1-1 By: Duncan, Brown S.B. No. 1541
1-2 (In the Senate - Filed March 9, 2001; March 14, 2001, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 20, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; April 20, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1541 By: Duncan
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the permanent management of low-level radioactive
1-11 waste.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. The heading to Chapter 402, Health and Safety
1-14 Code, is amended to read as follows:
1-15 CHAPTER 402. PERMANENT MANAGEMENT OF
1-16 LOW-LEVEL RADIOACTIVE WASTE [DISPOSAL AUTHORITY]
1-17 SECTION 2. Section 402.001, Health and Safety Code, is
1-18 amended to read as follows:
1-19 Sec. 402.001. SHORT TITLE. This chapter may be cited as the
1-20 Permanent Management of [Texas] Low-Level Radioactive Waste
1-21 [Disposal Authority] Act.
1-22 SECTION 3. Subsections (a) and (c), Section 402.002, Health
1-23 and Safety Code, are amended to read as follows:
1-24 (a) Low-level radioactive waste is generated as a by-product
1-25 of medical, research, and industrial activities and through the
1-26 operation of nuclear power plants. Loss of capability to manage
1-27 and dispose of low-level radioactive waste would threaten the
1-28 health and welfare of the citizens of this state and would
1-29 ultimately lead to the loss of the benefits of those activities
1-30 that are dependent on reliable facilities for low-level radioactive
1-31 waste management and disposal.
1-32 (c) The purpose of this chapter is to provide the Texas
1-33 Natural Resource Conservation Commission with the powers to ensure
1-34 that the state has the [establish the Texas Low-Level Radioactive
1-35 Waste Disposal Authority with responsibility for assuring]
1-36 necessary [disposal] capability to permanently manage [for]
1-37 specific categories of low-level radioactive waste.
1-38 SECTION 4. Sections 402.003 and 402.004, Health and Safety
1-39 Code, are amended to read as follows:
1-40 Sec. 402.003. DEFINITIONS. In this chapter:
1-41 (1) "Assured isolation" means the management of
1-42 low-level radioactive waste to inhibit the release from the waste
1-43 of its radioactive constituents so that concentrations of materials
1-44 entering the accessible environment will remain within prescribed
1-45 parameters, in a manner that:
1-46 (A) employs an isolation, containment, and
1-47 shielding system that uses:
1-48 (i) characteristics and the form of the
1-49 waste;
1-50 (ii) active and ongoing maintenance;
1-51 (iii) active monitoring;
1-52 (iv) isolation facility operating
1-53 procedures;
1-54 (v) institutional controls;
1-55 (vi) natural site characteristics; and
1-56 (vii) engineered features of the facility;
1-57 (B) preserves the ability to retrieve the
1-58 managed waste for subsequent use, processing, or management; and
1-59 (C) can involve above-grade disposal with a final
1-60 protective earthen cover applied at the end of active operation.
1-61 ["Authority" means the Texas Low-Level Radioactive Waste Disposal
1-62 Authority.]
1-63 (2) "Compact" means the Texas Low-Level Radioactive
1-64 Waste Disposal Compact (Section 403.006). ["Board" means the board
2-1 of directors of the authority.]
2-2 (3) "Compact commission" means the Texas Low-Level
2-3 Radioactive Waste Disposal Compact Commission established by
2-4 Article III of the compact. ["Contract operator" means a political
2-5 subdivision or agency of the state or a private entity with which
2-6 the authority has entered into a contract under Section 402.212.]
2-7 (4) "Department" means the Texas Department of Health.
2-8 (5) "Disposal" means isolation or removal of low-level
2-9 radioactive waste from mankind and mankind's environment without
2-10 intent to retrieve that waste later. The term does not include
2-11 emissions and discharges under department rules. ["Disposal site"
2-12 means the property and facilities acquired, constructed, and owned
2-13 by the authority at which low-level radioactive waste can be
2-14 processed and disposed of permanently.]
2-15 (6) "Low-level radioactive waste" has the meaning
2-16 assigned by Section 401.004.
2-17 (7) ["Management" means establishing, adopting, and
2-18 entering into and assuring compliance with the general policies,
2-19 rules, and contracts that govern the operation of a disposal site.]
2-20 [(8)] "Operation" means the control, supervision, and
2-21 implementation of the actual physical activities involved in
2-22 permanent management [the receipt, processing, packaging, storage,
2-23 disposal, and monitoring of low-level radioactive waste] at a
2-24 permanent management facility [disposal site], the maintenance of a
2-25 permanent management facility [disposal site], and any other
2-26 responsibilities [designated by] the commission designates [board]
2-27 as part of the operation.
2-28 (8) "Permanent management" means:
2-29 (A) disposal or assured isolation with later
2-30 conversion of the assured isolation facility for on-site disposal
2-31 of the isolated waste; and
2-32 (B) related on-site activities, including
2-33 receipt, processing, packaging, storage, and monitoring of
2-34 low-level radioactive waste.
2-35 (9) "Permanent management facility" means a site and
2-36 on-site improvements designed for permanent management.
2-37 (10) "Person" includes a legal successor to or
2-38 representative, agent, or agency of any person.
2-39 (11) [(10)] "Radioactive material" means solid,
2-40 liquid, or gaseous material, whether occurring naturally or
2-41 produced artificially, that emits radiation spontaneously.
2-42 [(11) "Rangeland and wildlife management plan" means a
2-43 plan that applies rangeland and wildlife habitat management
2-44 techniques to land located in the vicinity of a disposal site so
2-45 that the natural productivity and economic value of the land are
2-46 enhanced.]
2-47 (12) "Bond" means any type of obligation issued by the
2-48 commission [authority] under this chapter, including a certificate
2-49 of obligation, bond, note, draft, bill, warrant, debenture, interim
2-50 certificate, revenue or bond anticipation note, or other evidence
2-51 of indebtedness.
2-52 (13) "Host county" means the county in which the
2-53 permanent management facility [disposal site] is or will be
2-54 located.
2-55 (14) "Commission" means the Texas Natural Resource
2-56 Conservation Commission.
2-57 (15) "Executive director" means the executive director
2-58 of the commission.
2-59 (16) "Federal facility waste" means low-level
2-60 radioactive waste generated by an agency of the federal government.
2-61 Sec. 402.004. REFERENCES IN LAW TO TEXAS LOW-LEVEL
2-62 RADIOACTIVE WASTE DISPOSAL AUTHORITY [AGENCY ABOLISHED AND
2-63 FUNCTIONS TRANSFERRED]. A [The authority is abolished and any]
2-64 reference in [this chapter or another] law to the Texas Low-Level
2-65 Radioactive Waste Disposal Authority, [authority or] the board of
2-66 directors of the authority, or the general manager of the authority
2-67 means the Texas Natural Resource Conservation Commission.
2-68 SECTION 5. Subchapter B, Chapter 402, Health and Safety
2-69 Code, is amended to read as follows:
3-1 SUBCHAPTER B. LICENSING OF PERMANENT MANAGEMENT
3-2 FACILITY [ADMINISTRATIVE PROVISIONS]
3-3 Sec. 402.011. LICENSE REQUIRED. A person may not dispose of
3-4 or engage in assured isolation of low-level radioactive waste or
3-5 accept low-level radioactive waste for disposal or assured
3-6 isolation unless:
3-7 (1) the person holds a permanent management license
3-8 issued under this subchapter; and
3-9 (2) the disposal or assured isolation is conducted in
3-10 accordance with the:
3-11 (A) permanent management license issued under
3-12 this subchapter; and
3-13 (B) methods and procedures prescribed under
3-14 Section 402.060.
3-15 Sec. 402.012. LICENSING AUTHORITY. (a) The commission by
3-16 rule shall provide for receiving applications for and issuing a
3-17 single license for permanent management at a single permanent
3-18 management facility. The commission may issue the license only for
3-19 a permanent management facility that meets:
3-20 (1) requirements for licensing provided by this
3-21 chapter and by commission rules;
3-22 (2) requirements for disposal adopted by the
3-23 commission that are as stringent as necessary to meet federal
3-24 requirements for disposal; and
3-25 (3) the entire necessary capacity determined under
3-26 Section 402.061.
3-27 (b) Except as provided by Subsection (c), the commission by
3-28 rule shall provide that the permanent management license authorizes
3-29 only the permanent management of:
3-30 (1) low-level radioactive waste to be managed under
3-31 the compact in accordance with the volumes of low-level radioactive
3-32 waste established by the compact commission under Section 3.04(11)
3-33 of the compact; and
3-34 (2) non-compact low-level radioactive waste approved
3-35 for importation to this state by the compact commission under
3-36 Section 3.05 of the compact.
3-37 (c) The commission by rule shall provide for issuing under
3-38 the procedures provided by this chapter a single permanent
3-39 management license that, in addition to the permanent management
3-40 activities related to low-level radioactive waste described by
3-41 Subsection (b), would allow the permanent management license
3-42 holder, under the same license, to dispose of federal facility
3-43 waste at a separate facility adjacent to the facility for the
3-44 disposal of low-level radioactive waste described by Subsection
3-45 (b).
3-46 Sec. 402.013. REGIONAL DISPOSAL FACILITY. The permanent
3-47 management facility licensed under this chapter is the regional
3-48 disposal facility established and operated under the compact for
3-49 purposes of the federal Low-Level Radioactive Waste Policy Act, as
3-50 amended by the Low-Level Radioactive Waste Policy Amendments Act of
3-51 1985 (42 U.S.C. Sections 2021b-2021j).
3-52 Sec. 402.014. UNSUITABLE SITES. (a) To the extent
3-53 necessary to protect the public health and safety and the
3-54 environment, the commission by rule shall adopt criteria for the
3-55 designation of a site as unsuitable for assured isolation or
3-56 disposal under this chapter, including criteria regarding risks
3-57 presented by:
3-58 (1) active tectonic processes, including earthquakes
3-59 and other seismic activity;
3-60 (2) movements and uses of groundwater, surface water,
3-61 and storm water runoff;
3-62 (3) flooding and rainfall patterns;
3-63 (4) violent storms, including hurricanes, tornados,
3-64 and lightning;
3-65 (5) prevalent or seasonal winds or temperatures; and
3-66 (6) proximity of the site to population centers or by
3-67 the density of population near the site.
3-68 (b) The commission shall prohibit permanent management at a
3-69 site located:
4-1 (1) in a 100-year flood plain; or
4-2 (2) less than 20 miles upstream of or up-drainage from
4-3 the maximum elevation of the surface of a reservoir project that:
4-4 (A) has been constructed or is under
4-5 construction by the United States Bureau of Reclamation or the
4-6 United States Army Corps of Engineers; or
4-7 (B) has been approved for construction by the
4-8 Texas Water Development Board as part of the state water plan under
4-9 Subchapter C, Chapter 16, Water Code.
4-10 Sec. 402.015. NOTICE OF APPLICATIONS AND HEARINGS. When the
4-11 commission is prepared to accept applications for the permanent
4-12 management license, the commission shall give to the secretary of
4-13 state for publication in the Texas Register a notice that provides
4-14 the date the commission will begin accepting applications for the
4-15 proposed permanent management facility. The notice must reference
4-16 the commission's rules regarding the application process and
4-17 requirements for licensing.
4-18 Sec. 402.016. APPLICATION PROCEDURES; NOTICE OF INTENT TO
4-19 APPLY. (a) The commission by rule shall adopt procedures for
4-20 handling applications under this subchapter.
4-21 (b) The procedures must include appropriate procedures to
4-22 assure fair and impartial communications between applicants or
4-23 prospective applicants and the commission or commission staff
4-24 during the period between the time the commission gives notice
4-25 under Section 402.015 and the time the executive director selects
4-26 the application with the highest comparative merit under Section
4-27 402.019(f).
4-28 (c) A prospective applicant shall file with the commission a
4-29 notice of intent to apply for a permanent management license under
4-30 this chapter, together with a nonrefundable fee of $100,000.00.
4-31 The notice of intent must identify the site for the proposed
4-32 permanent management facility and each county in which any part of
4-33 the facility is located. The commission shall apply a fee accepted
4-34 under this section toward the prospective applicant's permanent
4-35 management license application fee if the prospective applicant
4-36 subsequently files a license application. The commission shall
4-37 notify the commissioners court of each county in which any part of
4-38 the site for the proposed permanent management facility is located
4-39 of the receipt of the notice of intent under this section.
4-40 Sec. 402.017. APPLICATION REQUIREMENTS. (a) To apply for
4-41 the permanent management license, a person must:
4-42 (1) present to the commission an application on a form
4-43 the commission prescribes; and
4-44 (2) pay an application fee in an amount set by the
4-45 commission.
4-46 (b) A person may apply for the permanent management license
4-47 only if the person owns in fee simple or holds an option to
4-48 purchase in fee simple all interest in the land on which the
4-49 applicant proposes to locate the permanent management facility and
4-50 the improvements on the land. The applicant must attach to the
4-51 application documents establishing the ownership interest. This
4-52 subsection does not apply if the commission is considering
4-53 applications for a permanent management license to be issued for
4-54 permanent management on property previously conveyed to the state
4-55 under Section 402.029.
4-56 (c) An application for the permanent management license must
4-57 include:
4-58 (1) a certification by the commissioners court of each
4-59 county of this state in which any part of the proposed permanent
4-60 management facility is located that the county has been approved
4-61 for the location of the permanent management facility by a:
4-62 (A) resolution of the commissioners court that
4-63 has not been revoked by the results of a referendum of the county's
4-64 voters as provided by Section 402.038; or
4-65 (B) referendum of the county's voters as
4-66 provided by Section 402.038; and
4-67 (2) all plans, designs, specifications, schedules,
4-68 analyses, and other information the commission establishes by rule
4-69 under Sections 402.020-402.024 as necessary for the executive
5-1 director and the commission to evaluate the applicant's technical,
5-2 managerial, and financial qualifications or any other of the
5-3 applicant's qualifications the commission considers necessary to
5-4 protect the public health or safety or the environment.
5-5 Sec. 402.018. ADMINISTRATIVELY COMPLETE APPLICATIONS.
5-6 (a) The commission shall require applications to be submitted on
5-7 or before the 120th day after the date notice is published under
5-8 Section 402.015. The applications must address each of the
5-9 criteria established under Sections 402.020-402.024.
5-10 (b) On or before the 45th day after the date the application
5-11 is received, the executive director shall issue an administrative
5-12 notice of deficiency to each applicant whose application is timely
5-13 submitted but is determined by the executive director to be
5-14 administratively incomplete.
5-15 (c) The commission shall provide an applicant for whom an
5-16 administrative notice of deficiency is issued not more than three
5-17 opportunities to cure the noted deficiencies in the application on
5-18 or before the 90th day after the date the first notice of
5-19 deficiency is issued.
5-20 (d) The executive director shall reject any application
5-21 that, after the period for correcting deficiencies has expired, is
5-22 not administratively complete.
5-23 Sec. 402.019. TECHNICAL REVIEW OF APPLICATIONS; EXECUTIVE
5-24 DIRECTOR RECOMMENDATION. (a) The executive director shall have
5-25 prepared by commission personnel or an independent contractor a
5-26 written evaluation of each complete application in terms of the
5-27 criteria established under Sections 402.020-402.024.
5-28 (b) The executive director shall conduct at least one public
5-29 meeting in each county, as applicable, to receive public comments
5-30 on the administratively complete applications. The executive
5-31 director shall set the time and place of the meetings as soon as
5-32 practicable after the close of the period for administrative review
5-33 of the applications.
5-34 (c) After preliminary technical review is completed on all
5-35 applications, the executive director shall issue a technical notice
5-36 of deficiency to each applicant whose application is determined by
5-37 the executive director to be technically insufficient.
5-38 (d) The executive director shall provide an applicant for
5-39 whom a technical notice of deficiency is issued two opportunities
5-40 to cure the noted deficiencies in the application on or before the
5-41 60th day after the date the technical notice of deficiency is
5-42 issued.
5-43 (e) The executive director shall use the written evaluations
5-44 and application materials to evaluate each application according to
5-45 the criteria established under Sections 402.020-402.024. The
5-46 executive director shall evaluate each application for each
5-47 criterion for purposes of comparing the relative merit of the
5-48 applications, giving:
5-49 (1) equal weight to each criterion within a tier of
5-50 criteria;
5-51 (2) the greatest weight to tier 1 criteria, greater
5-52 weight to tier 2 criteria than to tier 3 criteria, and the least
5-53 weight to tier 4 criteria; and
5-54 (3) greater weight to an application for an assured
5-55 isolation facility than to an application for a disposal facility
5-56 if the results of the evaluations of the applications under this
5-57 section are substantially equivalent.
5-58 (f) The executive director, based on the written evaluations
5-59 and application materials, shall select the application which has
5-60 the highest comparative merit.
5-61 (g) If, in the opinion of the executive director, the
5-62 application with the greatest merit is still technically
5-63 insufficient, the executive director may issue additional technical
5-64 notices of deficiency if necessary to permit the executive director
5-65 to declare the application technically sufficient and issue a draft
5-66 license.
5-67 (h) The executive director shall complete the preparation of
5-68 the draft license no later than 15 months from the date the
5-69 technical review begins; or, if the executive director concludes
6-1 that a draft license cannot be prepared based on the application,
6-2 the application will be returned and the executive director may
6-3 process the next most meritorious application.
6-4 Sec. 402.020. TIER 1 CRITERIA. (a) The commission by rule
6-5 shall adopt tier 1 criteria to evaluate:
6-6 (1) the natural characteristics of the site for a
6-7 proposed permanent management facility;
6-8 (2) the adequacy of the proposed permanent management
6-9 facility to safely isolate, shield, and contain low-level
6-10 radioactive waste from mankind and mankind's environment; and
6-11 (3) the adequacy of financial assurance related to the
6-12 proposed permanent management facility.
6-13 (b) Criteria for evaluating natural characteristics of the
6-14 site for a proposed permanent management facility must include:
6-15 (1) the suitability of the site for assured isolation
6-16 or disposal, including the site's:
6-17 (A) geological characteristics;
6-18 (B) topography, including features relating to
6-19 erosion;
6-20 (C) surface and underground hydrology;
6-21 (D) meteorological factors; and
6-22 (E) natural hazards;
6-23 (2) the compatibility of permanent management at the
6-24 site with any uses of land near the site that could affect the
6-25 natural performance of the site or that could affect monitoring of
6-26 the site;
6-27 (3) the adequacy of prelicense monitoring data and
6-28 background monitoring plans for the site, including analysis of the
6-29 ambient conditions of the site and established trends of the site's
6-30 natural parameters, including:
6-31 (A) natural background radioactivity levels;
6-32 (B) radon gas levels;
6-33 (C) air particulate levels;
6-34 (D) soil characteristics, including the chemical
6-35 characteristics;
6-36 (E) surface water and groundwater
6-37 characteristics; and
6-38 (F) flora and fauna at the site;
6-39 (4) whether the site's natural characteristics
6-40 disqualify the site as unsuitable under criteria adopted under
6-41 Section 402.014;
6-42 (5) the possible effects of permanent management at
6-43 the site on flora and fauna at or near the site; and
6-44 (6) the ease of access to the site.
6-45 (c) The criteria to assess the adequacy of the proposed
6-46 permanent management facility must include:
6-47 (1) the capability of the proposed facility to
6-48 isolate, shield, and contain low-level radioactive waste in
6-49 conformity with federal standards;
6-50 (2) acceptable operational safety; and
6-51 (3) acceptable long-term safety as demonstrated by
6-52 analysis or study.
6-53 (d) The financial assurance criteria must include:
6-54 (1) the adequacy of the applicant's financial
6-55 qualifications to conduct permanent management as proposed,
6-56 including any required decontamination, decommissioning,
6-57 reclamation, or disposal and control and maintenance of the site
6-58 after the cessation of active operations;
6-59 (2) the adequacy of the applicant's financial
6-60 assurance in an amount and type acceptable to the commission and
6-61 adequate to cover potential injury to any property or person;
6-62 (3) the adequacy of the applicant's financial
6-63 security, as required by commission rules adopted under Section
6-64 402.032; and
6-65 (4) the degree of certainty that the applicant will be
6-66 able to maintain adequate financial security.
6-67 (e) In adopting financial assurance criteria, the commission
6-68 may consider the different times at which similar expenditures
6-69 would be necessary for an assured isolation facility as compared to
7-1 a disposal facility, the different expenditures necessary for those
7-2 types of facilities, and the different life-cycle costs for those
7-3 types of facilities.
7-4 Sec. 402.021. TIER 2 CRITERIA. The commission shall adopt
7-5 tier 2 criteria to evaluate:
7-6 (1) the suitability of facilities at the site that are
7-7 associated with permanent management and the adequacy of their
7-8 engineering and design;
7-9 (2) the suitability of the proposed permanent
7-10 management facility for the chemical, radiological, and biological
7-11 characteristics of the low-level radioactive waste as classified
7-12 under the system established under Section 401.053;
7-13 (3) whether the on-site improvements proposed for the
7-14 proposed permanent management facility meet the necessary capacity
7-15 determined under Section 402.061; and
7-16 (4) whether the proposed permanent management would
7-17 violate rules adopted under Section 402.060(b) or (c).
7-18 Sec. 402.022. TIER 3 CRITERIA. The commission shall adopt
7-19 tier 3 criteria to evaluate the applicant's:
7-20 (1) technical qualifications for management of
7-21 low-level radioactive waste;
7-22 (2) experience in management and disposal of low-level
7-23 radioactive waste and other radioactive materials;
7-24 (3) previous operating practices in this state and
7-25 elsewhere, including the practices of a parent, subsidiary, or
7-26 affiliated entity of the applicant, related to radioactive
7-27 materials;
7-28 (4) record of compliance with environmental statutes,
7-29 rules, and licenses in this state and in any other jurisdiction,
7-30 including the records of a parent, subsidiary, or affiliated entity
7-31 of the applicant;
7-32 (5) training programs proposed for its employees whose
7-33 duties relate to the proposed permanent management facility;
7-34 (6) monitoring, recordkeeping, and reporting plans;
7-35 (7) low-level radioactive waste spill detection and
7-36 cleanup plans for the proposed permanent management facility;
7-37 (8) decommissioning and post-closure plans for the
7-38 proposed permanent management facility;
7-39 (9) security plans for the proposed permanent
7-40 management facility;
7-41 (10) monitoring and protection plans for workers at
7-42 the proposed permanent management facility;
7-43 (11) emergency plans;
7-44 (12) plans for background monitoring of the proposed
7-45 permanent management facility during the license period, including
7-46 analysis of the ambient conditions of the site and analysis of
7-47 established trends of the site's natural parameters, including:
7-48 (A) natural background radioactivity levels;
7-49 (B) radon gas levels;
7-50 (C) air particulate levels;
7-51 (D) soil characteristics, including the chemical
7-52 characteristics;
7-53 (E) surface water and groundwater
7-54 characteristics; and
7-55 (F) flora and fauna at the site; and
7-56 (13) ability to adequately manage the proposed
7-57 permanent management facility for the term of the license.
7-58 Sec. 402.023. TIER 4 CRITERIA. The commission shall adopt
7-59 tier 4 criteria to evaluate:
7-60 (1) the compatibility of uses of land near the
7-61 proposed permanent management facility that could be affected by
7-62 the construction and operation of the facility; and
7-63 (2) possible socioeconomic effects of the proposed
7-64 permanent management facility, its operation, and related
7-65 transportation of low-level radioactive waste to the facility on
7-66 communities in the host county.
7-67 Sec. 402.024. ADDITIONAL CRITERIA. The commission by rule
7-68 may adopt other criteria it finds necessary to protect the public
7-69 health or safety or the environment. The commission shall specify
8-1 for each additional criterion the tier within which the criterion
8-2 will be weighed.
8-3 Sec. 402.025. PROPOSED RECOMMENDATION FOR LICENSING HEARING.
8-4 (a) Immediately on completing the technical review under Section
8-5 402.019, the executive director shall:
8-6 (1) issue a draft license for the application selected
8-7 and determined by the executive director to be technically
8-8 sufficient; and
8-9 (2) issue a proposed recommendation with written
8-10 assessment based upon the technical review and evaluation of the
8-11 applications under Section 402.019.
8-12 (b) Upon issuance of the draft license and proposed
8-13 recommendation with written assessment, the chief clerk of the
8-14 commission shall refer the application to the State Office of
8-15 Administrative Hearings for a contested case on the license
8-16 application.
8-17 (c) The executive director shall publish, at the applicant's
8-18 expense, notice of the draft license, proposed recommendation with
8-19 written assessment, and the time and place of the contested hearing
8-20 at the State Office of Administrative Hearings. The notice shall
8-21 include a statement that the draft license and proposed
8-22 recommendation with written assessment are available for review on
8-23 the commission's website, at the offices of the commission, and in
8-24 the county in which a site for the proposed permanent management
8-25 facility is located. Notice shall be published, no later than 30
8-26 days before the date of the contested hearing, in a newspaper of
8-27 general circulation in each county in which a site for the proposed
8-28 permanent management facility is located. Notice shall also be
8-29 published in the Texas Register no later than 30 days before the
8-30 date of the contested hearing. The applicant shall mail notice of
8-31 the contested hearing by certified mail to each person who owns
8-32 land adjacent to the site of the proposed permanent management
8-33 facility.
8-34 Sec. 402.026. CONTESTED CASE; FINAL ACTION ON APPLICATION.
8-35 (a) An administrative law judge of the State Office of
8-36 Administrative Hearings shall conduct a contested case hearing on
8-37 the application and draft license sent to the office under Section
8-38 402.025(b) on the issue of whether, according to the weighted
8-39 criteria established under Sections 402.020-402.024 and the
8-40 technical sufficiency of the application, the application and draft
8-41 license should be approved. At least part of the hearing must be
8-42 held in the county in which the proposed permanent management
8-43 facility will be located.
8-44 (b) The administrative law judge may not admit as a party to
8-45 the contested case hearing a person other than the applicant, the
8-46 executive director, or a person who demonstrates that:
8-47 (1) the person has a justiciable interest because the
8-48 person has suffered or will suffer actual injury or economic damage
8-49 if the proposed permanent management facility license is issued;
8-50 and
8-51 (2) if the person is not a local government, the
8-52 person is:
8-53 (A) a resident of the county, or a county
8-54 adjacent to the county, in which the permanent management facility
8-55 is proposed to be located; or
8-56 (B) doing business in, or has a legal interest
8-57 in land located in, a county described by Paragraph (A).
8-58 (c) The administrative law judge shall issue a proposal for
8-59 decision not later than the first anniversary of the date the case
8-60 was referred under Section 402.025(b).
8-61 (d) The commission shall take final action on the proposal
8-62 for decision of the administrative law judge on or before the 90th
8-63 day after the date of the proposal.
8-64 Sec. 402.027. MEDIATION. (a) The administrative law judge
8-65 may appoint one or more mediators to facilitate the settlement of
8-66 disputes among parties to the hearing under Section 402.026.
8-67 (b) The administrative law judge may provide for mediation
8-68 sessions to take place before or during the hearing.
8-69 Sec. 402.028. JUDICIAL REVIEW. (a) Notwithstanding any
9-1 other law, including Subchapter I, Chapter 5, Water Code, a person
9-2 affected by an action of or by inaction of the executive director
9-3 or the commission under this subchapter may file a petition for
9-4 judicial review of the action only after the commission takes final
9-5 action on a license application under Section 402.026(d). A
9-6 petition must be filed not later than the 30th day after the date
9-7 of the final action.
9-8 (b) In its review of an action under this subchapter, a
9-9 court may not substitute its judgment for the judgment of the
9-10 executive director or the commission on the weight of the evidence
9-11 the executive director or commission considered, but:
9-12 (1) may affirm the action in whole or in part; and
9-13 (2) shall reverse or remand the case for further
9-14 proceedings if substantial rights of the petitioner have been
9-15 prejudiced because the administrative findings, inferences,
9-16 conclusions, or decisions:
9-17 (A) are in violation of a constitutional or
9-18 statutory provision;
9-19 (B) are in excess of the agency's statutory
9-20 authority;
9-21 (C) are made through unlawful procedure;
9-22 (D) are affected by other error of law;
9-23 (E) are not reasonably supported by substantial
9-24 evidence considering the reliable and probative evidence in the
9-25 record as a whole; or
9-26 (F) are arbitrary or capricious or characterized
9-27 by abuse of discretion or clearly unwarranted exercise of
9-28 discretion.
9-29 Sec. 402.029. ISSUANCE OF LICENSE; CONVEYANCE OF FACILITY.
9-30 (a) The commission may issue the permanent management license to
9-31 an applicant only after the applicant has conveyed to the state in
9-32 fee at no cost to the state all right, title, and interest to the
9-33 land on which the proposed permanent management facility is to be
9-34 located together with all improvements on and requisite rights of
9-35 access to that property. If the permanent management license to be
9-36 issued would allow the disposal of federal facility waste at a
9-37 separate adjacent facility, the property required to be conveyed
9-38 under this section is limited to the property used for disposal of
9-39 waste described by Section 402.012(b). Title to the separate
9-40 adjacent facility for disposal of federal facility waste may be
9-41 transferred only as provided by federal law and by the contract
9-42 executed as required by Section 402.030(c).
9-43 (b) The transfer of property under this section does not
9-44 relieve the permanent management license holder of liability for an
9-45 act or omission before the transfer or while the property is in the
9-46 possession and control of the license holder.
9-47 (c) The title and all related rights and interest in
9-48 property conveyed under this section are the property of the
9-49 commission on the state's behalf. The commission may administer
9-50 the property in the name of the state.
9-51 Sec. 402.030. LICENSE CONDITIONS. (a) The permanent
9-52 management license must specify that the commission:
9-53 (1) has the right to monitor and inspect at any time
9-54 the permanent management facility, activities at the facility, and
9-55 all records related to activities at the facility; and
9-56 (2) may revoke or suspend the license if the permanent
9-57 management license holder fails to comply with:
9-58 (A) a condition of the license or of any other
9-59 authorization issued for the permanent management facility by the
9-60 commission, another state agency, or the federal government; or
9-61 (B) any state or federal law or rule related to
9-62 the operation of the permanent management facility.
9-63 (b) The holder of the permanent management license may not
9-64 take any action under the license until the holder has all federal
9-65 and state licenses or other authorizations necessary to take the
9-66 action.
9-67 (c) The permanent management license may not authorize the
9-68 license holder to accept federal facility waste at a separate
9-69 adjacent facility unless the license holder and the secretary of
10-1 energy have executed a binding contract, with terms accepted by the
10-2 executive director, under which the secretary of energy shall, as
10-3 provided by Section 151(b) of the federal Nuclear Waste Policy Act
10-4 of 1982 (42 U.S.C. Section 10171), as amended, assume title and
10-5 custody of the waste accepted and disposed of at the separate
10-6 adjacent facility and the land on which the waste is disposed of.
10-7 Sec. 402.031. TERM OF LICENSE. The permanent management
10-8 license expires on the 35th anniversary of the date of its
10-9 issuance.
10-10 Sec. 402.032. FINANCIAL SECURITY. (a) In this section
10-11 "security" has the meaning assigned by Section 401.109(c).
10-12 (b) The commission shall require the permanent management
10-13 license holder to provide financial security acceptable to the
10-14 commission to assure performance of the license holder's
10-15 obligations under this chapter and rules adopted under this
10-16 chapter.
10-17 (c) The amount and type of security required shall be
10-18 determined as provided by commission rules in accordance with
10-19 criteria specified by those rules, including:
10-20 (1) the need for and scope of decontamination,
10-21 decommissioning, reclamation, or disposal activity reasonably
10-22 required to protect the public health and safety and the
10-23 environment;
10-24 (2) reasonable estimates of the cost of
10-25 decontamination, decommissioning, reclamation, and disposal as
10-26 projected by the commission under Section 402.063;
10-27 (3) reasonable estimates of the costs of corrective
10-28 actions that may be ordered under Section 402.092; and
10-29 (4) the cost of perpetual maintenance and
10-30 surveillance, if any.
10-31 Sec. 402.033. REVIEW OF QUALIFICATIONS AND SECURITY. The
10-32 commission annually shall reevaluate the financial qualifications
10-33 of and security provided by the permanent management license holder
10-34 under this chapter. The reevaluation may coincide with license
10-35 renewal procedures in the year the license is scheduled to expire.
10-36 Sec. 402.034. LICENSE NOT TRANSFERABLE. The permanent
10-37 management license is not transferable.
10-38 Sec. 402.035. RENEWAL OF LICENSE. (a) The commission may
10-39 renew a permanent management license as provided by this section
10-40 for a period determined by the commission not to exceed 10 years.
10-41 (b) The commission by rule shall adopt reasonable procedures
10-42 for renewal of the permanent management license. The rules must
10-43 include:
10-44 (1) procedures for:
10-45 (A) notifying the license holder that the
10-46 license is scheduled for review for renewal; and
10-47 (B) reviewing and acting on an application for
10-48 renewal;
10-49 (2) general requirements for an application for
10-50 renewal; and
10-51 (3) a date by which the license holder must apply for
10-52 renewal, which must be not less than six and not more than 18
10-53 months before the date the license expires.
10-54 (c) The commission shall give public notice of and hold at
10-55 least one public meeting on the renewal application in the county
10-56 in which the permanent management facility is located. A meeting
10-57 under this subsection is not a contested case hearing under Chapter
10-58 2001, Government Code.
10-59 (d) The license holder shall post notice of the meeting
10-60 during the three weeks preceding the meeting at:
10-61 (1) the offices of the governing body of the county in
10-62 which the permanent management facility is located;
10-63 (2) the offices of the governing body of the
10-64 municipality located closest to the permanent management facility;
10-65 and
10-66 (3) at least one other prominent public place.
10-67 (e) At least once each week during the three weeks preceding
10-68 a public meeting held under this section, the license holder shall
10-69 publish notice of the meeting in the newspaper with the greatest
11-1 circulation that is published in the county in which the permanent
11-2 management facility is located. If no newspaper is published in
11-3 the county, the license holder shall publish the notices in a
11-4 newspaper of general circulation in the county.
11-5 Sec. 402.036. LICENSE AMENDMENTS. (a) The commission on
11-6 its own motion or on application by the permanent management
11-7 license holder may amend the permanent management license after a
11-8 public meeting. The commission shall give notice of the meeting by
11-9 publication in the Texas Register and in a newspaper of general
11-10 circulation in the county in which the permanent management
11-11 facility is located on or before the 30th day before the date of
11-12 the meeting.
11-13 (b) If the proposed amendment constitutes a major amendment
11-14 under commission rules, the commission shall provide for the
11-15 opportunity for a contested case proceeding.
11-16 (c) The commission by rule shall adopt standards and
11-17 procedures for amending the permanent management license.
11-18 (d) The commission shall ensure that any amendment of the
11-19 permanent management license does not contravene federal
11-20 requirements or state law.
11-21 (e) An amendment may take effect immediately upon final
11-22 commission action.
11-23 Sec. 402.037. LICENSES AND RULES TO COMPLY WITH FEDERAL
11-24 STANDARDS. The commission may adopt rules and amend a permanent
11-25 management license as necessary for compliance with federal
11-26 standards for facilities and sites for the disposal of low-level
11-27 radioactive waste, including federal facility waste, and for
11-28 assured isolation of low-level radioactive waste intended for
11-29 conversion to on-site disposal.
11-30 Sec. 402.038. APPROVAL BY REFERENDUM OR ELECTION. (a) Not
11-31 later than the 30th day after the date a commissioners court
11-32 receives notice from the commission under Section 402.016(c) that a
11-33 prospective applicant for a permanent management license has filed
11-34 a notice of intent under that section, the commissioners court
11-35 shall:
11-36 (1) adopt a resolution approving or denying approval
11-37 of the construction and operation of the permanent management
11-38 facility in the county; or
11-39 (2) order an election on the question of whether the
11-40 voters of the county approve of the construction and operation of
11-41 the permanent management facility in the county.
11-42 (b) The commissioners court shall call an election on the
11-43 question of whether the voters of the county approve of the
11-44 construction and operation of the permanent management facility in
11-45 the county if:
11-46 (1) the commissioners court adopts a resolution under
11-47 Subsection (a)(1); and
11-48 (2) before the 61st day after the date the
11-49 commissioners court receives the notice from the commission under
11-50 Section 402.016(c), the commissioners court receives a petition
11-51 requesting an election under this section be ordered signed by a
11-52 number of voters of the county who were registered on the date the
11-53 county received the notice that is equal to or greater than 20
11-54 percent of the number of registered voters in the county.
11-55 (c) The election must be held as provided by the Election
11-56 Code, except that Section 41.001(a), Election Code, does not apply
11-57 to the election. The election must be held not later than the 45th
11-58 day after the date on which the order to hold the election is
11-59 issued.
11-60 (d) The ballot for the election shall be printed to allow
11-61 voting for or against a proposition with the following
11-62 language: "Are you in favor of (name of county) being the host
11-63 county for a permanent management facility for low-level
11-64 radioactive waste? Yes ( ) / No ( )."
11-65 (e) The commissioners court shall certify whether a proposed
11-66 permanent management facility described by a ballot proposition is
11-67 approved by a majority of votes cast in the election not later than
11-68 the 10th day after the date of the election. [TEXAS LOW-LEVEL
11-69 RADIOACTIVE WASTE DISPOSAL AUTHORITY. (a) The Texas Low-Level
12-1 Radioactive Waste Disposal Authority is a state agency created
12-2 under Article XVI, Section 59(a), of the Texas Constitution.]
12-3 [(b) The authority has statewide jurisdiction.]
12-4 [Sec. 402.013. BOARD OF DIRECTORS. (a) A board of
12-5 directors composed of six members shall manage and control the
12-6 authority and administer and implement this chapter.]
12-7 [(b) The governor shall appoint the following members of the
12-8 board with the advice and consent of the senate:]
12-9 [(1) one doctor of medicine or doctor of osteopathic
12-10 medicine licensed to practice medicine in this state;]
12-11 [(2) one certified health physicist;]
12-12 [(3) one attorney licensed to practice law in this
12-13 state;]
12-14 [(4) one geologist; and]
12-15 [(5) two persons who represent the public.]
12-16 [(c) After a disposal site is selected under Section
12-17 402.090, the governor shall appoint to the board, at the earliest
12-18 opportunity, at least one representative of the public as a
12-19 representative of local interests. A representative of the public
12-20 appointed to represent local interests must be a resident of the
12-21 host county. The representative may not be an elected county
12-22 official or a county employee.]
12-23 [Sec. 402.014. SPECIAL LIMITATIONS ON PUBLIC MEMBERS. A
12-24 member of the board who represents the public or a person related
12-25 within the second degree by affinity or within the third degree by
12-26 consanguinity, as determined under Chapter 573, Government Code, to
12-27 that member may not be an employee of or otherwise have a financial
12-28 interest in any person who has a contract with or who uses the
12-29 services of a site in the United States for storing, processing, or
12-30 disposing of low-level radioactive waste.]
12-31 [Sec. 402.015. TERM OF OFFICE. Board members serve for
12-32 staggered six-year terms, with the terms of two members expiring
12-33 February 1 of each odd-numbered year.]
12-34 [Sec. 402.016. VACANCY. A vacancy on the board shall be
12-35 filled for the unexpired term in the manner provided by Section
12-36 402.013(b) for selection of board members.]
12-37 [Sec. 402.017. ORGANIZATION OF BOARD. Every two years after
12-38 board members are regularly appointed and have qualified for office
12-39 by taking the oath, the board shall meet at the authority's central
12-40 office, organize by selecting officers, and begin to discharge its
12-41 duties.]
12-42 [Sec. 402.018. OFFICERS. (a) At the first meeting after
12-43 new members are regularly appointed to the board, the members of
12-44 the board shall select from their members a chairman,
12-45 vice-chairman, and secretary who serve for two-year terms.]
12-46 [(b) The chairman shall preside at meetings of the board,
12-47 and in the chairman's absence, the vice-chairman shall preside.]
12-48 [(c) The chairman, vice-chairman, and secretary shall
12-49 perform the duties and may exercise the powers specifically given
12-50 to them by this chapter or by orders of the board.]
12-51 [Sec. 402.019. COMPENSATION. A board member is entitled to
12-52 compensation as provided by the authority's budget.]
12-53 [Sec. 402.020. AUTHORITY OFFICES. The board shall maintain:]
12-54 [(1) a central office in the city of Austin for
12-55 conducting the authority's business; and]
12-56 [(2) an authority office at each disposal site under
12-57 construction or operated under this chapter.]
12-58 [Sec. 402.021. BOARD MEETINGS. (a) The board shall hold
12-59 regular quarterly meetings on dates established by board rule and
12-60 shall hold special meetings at the call of the chairman or on the
12-61 written request of one board member to the chairman.]
12-62 [(b) In accordance with Chapter 551, Government Code, the
12-63 board shall hold an annual meeting in the host county with
12-64 officials and representatives of political subdivisions of the host
12-65 county to discuss concerns relating to that disposal site.]
12-66 [Sec. 402.022. OFFICIAL ACTS. To be valid, an official act
12-67 must receive the affirmative vote of a majority of the board
12-68 members.]
12-69 [Sec. 402.023. MINUTES AND RECORDS. (a) The board shall
13-1 keep a complete written account of its meetings and other
13-2 proceedings and shall preserve its minutes, contracts, plans,
13-3 notices, accounts, receipts, and records of all kinds in a secure
13-4 manner.]
13-5 [(b) Minutes, contracts, plans, notices, accounts, receipts,
13-6 and other records are the property of the authority and are subject
13-7 to public inspection.]
13-8 [Sec. 402.024. GENERAL MANAGER. (a) The board shall employ
13-9 a general manager to be the chief administrative officer of the
13-10 authority. The board may delegate to the general manager the
13-11 authority to manage and operate the affairs of the authority
13-12 subject only to orders of the board.]
13-13 [(b) The general manager shall execute a bond in an amount
13-14 determined by the board, payable to the authority, and conditioned
13-15 on the faithful performance of the general manager's duties. The
13-16 authority shall pay for the bond.]
13-17 [(c) The general manager is entitled to compensation as
13-18 provided by the authority's budget.]
13-19 [Sec. 402.025. AUTHORITY EMPLOYEES. (a) The general
13-20 manager may employ persons necessary for the proper handling of the
13-21 business and operation of the authority.]
13-22 [(b) The board shall determine the terms of employment.]
13-23 [Sec. 402.026. SEAL. The board shall adopt a seal for the
13-24 authority.]
13-25 [Sec. 402.027. CONTRACTS. The chairman shall execute and
13-26 the secretary shall attest to any contracts under this chapter in
13-27 the name of the authority.]
13-28 [Sec. 402.028. CONTRACTS OVER $15,000. (a) If the
13-29 estimated amount of a proposed contract for the purchase of
13-30 materials, machinery, equipment, or supplies is more than $15,000,
13-31 the board shall ask for competitive bids as provided by Subchapter
13-32 B, Chapter 271, Local Government Code.]
13-33 [(b) This section does not apply to purchases of property
13-34 from public agencies or to contracts for personal or professional
13-35 services.]
13-36 [Sec. 402.029. SUITS. (a) The authority, through the
13-37 board, may sue and be sued in the name of the authority in any
13-38 court of this state, except as to matters pertaining to the site
13-39 selection and licensing of a disposal facility within the
13-40 geographical area of Hudspeth County, Texas, described in Section
13-41 402.0921, which suits may only be brought in the courts of Travis
13-42 County, Texas.]
13-43 [(b) In a suit against the authority, citation may be served
13-44 on the general manager.]
13-45 [(c) Any judgment, injunction, declaration, or writ issued
13-46 against the authority by a Texas court other than the supreme court
13-47 of Texas that is related to the site selection or licensing of a
13-48 disposal facility within the geographical area of Hudspeth County,
13-49 Texas, described in Section 402.0921 shall be automatically
13-50 suspended upon the filing by the authority of a notice of appeal or
13-51 other submission to a higher court challenging the judgment,
13-52 injunction, declaration, or writ. No Texas court other than the
13-53 Texas supreme court shall have any power to decline or otherwise
13-54 affect the automatic suspension pending appeal in such case related
13-55 to Hudspeth County, Texas.]
13-56 [Sec. 402.030. PAYMENT OF JUDGMENT. A court of this state
13-57 that renders a money judgment against the authority may require the
13-58 board to pay the judgment from fees collected under this chapter.]
13-59 [Sec. 402.031. CITIZENS ADVISORY COMMITTEE. (a) The board
13-60 shall create a citizens advisory committee to perform oversight
13-61 functions over a disposal site.]
13-62 [(b) The committee shall begin to perform its functions not
13-63 earlier than the 30th day after the date on which construction of
13-64 the disposal site begins.]
13-65 [(c) Members of the committee shall be appointed for
13-66 three-year terms by the board after consultation with officials of
13-67 political subdivisions in the host county.]
13-68 [(d) The committee shall:]
13-69 [(1) conduct independent monitoring of disposal site
14-1 activities as authorized by guidelines adopted by the board;]
14-2 [(2) make recommendations to the board concerning
14-3 operations at the disposal site; and]
14-4 [(3) execute any other review and monitoring functions
14-5 as recommended by the committee and approved by the board.]
14-6 [(e) Reasonable notice as required by the board must be
14-7 given to the manager of a disposal site before a committee member
14-8 enters a disposal site to exercise any function authorized by this
14-9 section. The board shall provide for quarterly unannounced
14-10 inspections of disposal site activities.]
14-11 [Sec. 402.032. AUTHORITY PURCHASE. A purchase by the
14-12 authority of supplies, materials, services, or equipment necessary
14-13 to prepare, construct, or operate a disposal site is exempt from
14-14 the purchasing requirements of Subtitle D, Title 10, Government
14-15 Code.]
14-16 SECTION 6. The heading to Subchapter C, Chapter 402, Health
14-17 and Safety Code, is amended to read as follows:
14-18 SUBCHAPTER C. ADMINISTRATIVE CONTROL [POWERS AND DUTIES]
14-19 SECTION 7. Sections 402.051, 402.053, 402.054, 402.057,
14-20 402.058, and 402.059, Health and Safety Code, are amended to read
14-21 as follows:
14-22 Sec. 402.051. JURISDICTION OVER PERMANENT MANAGEMENT
14-23 FACILITY [DISPOSAL SITE]. (a) The commission [authority] has
14-24 exclusive statewide jurisdiction over permanent management facility
14-25 site selection, preparation, construction, operation, maintenance,
14-26 decommissioning, closing, post-closure institutional control, and
14-27 financing [of disposal sites].
14-28 (b) The commission may take any action regarding low-level
14-29 radioactive waste that is necessary to protect the public health
14-30 and safety and the environment, including monitoring or maintenance
14-31 of permanent management activities and measures to prevent or
14-32 alleviate an emergency involving low-level radioactive waste.
14-33 Sec. 402.053. GENERAL POWERS. To carry out this chapter,
14-34 the commission [authority] may:
14-35 (1) apply for, receive, accept, and administer gifts,
14-36 grants, and other funds available from any source;
14-37 (2) contract with the federal government, the state,
14-38 interstate agencies, local governmental entities, and private
14-39 entities to carry out this chapter and rules, standards, and orders
14-40 adopted under this chapter;
14-41 (3) conduct, request, and participate in studies,
14-42 investigations, and research relating to selection, preparation,
14-43 construction, operation, maintenance, decommissioning, closing, and
14-44 financing of a permanent management facility and permanent
14-45 management [disposal sites and disposal of low-level radioactive
14-46 waste]; and
14-47 (4) advise, consult, and cooperate with the federal
14-48 government, the state, interstate agencies, local governmental
14-49 entities in this state, and private entities.
14-50 Sec. 402.054. RULES, STANDARDS, AND ORDERS. The commission
14-51 [board] may adopt rules, standards, and orders necessary to
14-52 properly carry out this chapter and to protect the public health
14-53 and safety and the environment from the [authority's] activities
14-54 required for permanent management.
14-55 Sec. 402.057. REPORTS TO LEGISLATURE. Not later than the
14-56 60th day before the date each regular legislative session convenes,
14-57 the commission [authority] shall submit to the appropriate
14-58 legislative committees a biennial report that serves as a basis for
14-59 periodic oversight hearings on the commission's [authority's]
14-60 operations under this chapter and on the status of interstate
14-61 compacts and agreements. The report shall also discuss the status
14-62 of funds held, expended, or disbursed by the host county under
14-63 Section 402.252.
14-64 Sec. 402.058. HEALTH SURVEILLANCE SURVEY. The department
14-65 [board], in cooperation with the commission[, the Texas Department
14-66 of Health,] and local public health officials, shall develop a
14-67 health surveillance survey for the population located in the
14-68 vicinity of a permanent management facility [disposal site].
14-69 Sec. 402.059. POWER TO ENTER PROPERTY. (a) The commission
15-1 and [authority,] its employees, contractors, and agents may enter
15-2 public or private property to assess the suitability of land for a
15-3 permanent management facility to be licensed under this chapter
15-4 [disposal site in Hudspeth County, Texas].
15-5 (b) Prior to entering the property, the commission
15-6 [authority] shall:
15-7 (1) give written notice to the landowner of the
15-8 purpose, extent, types of assessment activities to be conducted,
15-9 and probable duration of the entry; and
15-10 (2) [, and shall] cooperate with the landowner to
15-11 minimize, insofar as possible, any inconvenience to the landowner.
15-12 (c) The commission is [authority shall be] liable to the
15-13 landowner for reasonable damages to the land that may result from
15-14 the commission's activities under this section [authority's
15-15 activities.]
15-16 [(d) This section applies to property located in whole or in
15-17 part in the geographical area of Hudspeth County, Texas, specified
15-18 in Section 402.0921 of this chapter].
15-19 SECTION 8. Subchapter C, Chapter 402, Health and Safety
15-20 Code, is amended by adding Sections 402.060 through 402.063 to read
15-21 as follows:
15-22 Sec. 402.060. METHODS AND PROCEDURES FOR PERMANENT
15-23 MANAGEMENT OF LOW-LEVEL RADIOACTIVE WASTE AND DISPOSAL OF FEDERAL
15-24 FACILITY WASTE. (a) The commission by rule shall prescribe
15-25 acceptable permanent management methods and procedures. The rules
15-26 shall be designed to protect the public health and the environment
15-27 from hazards presented by the radioactive and nonradioactive
15-28 characteristics of low-level radioactive waste during and after its
15-29 disposal or assured isolation and in case of failure to contain the
15-30 low-level radioactive waste during or after its disposal or assured
15-31 isolation.
15-32 (b) The commission by rule shall prohibit disposal of
15-33 low-level radioactive waste as the low-level radioactive waste is
15-34 received at the permanent management facility by burial in an
15-35 unlined land disposal unit with no technical enhancements designed
15-36 to contain low-level radioactive waste.
15-37 (c) The commission by rule shall prohibit disposal in a
15-38 landfill below the natural level of the permanent management
15-39 facility site unless:
15-40 (1) regulatory programs of this state or the federal
15-41 government for low-level radioactive waste preclude or recommend
15-42 against aboveground disposal or the commission by rule has
15-43 determined that belowground disposal provides greater protection
15-44 than aboveground disposal for public health and the environment for
15-45 the period for which the low-level radioactive waste will continue
15-46 to pose a hazard to public health and the environment;
15-47 (2) the disposal facility is designed and operated in
15-48 a manner consistent with criteria of the United States Nuclear
15-49 Regulatory Commission for the disposal of low-level radioactive
15-50 waste; and
15-51 (3) the low-level radioactive waste is contained in
15-52 such a manner that it can be monitored and retrieved.
15-53 Sec. 402.0605. FEDERAL FACILITY WASTE DISPOSAL. (a) The
15-54 commission by rule shall provide that a permanent management
15-55 facility, the permit for which allows the disposal of federal
15-56 facility waste, may accept federal facility waste for disposal only
15-57 at a separate and distinct facility adjacent to the facility at
15-58 which permanent management of waste described by Section 402.012(b)
15-59 is conducted. The adjacent facilities must be separated by a
15-60 distance of not less than 440 yards and not more than a distance
15-61 determined by the commission.
15-62 (b) The commission by rule and by permit conditions shall
15-63 restrict the amount and type of federal facility waste the
15-64 permanent management license holder may accept at the separate
15-65 adjacent facility and the rate at which the federal facility waste
15-66 may be accepted at the permanent management facility. The
15-67 restrictions must be based on the risk posed by the federal
15-68 facility waste to human health and the environment and on the
15-69 financial security and operational capacity of the facility. The
16-1 commission shall design the restrictions to ensure that the risk
16-2 posed to human health and the environment by the federal facility
16-3 waste to be accepted at the permanent management facility does not
16-4 exceed the risk posed by the waste described by Section 402.012(b)
16-5 to be accepted at the permanent management facility.
16-6 (c) The commission may provide separate rules for the
16-7 management and disposal of federal facility waste at the separate
16-8 adjacent facility under the license and for permanent management at
16-9 the permanent management facility of waste described by Section
16-10 402.012(b) as necessary or useful to ensure that the acceptance,
16-11 management, and disposal of federal facility waste at the permanent
16-12 management facility does not pose a greater risk to human health
16-13 and the environment than the acceptance and permanent management of
16-14 the waste described by Section 402.012(b) at the permanent
16-15 management facility.
16-16 (d) The rules must provide that the permanent management
16-17 facility may not commingle waste described by Section 402.012(b)
16-18 with federal facility waste.
16-19 Sec. 402.061. DETERMINATION OF NECESSARY PERMANENT
16-20 MANAGEMENT CAPACITY. (a) In conjunction with the compact
16-21 commission, the commission by rule shall determine the capacity for
16-22 permanent management necessary to meet:
16-23 (1) the terms of the compact; and
16-24 (2) the needs presented by low-level radioactive waste
16-25 generated in this state.
16-26 (b) In making the determination, the commission shall
16-27 consider the volume of low-level radioactive waste generated by
16-28 type and source categories for the expected life of the licensed
16-29 permanent management facility, including low-level radioactive
16-30 waste generated from decommissioning nuclear power plants.
16-31 Sec. 402.062. CRITERIA FOR QUALIFIED PERMANENT MANAGEMENT
16-32 FACILITY. (a) The commission by rule shall establish standards
16-33 and criteria that the site and on-site improvements of the
16-34 permanent management facility must meet to qualify for disposal or
16-35 assured isolation and the processing, packaging, and storage to be
16-36 authorized by the permanent management license. The criteria and
16-37 standards must be at least as stringent as the federal requirements
16-38 for disposal. The commission by rule may impose specific design
16-39 criteria or performance-based design criteria for the facility's
16-40 improvements.
16-41 (b) The standards and criteria must address factors
16-42 affecting the permanent management facility's adequacy to safely
16-43 contain disposed, isolated, or managed low-level radioactive waste,
16-44 including the:
16-45 (1) geology;
16-46 (2) topography;
16-47 (3) surface and underground hydrology;
16-48 (4) proximity to population centers and population
16-49 density;
16-50 (5) flora and fauna present at and in the vicinity of
16-51 the site; and
16-52 (6) uses of land in the vicinity of the site.
16-53 (c) The commission shall set standards for, and shall
16-54 require the permanent management facility to provide, safeguards
16-55 against hazards from local conditions, including risks from:
16-56 (1) active tectonic processes, including earthquakes
16-57 and other seismic activity;
16-58 (2) movements and uses of groundwater, surface water,
16-59 and storm water runoff;
16-60 (3) flooding and rainfall patterns;
16-61 (4) violent storms, including hurricanes, tornados,
16-62 and lightning; and
16-63 (5) prevalent or seasonal winds or temperatures.
16-64 Sec. 402.063. PAYMENT FOR MAINTENANCE, SURVEILLANCE, OR
16-65 OTHER CARE. (a) The commission may require the holder of the
16-66 permanent management license to pay to the commission annually an
16-67 amount as determined by the commission if continuing or perpetual
16-68 maintenance, surveillance, or other care is required for the
16-69 permanent management facility after activities under the license
17-1 have terminated. The commission shall have payments received under
17-2 this section deposited to the credit of the permanent management
17-3 facility decommissioning account.
17-4 (b) The commission annually shall review the permanent
17-5 management license holder's payments under this section to
17-6 determine if the payment schedule is adequate for the maintenance
17-7 and surveillance that the permanent management facility requires or
17-8 may require in the future.
17-9 (c) The commission may review estimates of costs that are
17-10 required to be incurred under this chapter in accordance with the
17-11 need, nature, and cost of decontamination, stabilization,
17-12 decommissioning, reclamation, and disposal activity and the
17-13 maintenance and surveillance required for public health and safety
17-14 and the environment.
17-15 (d) The commission shall set the charges for maintenance and
17-16 perpetual care at amounts consistent with existing technology.
17-17 (e) The commission may not impose charges that exceed the
17-18 amount that the commission projects to be required for maintenance,
17-19 surveillance, and other necessary care required after the licensed
17-20 activity is terminated.
17-21 (f) An increase in costs may not be applied retroactively
17-22 but may apply to increases in subsequent annual payments.
17-23 SECTION 9. Subchapter D, Chapter 402, Health and Safety
17-24 Code, is amended to read as follows:
17-25 SUBCHAPTER D. OPERATION OF PERMANENT MANAGEMENT
17-26 FACILITY [DISPOSAL SITE SELECTION AND ACQUISITION]
17-27 Sec. 402.081. CONVEYANCE OF WASTE. (a) The permanent
17-28 management license holder shall convey to the state at no cost to
17-29 the state title to the low-level radioactive waste delivered to the
17-30 permanent management facility for disposal or assured isolation at
17-31 the time the waste is accepted at the facility for permanent
17-32 management. This section does not apply to federal facility waste
17-33 accepted at the permanent management facility under rules and
17-34 permit provisions allowing for federal facility waste to be
17-35 disposed of at the permanent management facility.
17-36 (b) The transfer of low-level radioactive waste under this
17-37 section does not relieve the permanent management license holder of
17-38 liability for an act or omission before the transfer or while the
17-39 waste is in the possession and control of the license holder.
17-40 (c) The title and all related rights and interest in waste
17-41 conveyed under this section are the property of the commission on
17-42 the state's behalf. The commission may administer the waste as
17-43 property in the name of the state.
17-44 Sec. 402.082. EXCLUSIVE USE OF SITE. The site on which the
17-45 permanent management facility is located may be used only for
17-46 permanent management under this chapter until the commission
17-47 determines that another use would not endanger the health, safety,
17-48 or welfare of the public or the environment.
17-49 Sec. 402.083. CONSTRUCTION AT PERMANENT MANAGEMENT FACILITY.
17-50 (a) The permanent management license holder is responsible for
17-51 constructing facilities and improvements at the permanent
17-52 management facility and may engage a contractor for the
17-53 construction in accordance with commission rules.
17-54 (b) The commission shall review plans for any construction
17-55 of a facility or improvement to be undertaken at the permanent
17-56 management facility to ensure that the site and on-site
17-57 improvements will meet the criteria adopted under Section 402.062.
17-58 The commission may order the permanent management license holder to
17-59 revise its construction plans in accordance with those criteria.
17-60 (c) The commission shall monitor any construction at the
17-61 permanent management facility and by order may halt construction if
17-62 the construction fails to comply with federal or state standards or
17-63 rules or with the construction plans. The commission may have the
17-64 construction work inspected by an engineer, an inspector, or other
17-65 specialized personnel.
17-66 (d) The commission by rule shall prohibit major construction
17-67 relating to activities under the permanent management license until
17-68 the proceedings required under Section 402.026, 402.035, or
17-69 402.036, as applicable, are completed and the license or amendment
18-1 is issued.
18-2 Sec. 402.084. COMMISSION AUTHORITY OVER FACILITY OPERATION.
18-3 (a) The commission shall ensure that the operation of the
18-4 permanent management facility complies with state and federal law
18-5 and the rules and standards of the commission and federal and other
18-6 state agencies that have jurisdiction over the management of
18-7 low-level radioactive waste.
18-8 (b) The commission by rule or by conditions stated in the
18-9 permanent management license may regulate any aspect of the
18-10 operation of the permanent management facility in order to protect
18-11 the public health or safety or the environment.
18-12 (c) The commission may take or may order the permanent
18-13 management license holder to take any action necessary to:
18-14 (1) protect the public health or safety or the
18-15 environment; or
18-16 (2) ensure the operation of the permanent management
18-17 facility complies with state and federal laws, rules, or standards.
18-18 (d) The commission, in an emergency related to the operation
18-19 of the permanent management facility, may impound or order
18-20 impounded low-level radioactive waste or other material delivered
18-21 or intended for delivery to the facility.
18-22 Sec. 402.085. RESIDENT INSPECTOR. (a) The commission shall
18-23 employ one or more resident inspectors to continuously monitor
18-24 conditions of and operations at the permanent management facility.
18-25 (b) The permanent management license holder shall:
18-26 (1) provide facilities at the permanent management
18-27 facility for each resident inspector; and
18-28 (2) cooperate fully with the activities of each
18-29 resident inspector.
18-30 (c) A resident inspector may report any matter to the
18-31 commission for investigation or enforcement.
18-32 Sec. 402.086. OUT-OF-STATE WASTE AND MIXED WASTE. (a) In
18-33 this section, "mixed waste" means waste that contains both
18-34 hazardous waste, as defined by Section 361.003, and low-level
18-35 radioactive waste, source material, special nuclear material, or
18-36 by-product material subject to the federal Atomic Energy Act of
18-37 1954 (42 U.S.C. Section 2011 et seq.), as amended.
18-38 (b) Except as provided by Subsection (c) or (d), the
18-39 permanent management license holder may not accept for permanent
18-40 management:
18-41 (1) low-level radioactive waste generated in another
18-42 state; or
18-43 (2) mixed waste.
18-44 (c) The permanent management license holder may accept
18-45 low-level radioactive waste generated in another state if the
18-46 low-level radioactive waste is accepted under the compact.
18-47 (d) If the permanent management license allows the disposal
18-48 of federal facility waste, the permanent management license holder
18-49 may accept for disposal at the separate adjacent facility for
18-50 federal facility waste:
18-51 (1) federal facility waste that is generated in
18-52 another state; or
18-53 (2) mixed waste generated by an agency of the federal
18-54 government consisting of hazardous waste and low-level radioactive
18-55 waste.
18-56 (e) The permanent management license holder, in handling and
18-57 disposing of mixed waste described by Subsection (d)(2), shall
18-58 comply with the federal Solid Waste Disposal Act (42 U.S.C. Section
18-59 6901 et seq.), as amended, Chapter 361, and this chapter.
18-60 Sec. 402.087. EMERGENCY RESPONSE PLANNING. (a) The
18-61 permanent management license holder shall develop and implement an
18-62 emergency response plan in accordance with rules of the commission
18-63 and the department to protect the public health and safety and the
18-64 environment from potential threats the permanent management
18-65 facility may present.
18-66 (b) The permanent management license holder shall cooperate
18-67 with and seek the cooperation of federal agencies responsible for
18-68 regulating low-level radioactive waste disposal or management sites
18-69 and of federal, state, and local agencies engaged in disaster
19-1 relief activities.
19-2 (c) The permanent management license holder shall ensure
19-3 that facilities and equipment necessary to respond to an emergency
19-4 at the permanent management facility are available and in operation
19-5 before the operations at the facility begin.
19-6 (d) The commission may require the permanent management
19-7 license holder to construct facilities and procure equipment
19-8 required to provide fire, police, and emergency medical services
19-9 needed to support the permanent management facility. The
19-10 commission rules must provide standards for determining whether,
19-11 depending on needed facilities, the proximity of the community
19-12 nearest the facility, and other appropriate factors, the fire,
19-13 police, and emergency medical facilities and equipment must be
19-14 located at or proximate to the facility or in the nearest
19-15 community.
19-16 Sec. 402.088. GROUNDWATER PROTECTION. (a) The commission
19-17 by rule shall adopt and enforce groundwater protection standards
19-18 applicable to the permanent management facility that are compatible
19-19 with federal standards adopted under the Atomic Energy Act of 1954
19-20 (42 U.S.C. Section 2011 et seq.).
19-21 (b) In adopting rules related to standards regarding
19-22 nonradioactive constituents, the commission shall consider the
19-23 compatibility of those standards with the commission's groundwater
19-24 protection standards adopted under other programs.
19-25 Sec. 402.089. OPERATIONS AFTER LICENSE EXPIRATION,
19-26 SUSPENSION, OR REVOCATION. (a) The commission may take any action
19-27 necessary to ensure the safety of the facility in the absence of a
19-28 permanent management license holder if:
19-29 (1) the permanent management license expires and, on
19-30 the expiration date, a renewed permanent management license has not
19-31 been issued to operate the permanent management facility; or
19-32 (2) the permanent management license is revoked or
19-33 suspended.
19-34 (b) A person whose permanent management license has expired
19-35 or has been revoked or suspended shall comply with orders of the
19-36 commission regarding activities at the permanent management
19-37 facility that are necessary to the continued safe operation or
19-38 closure of the facility or for corrective action.
19-39 (c) The commission by order may authorize a person whose
19-40 permanent management license has expired to continue to operate the
19-41 permanent management facility in accordance with commission orders
19-42 until the commission issues another permanent management license to
19-43 operate the facility.
19-44 Sec. 402.090. DECOMMISSIONING AND CLOSING PERMANENT
19-45 MANAGEMENT FACILITY. If the commission finds after notice and
19-46 hearing that the permanent management facility should be closed,
19-47 the permanent management license holder shall decommission the
19-48 facility in compliance with federal and state law, rules, and
19-49 standards and with rules and plans of the commission.
19-50 Sec. 402.091. EMERGENCY ORDERS. (a) If the commission
19-51 finds an emergency exists related to low-level radioactive waste
19-52 that requires immediate action to protect the public health and
19-53 safety and the environment, the commission may issue an order
19-54 stating the existence of the emergency and requiring that action be
19-55 taken at the commission's direction to meet the emergency. The
19-56 order may be issued without notice or hearing.
19-57 (b) The order may take effect immediately.
19-58 (c) A person to whom the order is directed shall comply
19-59 immediately with the order.
19-60 (d) The commission shall provide a person to whom the order
19-61 is directed an opportunity for a hearing on written application to
19-62 the commission not later than the 30th day following the date the
19-63 order is issued.
19-64 (e) The commission shall hold a requested hearing not
19-65 earlier than the 11th day and not later than the 20th day after the
19-66 date of receipt of the hearing application.
19-67 (f) The commission shall continue, modify, or revoke the
19-68 order based on the hearing.
19-69 Sec. 402.092. CORRECTIVE ACTION AND MEASURES. (a) If the
20-1 commission finds that low-level radioactive waste threatens the
20-2 public health and safety and the environment and that the permanent
20-3 management license holder managing the low-level radioactive waste
20-4 is unable to remove the threat, the commission by order may require
20-5 any action, including a corrective measure, that is necessary to
20-6 remove the threat. The order may be issued without notice or a
20-7 hearing.
20-8 (b) The commission shall use the security provided by the
20-9 permanent management license holder under Section 402.032 to pay
20-10 the costs of actions that are taken or that are to be taken under
20-11 an order issued under this section. [DISPOSAL SITE SELECTION
20-12 STUDIES. The authority shall make studies or contract for studies
20-13 to be made of the future requirements for disposal of low-level
20-14 radioactive waste in this state and to determine the areas of the
20-15 state that are relatively more suitable than others for low-level
20-16 radioactive waste disposal activities.]
20-17 [Sec. 402.082. STUDY CRITERIA. Studies required under
20-18 Section 402.081 must consider:]
20-19 [(1) the volume of low-level radioactive waste
20-20 generated by type and source categories for the expected life of
20-21 the disposal site, including waste that may be generated from the
20-22 decommissioning of nuclear power plants located in this state;]
20-23 [(2) geology;]
20-24 [(3) topography;]
20-25 [(4) transportation and access;]
20-26 [(5) meteorology;]
20-27 [(6) population density;]
20-28 [(7) surface and subsurface hydrology;]
20-29 [(8) flora and fauna;]
20-30 [(9) current land use;]
20-31 [(10) criteria established by the commission for
20-32 disposal site selection;]
20-33 [(11) the proximity of the disposal site to sources of
20-34 low-level radioactive waste, including related transportation
20-35 costs, to the extent that the proximity and transportation costs do
20-36 not interfere with selection of a suitable disposal site for
20-37 protecting public health and the environment;]
20-38 [(12) other disposal site characteristics that may
20-39 need study on a preliminary basis and for which detailed study
20-40 would be required to prepare an application or license required for
20-41 disposal site operation; and]
20-42 [(13) alternative management techniques, including
20-43 aboveground isolation facilities, waste processing and reduction at
20-44 the site of waste generation and at an authority management site,
20-45 and waste recycling.]
20-46 [Sec. 402.083. CHOOSING SITES FOR FURTHER ANALYSIS. On
20-47 completion of the studies required by Section 402.081, the board
20-48 shall choose at least two potential disposal sites for further
20-49 analysis.]
20-50 [Sec. 402.084. EVALUATION OF POTENTIAL SITES. (a) For each
20-51 potential disposal site under Section 402.083, the authority shall
20-52 evaluate or contract for the evaluation of:]
20-53 [(1) preoperating costs;]
20-54 [(2) operating costs;]
20-55 [(3) maintenance costs;]
20-56 [(4) costs of decommissioning and extended care; and]
20-57 [(5) socioeconomic, environmental, and public health
20-58 impacts associated with the site.]
20-59 [(b) The socioeconomic impacts to be evaluated include fire,
20-60 police, education, utility, public works, public access, planning,
20-61 and other governmental services and assumed and perceived risks of
20-62 the disposal sites and disposal activities.]
20-63 [(c) Public officials and members of local boards or
20-64 governing bodies of local political subdivisions of the state in
20-65 which a potential disposal site is located shall be invited to
20-66 participate in appropriate evaluation activities.]
20-67 [Sec. 402.085. SITE PROPOSAL. On receiving the results of
20-68 the studies and evaluations required by Sections 402.081, 402.084,
20-69 and 402.087, the board shall propose a site that appears to be the
21-1 most suitable for a disposal site and shall hold a public hearing
21-2 to consider whether that site should be selected as the disposal
21-3 site.]
21-4 [Sec. 402.086. REPORT AND INFORMATIONAL SEMINARS.
21-5 (a) Before the board gives notice of the hearing on the proposed
21-6 disposal site, the authority shall prepare a report that includes:]
21-7 [(1) detailed information regarding all aspects of the
21-8 disposal site selection process;]
21-9 [(2) criteria for disposal site selection as
21-10 established by the appropriate licensing authority; and]
21-11 [(3) summaries of the studies required under Section
21-12 402.081 and the evaluations required under Section 402.084.]
21-13 [(b) The authority shall make the report available to the
21-14 public.]
21-15 [(c) The authority may contract for the distribution of the
21-16 report and may hold or contract with other persons to hold
21-17 informational seminars for the public.]
21-18 [Sec. 402.087. MEDIATION. (a) The authority may appoint a
21-19 mediator to consider the views of parties interested in the
21-20 selection of a disposal site.]
21-21 [(b) The mediator may conduct a series of meetings with
21-22 delegates from groups of interested parties. The delegates are
21-23 selected according to criteria established by the board.]
21-24 [(c) Mediation meetings may be held in the counties in which
21-25 the potential disposal sites are located and shall be held before
21-26 the public hearing required by Section 402.085.]
21-27 [(d) The mediator shall prepare a report and submit it to
21-28 the board before the board gives notice of the public hearing.]
21-29 [Sec. 402.088. HEARING. (a) A hearing under Section
21-30 402.085 shall be held at the county courthouse of the host county.]
21-31 [(b) The board shall give notice of the hearing on the
21-32 proposed disposal site by publishing notice in English and Spanish
21-33 in a newspaper published in the host county. The notice must be
21-34 published at least once each week for four consecutive weeks
21-35 beginning not later than the 31st day before the date set for the
21-36 hearing.]
21-37 [(c) If a newspaper is not published in the host county or
21-38 if no newspaper in the host county will publish the notice, the
21-39 board shall post written notice of the hearing in three public
21-40 places in the host county. The board shall post one of the notices
21-41 at the door of the county courthouse. The notices must be posted
21-42 for at least 30 consecutive days preceding the date set for the
21-43 hearing.]
21-44 [Sec. 402.089. BOARD DETERMINATION; RESTRICTIONS ON
21-45 SELECTION NEAR RESERVOIR. (a) The board shall determine if the
21-46 proposed disposal site should be selected after a thorough
21-47 consideration of:]
21-48 [(1) the studies and evaluations relating to site
21-49 selection;]
21-50 [(2) the criteria required to be used in those
21-51 studies; and]
21-52 [(3) testimony and evidence presented at the hearing.]
21-53 [(b) The board may not select a disposal site under this
21-54 subchapter that is within 20 miles upstream or up-drainage from the
21-55 maximum elevation of the surface of a reservoir project that:]
21-56 [(1) has been constructed or is under construction by
21-57 the United States Bureau of Reclamation or the United States Corps
21-58 of Engineers; or]
21-59 [(2) has been approved for construction by the Texas
21-60 Water Development Board as part of the state water plan under
21-61 Subchapter C, Chapter 16, Water Code.]
21-62 [Sec. 402.090. ORDER DESIGNATING SITE. If the board selects
21-63 a proposed disposal site as the disposal site, the board by order
21-64 shall designate the site as the disposal site and shall issue a
21-65 final report.]
21-66 [Sec. 402.091. REJECTION OF PROPOSED SITE. (a) If the
21-67 board determines that a proposed disposal site should not be
21-68 selected, the board shall issue an order rejecting the site and
21-69 shall call another hearing to consider another proposed disposal
22-1 site that appears suitable from the studies and evaluations.]
22-2 [(b) The board shall continue to follow the procedures of
22-3 disposal site selection under this subchapter until a suitable
22-4 disposal site is selected.]
22-5 [Sec. 402.092. FINAL REPORT. The authority shall submit to
22-6 the governor and to the legislature for informational purposes a
22-7 copy of the final report and order selecting a disposal site.]
22-8 [Sec. 402.0921. SITE AREA. Notwithstanding any other law or
22-9 other provision of this chapter, the board shall select as the
22-10 disposal site, a site:]
22-11 [(1) within Hudspeth County, Texas, and]
22-12 [(2) circumscribed on the north by 31 degrees north
22-13 latitude, 15' and 00"; on the south by 31 degrees north latitude,
22-14 00' and 00"; on the east by 105 degrees longitude, 00' and 00"; and
22-15 on the west by 105 degrees longitude, 22' and 30".]
22-16 [Sec. 402.0922. EMINENT DOMAIN. The authority may acquire
22-17 land for a disposal site within the geographical area described in
22-18 Section 402.0921 by condemnation and in accordance with Chapter 21
22-19 of the Property Code.]
22-20 [Sec. 402.093. PROCEEDING NOT A CONTESTED CASE. A
22-21 proceeding under Sections 402.085-402.092 is not a contested case
22-22 as defined by Chapter 2001, Government Code.]
22-23 [Sec. 402.094. ACQUISITION OF PROPERTY. (a) The authority
22-24 may acquire by gift, grant, or purchase any land, easements,
22-25 rights-of-way, and other property interests necessary to construct
22-26 and operate a disposal site.]
22-27 [(b) The authority must acquire the fee simple title to all
22-28 land and property that is a part of the licensed disposal site.]
22-29 [(c) The authority may lease property on terms and
22-30 conditions the board determines advantageous to the authority, but
22-31 land that is part of a licensed disposal site may be leased only
22-32 from the Texas Public Finance Authority as provided by the Texas
22-33 Public Finance Authority Act (Article 601d, Vernon's Texas Civil
22-34 Statutes).]
22-35 [(d) The authority may lease land owned by the authority
22-36 that is not part of a licensed disposal site. Land leased by the
22-37 authority under this section may be used only for agricultural,
22-38 ranching, or grazing purposes.]
22-39 SECTION 10. Subchapter D, Chapter 402, Health and Safety
22-40 Code, is amended by adding Sections 402.100 and 402.101 to read as
22-41 follows:
22-42 Sec. 402.100. RESPONSIBILITIES REGARDING DISPOSAL OF FEDERAL
22-43 FACILITY WASTE. A permanent management license holder that accepts
22-44 federal facility waste for disposal under the license shall:
22-45 (1) arrange for and pay the costs of management,
22-46 control, stabilization, and disposal of the federal facility waste;
22-47 and
22-48 (2) convey to the federal government:
22-49 (A) before the termination of the permanent
22-50 management license, all rights, title, and interests in low-level
22-51 radioactive waste located on the property to be conveyed under
22-52 Paragraph (B); and
22-53 (B) on termination of the permanent management
22-54 license, the necessary rights, title, and interests in the land and
22-55 buildings used for the disposal of federal facility waste, together
22-56 with all required rights of access to the property.
22-57 Sec. 402.101. LIABILITY IN RELATION TO FEDERAL FACILITY
22-58 WASTE. (a) This state and any agency or officer of this state are
22-59 not liable for any damages with respect to the land or facility at
22-60 which federal facility waste is accepted under this chapter or with
22-61 respect to the federal facility waste and are not liable for costs
22-62 associated with removal or remediation at the land or facility at
22-63 which federal facility waste is accepted under this chapter or with
22-64 respect to the federal facility waste.
22-65 (b) The permanent management license, to the extent it
22-66 allows the acceptance of federal facility waste, must require the
22-67 owner or operator of the separate adjacent facility at which the
22-68 federal facility waste may be accepted to insure and indemnify this
22-69 state for any liability imposed on this state or any agency or
23-1 officer of this state because of activities related to the
23-2 acceptance or disposal of federal facility waste.
23-3 SECTION 11. Section 402.216, Health and Safety Code, is
23-4 transferred to Subchapter D, Chapter 402, Health and Safety Code,
23-5 as amended by this Act, redesignated as Section 402.093, Health and
23-6 Safety Code, and amended to read as follows:
23-7 Sec. 402.093 [402.216]. RULES RELATING TO PERMANENT
23-8 MANAGEMENT FACILITY [DISPOSAL SITE]. (a) The commission [board]
23-9 shall adopt rules governing:
23-10 (1) the operation of the permanent management facility
23-11 [disposal sites];
23-12 (2) acceptance of low-level radioactive waste at the
23-13 permanent management facility;
23-14 (3) maintenance and monitoring of the permanent
23-15 management facility [disposal sites]; and
23-16 (4) activities relating to the management and
23-17 operation of the permanent management facility [disposal sites].
23-18 (b) The commission by rule shall exclude from the permanent
23-19 management facility types of low-level radioactive waste that are
23-20 incompatible with permanent management operations at the facility.
23-21 [Rules adopted under this section may not be less stringent than
23-22 those adopted by the commission.]
23-23 SECTION 12. Section 402.217, Health and Safety Code, is
23-24 transferred to Subchapter D, Chapter 402, Health and Safety Code,
23-25 as amended by this Act, redesignated as Section 402.094, Health and
23-26 Safety Code, and amended to read as follows:
23-27 Sec. 402.094 [402.217]. PROCESSING AND PACKAGING FACILITIES.
23-28 The commission by rule shall require the permanent management
23-29 facility to have on-site, as necessary, [DISPOSAL SITE ACTIVITIES.
23-30 (a) The authority may adopt any methods and techniques for
23-31 permanent disposal that comply with federal and state standards for
23-32 low-level radioactive waste disposal and that protect the public
23-33 health and safety and the environment.]
23-34 [(b) The authority may provide] facilities [at disposal
23-35 sites] for processing and packaging low-level radioactive waste for
23-36 disposal or assured isolation.
23-37 SECTION 13. Section 402.221, Health and Safety Code, is
23-38 transferred to Subchapter D, Chapter 402, Health and Safety Code,
23-39 as amended by this Act, redesignated as Section 402.095, Health and
23-40 Safety Code, and amended to read as follows:
23-41 Sec. 402.095 [402.221]. PACKAGING OF RADIOACTIVE WASTE.
23-42 (a) The Texas Board of Health shall adopt rules relating to the
23-43 packaging of low-level radioactive waste.
23-44 (b) An inspector employed by the department shall inspect
23-45 all packaged low-level radioactive waste before it is transported
23-46 to a permanent management facility [disposal site] in this state.
23-47 (c) The department shall charge a reasonable fee for the
23-48 inspection in an amount not to exceed the cost of inspection.
23-49 SECTION 14. Section 402.222, Health and Safety Code, is
23-50 transferred to Subchapter D, Chapter 402, Health and Safety Code,
23-51 as amended by this Act, redesignated as Section 402.096, Health and
23-52 Safety Code, and amended to read as follows:
23-53 Sec. 402.096 [402.222]. SHIPMENT OF LOW-LEVEL RADIOACTIVE
23-54 WASTE. (a) On arrival of a shipment of low-level radioactive
23-55 waste at a permanent management facility, the permanent management
23-56 license holder [disposal site, the on-site operator or the
23-57 operator's agent] must determine that the waste complies with all
23-58 laws, rules, and standards relating to processing and packaging of
23-59 low-level radioactive waste before the waste is accepted at the
23-60 facility for disposal or assured isolation [at the disposal site].
23-61 (b) A person making a shipment of low-level radioactive
23-62 waste that is in excess of 75 cubic feet shall give the permanent
23-63 management license holder [on-site operator of the disposal site]
23-64 written notice of the shipment at least 72 hours before shipment to
23-65 the permanent management facility [disposal site] begins. The
23-66 written notice must contain information required by rules of the
23-67 commission [the board].
23-68 SECTION 15. Section 402.223, Health and Safety Code, is
23-69 transferred to Subchapter D, Chapter 402, Health and Safety Code,
24-1 as amended by this Act, redesignated as Section 402.097, Health and
24-2 Safety Code, and amended to read as follows:
24-3 Sec. 402.097 [402.223]. IMPROPERLY PROCESSED OR PACKAGED
24-4 LOW-LEVEL RADIOACTIVE WASTE. (a) If low-level radioactive waste
24-5 that is not properly processed or packaged arrives at the permanent
24-6 management facility [a disposal site], the permanent management
24-7 license holder [on-site operator or the operator's agent] shall
24-8 properly process and package the waste for disposal or assured
24-9 isolation and charge the person making the shipment the fee
24-10 required by Section 402.274.
24-11 (b) The permanent management license holder [on-site
24-12 operator or the operator's agent] shall report to the federal and
24-13 state agencies that establish rules and standards for processing,
24-14 packaging, and transporting low-level radioactive waste any person
24-15 who delivers to the permanent management facility [a disposal site]
24-16 low-level radioactive waste that is not properly processed or
24-17 packaged.
24-18 SECTION 16. Subsections (a), (c), and (d), Section 402.252,
24-19 Health and Safety Code, are amended to read as follows:
24-20 (a) Each quarter:
24-21 (1) the commission shall [The board shall quarterly]
24-22 transfer money in the low-level radioactive waste fund generated by
24-23 [planning and implementation fee surcharges under Sections
24-24 402.2721(e) and (f), and] that portion of waste disposal fees
24-25 identifiable as adopted for the purposes of Sections 402.273(a)(3)
24-26 and (b) to the commissioners court of the host county; and
24-27 (2) the permanent management license holder shall
24-28 assess the generator of the federal facility waste a surcharge for
24-29 the disposal of the federal facility waste at the separate adjacent
24-30 facility, if any. The surcharge shall be 10 percent of the gross
24-31 receipts from fees or charges related to the disposal of the
24-32 federal facility waste. All surcharges collected by the permanent
24-33 management license holder for the disposal of federal facility
24-34 waste shall be transferred to the commissioners court of the host
24-35 county.
24-36 (c) Money received from the low-level radioactive waste fund
24-37 under this section may be spent only for local public projects that
24-38 are for the use and benefit of the public at large. The commission
24-39 [board] shall adopt guidelines for the expenditure of money
24-40 received under this section, and the commissioners court shall
24-41 spend or disburse the money for use according to those guidelines.
24-42 (d) Annually the commissioners court shall provide to the
24-43 commission [board] a detailed accounting of the money held,
24-44 expended, or disbursed by the county.
24-45 SECTION 17. Sections 402.271 and 402.272, Health and Safety
24-46 Code, are amended to read as follows:
24-47 Sec. 402.271. COMMISSION [AUTHORITY'S] EXPENSES. The
24-48 commission's expenses under this chapter [authority's expenses]
24-49 shall be paid from:
24-50 (1) waste disposal fees collected by the commission
24-51 under Section 402.272;
24-52 (2) money in the low-level radioactive waste fund
24-53 derived from planning and implementation fees deposited in that
24-54 fund and the interest earned on that money;
24-55 (3) proceeds from the sale of bonds under Subchapter
24-56 K, if any;
24-57 (4) contributions from members of the [a low-level
24-58 radioactive waste] compact [entered into under Section 402.219(c)];
24-59 (5) appropriations made by the legislature; and
24-60 (6) other receipts, fees, and interest earned in funds
24-61 authorized by or collected under this subchapter and deposited in
24-62 the low-level radioactive waste fund.
24-63 Sec. 402.272. WASTE DISPOSAL FEES. (a) The commission
24-64 [board] shall have collected at the permanent management facility
24-65 on delivery of low-level radioactive waste or as commission rules
24-66 otherwise provide a waste disposal fee to be paid by each person
24-67 who delivers low-level radioactive waste to the facility. The fees
24-68 shall be payable to this state in the name of the commission. This
24-69 section does not apply to a person who delivers federal facility
25-1 waste to the facility if the facility is allowed under its license
25-2 to dispose of federal facility waste. The permanent management
25-3 license holder may establish fees for the acceptance and disposal
25-4 of federal facility waste accepted under the permanent management
25-5 license [authority for disposal].
25-6 (b) The commission [board] by rule shall adopt and
25-7 periodically revise waste disposal fees according to a schedule
25-8 that is based on the projected annual volume of low-level
25-9 radioactive waste received, the relative hazard presented by each
25-10 type of low-level radioactive waste that is generated by the users
25-11 of radioactive materials, and the costs identified in Section
25-12 402.273.
25-13 (c) In determining relative hazard, the commission [board]
25-14 shall consider the radioactive, physical, and chemical properties
25-15 of each type of low-level radioactive waste.
25-16 SECTION 18. Sections 402.273 and 402.274, Health and Safety
25-17 Code, are amended to read as follows:
25-18 Sec. 402.273. WASTE DISPOSAL FEE CRITERIA. (a) Waste
25-19 disposal fees adopted by the commission [board] must be sufficient
25-20 to:
25-21 (1) allow the commission and the permanent management
25-22 license holder [authority] to recover operating and maintenance
25-23 costs, including the costs of financial assurance and a reasonable
25-24 return on investment;
25-25 (2) provide an amount necessary to meet future costs
25-26 of decommissioning, closing, and postclosure maintenance and
25-27 surveillance of the permanent management facility and, if
25-28 applicable, costs of converting an assured isolation facility to a
25-29 disposal facility [site];
25-30 (3) provide an amount to fund local public projects
25-31 under Subchapter I;
25-32 (4) [provide an amount sufficient to fund, in whole or
25-33 in part, a rangeland and wildlife management plan;]
25-34 [(5)] provide an amount necessary to pay federal and
25-35 state licensing fees incurred by the commission or the permanent
25-36 management license holder and to [provide] pay fees associated with
25-37 providing security required by the commission under Section 402.032
25-38 [law] and commission rules; and
25-39 (5) [(6)] provide an amount necessary to fund debt
25-40 service and necessary fees and charges, including insurance
25-41 premiums and similar costs, associated with the issuance and
25-42 payment of bonds under Subchapter K.
25-43 (b) This subsection applies only if the commission
25-44 [authority] does not issue bonds under Subchapter K. The waste
25-45 disposal fees must also include an amount sufficient to allow the
25-46 commission [authority] to recover expenses incurred before
25-47 [beginning] operation of the permanent management facility begins,
25-48 [disposal site] amortized over a period of not more than 20 years
25-49 beginning on the first day of operation of the facility [disposal
25-50 site]. The fees must be sufficient to recover the depository
25-51 interest that the general revenue fund would have earned had the
25-52 fund not been used to pay expenses incurred before the facility
25-53 [disposal site] begins operation. Depository interest recovered
25-54 under this subsection shall be deposited to the credit of the
25-55 general revenue fund. Principal recovered under this subsection
25-56 shall be deposited to the credit of the general revenue fund until
25-57 the amount deposited has fully reimbursed the fund for expenses
25-58 paid from the fund before the facility [disposal site] begins
25-59 operation. The remainder of the principal shall be deposited as
25-60 provided by Section 402.275(c) [402.272(a)].
25-61 (c) The amount required by Subsection (a)(3) may not be less
25-62 than 10 percent of the annual gross receipts from waste received at
25-63 the permanent management facility [disposal site].
25-64 (d) The holder of the permanent management license and
25-65 compact generators may petition the commission for a change in the
25-66 fee amount determined under this section.
25-67 Sec. 402.274. PROCESSING AND PACKAGING FEES. The commission
25-68 [board] by rule shall adopt and periodically revise processing and
25-69 packaging fees according to a schedule that is based on the volume
26-1 of improperly processed or packaged low-level radioactive waste
26-2 delivered to the permanent management facility [for disposal] and
26-3 on the cost to the permanent management license holder [authority]
26-4 for properly processing and packaging the low-level radioactive
26-5 waste in compliance with federal and state standards. This section
26-6 does not apply to a person who delivers federal facility waste to
26-7 the facility if the facility is allowed under its license to
26-8 dispose of federal facility waste. The permanent management license
26-9 holder may establish processing and packaging fees for federal
26-10 facility waste accepted under the permanent management license.
26-11 SECTION 19. Subchapter J, Chapter 402, Health and Safety
26-12 Code, is amended by adding Sections 402.2744 and 402.2745 to read
26-13 as follows:
26-14 Sec. 402.2744. PERMANENT MANAGEMENT FACILITY DECOMMISSIONING
26-15 ACCOUNT. (a) The commission shall:
26-16 (1) determine an amount that will be necessary to
26-17 finance the decommissioning of the permanent management facility at
26-18 the time the facility should be decommissioned, including
26-19 post-closure maintenance, surveillance, and institutional controls;
26-20 (2) determine the portion of the fees collected under
26-21 Section 402.272 necessary to fund an account to pay those costs
26-22 over time; and
26-23 (3) direct the comptroller to deposit in the permanent
26-24 management facility decommissioning account the portion of the fees
26-25 determined under Subdivision (2).
26-26 (b) Each biennium, the commission shall review the balance
26-27 of the permanent management facility decommissioning account and
26-28 the amount of interest the account generates. When the balance of
26-29 the account reaches an amount that would generate enough interest
26-30 income to fully finance the costs of decommissioning the facility
26-31 by the time the facility is projected to be decommissioned,
26-32 including post-closure maintenance, surveillance, and institutional
26-33 controls, the commission shall direct the comptroller to
26-34 discontinue directing fee money into the account.
26-35 (c) The permanent management facility decommissioning
26-36 account is an account in the general revenue fund. Money in the
26-37 account may only be used to pay the costs of decommissioning a
26-38 permanent management facility licensed under Subchapter B,
26-39 including post-closure maintenance, surveillance, and institutional
26-40 controls. Interest earned on money in the account shall be
26-41 deposited to the credit of the account. The account is exempt from
26-42 the application of Section 403.095, Government Code.
26-43 (d) If the permanent management facility is licensed to
26-44 dispose of federal facility waste at a separate adjacent facility:
26-45 (1) money in the permanent management facility
26-46 decommissioning account may be used to decommission both the
26-47 facility for permanent management of compact waste and the separate
26-48 adjacent facility for disposal of federal facility waste;
26-49 (2) notwithstanding Subsection (a), the commission
26-50 shall:
26-51 (A) determine an amount that will be necessary
26-52 to decommission both the facility for permanent management of
26-53 compact waste and the separate adjacent facility for disposal of
26-54 federal facility waste;
26-55 (B) determine the appropriate share of the
26-56 amount determined under Paragraph (A) to attribute to each
26-57 facility, considering the projected volumes of waste, hazards of
26-58 waste, and facility characteristics that will affect
26-59 decommissioning costs;
26-60 (C) determine the portion of the fees collected
26-61 under Section 402.272 necessary to fund, over time, the share of
26-62 the costs of decommissioning the site attributable to the permanent
26-63 management of compact waste;
26-64 (D) direct the comptroller to deposit in the
26-65 permanent management facility decommissioning account the portion
26-66 of the fees determined under Paragraph (C);
26-67 (E) determine the amount of money necessary to
26-68 fund the share of the costs of decommissioning the site
26-69 attributable to the disposal of federal facility waste;
27-1 (F) charge the permanent management license
27-2 holder a fee for each shipment of federal facility waste accepted
27-3 for disposal in an amount determined to be necessary, over time, to
27-4 meet the amount determined under Paragraph (E); and
27-5 (G) deposit the fees paid under Paragraph (F) to
27-6 the permanent management facility decommissioning account; and
27-7 (3) at the time the commission directs the comptroller
27-8 to discontinue directing money into the permanent management
27-9 facility decommissioning account, the commission shall discontinue
27-10 charging the fee under Subdivision (2)(F).
27-11 Sec. 402.2745. ASSURED ISOLATION CONVERSION ACCOUNT.
27-12 (a) This section applies only if the permanent management facility
27-13 licensed under Subchapter B is an assured isolation facility.
27-14 (b) The commission shall:
27-15 (1) determine an amount that will be necessary to
27-16 finance the conversion of the permanent management facility for
27-17 disposal of the low-level radioactive waste at the time the
27-18 facility should be converted for disposal of the waste;
27-19 (2) determine the portion of the fees collected under
27-20 Section 402.272 necessary to fund an account to pay those costs
27-21 over time; and
27-22 (3) direct the comptroller to deposit in the assured
27-23 isolation conversion account the portion of the fees determined
27-24 under Subdivision (2).
27-25 (c) Each biennium, the commission shall review the balance
27-26 of the assured isolation conversion account and the amount of
27-27 interest the account generates. When the balance of the account
27-28 reaches an amount that would generate enough interest income to
27-29 fully finance the costs of converting the facility by the time the
27-30 facility is projected to be converted to a disposal facility, the
27-31 commission shall direct the comptroller to discontinue directing
27-32 fee money into the account.
27-33 (d) The assured isolation conversion account is an account
27-34 in the general revenue fund. Money in the account may be used only
27-35 to pay costs of converting an assured isolation facility licensed
27-36 under Subchapter B to a low-level radioactive waste disposal
27-37 facility. Interest earned on money in the account shall be
27-38 deposited to the credit of the account. The account is exempt from
27-39 the application of Section 403.095, Government Code.
27-40 SECTION 20. Subsections (c) and (d), Section 402.275, Health
27-41 and Safety Code, are amended to read as follows:
27-42 (c) Money received by the commission under this chapter
27-43 [authority], including waste disposal fees, [planning and
27-44 implementation fees, surcharges on planning and implementation
27-45 fees,] processing and packaging fees, civil penalties, payments
27-46 made by a party state to the [a low-level radioactive waste]
27-47 compact [entered into under Section 402.219(c)], and other receipts
27-48 collected by the commission [authority] under this chapter shall be
27-49 deposited to the credit of the low-level radioactive waste fund
27-50 except as provided by Sections 402.2744 and 402.2745.
27-51 (d) Money [Except as provided by Subsection (f), money] in
27-52 the low-level radioactive waste fund may be used to pay:
27-53 (1) costs of the commission to plan, implement, and
27-54 administer activities under this chapter before the permanent
27-55 management facility begins operation;
27-56 (2) operating and maintenance costs of the commission
27-57 and the permanent management license holder [authority];
27-58 (3) [(2)] future costs of decommissioning, closing,
27-59 and postclosure maintenance and surveillance of the permanent
27-60 management facility [disposal site];
27-61 (4) [(3)] federal and state licensing fees incurred by
27-62 the commission or the permanent management license holder and to
27-63 provide security required by the commission under Section 402.032;
27-64 (5) [(4)] money judgments rendered against the
27-65 commission [authority] that are directed by a court of this state
27-66 to be paid from this fund;
27-67 [(5) expenses associated with implementation of the
27-68 rangeland and wildlife management plan;]
27-69 (6) funds for local public projects under Subchapter
28-1 I;
28-2 (7) debt service and necessary fees and charges,
28-3 including insurance premiums and similar costs, associated with the
28-4 issuance and payment of bonds under Subchapter K; and
28-5 (8) expenses of the commission for any other purpose
28-6 under this chapter.
28-7 SECTION 21. Sections 402.291 through 402.296 and 402.298,
28-8 Health and Safety Code, are amended to read as follows:
28-9 Sec. 402.291. AUTHORITY TO ISSUE BONDS. (a) The commission
28-10 [authority] may issue, sell, and provide for the retirement of
28-11 revenue bonds to:
28-12 (1) finance necessary actions that the commission may
28-13 take in order to ensure the safety of the permanent management
28-14 facility in the absence of a permanent management license holder,
28-15 or the operation of the permanent management facility by the
28-16 commission in the event the commission must operate the facility
28-17 because there is no permanent management license holder; or
28-18 [reimburse the general revenue fund for the expenses incurred and
28-19 paid by the authority in selecting, seeking approval for, and
28-20 constructing a disposal site;]
28-21 (2) reimburse the permanent management license holder
28-22 for the costs of constructing the permanent management facility
28-23 [pay the expenses of selecting, seeking approval of, and
28-24 constructing a disposal site that were not paid from the general
28-25 revenue fund; and]
28-26 [(3) provide required reserve funds and capitalized
28-27 interest, and to pay issuing expenses and other expenses associated
28-28 with the issuance and sale of bonds].
28-29 (b) The commission may reimburse the license holder under
28-30 Subsection (a)(2) only if the permanent management facility is an
28-31 assured isolation facility.
28-32 (c) The bonds may not be a debt or pledge of the faith and
28-33 credit of the state or the commission[, the authority, or a public
28-34 entity,] but shall be payable from receipts collected by the
28-35 commission [authority] and credited to the low-level radioactive
28-36 waste fund and pledged to the payment of the bonds authorized under
28-37 this subchapter.
28-38 (d) [(c)] The bonds must contain on their face a statement
28-39 that:
28-40 (1) the state or the commission[, the authority, or a
28-41 public entity] is not obligated to pay the principal of or interest
28-42 on the bonds; and
28-43 (2) the faith and credit and the taxing power of the
28-44 state [or of a public entity] is not pledged to the payment of the
28-45 principal of or interest on the bonds.
28-46 (e) [(d)] The Texas Public Finance Authority, acting on
28-47 behalf of the commission [Texas Low-Level Radioactive Waste
28-48 Disposal Authority], shall issue all bonds authorized under this
28-49 subchapter. In connection with the issuance of those bonds, the
28-50 Texas Public Finance Authority is subject to all rights, duties,
28-51 and conditions provided by this subchapter with respect to the
28-52 issuance of bonds by the commission [Texas Low-Level Radioactive
28-53 Waste Disposal Authority].
28-54 Sec. 402.292. [BOARD] AUTHORIZATION OF BONDS. (a) The
28-55 commission [board] may issue bonds by [resolution or] order.
28-56 (b) In the [resolution or] order authorizing the bonds, the
28-57 commission [board] may provide for the bonds to:
28-58 (1) be executed and delivered at any time as a single
28-59 issue or from time to time as several issues;
28-60 (2) be in any denomination and form, including
28-61 registered uncertified obligations not represented by written
28-62 instruments and commonly known as book-entry obligations, the
28-63 registration of ownership and transfer of which the commission
28-64 [authority] shall provide for under a system of books and records
28-65 maintained by a bank serving as trustee, paying agent, or bond
28-66 registrar;
28-67 (3) be in coupon or registered form;
28-68 (4) be payable in installments and have a maturity
28-69 date not to exceed 30 years from date of issuance;
29-1 (5) be subject to terms of redemption prior to
29-2 maturity;
29-3 (6) be payable at a place or places;
29-4 (7) bear no interest or bear interest at any rate or
29-5 rates, fixed, variable, floating, or otherwise determined by the
29-6 commission [board], not to exceed the maximum net effective
29-7 interest rate allowed by Chapter 1204, Government Code [Chapter 3,
29-8 Acts of the 61st Legislature, Regular Session, 1969 (Article
29-9 717k-2, Vernon's Texas Civil Statutes)]; and
29-10 (8) contain other provisions not inconsistent with
29-11 this subchapter.
29-12 (c) The [authority's] bonds shall be:
29-13 (1) signed by the commission [board chairman or
29-14 vice-chairman];
29-15 (2) attested to by the executive director [board's
29-16 secretary]; and
29-17 (3) bear the seal of the commission [authority].
29-18 Sec. 402.293. APPROVAL OF BONDS. Bonds issued under this
29-19 subchapter [Authority bonds] are subject to approval by the
29-20 attorney general and the Bond Review Board [bond review board] and
29-21 registration by the comptroller as provided by Chapters 1202 and
29-22 1231, Government Code [Article 3, Chapter 53, Acts of the 70th
29-23 Legislature, 2nd Called Session, 1987 (Article 717k-8, Vernon's
29-24 Texas Civil Statutes), and Chapter 1078, Acts of the 70th
29-25 Legislature, Regular Session, 1987 (Article 717k-7, Vernon's Texas
29-26 Civil Statutes)].
29-27 Sec. 402.294. SALE OF BONDS; PROCEEDS OF SALE. (a) After
29-28 approval and registration, the commission [authority] may sell the
29-29 bonds at a public or private sale and in a manner provided in the
29-30 commission's [board's resolution or] order authorizing the sale.
29-31 (b) The commission [authority] shall establish and maintain
29-32 funds in the state treasury into which the proceeds from the sale
29-33 of the bonds are deposited, including an interest and sinking fund,
29-34 a reserve fund, and other funds [established by the board].
29-35 (c) The commission [authority] may make an expenditure from
29-36 a fund established under Subsection (b) only for the purposes
29-37 prescribed by Section 402.291.
29-38 (d) The commission [board] may authorize the comptroller to
29-39 invest the money in a fund established under Subsection (b) in
29-40 investments allowed by law for state funds. Money earned on those
29-41 investments shall be deposited to the credit of that fund.
29-42 Sec. 402.295. REFUNDING BONDS. The commission [authority]
29-43 may issue bonds to refund all or part of its outstanding bonds,
29-44 including unpaid interest, in the same manner provided by law,
29-45 including Chapter 1207, Government Code [503, Acts of the 54th
29-46 Legislature, Regular Session, 1955 (Article 717k, Vernon's Texas
29-47 Civil Statutes), and Chapter 784, Acts of the 61st Legislature,
29-48 Regular Session, 1969 (Article 717k-3, Vernon's Texas Civil
29-49 Statutes)].
29-50 Sec. 402.296. BONDS AS INVESTMENTS AND AS SECURITY FOR
29-51 DEPOSITS. (a) Bonds issued under this subchapter [Authority
29-52 bonds] are legal and authorized investments for:
29-53 (1) banks;
29-54 (2) investment companies;
29-55 (3) trust companies;
29-56 (4) savings and loan associations;
29-57 (5) insurance companies;
29-58 (6) fiduciaries;
29-59 (7) trustees; and
29-60 (8) sinking funds or special funds of the state and of
29-61 municipalities, counties, school districts, and political
29-62 subdivisions and public agencies of the state.
29-63 (b) Bonds issued under this subchapter [Authority bonds] are
29-64 eligible to secure deposits of public funds of the state and of
29-65 municipalities, counties, school districts, and other political
29-66 corporations or subdivisions of the state. The bonds are lawful
29-67 and sufficient security for deposits to the extent of their value
29-68 if accompanied by all unmatured coupons.
29-69 Sec. 402.298. BONDHOLDER REMEDIES. (a) If the commission
30-1 [authority] defaults in the payment of the principal of or interest
30-2 on the bonds when due, or fails to observe or perform any other
30-3 condition, covenant, or obligation contained in the [resolution or]
30-4 order authorizing the [authority] bonds, the owner of a bond may
30-5 enforce the condition, covenant, or obligation through a mandamus
30-6 proceeding or other legal procedure provided by law.
30-7 (b) A default by the commission [authority] of a condition,
30-8 covenant, or obligation contained in the [resolution or] order
30-9 authorizing the bonds does not impose any pecuniary liability on
30-10 the state or on the commission [authority] or impose a charge on
30-11 the general credit of the state or of the commission [authority] or
30-12 against the taxing power of the state.
30-13 SECTION 22. Subdivisions (14) through (27), Section 401.003,
30-14 Health and Safety Code, are amended to read as follows:
30-15 (14) "Permanent management" has the meaning assigned
30-16 by Section 402.003.
30-17 (15) "Person" includes a legal successor to or
30-18 representative, agent, or agency of any person but does not include
30-19 the federal commission and federal agencies the federal commission
30-20 licenses or exempts.
30-21 (16) [(15)] "Person affected" means a person who
30-22 demonstrates that the person has suffered or will suffer actual
30-23 injury or economic damage and, if the person is not a local
30-24 government:
30-25 (A) is a resident of a county, or a county
30-26 adjacent to that county, in which nuclear or radioactive material
30-27 is or will be located; or
30-28 (B) is doing business or has a legal interest in
30-29 land in the county or adjacent county.
30-30 (17) [(16)] "Processing" means the storage, extraction
30-31 of material, transfer, volume reduction, compaction, or other
30-32 separation and preparation of low-level radioactive waste for reuse
30-33 or disposal, including a treatment or activity that renders the
30-34 waste less hazardous, safer for transport, or amenable to recovery,
30-35 storage, or disposal.
30-36 (18) [(17)] "Radiation" means one or more of the
30-37 following:
30-38 (A) gamma-rays and X-rays, alpha and beta
30-39 particles, and other atomic or nuclear particles or rays;
30-40 (B) stimulated emission of radiation from an
30-41 electronic device to energy density levels that could reasonably
30-42 cause bodily harm; or
30-43 (C) sonic, ultrasonic, or infrasonic waves
30-44 emitted from an electronic device or resulting from the operation
30-45 of an electronic circuit in an electronic device in the energy
30-46 range to reasonably cause detectable bodily harm.
30-47 (19) [(18)] "Radioactive material" means a naturally
30-48 occurring or artificially produced solid, liquid, or gas that emits
30-49 radiation spontaneously.
30-50 (20) [(19) "Radioactive substance" includes:]
30-51 [(A) by-product material;]
30-52 [(B) naturally occurring radioactive material
30-53 waste, excluding oil and gas NORM waste;]
30-54 [(C) radioactive material;]
30-55 [(D) low-level radioactive waste;]
30-56 [(E) source material;]
30-57 [(F) source of radiation; and]
30-58 [(G) special nuclear material.]
30-59 [(21)] "Registration" includes:
30-60 (A) notice to the department of the service or
30-61 use of an electronic product; and
30-62 (B) registration under Section 401.105.
30-63 (21) [(22)] "Source material" means:
30-64 (A) uranium, thorium, or other material that the
30-65 governor by order declares to be source material after the federal
30-66 commission has determined the material to be source material; or
30-67 (B) ore that contains one or more of the
30-68 materials listed in Subdivision (A) to the degree of concentration
30-69 that the governor by order declares to be source material after the
31-1 federal commission has determined the material to be of a degree of
31-2 concentration to be source material.
31-3 (22) [(23)] "Source of radiation" means radioactive
31-4 material or a device or equipment that emits or is capable of
31-5 producing radiation intentionally or incidentally.
31-6 (23) [(24)] "Special nuclear material" means:
31-7 (A) plutonium, uranium 233, uranium enriched in
31-8 the isotope 233 or the isotope 235, and any other material other
31-9 than source material that the governor by order declares to be
31-10 special nuclear material after the federal commission determines
31-11 the material to be special nuclear material; or
31-12 (B) material other than source material that is
31-13 artificially enriched by any of the materials listed in Subdivision
31-14 (A).
31-15 (24) [(25)] "Specific license" means a license, issued
31-16 pursuant to an application, to use, manufacture, produce, transfer,
31-17 receive, acquire, own, possess, process, or dispose of quantities
31-18 of or devices or equipment using by-product, source, special
31-19 nuclear, or other radioactive material.
31-20 (25) [(26)] "Naturally occurring radioactive material
31-21 waste" or "NORM waste" means solid, liquid, or gaseous material or
31-22 combination of materials, excluding source material, special
31-23 nuclear material, and by-product material, that:
31-24 (A) in its natural physical state spontaneously
31-25 emits radiation;
31-26 (B) is discarded or unwanted; and
31-27 (C) is not exempt by department rule adopted
31-28 under Section 401.106.
31-29 (26) [(27)] "Oil and gas NORM waste" means solid,
31-30 liquid, or gaseous material or combination of materials, excluding
31-31 source material, special nuclear material, and by-product material,
31-32 that:
31-33 (A) in its natural physical state spontaneously
31-34 emits radiation;
31-35 (B) is discarded or unwanted;
31-36 (C) is not exempt by department rule adopted
31-37 under Section 401.106; and
31-38 (D) constitutes, is contained in, or has
31-39 contaminated oil and gas waste as that term is defined in Section
31-40 91.1011, [of the] Natural Resources Code.
31-41 SECTION 23. Section 401.005, Health and Safety Code, is
31-42 amended to read as follows:
31-43 Sec. 401.005. CODE OF FEDERAL REGULATIONS REFERENCES. A
31-44 reference in this chapter to the "C.F.R." or the "Code of Federal
31-45 Regulations" means the Code of Federal Regulations as it existed on
31-46 September 1, 2001 [1999].
31-47 SECTION 24. Subsections (a) and (b), Section 401.011, Health
31-48 and Safety Code, are amended to read as follows:
31-49 (a) The department is the Texas Radiation Control Agency.
31-50 The department has jurisdiction over activities and substances
31-51 regulated under this chapter except as provided by Subsection (b),
31-52 Subchapter [and Subchapters F and] K, and Chapter 402.
31-53 (b) The commission has jurisdiction to regulate and license:
31-54 (1) the permanent management of low-level radioactive
31-55 waste as provided by Chapter 402; and
31-56 (2) the disposal of:
31-57 (A) by-product material [radioactive substances]
31-58 except by-product material defined by Section 401.003(3)(B);
31-59 (B) naturally occurring radioactive material
31-60 waste except oil and gas NORM waste;
31-61 (C) source material; and
31-62 (D) special nuclear material.
31-63 SECTION 25. Subsection (c), Section 401.015, Health and
31-64 Safety Code, is amended to read as follows:
31-65 (c) A person is not eligible to be appointed as a
31-66 representative of the public on the advisory board if that person
31-67 or that person's spouse is:
31-68 (1) engaged in an occupation in the health care field;
31-69 or
32-1 (2) employed by, participates in the management of, or
32-2 has a financial interest, other than as a consumer, in part of the
32-3 nuclear utility industry or in a business entity or other
32-4 organization that is licensed under [Subchapter F or] Subchapter G
32-5 or Chapter 402.
32-6 SECTION 26. Subsections (b), (d), (e), and (f), Section
32-7 401.052, Health and Safety Code, are amended to read as follows:
32-8 (b) Rules adopted under this section for low-level
32-9 radioactive waste shall:
32-10 (1) to the extent practicable, be compatible with
32-11 United States Department of Transportation and United States
32-12 Nuclear Regulatory Commission regulations relating to the
32-13 transportation of low-level radioactive waste;
32-14 (2) require each shipper and transporter of low-level
32-15 radioactive waste to adopt an emergency plan approved by the
32-16 department for responding to transportation accidents;
32-17 (3) require the notification and reporting of
32-18 accidents to the department and to local emergency planning
32-19 committees in the county where the accident occurs;
32-20 (4) require each shipper to adopt a quality control
32-21 program approved by the department to verify that shipping
32-22 containers are suitable for shipment to a licensed disposal
32-23 facility; [and]
32-24 (5) assess a fee on shippers for shipments [to a Texas
32-25 low-level radioactive waste disposal facility] of low-level
32-26 radioactive waste originating in Texas or out-of-state to the
32-27 permanent management facility licensed under Chapter 402; and
32-28 (6) provide that:
32-29 (A) a shipper shall comply immediately with an
32-30 order of the board made in response to an alleged violation of a
32-31 rule adopted under this section if the order directs immediate
32-32 compliance; and
32-33 (B) if a shipper who was subject to an order
32-34 that directed immediate compliance applies for a hearing on the
32-35 alleged violation before the 21st day after the date the order was
32-36 issued, the department shall provide a hearing on the alleged
32-37 violation not later than the 30th day after the date the
32-38 application is received.
32-39 (d) [(1)] Fees assessed under this section [shall]:
32-40 (1) may [(A)] not exceed $10 per cubic foot of shipped
32-41 low-level radioactive waste;
32-42 (2) shall [(B)] be collected by the commission
32-43 [authority] and deposited to the credit of the radiation and
32-44 perpetual care fund; and
32-45 (3) shall [(C)] be used exclusively by the department
32-46 for emergency planning for and response to transportation accidents
32-47 involving low-level radioactive waste.
32-48 (e) [(2)] Fee assessments under this section shall be
32-49 suspended when the amount of fees collected reaches $500,000,
32-50 except that if the balance of fees collected is reduced to $350,000
32-51 or less, the assessments shall be reinstituted to bring the balance
32-52 of fees collected to $500,000.
32-53 (f) [(e)] Money expended from the radiation and perpetual
32-54 care fund to respond to accidents involving low-level radioactive
32-55 waste must be reimbursed to the radiation and perpetual care fund
32-56 by the responsible shipper or transporter according to rules
32-57 adopted by the board.
32-58 (g) [(f)] In this section, "shipper"[:]
32-59 [(1) "Shipper"] means a person who generates low-level
32-60 radioactive waste and ships or arranges with others to ship the
32-61 waste to a disposal site or permanent management facility.
32-62 [(2) "Authority" means the Texas Low-Level Radioactive
32-63 Waste Disposal Authority.]
32-64 SECTION 27. Subsection (c), Section 401.058, Health and
32-65 Safety Code, is amended to read as follows:
32-66 (c) The commission, as part of the collection and
32-67 dissemination of information, shall maintain a file of:
32-68 (1) known locations in this state at which radioactive
32-69 material has been managed by an assured isolation facility or
33-1 disposed of and at which soil and facilities are contaminated; and
33-2 (2) information on inspection reports relating to the
33-3 radioactive material managed by an assured isolation facility or
33-4 disposed of and radiation levels at those locations.
33-5 SECTION 28. Section 401.061, Health and Safety Code, is
33-6 amended to read as follows:
33-7 Sec. 401.061. LOW-LEVEL RADIOACTIVE WASTE STUDIES. The
33-8 department and commission each within its jurisdiction shall
33-9 conduct studies of the need for [low-level radioactive waste
33-10 processing and disposal] facilities and technologies for processing
33-11 low-level radioactive waste, for assured isolation, and for
33-12 disposal as the agency considers necessary for minimizing the risks
33-13 to the public and the environment from low-level radioactive waste
33-14 management.
33-15 SECTION 29. Subsection (a), Section 401.063, Health and
33-16 Safety Code, is amended to read as follows:
33-17 (a) The department or commission or the agency's
33-18 representative may enter public or private property at reasonable
33-19 times to determine whether, in a matter under the agency's
33-20 jurisdiction, there is compliance with this chapter or Chapter 402
33-21 and the agency's rules, licenses, registrations, and orders under
33-22 this chapter or Chapter 402.
33-23 SECTION 30. Section 401.067, Health and Safety Code, is
33-24 transferred to Subchapter D, Chapter 402, Health and Safety Code,
33-25 as amended by this Act, redesignated as Section 402.099, Health and
33-26 Safety Code, and amended to read as follows:
33-27 Sec. 402.099 [401.067]. LOCAL GOVERNMENT INSPECTIONS.
33-28 (a) An agent or employee of a local government may examine and
33-29 copy during regular business hours records relating to activities
33-30 licensed under Subchapter B [F]. Examinations and copying of
33-31 records must be done at the local government's expense and are
33-32 subject to limitations in Chapter 552, Government Code.
33-33 (b) Records copied under this section are public records
33-34 unless the record's owner shows to the satisfaction of the
33-35 commission that the records if made public will divulge trade
33-36 secrets. On such a showing, the commission shall consider the
33-37 copied records confidential.
33-38 (c) A local government agent or employee may not enter
33-39 private property that has management in residence unless the agent
33-40 or employee notifies the management, or person in charge, of the
33-41 agent's or employee's presence and exhibits proper credentials.
33-42 The agent or employee shall observe the rules of the establishment
33-43 being inspected relating to safety, internal security, and fire
33-44 protection.
33-45 SECTION 31. Section 401.101, Health and Safety Code, is
33-46 amended to read as follows:
33-47 Sec. 401.101. LICENSE AND REGISTRATION REQUIREMENT.
33-48 (a) Except as provided by Subsection (b), a [A] person may not
33-49 use, manufacture, produce, transport, transfer, receive, acquire,
33-50 own, possess, process, or dispose of a source of radiation unless
33-51 that person has a license, registration, or exemption from the
33-52 department or commission as provided by this chapter.
33-53 (b) A person may not receive low-level radioactive waste
33-54 from other persons for permanent management unless that person has
33-55 a license issued under Chapter 402 that authorizes the activity.
33-56 SECTION 32. Subsection (b), Section 401.104, Health and
33-57 Safety Code, is amended to read as follows:
33-58 (b) Except as provided by Subsection (e), the commission by
33-59 rule shall provide for licensing for the disposal of radioactive
33-60 material except by-product material defined by Section
33-61 401.003(3)(B). Licensing for the permanent management of low-level
33-62 radioactive waste is governed by Chapter 402. The department by
33-63 rule shall provide for licensing the disposal of by-product
33-64 material defined by Section 401.003(3)(B).
33-65 SECTION 33. Subsection (c), Section 401.108, Health and
33-66 Safety Code, is amended to read as follows:
33-67 (c) The commission shall reevaluate every five years the
33-68 qualifications and security provided by a license holder under
33-69 [Subchapter F or] Subchapter G. The reevaluation may coincide with
34-1 license renewal procedures if renewal and reevaluation occur in the
34-2 same year.
34-3 SECTION 34. Subsection (b), Section 401.109, Health and
34-4 Safety Code, is amended to read as follows:
34-5 (b) The amount and type of security required shall be
34-6 determined under the agency's rules in accordance with criteria
34-7 that include:
34-8 (1) the need for and scope of decontamination,
34-9 decommissioning, reclamation, and [or] disposal or other permanent
34-10 management activity reasonably required to protect the public
34-11 health and safety and the environment;
34-12 (2) reasonable estimates of the cost of
34-13 decontamination, decommissioning, reclamation, and disposal or
34-14 other permanent management activity as provided by Section 401.303;
34-15 and
34-16 (3) the cost of perpetual maintenance and
34-17 surveillance, if any.
34-18 SECTION 35. Section 401.111, Health and Safety Code, is
34-19 amended to read as follows:
34-20 Sec. 401.111. CRITERIA FOR CERTAIN UNSUITABLE NEW SITES FOR
34-21 PROCESSING LOW-LEVEL RADIOACTIVE WASTE. (a) The board [and
34-22 commission each], in adopting rules for the issuance of licenses
34-23 under its jurisdiction [their respective jurisdictions] for new
34-24 sites for processing [or disposal of] low-level radioactive waste
34-25 from other persons, shall adopt criteria for the designation of
34-26 unsuitable sites, including:
34-27 (1) flood hazard areas;
34-28 (2) areas with characteristics of discharge from or
34-29 recharge of a groundwater aquifer system; or
34-30 (3) areas in which soil conditions make spill cleanup
34-31 impracticable.
34-32 (b) The board [and commission each] shall consult with the
34-33 State Soil and Water Conservation Board, the Bureau of Economic
34-34 Geology, and other appropriate state agencies in developing
34-35 proposed rules. The board [and commission each] by rule shall:
34-36 (1) require selection of sites in areas in which
34-37 natural conditions minimize potential contamination of surface
34-38 water and groundwater; and
34-39 (2) prohibit issuance of licenses for unsuitable sites
34-40 as defined by the rules.
34-41 SECTION 36. Section 401.112, Health and Safety Code, is
34-42 amended to read as follows:
34-43 Sec. 401.112. LOW-LEVEL RADIOACTIVE WASTE PROCESSING [OR
34-44 DISPOSAL] LICENSE APPLICATION AND CONSIDERATIONS. (a) The
34-45 department [or commission], within its jurisdiction, in making a
34-46 licensing decision on a specific license application to process [or
34-47 dispose of] low-level radioactive waste from other persons, shall
34-48 consider:
34-49 (1) site suitability, geological, hydrological, and
34-50 meteorological factors, and natural hazards;
34-51 (2) compatibility with present uses of land near the
34-52 site;
34-53 (3) socioeconomic effects on surrounding communities
34-54 of operation of the licensed activity and of associated
34-55 transportation of low-level radioactive waste;
34-56 (4) the need for and alternatives to the proposed
34-57 activity, including an alternative siting analysis prepared by the
34-58 applicant;
34-59 (5) the applicant's qualifications, including
34-60 financial, technical, and past operating practices;
34-61 (6) background monitoring plans for the proposed site;
34-62 (7) suitability of facilities associated with the
34-63 proposed activities;
34-64 (8) chemical, radiological, and biological
34-65 characteristics of the low-level radioactive waste and waste
34-66 classification under Section 401.053;
34-67 (9) adequate insurance of the applicant to cover
34-68 potential injury to any property or person, including potential
34-69 injury from risks relating to transportation;
35-1 (10) training programs for the applicant's employees;
35-2 (11) a monitoring, record-keeping, and reporting
35-3 program;
35-4 (12) spill detection and cleanup plans for the
35-5 licensed site and related to associated transportation of low-level
35-6 radioactive waste;
35-7 (13) decommissioning and postclosure care plans;
35-8 (14) security plans;
35-9 (15) worker monitoring and protection plans;
35-10 (16) emergency plans; and
35-11 (17) a monitoring program for applicants that includes
35-12 prelicense and postlicense monitoring of background radioactive and
35-13 chemical characteristics of the soils, groundwater, and vegetation.
35-14 (b) An applicant for the specific license must submit with
35-15 the application information necessary for the department [issuing
35-16 agency] to consider the factors under Subsection (a).
35-17 (c) The board [and commission each] within its jurisdiction
35-18 by rule shall provide specific criteria for the different types of
35-19 licensed low-level radioactive waste activities for the listed
35-20 factors and may include additional factors and criteria that the
35-21 board [or commission, as appropriate,] determines necessary for
35-22 full consideration of a license.
35-23 SECTION 37. Subsections (a) and(b), Section 401.113, Health
35-24 and Safety Code, are amended to read as follows:
35-25 (a) Before a hearing under Section 401.114 begins, the
35-26 department [agency holding the hearing] shall prepare or have
35-27 prepared a written analysis of the effect on the environment of a
35-28 proposed licensed activity that the department [agency] determines
35-29 has a significant effect on the human environment.
35-30 (b) The department [agency] shall make the analysis
35-31 available to the public not later than the 31st day before the date
35-32 of a hearing under Section 401.114.
35-33 SECTION 38. Section 401.114, Health and Safety Code, is
35-34 amended to read as follows:
35-35 Sec. 401.114. NOTICE AND HEARING. (a) Before the
35-36 department [or commission], within its jurisdiction, grants or
35-37 renews a license to process [or dispose of] low-level radioactive
35-38 waste from other persons, the agency shall give notice and shall
35-39 provide an opportunity for a public hearing in the manner provided
35-40 by the agency's formal hearing procedure and Chapter 2001,
35-41 Government Code.
35-42 (b) In addition to other notice, the department [agency]
35-43 shall publish notice of the hearing in the manner provided by
35-44 Chapter 313, Government Code, in the county in which the proposed
35-45 facility is to be located. The notice shall state the subject and
35-46 the time, place, and date of the hearing.
35-47 (c) The department [agency] shall mail, by certified mail in
35-48 the manner provided by the agency's rules, written notice to each
35-49 person who owns property adjacent to the proposed processing site.
35-50 The notice must be mailed not later than the 31st day before the
35-51 date of the hearing and must include the same information that is
35-52 in the published notice. If true, the department [agency] or the
35-53 applicant must certify that the notice was mailed as required by
35-54 this subsection, and at the hearing the certificate is conclusive
35-55 evidence of the mailing.
35-56 SECTION 39. Section 401.115, Health and Safety Code, is
35-57 amended to read as follows:
35-58 Sec. 401.115. LICENSES FROM OTHER AGENCIES. A holder of a
35-59 license to operate a facility to process [or dispose of] low-level
35-60 radioactive waste may not operate the facility until the holder has
35-61 obtained all other required licenses or permits from other
35-62 agencies.
35-63 SECTION 40. Subsections (a), (b), and (d), Section 401.116,
35-64 Health and Safety Code, are amended to read as follows:
35-65 (a) An amendment to a license to process [or dispose of]
35-66 low-level radioactive waste from other persons may take effect
35-67 immediately.
35-68 (b) The department [or commission, as appropriate,] shall
35-69 publish notice of the license amendment once in the Texas Register
36-1 and in a newspaper of general circulation in the county in which
36-2 the licensed activity is located and shall give notice to any
36-3 person who has notified the agency, in advance, of the desire to
36-4 receive notice of proposed amendment of the license.
36-5 (d) The department [agency] shall give notice and hold a
36-6 hearing to consider the license amendment if a person affected
36-7 files a written complaint with the agency before the 31st day after
36-8 the date on which notice is published under Subsection (b). The
36-9 agency shall give notice of the hearing as provided by Section
36-10 401.114.
36-11 SECTION 41. Section 401.117, Health and Safety Code, is
36-12 amended to read as follows:
36-13 Sec. 401.117. CONSTRUCTION LIMITATION. The department [or
36-14 commission] shall prohibit major construction relating to
36-15 activities to be permitted under a license issued by the agency to
36-16 process [or dispose of] low-level radioactive waste from other
36-17 persons until the requirements in Sections 401.113 and 401.114 are
36-18 completed.
36-19 SECTION 42. Section 401.151, Health and Safety Code, is
36-20 amended to read as follows:
36-21 Sec. 401.151. COMPATIBILITY WITH FEDERAL STANDARDS. The
36-22 department [and commission each] shall assure that the management
36-23 of low-level radioactive waste under its jurisdiction [their
36-24 respective jurisdictions] is compatible with applicable federal
36-25 commission standards.
36-26 SECTION 43. Section 401.152, Health and Safety Code, is
36-27 amended to read as follows:
36-28 Sec. 401.152. CORRECTIVE ACTION AND MEASURES. (a) If the
36-29 department [or commission], under procedures provided by Section
36-30 401.056, finds that low-level radioactive waste under its
36-31 jurisdiction threatens the public health and safety and the
36-32 environment and that the license holder managing the low-level
36-33 radioactive waste is unable to remove the threat, the agency by
36-34 order may require any action, including a corrective measure, that
36-35 is necessary to remove the threat.
36-36 (b) The department [agency] shall use the security provided
36-37 by the license holder to pay the costs of actions that are taken or
36-38 that are to be taken under this section. The agency shall send to
36-39 the comptroller a copy of its order together with necessary written
36-40 requests authorizing the comptroller to:
36-41 (1) enforce security supplied by the license holder;
36-42 (2) convert an amount of security into cash, as
36-43 necessary; and
36-44 (3) disburse from the security in the fund the amount
36-45 necessary to pay the costs.
36-46 SECTION 44. Subsection (b), Section 401.153, Health and
36-47 Safety Code, is amended to read as follows:
36-48 (b) A rule adopted under this section may not take effect
36-49 before the 24th month preceding the opening date of the permanent
36-50 management facility licensed [a low-level radioactive waste
36-51 disposal site authorized] under Chapter 402[,] and expires on the
36-52 date that the permanent management facility [disposal site] opens.
36-53 SECTION 45. Subsection (b), Section 401.301, Health and
36-54 Safety Code, is amended to read as follows:
36-55 (b) The board by rule shall set the fee in an amount that
36-56 may not exceed the actual expenses annually incurred to:
36-57 (1) process applications for licenses or
36-58 registrations;
36-59 (2) amend or renew licenses or registrations;
36-60 (3) make inspections of license holders and
36-61 registrants; and
36-62 (4) enforce this chapter and rules, orders, licenses,
36-63 and registrations under this chapter[; and]
36-64 [(5) collect payments to the low-level radioactive
36-65 waste fund and general revenue as provided by Section 402.2721].
36-66 SECTION 46. Subsections (a) and (c), Section 401.303, Health
36-67 and Safety Code, are amended to read as follows:
36-68 (a) The department or commission may require the holder of a
36-69 license issued by the agency under this chapter to pay annually to
37-1 the issuing agency an amount determined by the issuing agency if
37-2 continuing or perpetual maintenance, surveillance, or other care is
37-3 required after termination of a licensed activity.
37-4 (c) The issuing agency may review estimates of costs that
37-5 are required to be incurred under this chapter in accordance with
37-6 the need, nature, and cost of decontamination, stabilization,
37-7 decommissioning, reclamation, and disposal or other permanent
37-8 management activity and the maintenance and surveillance required
37-9 for public health and safety and the environment.
37-10 SECTION 47. Subsection (a), Section 401.381, Health and
37-11 Safety Code, is amended to read as follows:
37-12 (a) A person who violates a provision of this chapter
37-13 relating to an activity under the department's jurisdiction, a
37-14 department rule or order adopted or issued by the department under
37-15 this chapter, [or] a condition of a license issued by the
37-16 department under this chapter, or a condition of registration with
37-17 the department under this chapter [condition] is subject to a civil
37-18 penalty of not less than $100 or more than $25,000 for each
37-19 violation and for each day that a continuing violation occurs.
37-20 SECTION 48. Subsection (a), Section 401.382, Health and
37-21 Safety Code, is amended to read as follows:
37-22 (a) A person commits an offense if the person intentionally
37-23 or knowingly violates a provision of this chapter relating to an
37-24 activity under the department's jurisdiction, other than the
37-25 offense described by Section 401.383.
37-26 SECTION 49. Subsection (a), Section 401.383, Health and
37-27 Safety Code, is amended to read as follows:
37-28 (a) A person commits an offense if the person intentionally
37-29 or knowingly receives, processes, concentrates, stores, or
37-30 transports[, or disposes of] low-level radioactive waste without a
37-31 license that authorizes the activity issued under this chapter.
37-32 SECTION 50. Subsection (a), Section 401.412, Health and
37-33 Safety Code, is amended to read as follows:
37-34 (a) Notwithstanding any other provision of this chapter and
37-35 subject to Sections 401.102 and 401.415, the commission has sole
37-36 and exclusive authority to directly regulate and to grant, deny,
37-37 renew, revoke, suspend, amend, or withdraw licenses for the
37-38 disposal of:
37-39 (1) low-level radioactive waste, in accordance with
37-40 Chapter 402;
37-41 (2) by-product material except by-product material
37-42 defined by Section 401.003(3)(B);
37-43 (3) naturally occurring radioactive material waste
37-44 except oil and gas NORM waste;
37-45 (4) source material; and
37-46 (5) special nuclear material [radioactive substances.
37-47 In this subsection, "radioactive substance" does not include
37-48 by-product material as defined by Section 401.003(3)(B)].
37-49 SECTION 51. Subsection (a), Section 403.001, Health and
37-50 Safety Code, is amended to read as follows:
37-51 (a) The governor shall appoint six members to represent this
37-52 state on the commission established by Article III of the Texas
37-53 Low-Level Radioactive Waste Disposal Compact. One of the voting
37-54 members of the compact commission shall be a legal resident of the
37-55 host county. In this subsection, "host county" has the meaning
37-56 assigned by Section 2.01, Article II, Texas Low-Level Radioactive
37-57 Waste Disposal Compact (Section 403.006) [Hudspeth County, Texas].
37-58 SECTION 52. Section 7.033, Water Code, is amended to read as
37-59 follows:
37-60 Sec. 7.033. RECOVERY OF SECURITY FOR [CHAPTER 401, HEALTH
37-61 AND SAFETY CODE,] VIOLATION OF CHAPTER 401 OR 402, HEALTH AND
37-62 SAFETY CODE. (a) The commission shall seek reimbursement, either
37-63 by a commission order or by a suit filed under Subchapter D by the
37-64 attorney general at the commission's request, of security from the
37-65 radiation and perpetual care fund used by the commission to pay for
37-66 actions, including corrective measures, to remedy spills or
37-67 contamination by radioactive material resulting from a violation of
37-68 Chapter 401, Health and Safety Code, relating to an activity under
37-69 the commission's jurisdiction or a rule adopted or a license,
38-1 registration, or order issued by the commission under that chapter.
38-2 (b) The commission shall seek reimbursement, either by
38-3 commission order or by a suit filed under Subchapter D by the
38-4 attorney general at the commission's request, of security from the
38-5 permanent management facility decommissioning account used by the
38-6 commission under Section 402.092, Health and Safety Code.
38-7 SECTION 53. Section 7.111, Water Code, is amended to read as
38-8 follows:
38-9 Sec. 7.111. RECOVERY OF SECURITY FOR [CHAPTER 401, HEALTH
38-10 AND SAFETY CODE,] VIOLATION OF CHAPTER 401 OR 402, HEALTH AND
38-11 SAFETY CODE. On request by the commission, the attorney general
38-12 shall file suit to recover security under Section 7.033.
38-13 SECTION 54. Subsection (a), Section 7.184, Water Code, is
38-14 amended to read as follows:
38-15 (a) A person commits an offense if the person:
38-16 (1) intentionally or knowingly violates a provision of
38-17 Chapter 401, Health and Safety Code, relating to an activity under
38-18 the commission's jurisdiction, or Chapter 402, Health and Safety
38-19 Code, other than the offense described by Subdivision (2); or
38-20 (2) intentionally or knowingly receives, processes,
38-21 packages, concentrates, stores, transports, undertakes assured
38-22 isolation, retrieves, reuses, or disposes of low-level radioactive
38-23 waste without or in violation of a license issued by the commission
38-24 under Chapter 401 or 402, Health and Safety Code.
38-25 SECTION 55. Section 7.303, Water Code, is amended to read as
38-26 follows:
38-27 Sec. 7.303. GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE,
38-28 CERTIFICATE, OR REGISTRATION. (a) This section applies to a
38-29 license, certificate, or registration issued:
38-30 (1) by the commission under:
38-31 (A) Section 26.0301 or 26.459 of this code;
38-32 (B) Chapter 18, 32, 33, or 34 of this code;
38-33 (C) Section 361.0861, 361.092, or 361.112,
38-34 Health and Safety Code; or
38-35 (D) Chapter 366, 371, [or] 401, or 402, Health
38-36 and Safety Code;
38-37 (2) by a county under Subchapter E, Chapter 361,
38-38 Health and Safety Code; or
38-39 (3) under a rule adopted under any of those
38-40 provisions.
38-41 (b) After notice and hearing, the commission may suspend or
38-42 revoke a license, certificate, or registration the commission or a
38-43 county has issued, place on probation a person whose license,
38-44 certificate, or registration has been suspended, reprimand the
38-45 holder of a license, certificate, or registration, or refuse to
38-46 renew or reissue a license, certificate, or registration on any of
38-47 the following grounds:
38-48 (1) having a record of environmental violations in the
38-49 preceding five years at the licensed, certified, or registered
38-50 site;
38-51 (2) committing fraud or deceit in obtaining the
38-52 license, certificate, or registration;
38-53 (3) demonstrating gross negligence, incompetency, or
38-54 misconduct while acting as holder of a license, certificate, or
38-55 registration;
38-56 (4) making an intentional misstatement or
38-57 misrepresentation of fact in information required to be maintained
38-58 or submitted to the commission by the holder of the license,
38-59 certificate, or registration;
38-60 (5) failing to keep and transmit records as required
38-61 by a statute within the commission's jurisdiction or a rule adopted
38-62 under such a statute;
38-63 (6) being indebted to the state for a fee, payment of
38-64 a penalty, or a tax imposed by a statute within the commission's
38-65 jurisdiction or a rule adopted under such a statute;
38-66 (7) with respect to a license issued under Chapter 18,
38-67 failing to continue to possess qualifications necessary for the
38-68 issuance of an original license;
38-69 (8) with respect to a certificate of competency issued
39-1 under Section 26.0301, violating a discharge permit of a sewage
39-2 treatment plant, unless:
39-3 (A) the holder of the certificate is unable to
39-4 properly operate the sewage treatment facility due to the refusal
39-5 of the permit holder to authorize necessary expenditures to operate
39-6 the sewage treatment facility properly; or
39-7 (B) failure of the sewage treatment facility to
39-8 comply with its discharge permit results from faulty design of the
39-9 sewage treatment facility;
39-10 (9) with respect to a license issued under Chapter 32,
39-11 failing to advise a person for whom a well is being drilled that
39-12 injurious water has been encountered, is a pollution hazard, and
39-13 must be immediately plugged in an acceptable manner;
39-14 (10) with respect to a registration issued under
39-15 Chapter 366, Health and Safety Code, violating that chapter or a
39-16 rule adopted under that chapter; [or]
39-17 (11) with respect to a license issued under Subchapter
39-18 E, Chapter 361, Health and Safety Code, violating that chapter or
39-19 another applicable law or a commission rule governing the
39-20 processing, storage, or disposal of solid waste;
39-21 (12) with respect to a license issued by the
39-22 commission under Chapter 401, Health and Safety Code, violating a
39-23 provision of that chapter or a commission rule relating to an
39-24 activity under the commission's jurisdiction; or
39-25 (13) with respect to a license issued under Chapter
39-26 402, Health and Safety Code, violating that chapter or another law
39-27 applicable to the license holder or violating a commission rule
39-28 governing the processing, packaging, storage, assured isolation, or
39-29 disposal of low-level radioactive waste.
39-30 SECTION 56. Subchapter G, Chapter 7, Water Code, is amended
39-31 by adding Section 7.311 to read as follows:
39-32 Sec. 7.311. EMERGENCY SUSPENSION AND CORRECTIVE ACTION ORDER
39-33 FOR PERMANENT MANAGEMENT FACILITY. (a) If the commission has
39-34 reason to believe a violation of a license issued under Chapter
39-35 402, Health and Safety Code, has occurred or that a condition at
39-36 the permanent management facility licensed under that chapter
39-37 presents or threatens to present a danger to the public health or
39-38 safety or the environment, the commission by order may:
39-39 (1) summarily suspend the permanent management
39-40 license; and
39-41 (2) require the permanent management license holder to
39-42 take action to correct the alleged violation or condition.
39-43 (b) The commission shall provide the permanent management
39-44 license holder an opportunity for a hearing on the facts underlying
39-45 the order on written application to the commission received not
39-46 later than the 30th day after the date of the order. The
39-47 commission shall hold the requested hearing not earlier than the
39-48 11th day and not later than the 20th day after the date the
39-49 commission receives the license holder's written application for
39-50 the hearing.
39-51 (c) The commission shall affirmatively continue, modify, or
39-52 revoke a suspension or order based on the results of the hearing.
39-53 SECTION 57. Subsection (a), Section 7.351, Water Code, is
39-54 amended to read as follows:
39-55 (a) If it appears that a violation or threat of violation of
39-56 Chapter 16, 26, 28, or 34 of this code or Chapter 361, 371, 372, or
39-57 382, Health and Safety Code, or a provision of Chapter 401, Health
39-58 and Safety Code, under the commission's jurisdiction, or Chapter
39-59 402, Health and Safety Code, or a rule adopted or an order or a
39-60 permit issued by the commission under those chapters or provisions
39-61 has occurred or is occurring in the jurisdiction of a local
39-62 government, the local government or, in the case of a violation of
39-63 Chapter 401 or 402, Health and Safety Code, a person affected, as
39-64 defined by Section 401.003, Health and Safety Code [in that
39-65 chapter], may institute a civil suit under Subchapter D in the same
39-66 manner as the commission in a district court by its own attorney
39-67 for the injunctive relief or civil penalty, or both, as authorized
39-68 by this chapter against the person who committed, is committing, or
39-69 is threatening to commit the violation.
40-1 SECTION 58. Section 7.354, Water Code, is amended to read as
40-2 follows:
40-3 Sec. 7.354. COSTS AND FEES. A penalty collected in a suit
40-4 under this subchapter for a violation of Chapter 28 of this code or
40-5 Chapter 401 or 402, Health and Safety Code, shall be paid to the
40-6 state. If the suit is brought by a local government or, in the
40-7 case of a violation of Chapter 401 or 402, Health and Safety Code,
40-8 by a person affected as defined by Section 401.003, Health and
40-9 Safety Code [in that chapter], the court shall include in any final
40-10 judgment in favor of the local government or affected person an
40-11 award to cover reasonable costs and attorney's fees.
40-12 SECTION 59. Section 7.355, Water Code, is amended to read as
40-13 follows:
40-14 Sec. 7.355. COMPLAINTS. In the case of a violation of
40-15 Chapter 401 or 402, Health and Safety Code, a local government or
40-16 person affected as defined by Section 401.003, Health and Safety
40-17 Code, may file with the commission a written complaint and may
40-18 request an investigation of an alleged violation by a person who
40-19 holds a permit subject to the commission's jurisdiction.
40-20 SECTION 60. Section 7.357, Water Code, is amended to read as
40-21 follows:
40-22 Sec. 7.357. PROSECUTION. A local government or, in the case
40-23 of a violation of Chapter 401 or 402, Health and Safety Code, a
40-24 person affected as defined by Section 401.003, Health and Safety
40-25 Code, [in that chapter] may bring suit in the county in which the
40-26 alleged violation occurred or is about to occur, if the commission
40-27 does not have a suit filed before the 121st day after the date on
40-28 which the written complaint is filed under Section 7.355.
40-29 SECTION 61. The following provisions of the Health and
40-30 Safety Code are repealed:
40-31 (1) Subchapter F, Chapter 401;
40-32 (2) Section 401.306;
40-33 (3) Section 401.413;
40-34 (4) Sections 402.052 and 402.055;
40-35 (5) Subchapters E, F, and G, Chapter 402;
40-36 (6) Sections 402.211 through 402.215;
40-37 (7) Sections 402.218, 402.219, and 402.220;
40-38 (8) Sections 402.224, 402.225, and 402.226;
40-39 (9) Section 402.228;
40-40 (10) Section 402.2721; and
40-41 (11) Subsection (f), Section 402.275.
40-42 SECTION 62. (a) This Act takes effect September 1, 2001.
40-43 (b) The Texas Natural Resource Conservation Commission shall
40-44 formally propose all rules necessary to effect the receipt of
40-45 applications for and issuance of a license under Chapter 402,
40-46 Health and Safety Code, as amended by this Act, on or before June
40-47 1, 2002.
40-48 * * * * *