall prohibit major construction
41-13 relating to activities under the permanent management license until
41-14 the proceedings required under Section 402.028, 402.037, or
41-15 402.038, as applicable, are completed and the license or amendment
41-16 is issued.
41-17 Sec. 402.084. COMMISSION AUTHORITY OVER FACILITY OPERATION.
41-18 (a) The commission shall ensure that the operation of the
41-19 permanent management facility complies with state and federal law
41-20 and the rules and standards of the commission and federal and other
41-21 state agencies that have jurisdiction over the management of
41-22 low-level radioactive waste.
41-23 (b) The commission by rule or by conditions stated in the
41-24 permanent management license may regulate any aspect of the
41-25 operation of the permanent management facility in order to protect
41-26 the public health or safety or the environment.
41-27 (c) The commission may take or may order the permanent
42-1 management license holder to take any action necessary to:
42-2 (1) protect the public health or safety or the
42-3 environment; or
42-4 (2) ensure the operation of the permanent management
42-5 facility complies with state and federal laws, rules, or standards.
42-6 (d) The commission, in an emergency related to the operation
42-7 of the permanent management facility, may impound or order
42-8 impounded low-level radioactive waste or other material delivered
42-9 or intended for delivery to the facility.
42-10 Sec. 402.085. RESIDENT INSPECTOR. (a) The commission shall
42-11 employ one or more resident inspectors to continuously monitor
42-12 conditions of and operations at the permanent management facility.
42-13 (b) The permanent management license holder shall:
42-14 (1) provide facilities at the permanent management
42-15 facility for each resident inspector; and
42-16 (2) cooperate fully with the activities of each
42-17 resident inspector.
42-18 (c) A resident inspector may report any matter to the
42-19 commission for investigation or enforcement.
42-20 Sec. 402.086. OUT-OF-STATE WASTE AND MIXED WASTE. (a) The
42-21 permanent management license holder may not accept for permanent
42-22 management low-level radioactive waste generated in another state
42-23 unless the low-level radioactive waste is accepted under the
42-24 compact.
42-25 (b) The permanent management license holder may not accept
42-26 mixed waste at the permanent management facility. In this section,
42-27 "mixed waste" means waste that contains both hazardous waste, as
43-1 defined by Chapter 361, and low-level radioactive waste, source
43-2 material, special nuclear material, or by-product material subject
43-3 to the federal Atomic Energy Act of 1954 (42 U.S.C. Section 2011 et
43-4 seq.).
43-5 Sec. 402.087. EMERGENCY RESPONSE PLANNING. (a) The
43-6 permanent management license holder shall develop and implement an
43-7 emergency response plan in accordance with rules of the commission
43-8 and the department to protect the public health and safety and the
43-9 environment from potential threats the permanent management
43-10 facility may present.
43-11 (b) The permanent management license holder shall cooperate
43-12 with and seek the cooperation of federal agencies responsible for
43-13 regulating low-level radioactive waste disposal or management sites
43-14 and of federal, state, and local agencies engaged in disaster
43-15 relief activities.
43-16 (c) The permanent management license holder shall ensure
43-17 that facilities and equipment necessary to respond to an emergency
43-18 at the permanent management facility are available and in operation
43-19 before the operations at the facility begin.
43-20 (d) The commission may require the permanent management
43-21 license holder to construct facilities and procure equipment
43-22 required to provide fire, police, and emergency medical services
43-23 needed to support the permanent management facility. The
43-24 commission rules must provide standards for determining whether,
43-25 depending on needed facilities, the proximity of the community
43-26 nearest the facility, and other appropriate factors, the fire,
43-27 police, and emergency medical facilities and equipment must be
44-1 located at or proximate to the facility or in the nearest
44-2 community.
44-3 Sec. 402.088. GROUNDWATER PROTECTION. (a) The commission
44-4 by rule shall adopt and enforce groundwater protection standards
44-5 applicable to the permanent management facility that are compatible
44-6 with federal standards adopted under the Atomic Energy Act of 1954
44-7 (42 U.S.C. Section 2011 et seq.).
44-8 (b) In adopting rules related to standards regarding
44-9 nonradioactive constituents, the commission shall consider the
44-10 compatibility of those standards with the commission's groundwater
44-11 protection standards adopted under other programs.
44-12 Sec. 402.089. OPERATIONS AFTER LICENSE EXPIRATION,
44-13 SUSPENSION, OR REVOCATION. (a) The commission may operate the
44-14 permanent management facility or take any action necessary to
44-15 ensure the safety of the facility in the absence of a permanent
44-16 management license holder if:
44-17 (1) the permanent management license expires and, on
44-18 the expiration date, a new permanent management license has not
44-19 been issued to operate the permanent management facility; or
44-20 (2) the permanent management license is revoked or
44-21 suspended.
44-22 (b) A person whose permanent management license has expired
44-23 or has been revoked or suspended shall comply with orders of the
44-24 commission regarding activities at the permanent management
44-25 facility that are necessary to the continued safe operation or
44-26 closure of the facility or for corrective action.
44-27 (c) The commission by order may authorize a person whose
45-1 permanent management license has expired to continue to operate the
45-2 permanent management facility in accordance with commission orders
45-3 until the commission issues another permanent management license to
45-4 operate the facility.
45-5 Sec. 402.090. DECOMMISSIONING AND CLOSING PERMANENT
45-6 MANAGEMENT FACILITY. If the commission finds after notice and
45-7 hearing that the permanent management facility should be closed,
45-8 the permanent management license holder shall decommission the
45-9 facility in compliance with federal and state law, rules, and
45-10 standards and with rules and plans of the commission.
45-11 Sec. 402.091. EMERGENCY ORDERS. (a) If the commission
45-12 finds an emergency exists related to low-level radioactive waste
45-13 that requires immediate action to protect the public health and
45-14 safety and the environment, the commission may issue an order
45-15 stating the existence of the emergency and requiring that action be
45-16 taken at the agency's direction to meet the emergency. The order
45-17 may be issued without notice or hearing.
45-18 (b) The order may take effect immediately.
45-19 (c) A person to whom the order is directed shall comply
45-20 immediately with the order.
45-21 (d) The commission shall provide a person to whom the order
45-22 is directed an opportunity for a hearing on written application to
45-23 the agency not later than the 30th day following the date the order
45-24 is issued.
45-25 (e) The commission shall hold a requested hearing not
45-26 earlier than the 11th day and not later than the 20th day after the
45-27 date of receipt of the hearing application.
46-1 (f) The commission shall continue, modify, or revoke the
46-2 order based on the hearing.
46-3 Sec. 402.092. CORRECTIVE ACTION AND MEASURES. (a) If the
46-4 commission finds that low-level radioactive waste threatens the
46-5 public health and safety and the environment and that the permanent
46-6 management license holder managing the low-level radioactive waste
46-7 is unable to remove the threat, the agency by order may require any
46-8 action, including a corrective measure, that is necessary to remove
46-9 the threat. The order may be issued without notice or a hearing.
46-10 (b) The commission shall use the security provided by the
46-11 permanent management license holder under Section 402.034 to pay
46-12 the costs of actions that are taken or that are to be taken under
46-13 an order issued under this section. The commission shall send to
46-14 the comptroller a copy of its order together with necessary written
46-15 requests authorizing the comptroller to:
46-16 (1) enforce security supplied by the permanent
46-17 management license holder;
46-18 (2) convert an amount of security into cash, as
46-19 necessary; and
46-20 (3) disburse from the security in the permanent
46-21 management facility decommissioning account the amount necessary to
46-22 pay the costs. [DISPOSAL SITE SELECTION STUDIES. The authority
46-23 shall make studies or contract for studies to be made of the future
46-24 requirements for disposal of low-level radioactive waste in this
46-25 state and to determine the areas of the state that are relatively
46-26 more suitable than others for low-level radioactive waste disposal
46-27 activities.]
47-1 [Sec. 402.082. STUDY CRITERIA. Studies required under
47-2 Section 402.081 must consider:]
47-3 [(1) the volume of low-level radioactive waste
47-4 generated by type and source categories for the expected life of
47-5 the disposal site, including waste that may be generated from the
47-6 decommissioning of nuclear power plants located in this state;]
47-7 [(2) geology;]
47-8 [(3) topography;]
47-9 [(4) transportation and access;]
47-10 [(5) meteorology;]
47-11 [(6) population density;]
47-12 [(7) surface and subsurface hydrology;]
47-13 [(8) flora and fauna;]
47-14 [(9) current land use;]
47-15 [(10) criteria established by the commission for
47-16 disposal site selection;]
47-17 [(11) the proximity of the disposal site to sources of
47-18 low-level radioactive waste, including related transportation
47-19 costs, to the extent that the proximity and transportation costs do
47-20 not interfere with selection of a suitable disposal site for
47-21 protecting public health and the environment;]
47-22 [(12) other disposal site characteristics that may
47-23 need study on a preliminary basis and for which detailed study
47-24 would be required to prepare an application or license required for
47-25 disposal site operation; and]
47-26 [(13) alternative management techniques, including
47-27 aboveground isolation facilities, waste processing and reduction at
48-1 the site of waste generation and at an authority management site,
48-2 and waste recycling.]
48-3 [Sec. 402.083. CHOOSING SITES FOR FURTHER ANALYSIS. On
48-4 completion of the studies required by Section 402.081, the board
48-5 shall choose at least two potential disposal sites for further
48-6 analysis.]
48-7 [Sec. 402.084. EVALUATION OF POTENTIAL SITES. (a) For each
48-8 potential disposal site under Section 402.083, the authority shall
48-9 evaluate or contract for the evaluation of:]
48-10 [(1) preoperating costs;]
48-11 [(2) operating costs;]
48-12 [(3) maintenance costs;]
48-13 [(4) costs of decommissioning and extended care; and]
48-14 [(5) socioeconomic, environmental, and public health
48-15 impacts associated with the site.]
48-16 [(b) The socioeconomic impacts to be evaluated include fire,
48-17 police, education, utility, public works, public access, planning,
48-18 and other governmental services and assumed and perceived risks of
48-19 the disposal sites and disposal activities.]
48-20 [(c) Public officials and members of local boards or
48-21 governing bodies of local political subdivisions of the state in
48-22 which a potential disposal site is located shall be invited to
48-23 participate in appropriate evaluation activities.]
48-24 [Sec. 402.085. SITE PROPOSAL. On receiving the results of
48-25 the studies and evaluations required by Sections 402.081, 402.084,
48-26 and 402.087, the board shall propose a site that appears to be the
48-27 most suitable for a disposal site and shall hold a public hearing
49-1 to consider whether that site should be selected as the disposal
49-2 site.]
49-3 [Sec. 402.086. REPORT AND INFORMATIONAL SEMINARS. (a)
49-4 Before the board gives notice of the hearing on the proposed
49-5 disposal site, the authority shall prepare a report that includes:]
49-6 [(1) detailed information regarding all aspects of the
49-7 disposal site selection process;]
49-8 [(2) criteria for disposal site selection as
49-9 established by the appropriate licensing authority; and]
49-10 [(3) summaries of the studies required under Section
49-11 402.081 and the evaluations required under Section 402.084.]
49-12 [(b) The authority shall make the report available to the
49-13 public.]
49-14 [(c) The authority may contract for the distribution of the
49-15 report and may hold or contract with other persons to hold
49-16 informational seminars for the public.]
49-17 [Sec. 402.087. MEDIATION. (a) The authority may appoint a
49-18 mediator to consider the views of parties interested in the
49-19 selection of a disposal site.]
49-20 [(b) The mediator may conduct a series of meetings with
49-21 delegates from groups of interested parties. The delegates are
49-22 selected according to criteria established by the board.]
49-23 [(c) Mediation meetings may be held in the counties in which
49-24 the potential disposal sites are located and shall be held before
49-25 the public hearing required by Section 402.085.]
49-26 [(d) The mediator shall prepare a report and submit it to
49-27 the board before the board gives notice of the public hearing.]
50-1 [Sec. 402.088. HEARING. (a) A hearing under Section 402.085
50-2 shall be held at the county courthouse of the host county.]
50-3 [(b) The board shall give notice of the hearing on the
50-4 proposed disposal site by publishing notice in English and Spanish
50-5 in a newspaper published in the host county. The notice must be
50-6 published at least once each week for four consecutive weeks
50-7 beginning not later than the 31st day before the date set for the
50-8 hearing.]
50-9 [(c) If a newspaper is not published in the host county or
50-10 if no newspaper in the host county will publish the notice, the
50-11 board shall post written notice of the hearing in three public
50-12 places in the host county. The board shall post one of the notices
50-13 at the door of the county courthouse. The notices must be posted
50-14 for at least 30 consecutive days preceding the date set for the
50-15 hearing.]
50-16 [Sec. 402.089. BOARD DETERMINATION; RESTRICTIONS ON
50-17 SELECTION NEAR RESERVOIR. (a) The board shall determine if the
50-18 proposed disposal site should be selected after a thorough
50-19 consideration of:]
50-20 [(1) the studies and evaluations relating to site
50-21 selection;]
50-22 [(2) the criteria required to be used in those
50-23 studies; and]
50-24 [(3) testimony and evidence presented at the hearing.]
50-25 [(b) The board may not select a disposal site under this
50-26 subchapter that is within 20 miles upstream or up-drainage from the
50-27 maximum elevation of the surface of a reservoir project that:]
51-1 [(1) has been constructed or is under construction by
51-2 the United States Bureau of Reclamation or the United States Corps
51-3 of Engineers; or]
51-4 [(2) has been approved for construction by the Texas
51-5 Water Development Board as part of the state water plan under
51-6 Subchapter C, Chapter 16, Water Code.]
51-7 [Sec. 402.090. ORDER DESIGNATING SITE. If the board selects
51-8 a proposed disposal site as the disposal site, the board by order
51-9 shall designate the site as the disposal site and shall issue a
51-10 final report.]
51-11 [Sec. 402.091. REJECTION OF PROPOSED SITE. (a) If the board
51-12 determines that a proposed disposal site should not be selected,
51-13 the board shall issue an order rejecting the site and shall call
51-14 another hearing to consider another proposed disposal site that
51-15 appears suitable from the studies and evaluations.]
51-16 [(b) The board shall continue to follow the procedures of
51-17 disposal site selection under this subchapter until a suitable
51-18 disposal site is selected.]
51-19 [Sec. 402.092. FINAL REPORT. The authority shall submit to
51-20 the governor and to the legislature for informational purposes a
51-21 copy of the final report and order selecting a disposal site.]
51-22 [Sec. 402.0921. SITE AREA. Notwithstanding any other law or
51-23 other provision of this chapter, the board shall select as the
51-24 disposal site, a site:]
51-25 [(1) within Hudspeth County, Texas, and]
51-26 [(2) circumscribed on the north by 31 degrees north
51-27 latitude, 15' and 00"'; on the south by 31 degrees north latitude,
52-1 00' and 00"'; on the east by 105 degrees longitude, 00' and 00"';
52-2 and on the west by 105 degrees longitude, 22' and 30"'.]
52-3 [Sec. 402.0922. EMINENT DOMAIN. The authority may acquire
52-4 land for a disposal site within the geographical area described in
52-5 Section 402.0921 by condemnation and in accordance with Chapter 21
52-6 of the Property Code.]
52-7 [Sec. 402.093. PROCEEDING NOT A CONTESTED CASE. A proceeding
52-8 under Sections 402.085-402.092 is not a contested case as defined
52-9 by Chapter 2001, Government Code.]
52-10 [Sec. 402.094. ACQUISITION OF PROPERTY. (a) The authority
52-11 may acquire by gift, grant, or purchase any land, easements,
52-12 rights-of-way, and other property interests necessary to construct
52-13 and operate a disposal site.]
52-14 [(b) The authority must acquire the fee simple title to all
52-15 land and property that is a part of the licensed disposal site.]
52-16 [(c) The authority may lease property on terms and
52-17 conditions the board determines advantageous to the authority, but
52-18 land that is part of a licensed disposal site may be leased only
52-19 from the Texas Public Finance Authority as provided by the Texas
52-20 Public Finance Authority Act (Article 601d, Vernon's Texas Civil
52-21 Statutes).]
52-22 [(d) The authority may lease land owned by the authority
52-23 that is not part of a licensed disposal site. Land leased by the
52-24 authority under this section may be used only for agricultural,
52-25 ranching, or grazing purposes.]
52-26 SECTION 10. Section 402.126, Health and Safety Code, is
52-27 amended to read as follows:
53-1 Sec. 402.126. RANGELAND AND WILDLIFE MANAGEMENT PLAN; BUFFER
53-2 ZONE. (a) To implement a rangeland and wildlife management plan,
53-3 the commission [authority] may lease [from the School Land Board or
53-4 the board of regents of The University of Texas System] property
53-5 that is [dedicated to the permanent school fund or the permanent
53-6 university fund and that is] proximate to the site where the
53-7 permanent management facility is located [a disposal site]. Land
53-8 leased for a rangeland and wildlife management plan may not exceed
53-9 65,000 acres.
53-10 (b) In addition to any land leased under Subsection (a), the
53-11 commission shall require the permanent management license holder to
53-12 purchase or lease an area of land surrounding the permanent
53-13 management facility sufficient [The authority shall lease from the
53-14 School Land Board on the School Land Board's terms and conditions
53-15 the land determined by the School Land Board as necessary] to serve
53-16 as a buffer for the facility [disposal site]. Land leased under
53-17 this subsection shall be used by the commission and the license
53-18 holder [authority] to implement a rangeland and wildlife management
53-19 plan. The license holder must be in possession of the land to be
53-20 used as the buffer zone before the facility may accept low-level
53-21 radioactive waste under the permanent management license.
53-22 SECTION 11. Section 402.216, Health and Safety Code, is
53-23 transferred to Subchapter D, Chapter 402, Health and Safety Code,
53-24 as amended by this Act, redesignated as Section 402.093, Health and
53-25 Safety Code, and amended to read as follows:
53-26 Sec. 402.093 [402.216]. RULES RELATING TO PERMANENT
53-27 MANAGEMENT FACILITY [DISPOSAL SITE]. (a) The commission [board]
54-1 shall adopt rules governing:
54-2 (1) the operation of the permanent management facility
54-3 [disposal sites];
54-4 (2) acceptance of low-level radioactive waste at the
54-5 permanent management facility;
54-6 (3) maintenance and monitoring of the permanent
54-7 management facility [disposal sites]; and
54-8 (4) activities relating to the management and
54-9 operation of the permanent management facility [disposal sites].
54-10 (b) The commission by rule shall exclude from the permanent
54-11 management facility types of low-level radioactive waste that are
54-12 incompatible with permanent management operations at the facility.
54-13 [Rules adopted under this section may not be less stringent than
54-14 those adopted by the commission.]
54-15 SECTION 12. Section 402.217, Health and Safety Code, is
54-16 transferred to Subchapter D, Chapter 402, Health and Safety Code,
54-17 as amended by this Act, redesignated as Section 402.094, Health and
54-18 Safety Code, and amended to read as follows:
54-19 Sec. 402.094 [402.217]. PROCESSING AND PACKAGING FACILITIES.
54-20 The commission by rule shall require the permanent management
54-21 facility to have on-site, as necessary, [DISPOSAL SITE ACTIVITIES.
54-22 (a) The authority may adopt any methods and techniques for
54-23 permanent disposal that comply with federal and state standards for
54-24 low-level radioactive waste disposal and that protect the public
54-25 health and safety and the environment.]
54-26 [(b) The authority may provide] facilities [at disposal
54-27 sites] for processing and packaging low-level radioactive waste for
55-1 disposal or assured isolation.
55-2 SECTION 13. Section 402.221, Health and Safety Code, is
55-3 transferred to Subchapter D, Chapter 402, Health and Safety Code,
55-4 as amended by this Act, redesignated as Section 402.095, Health and
55-5 Safety Code, and amended to read as follows:
55-6 Sec. 402.095 [402.221]. PACKAGING OF RADIOACTIVE WASTE. (a)
55-7 The Texas Board of Health shall adopt rules relating to the
55-8 packaging of radioactive waste.
55-9 (b) An inspector employed by the department shall inspect
55-10 all packaged radioactive waste before it is transported to a
55-11 permanent management facility [disposal site] in this state.
55-12 (c) The department shall charge a reasonable fee for the
55-13 inspection in an amount not to exceed the cost of inspection.
55-14 SECTION 14. Section 402.222, Health and Safety Code, is
55-15 transferred to Subchapter D, Chapter 402, Health and Safety Code,
55-16 as amended by this Act, redesignated as Section 402.096, Health and
55-17 Safety Code, and amended to read as follows:
55-18 Sec. 402.096 [402.222]. SHIPMENT OF LOW-LEVEL RADIOACTIVE
55-19 WASTE. (a) On arrival of a shipment of low-level radioactive waste
55-20 at a permanent management facility, the permanent management
55-21 license holder [disposal site, the on-site operator or the
55-22 operator's agent] must determine that the waste complies with all
55-23 laws, rules, and standards relating to processing and packaging of
55-24 low-level radioactive waste before the waste is accepted at the
55-25 facility for disposal or assured isolation [at the disposal site].
55-26 (b) A person making a shipment of low-level radioactive
55-27 waste that is in excess of 75 cubic feet shall give the permanent
56-1 management license holder [on-site operator of the disposal site]
56-2 written notice of the shipment at least 72 hours before shipment to
56-3 the permanent management facility [disposal site] begins. The
56-4 written notice must contain information required by rules of the
56-5 commission [the board].
56-6 SECTION 15. Section 402.223, Health and Safety Code, is
56-7 transferred to Subchapter D, Chapter 402, Health and Safety Code,
56-8 as amended by this Act, redesignated as Section 402.097, Health and
56-9 Safety Code, and amended to read as follows:
56-10 Sec. 402.097 [402.223]. IMPROPERLY PROCESSED OR PACKAGED
56-11 LOW-LEVEL RADIOACTIVE WASTE. (a) If low-level radioactive waste
56-12 that is not properly processed or packaged arrives at the permanent
56-13 management facility [a disposal site], the permanent management
56-14 license holder [on-site operator or the operator's agent] shall
56-15 properly process and package the waste for disposal or assured
56-16 isolation and charge the person making the shipment the fee
56-17 required by Section 402.274.
56-18 (b) The permanent management license holder [on-site
56-19 operator or the operator's agent] shall report to the federal and
56-20 state agencies that establish rules and standards for processing,
56-21 packaging, and transporting low-level radioactive waste any person
56-22 who delivers to the permanent management facility [a disposal site]
56-23 low-level radioactive waste that is not properly processed or
56-24 packaged.
56-25 SECTION 16. Sections 402.252(a), (c), and (d), Health and
56-26 Safety Code, are amended to read as follows:
56-27 (a) Each quarter, the commission shall [The board shall
57-1 quarterly] transfer money in the low-level radioactive waste fund
57-2 generated by [planning and implementation fee surcharges under
57-3 Sections 402.2721(e) and (f), and] that portion of waste disposal
57-4 fees identifiable as adopted for the purposes of Sections
57-5 402.273(a)(3) and (b) to the commissioners court of the host
57-6 county.
57-7 (c) Money received from the low-level radioactive waste fund
57-8 under this section may be spent only for local public projects that
57-9 are for the use and benefit of the public at large. The commission
57-10 [board] shall adopt guidelines for the expenditure of money
57-11 received under this section, and the commissioners court shall
57-12 spend or disburse the money for use according to those guidelines.
57-13 (d) Annually the commissioners court shall provide to the
57-14 commission [board] a detailed accounting of the money held,
57-15 expended, or disbursed by the county.
57-16 SECTION 17. Sections 402.271 and 402.272, Health and Safety
57-17 Code, are amended to read as follows:
57-18 Sec. 402.271. COMMISSION [AUTHORITY'S] EXPENSES. The
57-19 commission's expenses under this chapter [authority's expenses]
57-20 shall be paid from:
57-21 (1) waste disposal fees;
57-22 (2) money in the low-level radioactive waste fund
57-23 derived from planning and implementation fees deposited in that
57-24 fund and the interest earned on that money;
57-25 (3) proceeds from the sale of bonds under Subchapter
57-26 K, if any;
57-27 (4) contributions from members of the [a low-level
58-1 radioactive waste] compact [entered into under Section 402.219(c)];
58-2 (5) appropriations made by the legislature; and
58-3 (6) other receipts, fees, and interest earned in funds
58-4 authorized by or collected under this subchapter and deposited in
58-5 the low-level radioactive waste fund.
58-6 Sec. 402.272. WASTE DISPOSAL FEES. (a) The commission
58-7 [board] shall have collected at the permanent management facility
58-8 on delivery of low-level radioactive waste or as commission rules
58-9 otherwise provide a waste disposal fee to be paid by each person
58-10 who delivers low-level radioactive waste to the facility. The fees
58-11 shall be payable to this state in the name of the commission
58-12 [authority for disposal].
58-13 (b) The commission [board] by rule shall adopt and
58-14 periodically revise waste disposal fees according to a schedule
58-15 that is based on the projected annual volume of low-level
58-16 radioactive waste received, the relative hazard presented by each
58-17 type of low-level radioactive waste that is generated by the users
58-18 of radioactive materials, and the costs identified in Section
58-19 402.273.
58-20 (c) In determining relative hazard, the commission [board]
58-21 shall consider the radioactive, physical, and chemical properties
58-22 of each type of low-level radioactive waste.
58-23 SECTION 18. Sections 402.273 and 402.274, Health and Safety
58-24 Code, are amended to read as follows:
58-25 Sec. 402.273. WASTE DISPOSAL FEE CRITERIA. (a) Waste
58-26 disposal fees adopted by the commission [board] must be sufficient
58-27 to:
59-1 (1) allow the commission and the permanent management
59-2 license holder [authority] to recover operating and maintenance
59-3 costs, including the costs of financial assurance and a reasonable
59-4 return on investment;
59-5 (2) provide an amount necessary to meet future costs
59-6 of decommissioning, closing, and postclosure maintenance and
59-7 surveillance of the permanent management facility and, if
59-8 applicable, costs of converting an assured isolation facility to a
59-9 disposal facility [site];
59-10 (3) provide an amount to fund local public projects
59-11 under Subchapter I;
59-12 (4) provide an amount sufficient to fund, in whole or
59-13 in part, a rangeland and wildlife management plan;
59-14 (5) provide an amount necessary to pay federal and
59-15 state licensing fees incurred by the commission or the permanent
59-16 management license holder and to provide security required by the
59-17 commission under Section 402.034 [law] and commission rules; and
59-18 (6) provide an amount necessary to fund debt service
59-19 and necessary fees and charges, including insurance premiums and
59-20 similar costs, associated with the issuance and payment of bonds
59-21 under Subchapter K.
59-22 (b) This subsection applies only if the commission
59-23 [authority] does not issue bonds under Subchapter K. The waste
59-24 disposal fees must also include an amount sufficient to allow the
59-25 commission [authority] to recover expenses incurred before
59-26 [beginning] operation of the permanent management facility begins,
59-27 [disposal site] amortized over a period of not more than 20 years
60-1 beginning on the first day of operation of the facility [disposal
60-2 site]. The fees must be sufficient to recover the depository
60-3 interest that the general revenue fund would have earned had the
60-4 fund not been used to pay expenses incurred before the facility
60-5 [disposal site] begins operation. Depository interest recovered
60-6 under this subsection shall be deposited to the credit of the
60-7 general revenue fund. Principal recovered under this subsection
60-8 shall be deposited to the credit of the general revenue fund until
60-9 the amount deposited has fully reimbursed the fund for expenses
60-10 paid from the fund before the facility [disposal site] begins
60-11 operation. The remainder of the principal shall be deposited as
60-12 provided by Section 402.275(c) [402.272(a)].
60-13 (c) The amount required by Subsection (a)(3) may not be less
60-14 than 10 percent of the annual gross receipts from waste received at
60-15 the permanent management facility [disposal site].
60-16 (d) The holder of the permanent management license may
60-17 petition the commission for a change in the fee amount determined
60-18 under this section.
60-19 Sec. 402.274. PROCESSING AND PACKAGING FEES. The commission
60-20 [board] by rule shall adopt and periodically revise processing and
60-21 packaging fees according to a schedule that is based on the volume
60-22 of improperly processed or packaged low-level radioactive waste
60-23 delivered to the permanent management facility [for disposal] and
60-24 on the cost to the permanent management license holder [authority]
60-25 for properly processing and packaging the low-level radioactive
60-26 waste in compliance with federal and state standards.
60-27 SECTION 19. Subchapter J, Chapter 402, Health and Safety
61-1 Code, is amended by adding Sections 402.2744 and 402.2745 to read
61-2 as follows:
61-3 Sec. 402.2744. PERMANENT MANAGEMENT FACILITY DECOMMISSIONING
61-4 ACCOUNT. (a) The commission shall:
61-5 (1) determine an amount that will be necessary to
61-6 finance the decommissioning of the permanent management facility at
61-7 the time the facility should be decommissioned;
61-8 (2) determine the portion of the fees collected under
61-9 Section 402.272 necessary to fund an account to pay those costs
61-10 over time; and
61-11 (3) direct the comptroller to deposit in the permanent
61-12 management facility decommissioning account the portion of the fees
61-13 determined under Subdivision (2).
61-14 (b) Each biennium, the commission shall review the balance
61-15 of the permanent management facility decommissioning account and
61-16 the amount of interest the account generates. When the balance of
61-17 the account reaches an amount that would generate enough interest
61-18 income to fully finance the costs of decommissioning the facility
61-19 by the time the facility is projected to be decommissioned, the
61-20 commission shall direct the comptroller to discontinue directing
61-21 fee money into the account.
61-22 (c) The permanent management facility decommissioning
61-23 account is an account in the general revenue fund. Money in the
61-24 account may be used only to pay refunds under Section 402.063(g),
61-25 the costs of corrective actions ordered under Section 402.092, and
61-26 the costs of decommissioning a permanent management facility
61-27 licensed under Subchapter B. Interest earned on money in the
62-1 account shall be deposited to the credit of the account. The
62-2 account is exempt from the application of Section 403.095,
62-3 Government Code.
62-4 Sec. 402.2745. ASSURED ISOLATION CONVERSION ACCOUNT. (a)
62-5 This section applies only if the permanent management facility
62-6 licensed under Subchapter B is an assured isolation facility.
62-7 (b) The commission shall:
62-8 (1) determine an amount that will be necessary to
62-9 finance the conversion of the permanent management facility for
62-10 disposal of the low-level radioactive waste at the time the
62-11 facility should be converted for disposal of the waste;
62-12 (2) determine the portion of the fees collected under
62-13 Section 402.272 necessary to fund an account to pay those costs
62-14 over time; and
62-15 (3) direct the comptroller to deposit in the assured
62-16 isolation conversion account the portion of the fees determined
62-17 under Subdivision (2).
62-18 (c) Each biennium, the commission shall review the balance
62-19 of the assured isolation conversion account and the amount of
62-20 interest the account generates. When the balance of the account
62-21 reaches an amount that would generate enough interest income to
62-22 fully finance the costs of converting the facility by the time the
62-23 facility is projected to be converted to a disposal facility, the
62-24 commission shall direct the comptroller to discontinue directing
62-25 fee money into the account.
62-26 (d) The assured isolation conversion account is an account
62-27 in the general revenue fund. Money in the account may be used only
63-1 to pay costs of converting an assured isolation facility licensed
63-2 under Subchapter B to a low-level radioactive waste disposal
63-3 facility. Interest earned on money in the account shall be
63-4 deposited to the credit of the account. The account is exempt from
63-5 the application of Section 403.095, Government Code.
63-6 SECTION 20. Sections 402.275(c) and (d), Health and Safety
63-7 Code, are amended to read as follows:
63-8 (c) Money received by the commission under this chapter
63-9 [authority], including waste disposal fees, [planning and
63-10 implementation fees, surcharges on planning and implementation
63-11 fees,] processing and packaging fees, civil penalties, payments
63-12 made by a party state to the [a low-level radioactive waste]
63-13 compact [entered into under Section 402.219(c)], and other receipts
63-14 collected by the commission [authority] under this chapter shall be
63-15 deposited to the credit of the low-level radioactive waste fund
63-16 except as provided by Sections 402.2744 and 402.2745.
63-17 (d) Money [Except as provided by Subsection (f), money] in
63-18 the low-level radioactive waste fund may be used to pay:
63-19 (1) costs of the commission to plan, implement, and
63-20 administer activities under this chapter before the permanent
63-21 management facility begins operation;
63-22 (2) operating and maintenance costs of the commission
63-23 and the permanent management license holder [authority];
63-24 (3) [(2)] future costs of decommissioning, closing,
63-25 and postclosure maintenance and surveillance of the permanent
63-26 management facility [disposal site];
63-27 (4) [(3)] federal and state licensing fees incurred by
64-1 the commission or the permanent management license holder and to
64-2 provide security required by the commission under Section 402.034;
64-3 (5) [(4)] money judgments rendered against the
64-4 commission [authority] that are directed by a court of this state
64-5 to be paid from this fund;
64-6 (6) [(5)] expenses associated with implementation of
64-7 the rangeland and wildlife management plan;
64-8 (7) [(6)] funds for local public projects under
64-9 Subchapter I;
64-10 (8) [(7)] debt service and necessary fees and charges,
64-11 including insurance premiums and similar costs, associated with the
64-12 issuance and payment of bonds under Subchapter K; and
64-13 (9) [(8)] expenses of the commission for any other
64-14 purpose under this chapter.
64-15 SECTION 21. Sections 402.291-402.296 and 402.298, Health and
64-16 Safety Code, are amended to read as follows:
64-17 Sec. 402.291. AUTHORITY TO ISSUE BONDS. (a) The commission
64-18 [authority] may issue, sell, and provide for the retirement of
64-19 revenue bonds to:
64-20 (1) finance the operation of the permanent management
64-21 facility by the commission in the event the commission must operate
64-22 the facility because there is no permanent management license
64-23 holder; or [reimburse the general revenue fund for the expenses
64-24 incurred and paid by the authority in selecting, seeking approval
64-25 for, and constructing a disposal site;]
64-26 (2) reimburse the permanent management license holder
64-27 for the costs of constructing the permanent management facility
65-1 [pay the expenses of selecting, seeking approval of, and
65-2 constructing a disposal site that were not paid from the general
65-3 revenue fund; and]
65-4 [(3) provide required reserve funds and capitalized
65-5 interest, and to pay issuing expenses and other expenses associated
65-6 with the issuance and sale of bonds].
65-7 (b) The commission may reimburse the license holder under
65-8 Subsection (a)(2) only if the permanent management facility is an
65-9 assured isolation facility.
65-10 (c) The bonds may not be a debt or pledge of the faith and
65-11 credit of the state or the commission[, the authority, or a public
65-12 entity,] but shall be payable from receipts collected by the
65-13 commission [authority] and credited to the low-level radioactive
65-14 waste fund and pledged to the payment of the bonds authorized under
65-15 this subchapter.
65-16 (d) [(c)] The bonds must contain on their face a statement
65-17 that:
65-18 (1) the state or the commission[, the authority, or a
65-19 public entity] is not obligated to pay the principal of or interest
65-20 on the bonds; and
65-21 (2) the faith and credit and the taxing power of the
65-22 state [or of a public entity] is not pledged to the payment of the
65-23 principal of or interest on the bonds.
65-24 (e) [(d)] The Texas Public Finance Authority, acting on
65-25 behalf of the commission [Texas Low-Level Radioactive Waste
65-26 Disposal Authority], shall issue all bonds authorized under this
65-27 subchapter. In connection with the issuance of those bonds, the
66-1 Texas Public Finance Authority is subject to all rights, duties,
66-2 and conditions provided by this subchapter with respect to the
66-3 issuance of bonds by the commission [Texas Low-Level Radioactive
66-4 Waste Disposal Authority].
66-5 Sec. 402.292. [BOARD] AUTHORIZATION OF BONDS. (a) The
66-6 commission [board] may issue bonds by [resolution or] order.
66-7 (b) In the [resolution or] order authorizing the bonds, the
66-8 commission [board] may provide for the bonds to:
66-9 (1) be executed and delivered at any time as a single
66-10 issue or from time to time as several issues;
66-11 (2) be in any denomination and form, including
66-12 registered uncertified obligations not represented by written
66-13 instruments and commonly known as book-entry obligations, the
66-14 registration of ownership and transfer of which the commission
66-15 [authority] shall provide for under a system of books and records
66-16 maintained by a bank serving as trustee, paying agent, or bond
66-17 registrar;
66-18 (3) be in coupon or registered form;
66-19 (4) be payable in installments and have a maturity
66-20 date not to exceed 30 years from date of issuance;
66-21 (5) be subject to terms of redemption prior to
66-22 maturity;
66-23 (6) be payable at a place or places;
66-24 (7) bear no interest or bear interest at any rate or
66-25 rates, fixed, variable, floating, or otherwise determined by the
66-26 commission [board], not to exceed the maximum net effective
66-27 interest rate allowed by Chapter 1204, Government Code [Chapter 3,
67-1 Acts of the 61st Legislature, Regular Session, 1969 (Article
67-2 717k-2, Vernon's Texas Civil Statutes)]; and
67-3 (8) contain other provisions not inconsistent with
67-4 this subchapter.
67-5 (c) The [authority's] bonds shall be:
67-6 (1) signed by the commission [board chairman or
67-7 vice-chairman];
67-8 (2) attested to by the executive director [board's
67-9 secretary]; and
67-10 (3) bear the seal of the commission [authority].
67-11 Sec. 402.293. APPROVAL OF BONDS. Bonds issued under this
67-12 subchapter [Authority bonds] are subject to approval by the
67-13 attorney general and the Bond Review Board [bond review board] and
67-14 registration by the comptroller as provided by Chapters 1202 and
67-15 1231, Government Code [Article 3, Chapter 53, Acts of the 70th
67-16 Legislature, 2nd Called Session, 1987 (Article 717k-8, Vernon's
67-17 Texas Civil Statutes), and Chapter 1078, Acts of the 70th
67-18 Legislature, Regular Session, 1987 (Article 717k-7, Vernon's Texas
67-19 Civil Statutes)].
67-20 Sec. 402.294. SALE OF BONDS; PROCEEDS OF SALE. (a) After
67-21 approval and registration, the commission [authority] may sell the
67-22 bonds at a public or private sale and in a manner provided in the
67-23 commission's [board's resolution or] order authorizing the sale.
67-24 (b) The commission [authority] shall establish and maintain
67-25 funds in the state treasury into which the proceeds from the sale
67-26 of the bonds are deposited, including an interest and sinking fund,
67-27 a reserve fund, and other funds [established by the board].
68-1 (c) The commission [authority] may make an expenditure from
68-2 a fund established under Subsection (b) only for the purposes
68-3 prescribed by Section 402.291.
68-4 (d) The commission [board] may authorize the comptroller to
68-5 invest the money in a fund established under Subsection (b) in
68-6 investments allowed by law for state funds. Money earned on those
68-7 investments shall be deposited to the credit of that fund.
68-8 Sec. 402.295. REFUNDING BONDS. The commission [authority]
68-9 may issue bonds to refund all or part of its outstanding bonds,
68-10 including unpaid interest, in the same manner provided by law,
68-11 including Chapter 1207, Government Code [503, Acts of the 54th
68-12 Legislature, Regular Session, 1955 (Article 717k, Vernon's Texas
68-13 Civil Statutes), and Chapter 784, Acts of the 61st Legislature,
68-14 Regular Session, 1969 (Article 717k-3, Vernon's Texas Civil
68-15 Statutes)].
68-16 Sec. 402.296. BONDS AS INVESTMENTS AND AS SECURITY FOR
68-17 DEPOSITS. (a) Bonds issued under this subchapter [Authority bonds]
68-18 are legal and authorized investments for:
68-19 (1) banks;
68-20 (2) investment companies;
68-21 (3) trust companies;
68-22 (4) savings and loan associations;
68-23 (5) insurance companies;
68-24 (6) fiduciaries;
68-25 (7) trustees; and
68-26 (8) sinking funds or special funds of the state and of
68-27 municipalities, counties, school districts, and political
69-1 subdivisions and public agencies of the state.
69-2 (b) Bonds issued under this subchapter [Authority bonds] are
69-3 eligible to secure deposits of public funds of the state and of
69-4 municipalities, counties, school districts, and other political
69-5 corporations or subdivisions of the state. The bonds are lawful
69-6 and sufficient security for deposits to the extent of their value
69-7 if accompanied by all unmatured coupons.
69-8 Sec. 402.298. BONDHOLDER REMEDIES. (a) If the commission
69-9 [authority] defaults in the payment of the principal of or interest
69-10 on the bonds when due, or fails to observe or perform any other
69-11 condition, covenant, or obligation contained in the [resolution or]
69-12 order authorizing the [authority] bonds, the owner of a bond may
69-13 enforce the condition, covenant, or obligation through a mandamus
69-14 proceeding or other legal procedure provided by law.
69-15 (b) A default by the commission [authority] of a condition,
69-16 covenant, or obligation contained in the [resolution or] order
69-17 authorizing the bonds does not impose any pecuniary liability on
69-18 the state or on the commission [authority] or impose a charge on
69-19 the general credit of the state or of the commission [authority] or
69-20 against the taxing power of the state.
69-21 SECTION 22. Sections 401.003(14)-(27), Health and Safety
69-22 Code, are amended to read as follows:
69-23 (14) "Permanent management" has the meaning assigned
69-24 by Section 402.003.
69-25 (15) "Person" includes a legal successor to or
69-26 representative, agent, or agency of any person but does not include
69-27 the federal commission and federal agencies the federal commission
70-1 licenses or exempts.
70-2 (16) [(15)] "Person affected" means a person who
70-3 demonstrates that the person has suffered or will suffer actual
70-4 injury or economic damage and, if the person is not a local
70-5 government:
70-6 (A) is a resident of a county, or a county
70-7 adjacent to that county, in which nuclear or radioactive material
70-8 is or will be located; or
70-9 (B) is doing business or has a legal interest in
70-10 land in the county or adjacent county.
70-11 (17) [(16)] "Processing" means the storage, extraction
70-12 of material, transfer, volume reduction, compaction, or other
70-13 separation and preparation of low-level radioactive waste for reuse
70-14 or disposal, including a treatment or activity that renders the
70-15 waste less hazardous, safer for transport, or amenable to recovery,
70-16 storage, or disposal.
70-17 (18) [(17)] "Radiation" means one or more of the
70-18 following:
70-19 (A) gamma-rays and X-rays, alpha and beta
70-20 particles, and other atomic or nuclear particles or rays;
70-21 (B) stimulated emission of radiation from an
70-22 electronic device to energy density levels that could reasonably
70-23 cause bodily harm; or
70-24 (C) sonic, ultrasonic, or infrasonic waves
70-25 emitted from an electronic device or resulting from the operation
70-26 of an electronic circuit in an electronic device in the energy
70-27 range to reasonably cause detectable bodily harm.
71-1 (19) [(18)] "Radioactive material" means a naturally
71-2 occurring or artificially produced solid, liquid, or gas that emits
71-3 radiation spontaneously.
71-4 (20) [(19) "Radioactive substance" includes:]
71-5 [(A) by-product material;]
71-6 [(B) naturally occurring radioactive material
71-7 waste, excluding oil and gas NORM waste;]
71-8 [(C) radioactive material;]
71-9 [(D) low-level radioactive waste;]
71-10 [(E) source material;]
71-11 [(F) source of radiation; and]
71-12 [(G) special nuclear material.]
71-13 [(21)] "Registration" includes:
71-14 (A) notice to the department of the service or
71-15 use of an electronic product; and
71-16 (B) registration under Section 401.105.
71-17 (21) [(22)] "Source material" means:
71-18 (A) uranium, thorium, or other material that the
71-19 governor by order declares to be source material after the federal
71-20 commission has determined the material to be source material; or
71-21 (B) ore that contains one or more of the
71-22 materials listed in Subdivision (A) to the degree of concentration
71-23 that the governor by order declares to be source material after the
71-24 federal commission has determined the material to be of a degree of
71-25 concentration to be source material.
71-26 (22) [(23)] "Source of radiation" means radioactive
71-27 material or a device or equipment that emits or is capable of
72-1 producing radiation intentionally or incidentally.
72-2 (23) [(24)] "Special nuclear material" means:
72-3 (A) plutonium, uranium 233, uranium enriched in
72-4 the isotope 233 or the isotope 235, and any other material other
72-5 than source material that the governor by order declares to be
72-6 special nuclear material after the federal commission determines
72-7 the material to be special nuclear material; or
72-8 (B) material other than source material that is
72-9 artificially enriched by any of the materials listed in Subdivision
72-10 (A).
72-11 (24) [(25)] "Specific license" means a license, issued
72-12 pursuant to an application, to use, manufacture, produce, transfer,
72-13 receive, acquire, own, possess, process, or dispose of quantities
72-14 of or devices or equipment using by-product, source, special
72-15 nuclear, or other radioactive material.
72-16 (25) [(26)] "Naturally occurring radioactive material
72-17 waste" or "NORM waste" means solid, liquid, or gaseous material or
72-18 combination of materials, excluding source material, special
72-19 nuclear material, and by-product material, that:
72-20 (A) in its natural physical state spontaneously
72-21 emits radiation;
72-22 (B) is discarded or unwanted; and
72-23 (C) is not exempt by department rule adopted
72-24 under Section 401.106.
72-25 (26) [(27)] "Oil and gas NORM waste" means solid,
72-26 liquid, or gaseous material or combination of materials, excluding
72-27 source material, special nuclear material, and by-product material,
73-1 that:
73-2 (A) in its natural physical state spontaneously
73-3 emits radiation;
73-4 (B) is discarded or unwanted;
73-5 (C) is not exempt by department rule adopted
73-6 under Section 401.106; and
73-7 (D) constitutes, is contained in, or has
73-8 contaminated oil and gas waste as that term is defined in Section
73-9 91.1011, [of the] Natural Resources Code.
73-10 SECTION 23. Section 401.005, Health and Safety Code, is
73-11 amended to read as follows:
73-12 Sec. 401.005. CODE OF FEDERAL REGULATIONS REFERENCES. A
73-13 reference in this chapter to the "C.F.R." or the "Code of Federal
73-14 Regulations" means the Code of Federal Regulations as it existed on
73-15 September 1, 2001 [1999].
73-16 SECTION 24. Sections 401.011(a) and (b), Health and Safety
73-17 Code, are amended to read as follows:
73-18 (a) The department is the Texas Radiation Control Agency.
73-19 The department has jurisdiction over activities and substances
73-20 regulated under this chapter except as provided by Subsection (b),
73-21 Subchapter [and Subchapters F and] K, and Chapter 402.
73-22 (b) The commission has jurisdiction to regulate and license:
73-23 (1) the permanent management of low-level radioactive
73-24 waste as provided by Chapter 402; and
73-25 (2) the disposal of:
73-26 (A) by-product material [radioactive substances]
73-27 except by-product material defined by Section 401.003(3)(B);
74-1 (B) naturally occurring radioactive material
74-2 waste except oil and gas NORM waste;
74-3 (C) source material; and
74-4 (D) special nuclear material.
74-5 SECTION 25. Section 401.015(c), Health and Safety Code, is
74-6 amended to read as follows:
74-7 (c) A person is not eligible to be appointed as a
74-8 representative of the public on the advisory board if that person
74-9 or that person's spouse is:
74-10 (1) engaged in an occupation in the health care field;
74-11 or
74-12 (2) employed by, participates in the management of, or
74-13 has a financial interest, other than as a consumer, in part of the
74-14 nuclear utility industry or in a business entity or other
74-15 organization that is licensed under [Subchapter F or] Subchapter G
74-16 or Chapter 402.
74-17 SECTION 26. Sections 401.052(b) and (d)-(f), Health and
74-18 Safety Code, are amended to read as follows:
74-19 (b) Rules adopted under this section for low-level
74-20 radioactive waste shall:
74-21 (1) to the extent practicable, be compatible with
74-22 United States Department of Transportation and United States
74-23 Nuclear Regulatory Commission regulations relating to the
74-24 transportation of low-level radioactive waste;
74-25 (2) require each shipper and transporter of low-level
74-26 radioactive waste to adopt an emergency plan approved by the
74-27 department for responding to transportation accidents;
75-1 (3) require the notification and reporting of
75-2 accidents to the department and to local emergency planning
75-3 committees in the county where the accident occurs;
75-4 (4) require each shipper to adopt a quality control
75-5 program approved by the department to verify that shipping
75-6 containers are suitable for shipment to a licensed disposal
75-7 facility; [and]
75-8 (5) assess a fee on shippers for shipments [to a Texas
75-9 low-level radioactive waste disposal facility] of low-level
75-10 radioactive waste originating in Texas or out-of-state to the
75-11 permanent management facility licensed under Chapter 402; and
75-12 (6) provide that:
75-13 (A) a shipper shall comply immediately with an
75-14 order of the board made in response to an alleged violation of a
75-15 rule adopted under this section if the order directs immediate
75-16 compliance; and
75-17 (B) if a shipper who was subject to an order
75-18 that directed immediate compliance applies for a hearing on the
75-19 alleged violation before the 21st day after the date the order was
75-20 issued, the board shall provide a hearing on the alleged violation
75-21 not later than the 30th day after the date the application is
75-22 received.
75-23 (d) [(1)] Fees assessed under this section [shall]:
75-24 (1) may [(A)] not exceed $10 per cubic foot of shipped
75-25 low-level radioactive waste;
75-26 (2) shall [(B)] be collected by the commission
75-27 [authority] and deposited to the credit of the radiation and
76-1 perpetual care fund; and
76-2 (3) shall [(C)] be used exclusively by the department
76-3 for emergency planning for and response to transportation accidents
76-4 involving low-level radioactive waste.
76-5 (e) [(2)] Fee assessments under this section shall be
76-6 suspended when the amount of fees collected reaches $500,000,
76-7 except that if the balance of fees collected is reduced to $350,000
76-8 or less, the assessments shall be reinstituted to bring the balance
76-9 of fees collected to $500,000.
76-10 (f) [(e)] Money expended from the radiation and perpetual
76-11 care fund to respond to accidents involving low-level radioactive
76-12 waste must be reimbursed to the radiation and perpetual care fund
76-13 by the responsible shipper or transporter according to rules
76-14 adopted by the board.
76-15 (g) [(f)] In this section, "shipper"[:]
76-16 [(1) "Shipper"] means a person who generates low-level
76-17 radioactive waste and ships or arranges with others to ship the
76-18 waste to a disposal site or permanent management facility.
76-19 [(2) "Authority" means the Texas Low-Level Radioactive
76-20 Waste Disposal Authority.]
76-21 SECTION 27. Section 401.058(c), Health and Safety Code, is
76-22 amended to read as follows:
76-23 (c) The commission, as part of the collection and
76-24 dissemination of information, shall maintain a file of:
76-25 (1) known locations in this state at which radioactive
76-26 material has been managed by an assured isolation facility or
76-27 disposed of and at which soil and facilities are contaminated; and
77-1 (2) information on inspection reports relating to the
77-2 radioactive material managed by an assured isolation facility or
77-3 disposed of and radiation levels at those locations.
77-4 SECTION 28. Section 401.061, Health and Safety Code, is
77-5 amended to read as follows:
77-6 Sec. 401.061. LOW-LEVEL RADIOACTIVE WASTE STUDIES. The
77-7 department and commission each within its jurisdiction shall
77-8 conduct studies of the need for [low-level radioactive waste
77-9 processing and disposal] facilities and technologies for processing
77-10 low-level radioactive waste, for assured isolation, and for
77-11 disposal as the agency considers necessary for minimizing the risks
77-12 to the public and the environment from low-level radioactive waste
77-13 management.
77-14 SECTION 29. Section 401.063(a), Health and Safety Code, is
77-15 amended to read as follows:
77-16 (a) The department or commission or the agency's
77-17 representative may enter public or private property at reasonable
77-18 times to determine whether, in a matter under the agency's
77-19 jurisdiction, there is compliance with this chapter or Chapter 402
77-20 and the agency's rules, licenses, registrations, and orders under
77-21 this chapter or Chapter 402.
77-22 SECTION 30. Section 401.067, Health and Safety Code, is
77-23 transferred to Subchapter D, Chapter 402, Health and Safety Code,
77-24 as amended by this Act, redesignated as Section 402.099, Health and
77-25 Safety Code, and amended to read as follows:
77-26 Sec. 402.099 [401.067]. LOCAL GOVERNMENT INSPECTIONS. (a)
77-27 An agent or employee of a local government may examine and copy
78-1 during regular business hours records relating to activities
78-2 licensed under Subchapter B [F]. Examinations and copying of
78-3 records must be done at the local government's expense and are
78-4 subject to limitations in Chapter 552, Government Code.
78-5 (b) Records copied under this section are public records
78-6 unless the record's owner shows to the satisfaction of the
78-7 commission that the records if made public will divulge trade
78-8 secrets. On such a showing, the commission shall consider the
78-9 copied records confidential.
78-10 (c) A local government agent or employee may not enter
78-11 private property that has management in residence unless the agent
78-12 or employee notifies the management, or person in charge, of the
78-13 agent's or employee's presence and exhibits proper credentials.
78-14 The agent or employee shall observe the rules of the establishment
78-15 being inspected relating to safety, internal security, and fire
78-16 protection.
78-17 SECTION 31. Section 401.101, Health and Safety Code, is
78-18 amended to read as follows:
78-19 Sec. 401.101. LICENSE AND REGISTRATION REQUIREMENT. A person
78-20 may not use, manufacture, produce, transport, transfer, receive,
78-21 acquire, own, possess, process, or dispose of a source of radiation
78-22 unless that person has a license, registration, or exemption from
78-23 the department or commission as provided by this chapter or, if the
78-24 source is low-level radioactive waste, a license issued under
78-25 Chapter 402 that authorizes the activity.
78-26 SECTION 32. Section 401.104(b), Health and Safety Code, is
78-27 amended to read as follows:
79-1 (b) Except as provided by Subsection (e), the commission by
79-2 rule shall provide for licensing for the disposal of radioactive
79-3 material except by-product material defined by Section
79-4 401.003(3)(B) and low-level radioactive waste. Licensing for the
79-5 disposal of low-level radioactive waste is governed by Chapter 402.
79-6 The department by rule shall provide for licensing the disposal of
79-7 by-product material defined by Section 401.003(3)(B).
79-8 SECTION 33. Section 401.106(c), Health and Safety Code, is
79-9 transferred to Subchapter B, Chapter 402, Health and Safety Code,
79-10 as amended by this Act, redesignated as Section 402.041, Health and
79-11 Safety Code, and amended to read as follows:
79-12 Sec. 402.041. EXTRAORDINARY AUTHORIZATION OF ON-SITE
79-13 DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE AT CERTAIN SITES.
79-14 [(c)] Notwithstanding any other law, the commission may, on
79-15 request or its own initiative, authorize on-site disposal of
79-16 low-level radioactive waste on a specific basis at any site at
79-17 which low-level radioactive waste disposal operations began before
79-18 September 1, 1989, if after evaluation of the specific
79-19 characteristics of the waste, the disposal site, and the method of
79-20 disposal, the commission finds that the continuation of the
79-21 disposal activity will not constitute a significant risk to the
79-22 public health and safety and to the environment.
79-23 SECTION 34. Section 401.108(c), Health and Safety Code, is
79-24 amended to read as follows:
79-25 (c) The commission shall reevaluate every five years the
79-26 qualifications and security provided by a license holder under
79-27 [Subchapter F or] Subchapter G. The reevaluation may coincide with
80-1 license renewal procedures if renewal and reevaluation occur in the
80-2 same year.
80-3 SECTION 35. Section 401.109(b), Health and Safety Code, is
80-4 amended to read as follows:
80-5 (b) The amount and type of security required shall be
80-6 determined under the agency's rules in accordance with criteria
80-7 that include:
80-8 (1) the need for and scope of decontamination,
80-9 decommissioning, reclamation, and [or] disposal or other permanent
80-10 management activity reasonably required to protect the public
80-11 health and safety and the environment;
80-12 (2) reasonable estimates of the cost of
80-13 decontamination, decommissioning, reclamation, and disposal as
80-14 provided by Section 401.303; and
80-15 (3) the cost of perpetual maintenance and
80-16 surveillance, if any.
80-17 SECTION 36. Section 401.111, Health and Safety Code, is
80-18 amended to read as follows:
80-19 Sec. 401.111. CRITERIA FOR CERTAIN UNSUITABLE NEW SITES FOR
80-20 PROCESSING LOW-LEVEL RADIOACTIVE WASTE. (a) The board [and
80-21 commission each], in adopting rules for the issuance of licenses
80-22 under its jurisdiction [their respective jurisdictions] for new
80-23 sites for processing [or disposal of] low-level radioactive waste
80-24 from other persons, shall adopt criteria for the designation of
80-25 unsuitable sites, including:
80-26 (1) flood hazard areas;
80-27 (2) areas with characteristics of discharge from or
81-1 recharge of a groundwater aquifer system; or
81-2 (3) areas in which soil conditions make spill cleanup
81-3 impracticable.
81-4 (b) The board [and commission each] shall consult with the
81-5 State Soil and Water Conservation Board, the Bureau of Economic
81-6 Geology, and other appropriate state agencies in developing
81-7 proposed rules. The board [and commission each] by rule shall:
81-8 (1) require selection of sites in areas in which
81-9 natural conditions minimize potential contamination of surface
81-10 water and groundwater; and
81-11 (2) prohibit issuance of licenses for unsuitable sites
81-12 as defined by the rules.
81-13 SECTION 37. Section 401.112, Health and Safety Code, is
81-14 amended to read as follows:
81-15 Sec. 401.112. LOW-LEVEL RADIOACTIVE WASTE PROCESSING [OR
81-16 DISPOSAL] LICENSE APPLICATION AND CONSIDERATIONS. (a) The
81-17 department [or commission], within its jurisdiction, in making a
81-18 licensing decision on a specific license application to process [or
81-19 dispose of] low-level radioactive waste from other persons, shall
81-20 consider:
81-21 (1) site suitability, geological, hydrological, and
81-22 meteorological factors, and natural hazards;
81-23 (2) compatibility with present uses of land near the
81-24 site;
81-25 (3) socioeconomic effects on surrounding communities
81-26 of operation of the licensed activity and of associated
81-27 transportation of low-level radioactive waste;
82-1 (4) the need for and alternatives to the proposed
82-2 activity, including an alternative siting analysis prepared by the
82-3 applicant;
82-4 (5) the applicant's qualifications, including
82-5 financial, technical, and past operating practices;
82-6 (6) background monitoring plans for the proposed site;
82-7 (7) suitability of facilities associated with the
82-8 proposed activities;
82-9 (8) chemical, radiological, and biological
82-10 characteristics of the low-level radioactive waste and waste
82-11 classification under Section 401.053;
82-12 (9) adequate insurance of the applicant to cover
82-13 potential injury to any property or person, including potential
82-14 injury from risks relating to transportation;
82-15 (10) training programs for the applicant's employees;
82-16 (11) a monitoring, record-keeping, and reporting
82-17 program;
82-18 (12) spill detection and cleanup plans for the
82-19 licensed site and related to associated transportation of low-level
82-20 radioactive waste;
82-21 (13) decommissioning and postclosure care plans;
82-22 (14) security plans;
82-23 (15) worker monitoring and protection plans;
82-24 (16) emergency plans; and
82-25 (17) a monitoring program for applicants that includes
82-26 prelicense and postlicense monitoring of background radioactive and
82-27 chemical characteristics of the soils, groundwater, and vegetation.
83-1 (b) An applicant for the specific license must submit with
83-2 the application information necessary for the board [issuing
83-3 agency] to consider the factors under Subsection (a).
83-4 (c) The board [and commission each] within its jurisdiction
83-5 by rule shall provide specific criteria for the different types of
83-6 licensed low-level radioactive waste activities for the listed
83-7 factors and may include additional factors and criteria that the
83-8 board [or commission, as appropriate,] determines necessary for
83-9 full consideration of a license.
83-10 SECTION 38. Sections 401.113(a) and (b), Health and Safety
83-11 Code, are amended to read as follows:
83-12 (a) Before a hearing under Section 401.114 begins, the board
83-13 [agency holding the hearing] shall prepare or have prepared a
83-14 written analysis of the effect on the environment of a proposed
83-15 licensed activity that the board [agency] determines has a
83-16 significant effect on the human environment.
83-17 (b) The board [agency] shall make the analysis available to
83-18 the public not later than the 31st day before the date of a hearing
83-19 under Section 401.114.
83-20 SECTION 39. Section 401.114, Health and Safety Code, is
83-21 amended to read as follows:
83-22 Sec. 401.114. NOTICE AND HEARING. (a) Before the department
83-23 [or commission], within its jurisdiction, grants or renews a
83-24 license to process [or dispose of] low-level radioactive waste from
83-25 other persons, the agency shall give notice and shall provide an
83-26 opportunity for a public hearing in the manner provided by the
83-27 agency's formal hearing procedure and Chapter 2001, Government
84-1 Code.
84-2 (b) In addition to other notice, the department [agency]
84-3 shall publish notice of the hearing in the manner provided by
84-4 Chapter 313, Government Code, in the county in which the proposed
84-5 facility is to be located. The notice shall state the subject and
84-6 the time, place, and date of the hearing.
84-7 (c) The department [agency] shall mail, by certified mail in
84-8 the manner provided by the agency's rules, written notice to each
84-9 person who owns property adjacent to the proposed processing site.
84-10 The notice must be mailed not later than the 31st day before the
84-11 date of the hearing and must include the same information that is
84-12 in the published notice. If true, the department [agency] or the
84-13 applicant must certify that the notice was mailed as required by
84-14 this subsection, and at the hearing the certificate is conclusive
84-15 evidence of the mailing.
84-16 SECTION 40. Section 401.115, Health and Safety Code, is
84-17 amended to read as follows:
84-18 Sec. 401.115. LICENSES FROM OTHER AGENCIES. A holder of a
84-19 license to operate a facility to process [or dispose of] low-level
84-20 radioactive waste may not operate the facility until the holder has
84-21 obtained all other required licenses or permits from other
84-22 agencies.
84-23 SECTION 41. Sections 401.116(a), (b), and (d), Health and
84-24 Safety Code, are amended to read as follows:
84-25 (a) An amendment to a license to process [or dispose of]
84-26 low-level radioactive waste from other persons may take effect
84-27 immediately.
85-1 (b) The department [or commission, as appropriate,] shall
85-2 publish notice of the license amendment once in the Texas Register
85-3 and in a newspaper of general circulation in the county in which
85-4 the licensed activity is located and shall give notice to any
85-5 person who has notified the agency, in advance, of the desire to
85-6 receive notice of proposed amendment of the license.
85-7 (d) The department [agency] shall give notice and hold a
85-8 hearing to consider the license amendment if a person affected
85-9 files a written complaint with the agency before the 31st day after
85-10 the date on which notice is published under Subsection (b). The
85-11 agency shall give notice of the hearing as provided by Section
85-12 401.114.
85-13 SECTION 42. Section 401.117, Health and Safety Code, is
85-14 amended to read as follows:
85-15 Sec. 401.117. CONSTRUCTION LIMITATION. The department [or
85-16 commission] shall prohibit major construction relating to
85-17 activities to be permitted under a license issued by the agency to
85-18 process [or dispose of] low-level radioactive waste from other
85-19 persons until the requirements in Sections 401.113 and 401.114 are
85-20 completed.
85-21 SECTION 43. Section 401.151, Health and Safety Code, is
85-22 amended to read as follows:
85-23 Sec. 401.151. COMPATIBILITY WITH FEDERAL STANDARDS. The
85-24 department [and commission each] shall assure that the management
85-25 of low-level radioactive waste under its jurisdiction [their
85-26 respective jurisdictions] is compatible with applicable federal
85-27 commission standards.
86-1 SECTION 44. Section 401.152, Health and Safety Code, is
86-2 amended to read as follows:
86-3 Sec. 401.152. CORRECTIVE ACTION AND MEASURES. (a) If the
86-4 department [or commission], under procedures provided by Section
86-5 401.056, finds that low-level radioactive waste under its
86-6 jurisdiction threatens the public health and safety and the
86-7 environment and that the license holder managing the low-level
86-8 radioactive waste is unable to remove the threat, the agency by
86-9 order may require any action, including a corrective measure, that
86-10 is necessary to remove the threat.
86-11 (b) The department [agency] shall use the security provided
86-12 by the license holder to pay the costs of actions that are taken or
86-13 that are to be taken under this section. The agency shall send to
86-14 the comptroller a copy of its order together with necessary written
86-15 requests authorizing the comptroller to:
86-16 (1) enforce security supplied by the license holder;
86-17 (2) convert an amount of security into cash, as
86-18 necessary; and
86-19 (3) disburse from the security in the fund the amount
86-20 necessary to pay the costs.
86-21 SECTION 45. Section 401.153(b), Health and Safety Code, is
86-22 amended to read as follows:
86-23 (b) A rule adopted under this section may not take effect
86-24 before the 24th month preceding the opening date of the permanent
86-25 management facility licensed [a low-level radioactive waste
86-26 disposal site authorized] under Chapter 402[,] and expires on the
86-27 date that the permanent management facility [disposal site] opens.
87-1 SECTION 46. Section 401.301(b), Health and Safety Code, is
87-2 amended to read as follows:
87-3 (b) The board by rule shall set the fee in an amount that
87-4 may not exceed the actual expenses annually incurred to:
87-5 (1) process applications for licenses or
87-6 registrations;
87-7 (2) amend or renew licenses or registrations;
87-8 (3) make inspections of license holders and
87-9 registrants; and
87-10 (4) enforce this chapter and rules, orders, licenses,
87-11 and registrations under this chapter[; and]
87-12 [(5) collect payments to the low-level radioactive
87-13 waste fund and general revenue as provided by Section 402.2721].
87-14 SECTION 47. Sections 401.303(a) and (c), Health and Safety
87-15 Code, are amended to read as follows:
87-16 (a) The department or commission may require the holder of a
87-17 license issued by the agency under this chapter to pay annually to
87-18 the issuing agency an amount determined by the issuing agency if
87-19 continuing or perpetual maintenance, surveillance, or other care is
87-20 required after termination of a licensed activity.
87-21 (c) The issuing agency may review estimates of costs that
87-22 are required to be incurred under this chapter in accordance with
87-23 the need, nature, and cost of decontamination, stabilization,
87-24 decommissioning, reclamation, and disposal or other permanent
87-25 management activity and the maintenance and surveillance required
87-26 for public health and safety and the environment.
87-27 SECTION 48. Section 401.381(a), Health and Safety Code, is
88-1 amended to read as follows:
88-2 (a) A person who violates a provision of this chapter
88-3 relating to an activity under the department's jurisdiction, a
88-4 department rule or order adopted or issued by the department under
88-5 this chapter, [or] a condition of a license issued by the
88-6 department under this chapter, or a condition of registration with
88-7 the department under this chapter [condition] is subject to a civil
88-8 penalty of not less than $100 or more than $25,000 for each
88-9 violation and for each day that a continuing violation occurs.
88-10 SECTION 49. Section 401.382(a), Health and Safety Code, is
88-11 amended to read as follows:
88-12 (a) A person commits an offense if the person intentionally
88-13 or knowingly violates a provision of this chapter relating to an
88-14 activity under the department's jurisdiction, other than the
88-15 offense described by Section 401.383.
88-16 SECTION 50. Section 401.383(a), Health and Safety Code, is
88-17 amended to read as follows:
88-18 (a) A person commits an offense if the person intentionally
88-19 or knowingly receives, processes, concentrates, stores, or
88-20 transports[, or disposes of] low-level radioactive waste without a
88-21 license that authorizes the activity issued under this chapter.
88-22 SECTION 51. Section 401.412(a), Health and Safety Code, is
88-23 amended to read as follows:
88-24 (a) Notwithstanding any other provision of this chapter and
88-25 subject to Sections 401.102 and 401.415, the commission has sole
88-26 and exclusive authority to directly regulate and to grant, deny,
88-27 renew, revoke, suspend, amend, or withdraw licenses for the
89-1 disposal of:
89-2 (1) low-level radioactive waste, in accordance with
89-3 Chapter 402;
89-4 (2) by-product material except by-product material
89-5 defined by Section 401.003(3)(B);
89-6 (3) naturally occurring radioactive material waste
89-7 except oil and gas NORM waste;
89-8 (4) source material; and
89-9 (5) special nuclear material [radioactive substances.
89-10 In this subsection, "radioactive substance" does not include
89-11 by-product material as defined by Section 401.003(3)(B)].
89-12 SECTION 52. Section 403.001(a), Health and Safety Code, is
89-13 amended to read as follows:
89-14 (a) The governor shall appoint six members to represent this
89-15 state on the commission established by Article III of the Texas
89-16 Low-Level Radioactive Waste Disposal Compact. One of the voting
89-17 members of the compact commission shall be a legal resident of the
89-18 host county. In this subsection, "host county" has the meaning
89-19 assigned by Section 2.01, Article II, Texas Low-Level Radioactive
89-20 Waste Disposal Compact (Section 403.006, Health and Safety Code)
89-21 [Hudspeth County, Texas].
89-22 SECTION 53. Section 7.033, Water Code, is amended to read as
89-23 follows:
89-24 Sec. 7.033. RECOVERY OF SECURITY FOR [CHAPTER 401, HEALTH
89-25 AND SAFETY CODE,] VIOLATION OF CHAPTER 401 OR 402, HEALTH AND
89-26 SAFETY CODE. (a) The commission shall seek reimbursement, either
89-27 by a commission order or by a suit filed under Subchapter D by the
90-1 attorney general at the commission's request, of security from the
90-2 radiation and perpetual care fund used by the commission to pay for
90-3 actions, including corrective measures, to remedy spills or
90-4 contamination by radioactive material resulting from a violation of
90-5 Chapter 401, Health and Safety Code, relating to an activity under
90-6 the commission's jurisdiction or a rule adopted or a license,
90-7 registration, or order issued by the commission under that chapter.
90-8 (b) The commission shall seek reimbursement, either by
90-9 commission order or by a suit filed under Subchapter D by the
90-10 attorney general at the commission's request, of security from the
90-11 permanent management facility decommissioning account used by the
90-12 commission under Section 402.092, Health and Safety Code.
90-13 SECTION 54. Section 7.111, Water Code, is amended to read as
90-14 follows:
90-15 Sec. 7.111. RECOVERY OF SECURITY FOR [CHAPTER 401, HEALTH
90-16 AND SAFETY CODE,] VIOLATION OF CHAPTER 401 OR 402, HEALTH AND
90-17 SAFETY CODE. On request by the commission, the attorney general
90-18 shall file suit to recover security under Section 7.033.
90-19 SECTION 55. Section 7.184(a), Water Code, is amended to read
90-20 as follows:
90-21 (a) A person commits an offense if the person:
90-22 (1) intentionally or knowingly violates a provision of
90-23 Chapter 401, Health and Safety Code, relating to an activity under
90-24 the commission's jurisdiction, or Chapter 402, Health and Safety
90-25 Code, other than the offense described by Subdivision (2); or
90-26 (2) intentionally or knowingly receives, processes,
90-27 packages, concentrates, stores, transports, undertakes assured
91-1 isolation, retrieves, reuses, or disposes of low-level radioactive
91-2 waste without or in violation of a license issued by the commission
91-3 under Chapter 401 or 402, Health and Safety Code.
91-4 SECTION 56. Section 7.303, Water Code, is amended to read as
91-5 follows:
91-6 Sec. 7.303. GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE,
91-7 CERTIFICATE, OR REGISTRATION. (a) This section applies to a
91-8 license, certificate, or registration issued:
91-9 (1) by the commission under:
91-10 (A) Section 26.0301 or 26.459 of this code;
91-11 (B) Chapter 18, 32, 33, or 34 of this code;
91-12 (C) Section 361.0861, 361.092, or 361.112,
91-13 Health and Safety Code; or
91-14 (D) Chapter 366, 371, [or] 401, or 402, Health
91-15 and Safety Code;
91-16 (2) by a county under Subchapter E, Chapter 361,
91-17 Health and Safety Code; or
91-18 (3) under a rule adopted under any of those
91-19 provisions.
91-20 (b) After notice and hearing, the commission may suspend or
91-21 revoke a license, certificate, or registration the commission or a
91-22 county has issued, place on probation a person whose license,
91-23 certificate, or registration has been suspended, reprimand the
91-24 holder of a license, certificate, or registration, or refuse to
91-25 renew or reissue a license, certificate, or registration on any of
91-26 the following grounds:
91-27 (1) having a record of environmental violations in the
92-1 preceding five years at the licensed, certified, or registered
92-2 site;
92-3 (2) committing fraud or deceit in obtaining the
92-4 license, certificate, or registration;
92-5 (3) demonstrating gross negligence, incompetency, or
92-6 misconduct while acting as holder of a license, certificate, or
92-7 registration;
92-8 (4) making an intentional misstatement or
92-9 misrepresentation of fact in information required to be maintained
92-10 or submitted to the commission by the holder of the license,
92-11 certificate, or registration;
92-12 (5) failing to keep and transmit records as required
92-13 by a statute within the commission's jurisdiction or a rule adopted
92-14 under such a statute;
92-15 (6) being indebted to the state for a fee, payment of
92-16 a penalty, or a tax imposed by a statute within the commission's
92-17 jurisdiction or a rule adopted under such a statute;
92-18 (7) with respect to a license issued under Chapter 18,
92-19 failing to continue to possess qualifications necessary for the
92-20 issuance of an original license;
92-21 (8) with respect to a certificate of competency issued
92-22 under Section 26.0301, violating a discharge permit of a sewage
92-23 treatment plant, unless:
92-24 (A) the holder of the certificate is unable to
92-25 properly operate the sewage treatment facility due to the refusal
92-26 of the permit holder to authorize necessary expenditures to operate
92-27 the sewage treatment facility properly; or
93-1 (B) failure of the sewage treatment facility to
93-2 comply with its discharge permit results from faulty design of the
93-3 sewage treatment facility;
93-4 (9) with respect to a license issued under Chapter 32,
93-5 failing to advise a person for whom a well is being drilled that
93-6 injurious water has been encountered, is a pollution hazard, and
93-7 must be immediately plugged in an acceptable manner;
93-8 (10) with respect to a registration issued under
93-9 Chapter 366, Health and Safety Code, violating that chapter or a
93-10 rule adopted under that chapter; [or]
93-11 (11) with respect to a license issued under Subchapter
93-12 E, Chapter 361, Health and Safety Code, violating that chapter or
93-13 another applicable law or a commission rule governing the
93-14 processing, storage, or disposal of solid waste;
93-15 (12) with respect to a license issued by the
93-16 commission under Chapter 401, Health and Safety Code, violating a
93-17 provision of that chapter relating to an activity under the
93-18 commission's jurisdiction; or
93-19 (13) with respect to a license issued under Chapter
93-20 402, Health and Safety Code, violating that chapter or another law
93-21 applicable to the license holder or violating a commission rule
93-22 governing the processing, packaging, storage, assured isolation, or
93-23 disposal of low-level radioactive waste.
93-24 SECTION 57. Subchapter G, Chapter 7, Water Code, is amended
93-25 by adding Section 7.311 to read as follows:
93-26 Sec. 7.311. EMERGENCY SUSPENSION AND CORRECTIVE ACTION ORDER
93-27 FOR PERMANENT MANAGEMENT FACILITY. (a) If the commission has
94-1 reason to believe a violation of a license issued under Chapter
94-2 402, Health and Safety Code, has occurred or that a condition at
94-3 the permanent management facility licensed under that chapter
94-4 presents or threatens to present a danger to the public health or
94-5 safety or the environment, the commission by order may:
94-6 (1) summarily suspend the permanent management
94-7 license; and
94-8 (2) require the permanent management license holder to
94-9 take action to correct the alleged violation or condition.
94-10 (b) The commission shall provide the permanent management
94-11 license holder an opportunity for a hearing on the facts underlying
94-12 the order on written application to the commission received not
94-13 later than the 30th day after the date of the order. The
94-14 commission shall hold the requested hearing not earlier than the
94-15 11th day and not later than the 20th day after the date the
94-16 commission receives the license holder's written application for
94-17 the hearing.
94-18 (c) The commission shall affirmatively continue, modify, or
94-19 revoke a suspension or order based on the results of the hearing.
94-20 SECTION 58. Section 7.351(a), Water Code, is amended to read
94-21 as follows:
94-22 (a) If it appears that a violation or threat of violation of
94-23 Chapter 16, 26, 28, or 34 of this code or Chapter 361, 371, 372, or
94-24 382, Health and Safety Code, or a provision of Chapter 401, Health
94-25 and Safety Code, under the commission's jurisdiction, or Chapter
94-26 402, Health and Safety Code, or a rule adopted or an order or a
94-27 permit issued by the commission under those chapters or provisions
95-1 has occurred or is occurring in the jurisdiction of a local
95-2 government, the local government or, in the case of a violation of
95-3 Chapter 401 or 402, Health and Safety Code, a person affected, as
95-4 defined by Section 401.003, Health and Safety Code [in that
95-5 chapter], may institute a civil suit under Subchapter D in the same
95-6 manner as the commission in a district court by its own attorney
95-7 for the injunctive relief or civil penalty, or both, as authorized
95-8 by this chapter against the person who committed, is committing, or
95-9 is threatening to commit the violation.
95-10 SECTION 59. Section 7.354, Water Code, is amended to read as
95-11 follows:
95-12 Sec. 7.354. COSTS AND FEES. A penalty collected in a suit
95-13 under this subchapter for a violation of Chapter 28 of this code or
95-14 Chapter 401 or 402, Health and Safety Code, shall be paid to the
95-15 state. If the suit is brought by a local government or, in the
95-16 case of a violation of Chapter 401 or 402, Health and Safety Code,
95-17 by a person affected as defined by Section 401.003, Health and
95-18 Safety Code [in that chapter], the court shall include in any final
95-19 judgment in favor of the local government or affected person an
95-20 award to cover reasonable costs and attorney's fees.
95-21 SECTION 60. Section 7.355, Water Code, is amended to read as
95-22 follows:
95-23 Sec. 7.355. COMPLAINTS. In the case of a violation of
95-24 Chapter 401 or 402, Health and Safety Code, a local government or
95-25 person affected as defined by Section 401.003, Health and Safety
95-26 Code, may file with the commission a written complaint and may
95-27 request an investigation of an alleged violation by a person who
96-1 holds a permit subject to the commission's jurisdiction.
96-2 SECTION 61. Section 7.357, Water Code, is amended to read as
96-3 follows:
96-4 Sec. 7.357. PROSECUTION. A local government or, in the case
96-5 of a violation of Chapter 401 or 402, Health and Safety Code, a
96-6 person affected as defined by Section 401.003, Health and Safety
96-7 Code, [in that chapter] may bring suit in the county in which the
96-8 alleged violation occurred or is about to occur, if the commission
96-9 does not have a suit filed before the 121st day after the date on
96-10 which the written complaint is filed under Section 7.355.
96-11 SECTION 62. The following provisions of the Health and Safety
96-12 Code are repealed:
96-13 (1) Subchapter F, Chapter 401;
96-14 (2) Section 401.306;
96-15 (3) Section 401.413;
96-16 (4) Sections 402.052 and 402.055;
96-17 (5) Sections 402.121-402.125;
96-18 (6) Sections 402.127-402.129;
96-19 (7) Subchapters F and G, Chapter 402;
96-20 (8) Sections 402.211-402.215;
96-21 (9) Sections 402.218-402.220;
96-22 (10) Sections 402.224-402.226;
96-23 (11) Section 402.228;
96-24 (12) Section 402.2721; and
96-25 (13) Section 402.275(f).
96-26 SECTION 63. This Act takes effect September 1, 2001.