SRC-TJG H.B. 1567 78(R)    BILL ANALYSIS


Senate Research CenterH.B. 1567
By: West, George "Buddy" (Bivins)
Natural Resources
4/28/2003
Engrossed

DIGEST AND PURPOSE 

H.B. 1567 defines unsuitable sites for the disposal of low-level
radioactive waste; provides rules for the application process of disposing
of such radioactive waste; requires certain procedures for waste disposal
and conveyance; and requires certain levels of financial assurances
sufficient to provide for the decommissioning and long term care of such
facilities. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Board of Health in
SECTION 2 (Section 401.052, Health and Safety Code) and to the Texas
Department of Health in SECTION 7 (Sections 401.201, 401.204, 401.218,
401.224, and 401.232, Health and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 401.003(11), Health and Safety Code, to define
"perpetual care account" rather than "fund." 

SECTION 2.  Amends Sections 401.052(b), (c), (d), (e), and (f), Health and
Safety Code, as follows: 

(b) Requires rules adopted under this section for low-level radioactive
waste to meet certain conditions. 
 
(c)  Requires the Texas Board of Health (board), in adopting, rather than
promulgating, rules under this section, to consult with the radiation
advisory board (advisory board), rather than the Texas Commission on
Environmental Quality (TCEQ). 

 (d)(1)  Provides that fees assessed under Subsection (b)(5) are to follow
certain guidelines. 

(e) Requires money expended from the perpetual care account, rather than
radiation and perpetual care fund, to respond to accidents involving
low-level radioactive waste to be reimbursed to the perpetual care account
by the responsible shipper or transporter according to rules adopted by
the board.  Makes conforming changes. 

 (f)  Deletes the definition for "authority."  Makes a nonsubstantive
change. 

SECTION 3.  Amends Subchapter C, Chapter 401, Health and Safety Code, by
adding Section 401.071, as follows: 

Sec. 401.071.  GENERAL POWERS OF COMMISSION IN RELATION TO LOWLEVEL
RADIOACTIVE WASTE.  (a) Authorizes TCEQ to take certain actions. 

(b) Authorizes TCEQ, in carrying out its duties under this section, to
take certain actions. 

SECTION 4.  Amends Section 401.104(b), Health and Safety Code, to require
TCEQ by rule, except as provided by Subsection (e), to provide for
licensing for the disposal of radioactive material except for the disposal
of by-product material defined by Section 401.003(3)(B) and the  disposal
of low-level radioactive waste under Subchapter F.  Requires the Texas
Department of Health (TDH) by rule to provide for licensing the disposal
of by-product material defined by Section 401.003(3)(B). 

SECTION 5.  Amends Section 401.109, Health and Safety Code, as follows:

(a) Requires the Texas Department of Health (TDH) or TCEQ to deposit
security provided under this section to the credit of the perpetual care
account. 

(b) Requires TDH of TCEQ to require a holder of a license that authorizes
the disposal of low-level radioactive waste as provided by Subchapter F to
provide security acceptable to the agency to assure performance of the
license holder's obligations under this chapter. 

(c) Created from existing text.  Redesignates existing Subsection (c) as
(d) and redefines "security." 

SECTION 6.  Amends Section 401.152(b), Health and Safety Code, to make a
conforming change. 

SECTION 7.  Amends Subchapter F, Chapter 401, Health and Safety Code, as
follows: 

SUBCHAPTER F.  SPECIAL PROVISIONS CONCERNING LOW-LEVEL RADIOACTIVE WASTE
DISPOSAL 

Sec. 401.2005.  DEFINITIONS.  Defines "compact waste," "compact waste
disposal facility," "disposal facility site," "federal facility waste,"
"federal facility waste disposal facility," "host state," and "party
state."  

Sec. 401.201.  REGULATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL.
Requires TDH, rather than TCEQ, to directly regulate the disposal of
low-level radioactive waste in accordance with this subchapter. Requires
the person making the disposal to comply with this subchapter and TDH,
rather than TCEQ, rules. 
 
Sec. 401.202.  LICENSING AUTHORITY.  (a)  Authorizes TDH, rather than
TCEQ, to grant, deny, renew, revoke, suspend, or withdraw licenses for the
disposal of low-level radioactive waste from other persons and for the
processing of that waste. 
 
(b)  Requires TDH to receive applications for and to issue not more than
one license for a single compact waste disposal facility.  Authorizes TDH
to issue the license only for a facility that meets certain criteria. 

(c)  Requires TDH, except as provided by Section 401.216, to provide that
the disposal facility license authorizes only the disposal of compact
waste. 
 
 Sec.  401.203.  LICENSE RESTRICTED TO PUBLIC ENTITY.  Deletes this
section. 

Sec. 401.204.  ACQUISITION OF PROPERTY.  (a) Prohibits an application for
a compact waste disposal facility license from being considered unless the
applicant has acquired the title to and any  interest in land and
buildings as required by TDH, rather than TCEQ, rule. 

(b) Authorizes TDH, if an applicant for a compact waste disposal license
is unsuccessful in acquiring a mineral right that the rules adopted under
Subsection (a) require the applicant to acquire, to allow the applicant,
to the extent permissible under federal law, to enter into a surface use
agreement that restricts mineral access, including slant drilling and
subsurface mining, to the extent necessary to prevent intrusion into the
disposal facility site. 

(c) Requires the attorney general, if an applicant cannot reach a surface
use  agreement described by Subsection (b) with a private landowner, to,
on request of TDH, institute condemnation proceedings as provided under
Chapter 21, Property Code (Eminent Domain), to acquire the mineral rights. 

Sec. 401.205.  RESPONSIBILITIES OF PERSONS LICENSED TO DISPOSE OF
LOW-LEVEL RADIOACTIVE WASTE.  (a)  Makes nonsubstantive and conforming
changes. 

(b)  Requires the compact waste disposal facility license holder, if
authorized under Section 401.216 to dispose of federal facility waste, to
perform certain actions. 

Sec. 401.2051.  CONVEYANCE OF WASTE.  (a)  Requires the compact waste
disposal facility license holder to convey to the state at no cost to the
state title to the compact waste delivered to the disposal facility for
disposal at the time the waste is accepted at the site.  Provides that
acceptance occurs when the acceptance criteria specified in the license
have been satisfied.  Provides that this section does not apply to federal
facility waste accepted at a federal facility disposal facility. 
 
(b)  Provides that the title and all related rights and interest in
compact waste conveyed under this section are the property of TDH on the
state's behalf. Authorizes TDH to administer the waste as property in the
name of the state. 

Sec. 401.206.  RESIDENT INSPECTOR.  Makes conforming and nonsubstantive
changes. 

Sec. 401.207.  OUT-OF-STATE WASTE.  Makes nonsubstantive and conforming
changes.  Deletes existing text relating to accepting low-level
radioactive waster generated from a state having an operating low-level
radioactive waste disposal site at which that state is willing to accept
low-level radioactive waste generated in this state. 

Sec. 401.209.  ACQUISITION AND OPERATION OF LOW-LEVEL RADIOACTIVE WASTE
DISPOSAL SITES.  Makes conforming changes. 

Sec. 401.210.  TRANSFER COSTS OF PROPERTY.  Requires low-level radioactive
waste and land and buildings transferred to the state or to the federal
government under this chapter to be transferred to the state or to the
federal government without cost, other than administrative and legal costs
incurred in making the transfer. 
 
Sec. 401.211.  LIABILITY.  (a)  Provides that the transfer of the title to
low-level radioactive waste and land and buildings to the state or to the
federal government does not relieve a license holder of liability for any
act or omission, rather than fraudulent or negligent acts, performed
before the transfer or while the low-level radioactive waste or land and
buildings are in the possession and control of the license holder. 
 
(b)  Provides that the acceptance, storage, or disposal of federal
facility waste by the compact waste disposal facility license holder at a
federal facility waste disposal facility does not create any liability
under state law on the part of the state, or on the part of any officer or
agency of the state, for damages, removal, or remedial action with respect
to the land, the facility, or the low-level radioactive waste accepted,
stored, or disposed of. 
 
(c)  Requires the compact waste disposal facility license to require the
license holder to indemnify the state for any liability imposed on the
state under state or federal law, as required by TDH for the disposal of
federal facility waste. 
 
Sec. 401.212.  MONITORING, MAINTENANCE, AND EMERGENCY MEASURES. Makes a
conforming change. 

  Sec. 401.213.  INTERSTATE COMPACTS.  Makes a conforming change.
 
Sec. 401.214.  REGIONAL DISPOSAL FACILITY UNDER COMPACT.  Provides that
the compact waste disposal facility licensed under this subchapter is the
regional disposal facility established and operated under the compact
established under Chapter 403 for purposes of the federal Low-Level
Radioactive Waste Policy Act (LLRWPA), as amended by the Low-Level
Radioactive Waste Policy Amendments Act (LLRWPAA) of 1985 (42 U.S.C.
Sections 2021b-2021j). 

Sec. 401.215.  ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE.  Requires the
compact waste disposal facility, subject to limitations provided by
Sections 401.207 and 401.248, to accept for disposal all compact waste
that is presented to it and that is properly processed and packaged. 
 
Sec. 401.216.  FEDERAL FACILITY WASTE DISPOSAL.  (a)  Authorizes TDH to
license the compact waste disposal facility license holder to dispose of
federal facility waste.  Authorizes TDH to license federal facility waste
disposal only at a separate and distinct facility that is operated
exclusively for the disposal of federal facility waste and that is
adjacent to the compact waste disposal facility. 

(b)  Authorizes TDH to restrict the amount and type of federal facility
waste the compact waste disposal facility license holder may accept at the
separate adjacent facility.  Requires the restrictions to be based on the
performance objective established  by 10 C.F.R. Section 61.41. 

(c)  Prohibits TDH from allowing commingling of compact waste and federal
facility waste. 

(d) Prohibits the compact waste disposal facility license holder from
accepting federal facility waste at a federal facility waste disposal
facility until the license holder begins accepting compact waste at the
compact waste disposal facility. 
 
Sec. 401.217.  LOCATION OF DISPOSAL FACILITY SITE.  Prohibits TDH from
issuing a license for a compact waste disposal facility located in certain
areas. 

Sec. 401.218.  DISPOSAL OF CERTAIN WASTE.  (a)  Provides that in this
section, "Class A low-level radioactive waste," "Class B low-level
radioactive waste," and Class C low-leveled radioactive waste" have the
meanings assigned by TDH rule.  

(b)  Requires the compact waste disposal facility license holder to
dispose of Class B low-level radioactive waste and Class C low-level
radioactive waste according to certain guidelines. 

(c) Authorizes TDH, by rule, to require a compact waste disposal facility
license holder to dispose of certain Class A low-level radioactive wastes
that present a hazard because of their high radiation levels in the manner
required for Class B low-level radioactive waste and Class C low-level
radioactive waste under Subsection (b).  Requires rules adopted under this
subsection to be consistent with federal rules regarding classification of
low-level radioactive waste under 10 C.F.R. Part 61, to the extent
practicable. 
  
Sec. 401.219.  TECHNIQUES FOR MANAGING LOW-LEVEL RADIOACTIVE WASTE.  (a)
Requires an applicant, as a condition for obtaining a compact waste
disposal facility license, to submit to TDH or its designee evidence
relating to the reasonableness of any technique for managing low-level
radioactive waste to be practiced at the proposed disposal facility or
facilites. 

(b)  Requires an applicant, before determining the techniques to be used
for managing low-level radioactive waste, to study alternative techniques,
including  waste processing and reduction at the site of waste generation
and at the disposal facility and the use of aboveground isolation
facilities. 
 
Sec. 401.220.  DESIGN OF FACILITY.  Provides that the design of a disposal
facility should incorporate, to the extent practicable, safeguards against
hazards resulting from local meteorological conditions, including
phenomena such as hurricanes, tornados, earthquakes, earth tremors,
violent storms, and susceptibility to flooding. 

 Sec. 401.221.  MIXED WASTE.  (a)  Defines "mixed waste."

(b)  Requires the compact waste disposal facility license holder in
accepting mixed waste at the compact waste disposal facility or a federal
facility waste disposal facility to comply with Chapter 361, the Resource
Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.), as
amended, and this chapter. 
 
Sec. 401.222.  TERM OF LICENSE.  Provides that the compact waste disposal
facility license issued under this subchapter expires on the 15th
anniversary of its date of issuance and may be renewed for one or more
terms of 10 years. 
 
Sec. 401.223.  HEALTH SURVEILLANCE SURVEY.  Requires TDH and local public
health officials to develop a health surveillance survey for the
population located in the vicinity of the disposal facility site. 

Sec. 401.224.  PACKAGING OF RADIOACTIVE WASTE.  Requires TDH to adopt
rules relating to the packaging of radioactive waste. 

Sec. 401.225.  SHIPMENT OF LOW-LEVEL RADIOACTIVE WASTE.  (a)  Requires the
compact waste disposal facility license holder, on arrival of a shipment
of low-level radioactive waste at the compact waste disposal facility or a
federal facility waste disposal facility, to determine that the waste
complies with all laws, rules, and standards relating to processing and
packaging of low-level radioactive waste before the waste is accepted for
disposal at the facility. 
 
(b)  Requires a person making a shipment of low-level radioactive waste
that is in excess of 75 cubic feet to give the compact waste disposal
facility license holder written notice of the shipment at least 72 hours
before shipment to the disposal facility or a federal facility waste
disposal facility begins.  Requires the written notice to contain
information required by TDH. 
 
Sec. 401.226.  IMPROPERLY PROCESSED OR PACKAGED LOW-LEVEL RADIOACTIVE
WASTE.  (a)  Requires the compact waste disposal facility license holder,
if low-level radioactive waste that is not properly processed or packaged
arrives at the compact waste disposal facility or a federal facility waste
disposal facility, to properly process and package the waste for disposal
and charge the person making the shipment a fee to have the low-level
radioactive waste properly processed and packaged. 
 
(b)  Requires the compact waste disposal facility license holder to report
to the federal and state agencies that establish rules and standards for
processing, packaging, and transporting low-level radioactive waste any
person who delivers to the compact waste disposal facility or a federal
facility waste disposal facility low-level radioactive waste that is not
properly processed or packaged. 
 
Sec. 401.227.  SELECTION OF APPLICATION FOR COMPACT WASTE DISPOSAL
FACILITY LICENSE.  (a)  Requires TDH, in selecting an application for the
compact waste disposal facility license, to proceed under certain
guidelines. 

(b)  Requires TDH, if the selected application is rejected or denied by
TDH, to select the next highest comparative merit application and proceed
in accordance  with Subsection (a)(4). 
 
Sec. 401.228.  NOTICE TO RECEIVE APPLICATIONS.  Requires TDH, not later
than January 1, 2004, to give to the secretary of state for publication in
the Texas Register notice of certain information. 

Sec. 401.229.  APPLICATION PROCESSING FEE.  Requires an application for a
compact waste disposal facility license to include payment of an
application processing fee of $500,000 to TDH.  Prohibits TDH from
reviewing an application for administrative completeness until TDH
receives the application processing fee.  Provides that the application
processing fee is nonrefundable. 
 
Sec. 401.230.  RECEIPT OF APPLICATIONS.  (a)  Requires TDH, for a 30-day
period beginning 180 days after the date notice is published under Section
401.228, to accept applications for a compact waste disposal facility
license. 
 
(b)  Requires TDH, not later than the 45th day after the date an
application is received, to issue an administrative notice of deficiency
to each applicant whose application is timely submitted but is determined
by TDH to be administratively incomplete. 
 
(c)  Requires TDH to provide an applicant for whom an administrative
notice of deficiency is issued not more than three 30-day opportunities to
cure the noted deficiencies in the application. 
 
(d)  Requires TDH to reject any application that, after the period for
correcting deficiencies has expired, is not administratively complete. 

Sec. 401.231.  ADMINISTRATIVELY COMPLETE APPLICATION.  Requires TDH to
consider as administratively complete an application for which TDH has
received the portions of the application necessary to allow the review of
certain technical merits of the application, including specified items. 

Sec. 401.232.  EVALUATION OF APPLICATIONS; DEPARTMENT SELECTION.  (a)
Requires TDH to have prepared by TDH personnel or an independent
contractor a written evaluation of each administratively complete
application in terms of the criteria established under Sections
401.233-401.236. 

(b)  Requires TDH to conduct at least one public meeting in the county or
counties where a compact waste disposal facility or federal facility waste
disposal facility is to be located to receive public comments on the
administratively complete applications.  Requires TDH to set the time and
place of the meetings as soon as practicable after the close of the period
for administrative review of the applications. 

(c)  Authorizes TDH to issue a request for further information to each
applicant whose application is determined by the commissioner to be
insufficient for the purposes of TDH's evaluation. 
 
(d)  Requires TDH to provide an applicant for whom a request for further
information is issued two 30-day opportunities to adequately respond in
the discretion of TDH. 

(e)  Requires TDH to use the written evaluations and application materials
to evaluate each application according to the statutory criteria
established by Sections 401.233-401.236.  Requires TDH to evaluate each
application for each statutory criterion for purposes of comparing the
relative merit of the applications, giving equal weight to each criterion
within a tier of criteria and the greatest weight to tier 1 criteria,
greater weight to tier 2 criteria than to tier 3 criteria, and  the least
weight to tier 4 criteria. 
 
(f)  Authorizes TDH, by rule, to adopt criteria in addition to the
criteria under Sections 401.233-401.236, by which TDH may evaluate
applications, before publication of the notice of TDH's intention to
accept applications under Section 401.228.  Requires the criteria to be
consistent with those sections. 

(g) Requires TDH, based on the written evaluations and application
materials, to select the application that has the highest comparative
merit, not later than the 180th day after it receives the last timely
filed application. 
 
Sec. 401.233.  TIER 1 CRITERIA.  (a)  Requires TDH to consider as tier 1
certain criteria. 

(b)  Provides that there are certain natural characteristics of the
disposal facility site. 

(c)  Provides that adequacy of the proposed disposal facility or facilites
and activities include certain qualities. 

  (d)  Provides that financial assurance criteria include certain criteria.

Sec. 401.234.  TIER 2 CRITERIA.  Requires TDH to consider as tier 2
certain criteria. 
 
Sec. 401.235.  TIER 3 CRITERIA.  Requires TDH to consider as tier 3
criteria certain qualities of the applicant. 

Sec. 401.236.  TIER 4 CRITERIA.  Requires TDH to consider as tier 4
certain criteria. 

Sec. 401.237.  TECHNICAL REVIEW.  (a)  Requires TDH to begin a technical
review of the selected application, immediately on TDH's selection of the
application that has the highest comparative merit in accordance with
Section 401.232. 
 
(b)  Requires TDH to complete the technical review and prepare a draft
license not later than the 15th month after the month in which the
technical review begins. 

(c)  Requires TDH to give priority to the review of the selected
application over all other radioactive materials and waste licensing and
registration matters pending before TDH, except those the commissioner of
public health determines necessary to avert or address a health and safety
emergency. 

Sec. 401.238.  NOTICE OF DRAFT LICENSE AND OPPORTUNITY FOR HEARING.
Requires TDH, on completion of the technical review of the selected
application and preparation of the draft license, to publish, at the
applicant's expense, notice of the draft license and specify the
requirements for requesting a contested case hearing by a person affected.
Requires the notice to include a statement that the draft license is
available for review on the TDH website and that the draft license and the
application materials are available for review at TDH and in the county or
counties in which a site for the proposed disposal facility is located.
Requires notice to be published in the Texas register and in a newspaper
of general circulation in each county in which a site for the proposed
disposal facility is located.  Requires the applicant to mail the notice
by certified mail to each person who owns land adjacent to the site of the
proposed disposal facility site. 

Sec. 401.239.  CONTESTED CASE; FINAL ACTION ON APPLICATION.  (a) Requires
an administrative law judge of the State Office of Administrative Hearings
(SOAH) to conduct a contested case hearing on the application and draft
license if the applicant or a person affected requests a hearing. 
  
 (b)  Prohibits the administrative law judge from admitting as a party to
the contested case hearing a person other than the applicant, the
commissioner, or a person affected. 

(c)  Requires the administrative law judge to issue a proposal for
decision not later than the first anniversary of the publication date of
the notice of draft license published under Section 401.238. 
 
(d)  Requires TDH to take final action on the proposal for decision of the
administrative law judge not later than the 90th day after the date the
proposal is issued. 
 
Sec. 401.240.  JUDICIAL REVIEW.  (a)  Authorizes a person affected by an
action of the commissioner or TDH under this subchapter, notwithstanding
any other law, to file a petition for judicial review of the action only
after TDH takes final action on a license application under Section
401.239(d).  Requires a petition to be filed not later than the 30th day
after the date of the final action. 

(b)  Prohibits a court, in its review of an action under this subchapter,
from substituting its judgment for the judgment of the commissioner or TDH
on the weight of the evidence the commissioner or TDH considered, but
authorizes the court to affirm the action in whole or in part and requires
the court to reverse or remand the case for further proceedings if
substantial rights of the petitioner have been prejudiced because the
administrative findings, inferences, conclusions, or decisions fall under
certain criteria. 

Sec. 401.241.  SECURITY.  (a) Requires TDH, in determining the amount of
security required of a compact waste disposal facility license holder
under Section 401.109, to also consider the need for financial security to
address and prevent unplanned events that pose a risk to public health and
safety and that may occur after the decommissioning and closure of the
compact waste disposal facility or a federal facility waste disposal
facility licensed under Section 401.216.   

(b) Prohibits the amount of security required of a license holder under
this section from being less than $20 million.  Requires TDH to use
interest earned on the security to offset any other financial obligations
incurred by the license holder to TDH.   

(c) Authorizes TDH, in addition to the forms of security listed under
Section 401.109(c), to require a license holder under this subchapter to
provide security in the form of liability insurance. 

Sec. 401.242.  ACCEPTANCE OF WASTE.  (a) Requires TDH to require the
compact waste disposal facility license holder to follow, as closely as
possible, the schedule submitted to TDH under Section 401.231.  Authorizes
the license holder, if the compact waste disposal facility license holder
holds a permit to process, store, or dispose of hazardous waste under
Chapter 361, authorizes the license holder to accept hazardous waste
according to the schedule under Section 401.231 before the compact waste
disposal facility begins operation. 

(b) Prohibits the license holder from accepting low-level radioactive
waste at either the compact waste disposal facility or the federal
facility waste disposal facility until TDH finds that the license holder
is in compliance with the statute or rule found to be violate, if TDH
finds that the compact waste disposal facility license holder has violated
this chapter or any department rule in a manner that may endanger public
health or safety. 

Sec. 401.243.  COMPLIANCE HISTORY.  Requires TDH, after an opportunity for
a hearing, to deny an application for a license under this subchapter or
an amendment or  renewal for a license under this subchapter if the
applicant's compliance history reveals a recurring pattern of conduct that
demonstrates a consistent disregard for the regulatory process through a
history of violations of this chapter of TDH's rules under this chapter. 
 
SECTION 8.  Amends Section 402.252, Health and Safety Code, by
transferring it to Subchapter F, Chapter 401, Health and Safety Code,
renumbering it as Section 401.244, and amending it, as follows: 
 
Sec. 401.244.  New heading:  HOST COUNTY PUBLIC PROJECTS.  (a)  Requires
the compact waste disposal facility license holder each quarter to
transfer to the commissioners court of the host county 7.5 percent of
certain gross receipts. 
 
(b)  Authorizes the commissioners court of the host county to perform
certain acts, including spending money for public projects in the host
county. 
  
(c)  Authorizes money received from the compact waste disposal facility
license holder under this section to be spent only for public projects in
the host county that are for the use and benefit of the public at large.
Deletes text regarding guidelines for the expenditure of money received
under this section. 

(d)  Provides that funds received by the commissioners court of the host
county under this section are not loans or grants-in-aid subject to review
by a regional planning committee under Chapter 391, Local Government Code.
Deletes text regarding detailed accounting of the money held, expended, or
disbursed by the county. 
 
SECTION 9.  Amends Section 402.219, Health and Safety Code, by
transferring it to Subchapter F, Chapter 401, Health and Safety Code,
renumbering it as Section 401.248, and amending it, to delete existing
Subsection (a) relating to authorizing a disposal facility, rather than a
site, except as provided by an interstate compact, to accept only
low-level radioactive waste that is generated in this state.  Redesignates
existing Subsections (b)-(e) as (a)-(d). 
 
SECTION 10.  Amends Sections 402.272, 402.273, and 402.276, Health and
Safety Code, by transferring them to Subchapter F, Chapter 401, Health and
Safety Code, renumbering them as Sections 401.245, 401.246, and 401.247,
and amending them, as follows: 
 
Sec. 401.245.  New heading: COMPACT WASTE DISPOSAL FEES.  (a) Requires a
compact waste disposal facility license holder who receives low-level
radioactive waste for disposal pursuant to the TLLRWDC established under
Chapter 403 to have collected a waste disposal fee to be paid by each
person who delivers low-level radioactive waste to the compact waste
disposal facility, rather than the authority, for disposal. 
 
(b)  Makes a conforming change.
 
(d)  Authorizes rules adopted under this section to include provisions
establishing classification of customers and services and applicability
fees. 

(e) Requires fees adopted under this section to be consistent with the
criteria listed under Section 401.246. 

(f) Prohibits a rules or order adopted by TDH under this section from
conflicting with a ruling of a federal regulatory body. 

Sec. 401.246.  WASTE DISPOSAL FEE CRITERIA.  (a) Requires compact waste
disposal fees adopted by the board to be sufficient to perform certain
acts. 

(b) Requires TDH, to the extent practicable, to use certain methods used
by the Public Utility Commission of Texas when establishing overall
revenues, reasonable return, and invested capital for the purpose of
setting fees under  Subsection (a).  Deletes original text of Subsections
(b) and (c). 

Sec. 401.247.  New heading:  REASONABLE AND NECESSARY EXPENSES. Provides
that fees paid under this subchapter are reasonable and necessary expenses
for ratemaking purposes. 

SECTION 11.  Amends Section 402.275, Health and Safety Code, by
transferring it to Subchapter F, Chapter 401, Health and Safety Code,
renumbering it as Section 401.249, and amending it as follows: 

Sec. 401.249.  LOW-LEVEL RADIOACTIVE WASTE FUND.  (a) Provides that the
low-level radioactive waste fund is in the state treasury. 

(b)-(c) Make conforming changes.

(d) Provides that Section 403.095, Government Code (Use of Dedicated
Revenue), does not apply to the low-level radioactive waste fund.  Deletes
existing text relating to uses of money in the low-level radioactive waste
fund. 

(e) Provides that of each payment made by a party state under Section 5.01
of the compact established under Section 403.006 that is credited to the
low-level radioactive waste fund, certain percentages of the money are
used for certain purposes.  Deletes existing text regarding a payment for
debt service and related costs under Subsection (d)(7). 

(f) Authorizes TDH, rather than the authority, to transfer money from the
lowlevel radioactive waste fund to the perpetual care account to make
payments required by TDH under Section 401.303.  Makes conforming changes. 

SECTION 12.  Amends Section 401.270(e), Health and Safety Code, to make a
conforming change. 

SECTION 13.  Amends Section 401.301(b), Health and Safety Code, to require
the board by rule to set the fee in an amount that may not exceed the
actual expenses annually incurred take certain actions.  Deletes from the
list of those actions the collection of  payments to the low-level
radioactive waste fund and general revenue as provided by Section
402.2721. 

SECTION 14.  Amends Section 401.301(d), Health and Safety Code, to make
conforming changes. 

SECTION 15.  Amends Section 401.303(g), Health and Safety Code, to make a
conforming change. 

SECTION 16.  Amends Section 401.305, Health and Safety Code, as follows:

Sec. 401.305.  New heading: RADIATION AND PERPETUAL CARE ACCOUNT.  (a)
Provides that the radiation and perpetual care account is an account in
the general revenue fund, rather than the state treasury. 

(b)-(e) and (g) Make conforming changes.

SECTION 17.  Amends Section 401.342(b), Health and Safety Code, to make a
conforming change. 

SECTION 18.  Amends Section 401.343(a), Health and Safety Code, to make a
conforming change. 

SECTION 19.  Amends Section 403.001(a), Health and Safety Code, to make
nonsubstantive changes.  Requires one of the voting members of the compact
commission to be a legal resident  of the host county, rather than of
Hudspeth County, Texas.  

SECTION 20.  Amends Section 5.013(a), Water Code, to make a conforming
change. 

SECTION 21.  Amends Section 7.033, Water Code, to make a conforming change.

SECTION 22.  Repealer:  Sections 401.153 (Processing of Out-of-State
Low-Level Radioactive Waste) and 401.306 (Low-Level Radioactive Waste
Fund), Health and Safety Code, Chapter 402 (Low-Level Radioactive Waste
Disposal Authority), Health and Safety Code, and Section 51.0511, Natural
Resources Code (Sale or Lease of Land for Radioactive Waste Disposal
Site). 

SECTION 23.  Effective date:  September 1, 2003.