78R6664 JTS-F
By: Burnam H.B. No. 2568
A BILL TO BE ENTITLED
AN ACT
relating to the disposal or assured isolation of low-level
radioactive waste.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 402, Health and Safety
Code, is amended to read as follows:
CHAPTER 402. LOW-LEVEL RADIOACTIVE WASTE DISPOSAL AND ASSURED
ISOLATION [AUTHORITY]
SECTION 2. Section 402.001, Health and Safety Code, is
amended to read as follows:
Sec. 402.001. SHORT TITLE. This chapter may be cited as the
Texas Low-Level Radioactive Waste Management [Disposal Authority]
Act.
SECTION 3. Section 402.002, Health and Safety Code, is
amended to read as follows:
Sec. 402.002. FINDINGS; PURPOSE. (a) Low-level
radioactive waste is generated as a by-product of medical,
research, and industrial activities and through the operation of
nuclear power plants. Loss of capability to manage [dispose of]
low-level radioactive waste would threaten the health and welfare
of the citizens of this state and would ultimately lead to the loss
of the benefits of those activities that are dependent on reliable
facilities for low-level radioactive waste management [disposal].
(b) This state is currently dependent on low-level
radioactive waste disposal sites in other states. Events have
demonstrated that the availability of those sites for the
management of low-level radioactive waste [disposal] is
increasingly uncertain and as a consequence, medical institutions,
research facilities, and industries in this state could be
adversely affected. It is important to have a single, secure
location at which low-level radioactive waste is managed. Such a
location would enable the citizens of this state to have greater
security and decrease the possibility that low-level radioactive
waste would be stolen, lost, or used for illegal activities.
(c) The purpose of this chapter is to provide the Texas
Commission on Environmental Quality, the Texas Department of
Health, and the Texas Low-Level Radioactive Waste Disposal Compact
Commission with the powers to ensure that the state possesses
[establish the Texas Low-Level Radioactive Waste Disposal
Authority with responsibility for assuring] necessary disposal or
assured isolation capability for specific categories of low-level
radioactive waste.
SECTION 4. Section 402.003, Health and Safety Code, is
amended by amending Subdivisions (1), (2), (3), (5), (7), (8),
(11), (12), (13), and (14) and adding Subdivisions (15), (16), and
(17) to read as follows:
(1) "Assured isolation" means the operation of an
integrated management system for isolating low-level radioactive
waste, with the intent of long-term management and disposal of the
low-level radioactive waste, through robust, accessible
facilities, planned preventive maintenance, and sureties adequate
to address contingencies or implement future management
alternatives. ["Authority" means the Texas Low-Level Radioactive
Waste Disposal Authority.]
(2) "Assured isolation site" means the property and
facilities at which an assured isolation system is operated.
["Board" means the board of directors of the authority.]
(3) "Contract operator" means a political subdivision
or agency of the state or a private entity with which the commission
[authority] has entered into a contract under Section 402.212.
(5) "Disposal site" means the property and facilities
acquired, constructed, and owned by the commission [authority] at
which low-level radioactive waste can be processed and disposed of
permanently.
(7) "Management" means establishing, adopting, and
entering into and assuring compliance with the general policies,
rules, and contracts that govern the operation of a disposal or
assured isolation site.
(8) "Operation" means:
(A) the control, supervision, and implementation
of the actual physical activities involved in the receipt,
processing, packaging, storage, disposal, and monitoring of
low-level radioactive waste at a disposal site;
(B) the control, supervision, and implementation
of the actual physical activities involved in the receipt,
processing, packaging, storage, assured isolation, and monitoring
of low-level radioactive waste at an assured isolation site;
(C) [,] the maintenance of a disposal or assured
isolation site; [,] and
(D) any other responsibilities designated by the
commission [board] as part of the operation of a disposal or assured
isolation site.
(11) "Rangeland and wildlife management plan" means a
plan that applies rangeland and wildlife habitat management
techniques to land located in the vicinity of a disposal or assured
isolation site so that the natural productivity and economic value
of the land are enhanced.
(12) "Bond" means any type of obligation issued by the
commission [authority] under this chapter, including a certificate
of obligation, bond, note, draft, bill, warrant, debenture, interim
certificate, revenue or bond anticipation note, or other evidence
of indebtedness.
(13) "Host county" means the county in which the
disposal or assured isolation site is or will be located.
(14) "Commission" means the Texas [Natural Resource
Conservation] Commission on Environmental Quality.
(15) "Compact" means the Texas Low-Level Radioactive
Waste Disposal Compact under Section 403.006.
(16) "Compact commission" means the Texas Low-Level
Radioactive Waste Disposal Compact Commission.
(17) "Party state" has the meaning assigned by Section
2.01 of the compact.
SECTION 5. Section 402.020, Health and Safety Code, is
amended to read as follows:
Sec. 402.020. COMMISSION [AUTHORITY] OFFICES. The
commission [board] shall maintain[:
[(1) a central office in the city of Austin for
conducting the authority's business; and
[(2)] an [authority] office at the [each] disposal or
assured isolation site under construction or operated under this
chapter.
SECTION 6. Section 402.021, Health and Safety Code, is
amended to read as follows:
Sec. 402.021. COMMISSION [BOARD] MEETINGS IN HOST COUNTY.
[(a) The board shall hold regular quarterly meetings on dates
established by board rule and shall hold special meetings at the
call of the chairman or on the written request of one board member
to the chairman.
[(b)] In accordance with Chapter 551, Government Code, the
commission [board] shall hold an annual meeting in the host county
with officials and representatives of political subdivisions of the
host county to discuss concerns relating to the [that] disposal or
assured isolation site.
SECTION 7. Section 402.028, Health and Safety Code, is
amended to read as follows:
Sec. 402.028. CONTRACTS OVER $15,000. (a) Except as
provided by Subsections (b) and (c), if [If] the estimated amount of
a proposed contract for the purchase of materials, machinery,
equipment, or supplies is more than $15,000, the commission [board]
shall ask for competitive bids as provided by Subchapter B, Chapter
271, Local Government Code.
(b) The commission may use the design-build method for the
construction of a disposal or assured isolation site facility. In
using that method and entering into a contract for the services of a
design-build firm, the commission shall follow the procedures
authorized by Section 51.780, Education Code, for institutions of
higher learning.
(c) The commission may use a design-build-operate method
for the construction and operation of a disposal or assured
isolation site facility. If the commission chooses this option, the
commission shall follow the procedures authorized by Subsection (b)
and, in addition, by rule shall adopt and require for the facility
operator professional and performance qualifications that are
substantially similar, for the services being contracted for, to
the professional and performance requirements for architects and
engineers under Section 51.780, Education Code.
(d) This section does not apply to purchases of property
from public agencies or to contracts for personal [or professional]
services.
SECTION 8. Section 402.031, Health and Safety Code, is
amended to read as follows:
Sec. 402.031. CITIZENS ADVISORY COMMITTEE. (a) The
commission [board] shall create a citizens advisory committee to
perform oversight functions over a disposal or assured isolation
site.
(b) The committee shall begin to perform its functions not
earlier than the 30th day after the date on which construction of
the disposal or assured isolation site begins.
(c) Members of the committee shall be appointed for
three-year terms by the commission [board] after consultation with
officials of political subdivisions in the host county.
(d) The committee shall:
(1) conduct independent monitoring of disposal or
assured isolation site activities as authorized by guidelines
adopted by the commission [board];
(2) make recommendations to the commission [board]
concerning operations at the [disposal] site; and
(3) execute any other review and monitoring functions
as recommended by the committee and approved by the commission
[board].
(e) Reasonable notice as required by the commission [board]
must be given to the manager of a disposal or assured isolation
site before a committee member enters the [a disposal] site to
exercise any function authorized by this section. The commission
[board] shall provide for quarterly unannounced inspections of
[disposal] site activities.
SECTION 9. Section 402.032, Health and Safety Code, is
amended to read as follows:
Sec. 402.032. PURCHASING [AUTHORITY PURCHASE]. Except as
provided under Section 402.212, a [A] purchase by the commission
[authority] of supplies, materials, services, or equipment
necessary to prepare, construct, or operate a disposal or assured
isolation site is exempt from the purchasing requirements of
Subtitle D, Title 10, Government Code.
SECTION 10. The heading to Subchapter C, Chapter 402,
Health and Safety Code, is amended to read as follows:
SUBCHAPTER C. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT
SECTION 11. Section 402.051, Health and Safety Code, is
amended to read as follows:
Sec. 402.051. JURISDICTION OVER [DISPOSAL] SITE AND WASTE.
(a) The commission [authority] has jurisdiction over [site]
selection of a location for, and the[,] preparation, construction,
operation, maintenance, decommissioning, closing, and financing
of, a disposal or assured isolation site [sites].
(b) The commission may take any action regarding low-level
radioactive waste that is necessary to protect the public health
and safety and the environment, including monitoring or maintenance
of the disposal or assured isolation site and activities on the site
to prevent or alleviate an emergency involving low-level
radioactive waste.
(c) A license for a disposal or assured isolation site shall
be issued in the name of the commission and may not be transferred
to a private entity.
SECTION 12. Section 402.052, Health and Safety Code, is
amended to read as follows:
Sec. 402.052. DEVELOPMENT AND OPERATION OF DISPOSAL OR
ASSURED ISOLATION SITE. (a) The commission [authority] shall
develop and operate a single [one disposal] site for [the]
disposal, assured isolation, or both disposal and assured isolation
of low-level radioactive waste in this state.
(b) The commission may not develop or operate an assured
isolation site unless assured isolation conducted at the site
includes:
(1) above-grade concrete vaults with internal access
designed to isolate the low-level radioactive waste from the
environment, from which the waste is easily retrievable;
(2) individual monitoring of each low-level
radioactive waste structure or building;
(3) monitoring of the ground beneath the assured
isolation facility and the perimeter of the facility for leakage;
and
(4) active inspection and preventive maintenance.
SECTION 13. Section 402.053, Health and Safety Code, is
amended to read as follows:
Sec. 402.053. GENERAL POWERS. To carry out this chapter,
the commission [authority] may:
(1) apply for, receive, accept, and administer gifts,
grants, and other funds available from any source;
(2) contract with the federal government, the state,
interstate agencies, local governmental entities, and private
entities to carry out this chapter and rules, standards, and orders
adopted under this chapter;
(3) conduct, request, and participate in studies,
investigations, and research relating to selection, preparation,
construction, operation, maintenance, decommissioning, closing,
and financing of a disposal or assured isolation site [sites and
disposal of low-level radioactive waste]; and
(4) advise, consult, and cooperate with the federal
government, the state, interstate agencies, local governmental
entities in this state, and private entities.
SECTION 14. Section 402.054, Health and Safety Code, is
amended to read as follows:
Sec. 402.054. RULES, STANDARDS, AND ORDERS. The commission
[board] may adopt rules, standards, and orders necessary to
properly carry out this chapter and to protect the public health and
safety and the environment from the commission's [authority's]
activities.
SECTION 15. Sections 402.055(a) and (c), Health and Safety
Code, are amended to read as follows:
(a) The commission [board] may set reasonable civil
penalties for the violation of a rule, standard, or order.
(c) A penalty adopted by the commission [board] under this
section is in addition to any other penalty provided by state law
and may be enforced by complaint filed by the attorney general in a
court of appropriate jurisdiction in Travis County.
SECTION 16. Section 402.057, Health and Safety Code, is
amended to read as follows:
Sec. 402.057. REPORTS TO LEGISLATURE. Not later than the
60th day before the date each regular legislative session convenes,
the commission [authority] shall submit to the appropriate
legislative committees a biennial report that serves as a basis for
periodic oversight hearings on the commission's [authority's]
operations under this chapter and on the status of interstate
compacts and agreements. The report shall also discuss the status
of funds held, expended, or disbursed by the host county under
Section 402.252.
SECTION 17. Section 402.058, Health and Safety Code, is
amended to read as follows:
Sec. 402.058. HEALTH SURVEILLANCE SURVEY. The commission
[board], in cooperation with the department [commission, the Texas
Department of Health,] and local public health officials, shall
develop a health surveillance survey for the population located in
the vicinity of a disposal or assured isolation site.
SECTION 18. Sections 402.059(a), (b), and (c), Health and
Safety Code, are amended to read as follows:
(a) The commission and the department and their [authority,
its] employees, contractors, and agents may enter public or private
property to assess the suitability of land for [a] disposal or
assured isolation of low-level radioactive waste [site in Hudspeth
County, Texas].
(b) Before [Prior to] entering the property, the commission
[authority] shall give written notice to the landowner of the
purpose, extent, types of assessment activities to be conducted,
and probable duration of the entry, and shall cooperate with the
landowner to minimize, insofar as possible, any inconvenience to
the landowner.
(c) The commission is [authority shall be] liable to the
landowner for reasonable damages to the land that may result from
the commission's [authority's] activities under this section.
SECTION 19. The heading to Subchapter D, Chapter 402,
Health and Safety Code, is amended to read as follows:
SUBCHAPTER D. [DISPOSAL] SITE LOCATION SELECTION AND ACQUISITION
SECTION 20. Section 402.081, Health and Safety Code, is
amended to read as follows:
Sec. 402.081. [DISPOSAL] SITE LOCATION SELECTION STUDIES.
The commission [authority] shall make studies or contract for
studies to be made of the future requirements for the management
[disposal] of low-level radioactive waste in this state and to
determine the areas of the state that are relatively more suitable
than others for low-level radioactive waste management [disposal]
activities.
SECTION 21. Subchapter D, Chapter 402, Health and Safety
Code, is amended by adding Section 402.0815 to read as follows:
Sec. 402.0815. SITE LOCATION IN COUNTY BORDERING
INTERNATIONAL BOUNDARY PROHIBITED. A low-level radioactive waste
disposal or assured isolation site may not be located in a county
that is adjacent to an international boundary.
SECTION 22. Section 402.082, Health and Safety Code, is
amended to read as follows:
Sec. 402.082. SITE LOCATION SELECTION STUDY CRITERIA. (a)
Studies conducted [required] under Section 402.081 for the
selection of a disposal site must consider:
(1) the volume of low-level radioactive waste
generated by type and source categories for the expected life of the
disposal site, including waste that may be generated from the
decommissioning of nuclear power plants located in this state;
(2) geology;
(3) topography;
(4) transportation and access;
(5) meteorology;
(6) population density;
(7) surface and subsurface hydrology;
(8) flora and fauna;
(9) current land use;
(10) criteria established by the commission for
disposal site selection;
(11) the proximity of the disposal site to sources of
low-level radioactive waste, including related transportation
costs, to the extent that the proximity and transportation costs do
not interfere with selection of a suitable disposal site for
protecting public health and the environment;
(12) other disposal site characteristics that may need
study on a preliminary basis and for which detailed study would be
required to prepare an application or license required for a
disposal site [operation]; and
(13) alternative management techniques, including
[aboveground isolation facilities,] waste processing and reduction
at the site of waste generation and at a commission [an authority]
management site, and waste recycling.
(b) Studies conducted under Section 402.081 for the
selection of an assured isolation site must consider:
(1) the volume of low-level radioactive waste
generated by type and source categories for the expected life of the
assured isolation site, including waste that may be generated from
lost and stolen sources and the decommissioning of nuclear power
plants located in this state or another state that is a party state
under the compact;
(2) geology;
(3) hydrology;
(4) transportation and access;
(5) population density;
(6) meteorology;
(7) current land use;
(8) related transportation costs; and
(9) other criteria established by the department for
assured isolation site selection.
SECTION 23. Section 402.083, Health and Safety Code, is
amended to read as follows:
Sec. 402.083. CHOOSING SITE LOCATION [SITES] FOR FURTHER
ANALYSIS. (a) On completion of the studies required by Section
402.081, the commission [board] shall choose a location for a [at
least two] potential disposal or assured isolation site [sites] for
further analysis under Section 402.084.
(b) In choosing a location under this section, the
commission shall give preference to locations in a county in which
the commissioners court has passed a resolution that favors the
establishment of a low-level radioactive waste management facility
in the county.
SECTION 24. Section 402.084, Health and Safety Code, is
amended to read as follows:
Sec. 402.084. EVALUATION OF POTENTIAL SITE LOCATIONS
[SITES]. (a) For the [each] potential disposal or assured
isolation site location chosen under Section 402.083, the
commission [authority] shall evaluate or contract for the
evaluation of:
(1) preoperating costs;
(2) operating costs;
(3) maintenance costs;
(4) costs of decommissioning and extended care; and
(5) socioeconomic, environmental, and public health
impacts associated with the location [site].
(b) The socioeconomic impacts to be evaluated include fire,
police, education, utility, public works, public access, planning,
and other governmental services necessary for the proposed [and
assumed and perceived risks of the] disposal or assured isolation
site [sites and disposal] activities.
(c) Public officials and members of local boards or
governing bodies of local political subdivisions of the county
[state] in which a potential disposal or assured isolation site is
located shall be invited to participate in [appropriate] evaluation
activities as the commission considers appropriate.
SECTION 25. Section 402.085, Health and Safety Code, is
amended to read as follows:
Sec. 402.085. SITE LOCATION PROPOSAL. On receiving the
results of the studies and evaluations required by Sections
402.081, 402.084, and 402.087, the commission [board] shall propose
that the disposal or assured isolation site be located at the chosen
location if the location [a site that] appears to be [the most]
suitable for a disposal or assured isolation site. After the
commission has selected a location for the proposed disposal or
assured isolation site, the department [and] shall hold a [public]
hearing to consider whether that location [site] should be selected
as the location for the state's disposal or assured isolation site.
A hearing under this section shall be completed not later than the
end of the 15th month after the date the commission chooses a
location under Section 402.083.
SECTION 26. Section 402.086, Health and Safety Code, is
amended to read as follows:
Sec. 402.086. REPORT AND INFORMATIONAL SEMINARS. (a) Before
the department [board] gives notice of the hearing on a [the]
proposed disposal or assured isolation site, the commission
[authority] shall prepare a report that includes:
(1) detailed information regarding all aspects of the
[disposal] site selection process;
(2) criteria for [disposal] site selection as
established by the department [appropriate licensing authority];
and
(3) summaries of the studies required under Section
402.081 and the evaluations required under Section 402.084.
(b) The commission [authority] shall make the report
available to the public.
(c) The commission [authority] may contract for the
distribution of the report and may hold or contract with other
persons to hold informational seminars for the public.
SECTION 27. Section 402.087, Health and Safety Code, is
amended to read as follows:
Sec. 402.087. MEDIATION. (a) The department [authority]
may appoint a mediator to consider the views of parties interested
in the selection of a location for a disposal or assured isolation
site.
(b) The mediator may conduct a series of meetings with
delegates from groups of interested parties. The delegates are
selected according to criteria established by the commission
[board].
(c) Mediation meetings may be held in a county [the
counties] in which the potential disposal or assured isolation site
is [sites are] located and shall be held before the public hearing
required by Section 402.085. The commission may not delay a hearing
under Section 403.085 because of mediation.
(d) The mediator shall prepare a report and submit it to the
commission [board] before the commission [board] gives notice of
the public hearing.
SECTION 28. Sections 402.088(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) A hearing under Section 402.085 shall be held in Austin
[at the county courthouse of the host county].
(b) The department [board] shall give notice of the hearing
on the proposed disposal or assured isolation site by publishing
notice in English and Spanish in a newspaper published in Travis
County [the host county]. The notice must be published at least once
each week for four consecutive weeks beginning not later than the
31st day before the date set for the hearing.
SECTION 29. Section 402.089, Health and Safety Code, is
amended to read as follows:
Sec. 402.089. DEPARTMENT [BOARD] DETERMINATION;
RESTRICTIONS ON SELECTION NEAR RESERVOIR. (a) The department
[board] shall determine if the proposed location for the disposal
or assured isolation site should be selected after a thorough
consideration of:
(1) the studies and evaluations relating to site
selection;
(2) the criteria required to be used in those studies;
and
(3) testimony and evidence presented at the hearing.
(b) The department [board] may not select a location
[disposal site] under this subchapter that is within 20 miles
upstream or up-drainage from the maximum elevation of the surface
of a reservoir project that:
(1) has been constructed or is under construction by
the United States Bureau of Reclamation or the United States Corps
of Engineers; or
(2) has been approved for construction by the Texas
Water Development Board as part of the state water plan under
Subchapter C, Chapter 16, Water Code.
SECTION 30. Section 402.090, Health and Safety Code, is
amended to read as follows:
Sec. 402.090. ORDER DESIGNATING SITE LOCATION. If the
department [board] selects a proposed location for [disposal site
as] the disposal or assured isolation site, the department [board]
by order shall designate the location [site] as the disposal or
assured isolation site location not later than the 90th day after
the date the hearing under Section 402.085 is completed and shall
issue a final report.
SECTION 31. Section 402.091, Health and Safety Code, is
amended to read as follows:
Sec. 402.091. REJECTION OF PROPOSED SITE LOCATION. (a) If
the department [board] determines that a proposed location for the
disposal or assured isolation site should not be selected, the
department [board] shall issue an order rejecting the site and
shall call another hearing to consider another proposed [disposal]
site location that appears suitable from the studies and
evaluations.
(b) The commission and the department [board] shall
continue to follow the procedures of [disposal] site location
selection under this subchapter until a suitable location for the
disposal or assured isolation site is selected.
SECTION 32. Section 402.092, Health and Safety Code, is
amended to read as follows:
Sec. 402.092. FINAL REPORT. The department [authority]
shall submit to the governor and to the legislature for
informational purposes a copy of the final report and order
selecting a disposal or assured isolation site.
SECTION 33. Section 402.0922, Health and Safety Code, is
amended to read as follows:
Sec. 402.0922. EMINENT DOMAIN. The commission [authority]
may acquire land for a disposal or assured isolation site [within
the geographical area described in Section 402.0921] by
condemnation and in accordance with Chapter 21 of the Property
Code.
SECTION 34. Section 402.094, Health and Safety Code, is
amended to read as follows:
Sec. 402.094. ACQUISITION OF PROPERTY; LEASE OF PROPERTY
ACQUIRED. (a) The commission [authority] may acquire by gift,
grant, or purchase any land, easements, rights-of-way, and other
property interests necessary to construct and operate a disposal or
assured isolation site.
(b) The commission [authority] must acquire the fee simple
title to all land and property that is a part of the licensed
disposal or assured isolation site.
(c) The commission [authority] may lease property on terms
and conditions the commission [board] determines advantageous [to
the authority], but land that is part of a licensed disposal or
assured isolation site may be leased only through [from] the Texas
Public Finance Authority as provided by Chapter 1232, Government
Code.
(d) The commission [authority] may lease land owned by the
commission and acquired under this chapter [authority] that is not
part of a licensed disposal or assured isolation site. Land leased
by the commission [authority] under this section may be used only
for agricultural, ranching, or grazing purposes.
SECTION 35. Section 402.122, Health and Safety Code, is
amended to read as follows:
Sec. 402.122. ENTRY ON AND INVESTIGATION OF SCHOOL OR
UNIVERSITY LAND. The commission [authority] may enter and
investigate land dedicated to the permanent school fund or the
permanent university fund to determine the suitability of the land
for a disposal or assured isolation site.
SECTION 36. Section 402.123, Health and Safety Code, is
amended to read as follows:
Sec. 402.123. PROCEDURE FOR SELECTION AND SALE OF SCHOOL OR
UNIVERSITY LAND. (a) If the commission [board] determines that a
suitable disposal or assured isolation site can be located on land
dedicated to the permanent school fund or permanent university fund
and issues an order selecting that site as a proposed disposal or
assured isolation site, the School Land Board or the board of
regents of The University of Texas System, as appropriate, shall
authorize the commission [authority] to enter on the land to
conduct studies [a detailed technical characterization] of the
proposed [disposal] site as required by commission or department
rule.
(b) Notwithstanding any other law, if the commission
[board] determines at [the completion of the characterization
period and] the completion of the studies conducted under
Subsection (a) and of the studies required by Subchapter D that the
land should be purchased for the proposed disposal or assured
isolation site, the School Land Board or the board of regents of The
University of Texas System, as appropriate, shall have the land and
any minerals in the land appraised and shall sell the land to the
commission [authority] at the appraised value.
SECTION 37. Section 402.124, Health and Safety Code, is
amended to read as follows:
Sec. 402.124. PURCHASE OF SCHOOL OR UNIVERSITY LAND. (a)
The commission [authority] may enter into an agreement to purchase
a fee interest in land dedicated to the permanent school fund or the
permanent university fund by paying fair consideration in kind or
money to the appropriate fund.
(b) The commission [authority] may enter into an agreement
to purchase one or more parcels of land dedicated to the permanent
school fund or the permanent university fund of a size the
commission [board] considers appropriate for purposes of a disposal
or assured isolation site.
SECTION 38. Section 402.125, Health and Safety Code, is
amended to read as follows:
Sec. 402.125. TITLE TO SCHOOL OR UNIVERSITY LAND. (a) The
School Land Board or the board of regents of The University of Texas
System, as appropriate, shall convey to the commission [authority]
all title and interest to the surface and minerals in land sold
under Section 402.123.
(b) This section and Section 402.123 apply only to land
actually required for a [the] licensed disposal or assured
isolation site.
SECTION 39. Section 402.126, Health and Safety Code, is
amended to read as follows:
Sec. 402.126. RANGELAND AND WILDLIFE MANAGEMENT PLAN. (a)
To implement a rangeland and wildlife management plan, the
commission [authority] may lease from the School Land Board or the
board of regents of The University of Texas System property that is
dedicated to the permanent school fund or the permanent university
fund and that is proximate to a disposal or assured isolation site.
Land leased for a rangeland and wildlife management plan may not
exceed 65,000 acres.
(b) The commission [authority] shall lease from the School
Land Board on the School Land Board's terms and conditions the land
determined by the School Land Board as necessary to serve as a
buffer for the disposal or assured isolation site. Land leased
under this subsection shall be used by the commission [authority]
to implement a rangeland and wildlife management plan.
SECTION 40. Section 402.128, Health and Safety Code, is
amended to read as follows:
Sec. 402.128. APPLICABLE STANDARDS. The commission or the
department [authority] may not lessen any standards for the siting,
construction, or operation of a [the] disposal or assured isolation
site because the site is located on state-owned land dedicated to
the permanent school fund or the permanent university fund.
SECTION 41. Section 402.151, Health and Safety Code, is
amended to read as follows:
Sec. 402.151. PREPARATIONS FOR OBTAINING LICENSES AND
AUTHORIZATIONS. After selection of the disposal or assured
isolation site location, the commission [board] shall [direct the
general manager to] prepare necessary applications, disposal or
assured isolation plans, and other material for obtaining licenses
and other authorizations for the [disposal] site.
SECTION 42. Section 402.1511, Health and Safety Code, is
amended to read as follows:
Sec. 402.1511. DEPARTMENT TO ISSUE [COMMISSION] LICENSE.
(a) Notwithstanding any other provision of this chapter, the
department [commission] has sole authority to issue a license to
operate a disposal or assured isolation site under this chapter.
(b) The commission [authority] or any other entity
authorized by contract to operate a disposal or assured isolation
site under this chapter may not operate the [disposal] site unless
the commission [authority or entity] has first obtained an
operating license from the department [commission] under this
section.
(c) In connection with the necessary permits and licenses
for planning, construction, and operation of the proposed [The
authority or any other entity required by this chapter to obtain a
license to operate a] disposal or assured isolation site, [under
this chapter is required to obtain the license from] the commission
may grant permits and licenses to itself or to any division of the
commission in accordance with commission rules adopted for that
purpose [and not from the department].
(d) The commission and the department each may adopt any
rules reasonably necessary to exercise its authority under this
section.
SECTION 43. Section 402.152, Health and Safety Code, is
amended to read as follows:
Sec. 402.152. APPLICATIONS FOR LICENSES AND
AUTHORIZATIONS. (a) The commission [authority] shall submit to
each federal and state agency from which it must obtain licenses and
other types of authorization to construct and operate a disposal or
assured isolation site the necessary applications and information
to obtain those licenses and authorizations.
(b) [Notwithstanding any other law or other provision of
this chapter, the authority shall submit to the appropriate state
and federal agencies an application to construct and operate a
disposal site located within the geographical area described in
Section 402.0921.
[(c)] The commission [authority] shall maintain such field
offices and conduct such studies and activities as necessary to
provide information required to support the license application for
a disposal or assured isolation site [located within the
geographical area described in Section 402.0921].
(c) [(d)] The department [commission] shall complete its
review of the completeness and administrative sufficiency of an
[the] application within 60 [30] days of receipt of the application
from the commission [authority]. The commission [authority] shall
promptly respond to the department's [commission's] requests for
additional documentation or other information in order for the
department [commission] to complete its sufficiency review of the
application. If the department [commission] does not inform the
commission [authority] within 60 [45] days of receipt of the
application that the application is administratively sufficient,
the application is presumed to be administratively sufficient.
(d) [(e)] The department [commission] shall:
(1) expeditiously complete all activities associated
with the review and processing of an application, including the
publication of an environmental assessment, if required, so that
all actions are completed by the dates specified by Sections
402.085 and 402.090 [but excluding public hearings, and either
propose to issue or deny a license for the operation of the site no
later than 15 months after the date that the application is declared
or presumed to be administratively sufficient]; and
(2) give priority to the review of the application
over all other radioactive materials and waste licensing and
registration matters pending before the department [commission].
SECTION 44. Section 402.153, Health and Safety Code, is
amended to read as follows:
Sec. 402.153. COOPERATION WITH OTHER AGENCIES. The
commission [authority] shall cooperate with appropriate federal
and state agencies in the licensing and authorization process and
shall supply any additional information and material requested by
those agencies.
SECTION 45. Section 402.154, Health and Safety Code, is
amended to read as follows:
Sec. 402.154. TECHNIQUES FOR MANAGING LOW-LEVEL
RADIOACTIVE WASTE. (a) As a condition for obtaining a license, the
commission [authority] must submit to the department [commission or
its designee] evidence relating to the reasonableness of any
technique to be practiced at the proposed disposal or assured
isolation site for managing low-level radioactive waste.
(b) Before determining the techniques to be used for
managing low-level radioactive waste, the commission [authority]
shall study alternative techniques, including:
(1) waste processing and reduction at the site of
waste generation and at the disposal or assured isolation site; and
(2) the use of assured [aboveground] isolation
facilities.
SECTION 46. Section 402.155, Health and Safety Code, is
amended to read as follows:
Sec. 402.155. DENIAL OF LICENSE APPLICATION. If the
commission's [authority's] application for a license for the
proposed disposal or assured isolation site is denied, the
commission [board] shall select an alternative location for the
disposal or assured isolation site in the manner provided by
Subchapter D for the selection of the original proposed [disposal]
site.
SECTION 47. Section 402.156, Health and Safety Code, is
amended to read as follows:
Sec. 402.156. FINANCIAL SECURITY. (a) The commission
[authority] shall provide financial security in the form and manner
required by federal and state agencies under federal and state law
and rules.
(b) The commission [authority] shall provide supplemental
financial security as required by any federal or state agency.
SECTION 48. The heading to Subchapter G, Chapter 402,
Health and Safety Code, is amended to read as follows:
SUBCHAPTER G. [DISPOSAL] SITE CONSTRUCTION
SECTION 49. Section 402.181, Health and Safety Code, is
amended to read as follows:
Sec. 402.181. [DISPOSAL] SITE CONSTRUCTION. (a) The
commission [authority] shall construct or contract for the
construction of all works and facilities for [on] the disposal or
assured isolation site and shall make improvements necessary to
prepare the site for the management [for disposal and to
permanently dispose] of low-level radioactive waste.
(b) Preparation and construction of works and facilities
for [at] the disposal or assured isolation site must be done in a
manner that complies with rules and standards adopted by federal
and state agencies for disposal or assured isolation sites, as
appropriate, and with the commission's site management [authority's
disposal] plans.
(c) The commission may not begin construction of any part of
or any works associated with a low-level radioactive waste disposal
facility or assured isolation facility before the state has
acquired ownership of the land on which the facility is to be
located. This subsection does not prohibit the commission from
performing site characterizations on land not yet acquired by the
state.
SECTION 50. Section 402.182, Health and Safety Code, is
amended to read as follows:
Sec. 402.182. DESIGN OF FACILITIES. The commission [board]
shall ensure that the design of facilities for low-level
radioactive waste disposal or assured isolation incorporates, to
the extent [as far as] possible, safeguards against hazards
resulting from earthquakes, local meteorological conditions,
including phenomena such as hurricanes, tornados, and
[earthquakes, earth tremors,] violent storms, and susceptibility
to flooding.
SECTION 51. Section 402.183, Health and Safety Code, is
amended to read as follows:
Sec. 402.183. CONSTRUCTION CONTRACTS. (a) The commission
[authority] may contract with any person to construct any part of
the works, facilities, and improvements for [at] the disposal or
assured isolation site.
(b) The contract must specifically provide for termination
by the commission [authority] if the contractor fails to comply
with federal and state standards and rules or with the commission's
[authority's] disposal or assured isolation plans.
(c) If practicable, a person who contracts with the
commission [authority] shall obtain necessary supplies, equipment,
and material for use under that contract from sources located in the
host county and shall employ required personnel from that county.
SECTION 52. Section 402.184, Health and Safety Code, is
amended to read as follows:
Sec. 402.184. CONSTRUCTION CONTRACT BIDS. The commission
[authority] may enter into a construction contract requiring an
expenditure of more than $15,000 only after competitive bidding as
provided by Subchapter B, Chapter 271, Local Government Code.
SECTION 53. Section 402.185(a), Health and Safety Code, is
amended to read as follows:
(a) After a construction contract is awarded, if the
commission [authority] determines that additional work is needed or
if the character or type of work, facilities, or improvements
should be changed, the commission [board] may authorize change
orders to the contract on terms the commission [board] approves.
SECTION 54. Section 402.186, Health and Safety Code, is
amended to read as follows:
Sec. 402.186. CONSTRUCTION CONTRACT ATTACHMENTS. A
construction contract must contain or have attached to it the
specifications, plans, and details for work included in the
contract. The work must be done according to those specifications
and plans under the supervision of the commission [authority].
SECTION 55. Section 402.187, Health and Safety Code, is
amended to read as follows:
Sec. 402.187. EXECUTION AND AVAILABILITY OF CONSTRUCTION
CONTRACTS. (a) A construction contract must be in writing and
signed by a representative of the commission [authority] and the
contractor.
(b) The commission [authority] shall keep the contract in
its records and shall make the contract available for public
inspection.
SECTION 56. Section 402.188, Health and Safety Code, is
amended to read as follows:
Sec. 402.188. CONTRACTOR'S BOND. (a) A contractor must
execute a bond:
(1) in an amount determined by the commission [board]
but not to exceed the contract price;
(2) payable to the commission [authority] and approved
by the commission [board]; and
(3) conditioned on the faithful performance of the
obligations, agreements, and covenants of the contract.
(b) The bond must provide that if the contractor defaults on
the contract, the contractor will pay to the commission [authority]
all damages sustained as a result of the default.
(c) The commission [authority] shall deposit the bond in its
depository and keep a copy of the bond in the commission's
[authority's] central office.
SECTION 57. Section 402.189, Health and Safety Code, is
amended to read as follows:
Sec. 402.189. MONITORING CONSTRUCTION WORK. (a) The
commission [board] has control of construction being done for the
commission [authority] under contract and shall determine if the
contract is being fulfilled.
(b) The commission [board] shall have the construction work
inspected by engineers, inspectors, and other personnel of the
commission [authority].
(c) During the progress of the construction work, the
engineers, inspectors, and other personnel performing the
inspections shall submit to the commission [board] written reports
that show whether the contractor is complying with the contract.
(d) The engineers, inspectors, and other personnel shall
submit to the commission [board], on completion of construction
work, a final detailed written report including information
necessary to show whether the contractor has fully complied with
the contract.
SECTION 58. Sections 402.190(a), (b), (c), and (e), Health
and Safety Code, are amended to read as follows:
(a) The commission [authority] shall make progress payments
under construction contracts monthly as the work proceeds or at
more frequent intervals as determined by the commission [board].
(b) If requested by the commission [board], the contractor
shall furnish an analysis of the total contract price showing the
amount included for each principal category of the work in such
detail as requested to provide a basis for determining progress
payments.
(c) The commission [authority] shall retain 10 percent of
the estimated amount until final completion and acceptance of the
contract work. However, if the commission [board], at any time
after 50 percent of the work has been completed, finds that
satisfactory progress is being made, the commission [board] may
authorize any of the remaining progress payments to be made in full.
If the work is substantially complete, the commission [board], if
it finds the amount retained to be in excess of the amount adequate
for the protection of the commission [authority], may release to
the contractor all or a portion of the excess amount.
(e) When construction work is completed according to the
terms of the contract, the commission [board] shall draw a warrant
on the depository to pay any balance due on the contract.
SECTION 59. Section 402.211, Health and Safety Code, is
amended to read as follows:
Sec. 402.211. MANAGEMENT AND OPERATION OF DISPOSAL OR
ASSURED ISOLATION SITE. The commission [board] shall manage and,
if necessary, operate the disposal or assured isolation site
[sites] under this chapter. The management and operation must be in
compliance with laws, rules, and standards of federal and state
agencies that have jurisdiction over disposal or assured isolation
sites. The commission [board] shall take any action necessary
under this chapter to manage and operate the disposal or assured
isolation site [sites] in a manner that will protect the public
health and safety and the environment.
SECTION 60. Section 402.212, Health and Safety Code, is
amended to read as follows:
Sec. 402.212. CONTRACT FOR OPERATION OF DISPOSAL SITE. (a)
The commission, after bidding conducted in accordance with Section
402.028, [board] may contract with a political subdivision or
agency of the state or a private entity to perform the overall
operation of a disposal or assured isolation site.
(b) The commission [board] by rule shall establish criteria
for determining the competence of a political subdivision or agency
of the state or a private entity to perform the overall operation of
a disposal or assured isolation site.
(c) A contract under this section may not relieve the
commission [authority] of its management responsibility under this
chapter.
SECTION 61. Section 402.213, Health and Safety Code, is
amended to read as follows:
Sec. 402.213. CONTRACT AUTHORITY [OF BOARD]. In
contracting with a contract operator, the commission [board] may:
(1) select the contract operator before it obtains the
license for the disposal or assured isolation site so that the
commission [board] may allow the contract operator to advise and
consult with the commission, executive director [board, general
manager], and staff of the commission [authority] on the site's
design and the disposal or assured isolation plans for the site;
(2) require the contract operator to make all tests,
keep all records, and prepare all reports required by licenses
issued for disposal or assured isolation site operations;
(3) require standards of performance;
(4) require posting of a bond or other financial
security by the contract operator to ensure safe operation and
decommissioning of the disposal or assured isolation site; and
(5) establish other requirements, including operator
liability requirements, necessary to assure that the disposal or
assured isolation site is properly operated and that the public
health and safety and the environment are protected.
SECTION 62. Section 402.214, Health and Safety Code, is
amended to read as follows:
Sec. 402.214. PROVISIONS OF OPERATION CONTRACT. A contract
to operate a disposal or assured isolation site must specify that:
(1) the commission [board] retains management
authority over the [disposal] site and may monitor and inspect any
part of the site and operations on the site at any time;
(2) the contract operator must operate the [disposal]
site in a manner that complies with the law and licenses regulating
operations at the site that are issued by the commission or
department, as appropriate, and the federal government;
(3) the contract operator must comply with rules
adopted by the commission [board] that govern operation of the
[disposal] site; and
(4) the contract is subject to termination after
notice and hearing if the contract operator fails to comply with a
license issued for the [disposal] site by the commission or
department, as appropriate, or by the federal government, fails to
comply with the rules of the commission or department [authority],
or fails to comply with the contract.
SECTION 63. Section 402.215, Health and Safety Code, is
amended to read as follows:
Sec. 402.215. ON-SITE OPERATOR. (a) An on-site operator
who is responsible for all operations at the disposal or assured
isolation site shall supervise the [each disposal] site.
(b) The executive director [general manager] shall employ
the on-site operator at a disposal or assured isolation site
operated by the commission [authority].
(c) If the commission [authority] contracts for the overall
operation of a disposal or assured isolation site, the on-site
operator must be a representative of the contract operator.
SECTION 64. Section 402.216, Health and Safety Code, is
amended to read as follows:
Sec. 402.216. RULES RELATING TO DISPOSAL OR ASSURED
ISOLATION SITE. (a) The commission [board] shall adopt rules
governing:
(1) the operation of the disposal or assured isolation
site [sites];
(2) acceptance of low-level radioactive waste;
(3) maintenance and monitoring of the disposal or
assured isolation site [sites]; and
(4) activities relating to the management and
operation of the disposal or assured isolation site [sites].
(b) Rules adopted under this section may not be less
stringent than those adopted by the department [commission].
SECTION 65. Section 402.217, Health and Safety Code, is
amended to read as follows:
Sec. 402.217. [DISPOSAL] SITE ACTIVITIES. (a) The
commission [authority] may adopt any methods and techniques for
low-level radioactive waste management [permanent disposal] that
comply with federal and state standards for low-level radioactive
waste management [disposal] and that protect the public health and
safety and the environment.
(b) The commission [authority] may provide facilities at
disposal or assured isolation sites for processing and packaging
low-level radioactive waste [for disposal].
SECTION 66. Section 402.218, Health and Safety Code, is
amended to read as follows:
Sec. 402.218. ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE.
(a) Subject to limitations provided by Section 402.219, the [each]
disposal or assured isolation site shall accept for management
[disposal] all low-level radioactive waste that is presented to it
and that is properly processed and packaged.
(b) On acceptance by the disposal or assured isolation site,
title and liability for the low-level radioactive waste transfers
to the commission.
SECTION 67. The heading to Section 402.219, Health and
Safety Code, is amended to read as follows:
Sec. 402.219. LIMITATIONS ON ACCEPTANCE OF LOW-LEVEL
RADIOACTIVE WASTE [DISPOSAL].
SECTION 68. Section 402.219, Health and Safety Code, is
amended by amending Subsections (a), (b), and (c) and adding
Subsections (f) and (g) to read as follows:
(a) Except as provided by an interstate compact, a licensed
disposal or assured isolation site may accept only low-level
radioactive waste that is generated in this state.
(b) The commission [board] by rule shall exclude from a
licensed disposal or assured isolation site certain types of
low-level radioactive waste that are incompatible with site
[disposal] operations.
(c) The state may enter into compacts with another state or
several states for the acceptance and management [disposal] in this
state of low-level radioactive waste only if the compact:
(1) limits the total volume of all low-level
radioactive waste for disposal or assured isolation [to be disposed
of] in this state from the other state or states to 20 percent of the
annual average of low-level radioactive waste that the governor
projects will be produced in this state from the years 1995 through
2045;
(2) gives this state full administrative control over
management and operation of the disposal or assured isolation site;
(3) requires the other state or states to join this
state in any legal action necessary to prevent states that are not
members of the compact from delivering [disposing of] low-level
radioactive waste to [at] the disposal or assured isolation site;
(4) allows this state to charge a fee for the
management [disposal] of low-level radioactive waste at the
[disposal] site;
(5) requires the other state or states to join in any
legal action involving liability from the [disposal] site;
(6) requires the other state or states to share the
full cost of constructing the [disposal] site;
(7) allows this state to regulate, in accordance with
federal law, the means and routes of transportation of the
low-level radioactive waste in this state;
(8) requires the other state or states to pay for
community assistance projects selected by the host county in an
amount not less than $1 million or 10 percent of the amount
contributed by the other state or states;
(9) is agreed to by the Texas Legislature, the
legislature of the other state or states, and the United States
Congress; and
(10) complies with all applicable federal law.
(f) Notwithstanding any other law, neither the commission
nor the contract operator may accept from a state other than this
state, Maine, or Vermont any low-level radioactive waste for
disposal or assured isolation at a compact facility unless:
(1) disposal or assured isolation of low-level
radioactive waste from that state at that compact facility has been
approved by the compact commission as provided in the compact;
(2) the total volume of low-level radioactive waste to
be accepted from all states other than this state, Maine, and
Vermont will not exceed 10 percent of the volume expected to be
placed in the compact facility by the host state generators during
the operating life of the compact facility;
(3) the commission properly contracts with the
generator of the low-level radioactive waste; and
(4) the acceptance of the low-level radioactive waste
complies with all rules and license limitations for the compact
facility established by the commission and the department.
(g) The total volume of low-level radioactive waste
authorized to be accepted from states other than this state, Maine,
and Vermont by Subsection (f)(2) is in addition to the amount
authorized by and established under Section 3.04(11) of the
compact.
SECTION 69. Section 402.220, Health and Safety Code, is
amended to read as follows:
Sec. 402.220. EMERGENCY RESPONSE. (a) To protect the
public health and safety and the environment, the commission
[board], after notice and hearing, shall adopt an emergency
response plan for the [each] disposal or assured isolation site to
be implemented if the [disposal] site becomes a threat to the public
health or safety or to the environment.
(b) The commission [authority] shall cooperate with and
seek the cooperation of federal and state agencies responsible for
regulating disposal or assured isolation sites and of federal,
state, and local agencies engaged in disaster relief activities.
(c) The commission [authority] may construct or contract
for the construction of facilities and procure equipment required
to provide fire, police, and emergency medical services needed to
support the disposal or assured isolation site.
(d) The facilities shall be:
(1) constructed proximate to the disposal or assured
isolation site or in the nearest community, as determined by the
commission [board]; and
(2) in operation before the first day of operation of
the [disposal] site.
(e) The commission [board] may contract with local
governments, political subdivisions, or nonprofit corporations to
operate these facilities.
SECTION 70. Section 402.221(b), Health and Safety Code, is
amended to read as follows:
(b) An inspector employed by the department or under
contract with the department shall inspect all packaged radioactive
waste before it is transported to a [permanent] disposal or assured
isolation site in this state.
SECTION 71. Section 402.222, Health and Safety Code, is
amended to read as follows:
Sec. 402.222. SHIPMENT OF LOW-LEVEL RADIOACTIVE WASTE. (a)
On arrival of a shipment of low-level radioactive waste at the [a]
disposal or assured isolation site, the on-site operator or the
operator's agent must 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 or assured isolation at the [disposal] site.
(b) A person making a shipment of low-level radioactive
waste that is in excess of 75 cubic feet shall give the on-site
operator of the disposal or assured isolation site written notice
of the shipment at least 72 hours before shipment to the [disposal]
site begins. The written notice must contain information required
by the commission [board].
SECTION 72. Section 402.223, Health and Safety Code, is
amended to read as follows:
Sec. 402.223. IMPROPERLY PROCESSED OR PACKAGED LOW-LEVEL
RADIOACTIVE WASTE. (a) If low-level radioactive waste that is not
properly processed or packaged arrives at the [a] disposal or
assured isolation site, the on-site operator or the operator's
agent shall properly process and package the waste for disposal or
assured isolation, as appropriate, and charge the person making the
shipment the fee required by Section 402.274.
(b) The on-site operator or the operator's agent shall
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 [a] disposal or
assured isolation site low-level radioactive waste that is not
properly processed or packaged.
SECTION 73. Section 402.224(a), Health and Safety Code, is
amended to read as follows:
(a) An on-site operator who accepts mixed waste at the [a]
disposal or assured isolation site shall comply with Chapter 361
(Solid Waste Disposal Act), the Resource Conservation and Recovery
Act of 1976 (42 U.S.C. 6901 et seq.), and this chapter.
SECTION 74. Section 402.225, Health and Safety Code, is
amended to read as follows:
Sec. 402.225. BELOWGROUND DISPOSAL RESTRICTED. Low-level
radioactive waste may not be disposed of in a landfill below the
natural level of a disposal site unless:
(1) [federal or state regulatory programs for
low-level radioactive waste preclude or recommend against
aboveground disposal, or the authority has by rule determined that
belowground disposal provides greater protection than aboveground
disposal for public health and the environment for the period for
which the low-level waste will continue to pose a hazard to public
health and the environment;
[(2)] the low-level radioactive waste is contained
within a reinforced concrete barrier or within containment
structures made of materials technologically equivalent or
superior to reinforced concrete; and
(2) [(3)] the low-level radioactive waste is
contained in such a manner that it can be monitored and retrieved.
SECTION 75. Section 402.226(a), Health and Safety Code, is
amended to read as follows:
(a) The commission [authority] may not use shallow land
burial or improved shallow land burial as a [the] disposal
technique at the licensed disposal or assured isolation site.
SECTION 76. Section 402.228, Health and Safety Code, is
amended to read as follows:
Sec. 402.228. DECOMMISSIONING AND CLOSING [DISPOSAL] SITE.
(a) On a finding by the commission [board], after notice and
hearing, that a disposal or assured isolation site should be
closed, the commission [authority] and the contract operator, if
any, shall decommission the [disposal] site in compliance with
federal and state law, rules, and standards and with rules and plans
of the commission [authority].
(b) On completion of decommissioning activities and receipt
of necessary approval from federal and state agencies, the
commission [board] shall, if required by law, transfer to the state
or the department, as appropriate [commission] fee simple title to
the disposal or assured isolation site.
SECTION 77. Sections 402.252(a), (c), and (d), Health and
Safety Code, are amended to read as follows:
(a) The commission each quarter [board] shall [quarterly]
transfer money in the low-level radioactive waste fund generated by
[planning and implementation fee surcharges under Sections
402.2721(e) and (f), and] that portion of waste acceptance
[disposal] fees identifiable as adopted for the purposes of
Sections 402.273(a)(3) and (b) to the commissioners court of the
host county.
(c) Money received from the low-level radioactive waste
fund under this section may be spent only for local public projects
that are for the use and benefit of the public at large. The
commission [board] shall adopt guidelines for the expenditure of
money received under this section, and the commissioners court
shall spend or disburse the money for use according to those
guidelines.
(d) Annually the commissioners court shall provide to the
commission [board] a detailed accounting of the money held,
expended, or disbursed by the county.
SECTION 78. Section 402.271, Health and Safety Code, is
amended to read as follows:
Sec. 402.271. COMMISSION'S [AUTHORITY'S] EXPENSES. The
commission's [authority's] expenses shall be paid from:
(1) waste acceptance [disposal] fees;
(2) surcharge rebates made by the United States
Department of Energy pursuant to Pub. L. No. 99-240 [planning and
implementation fees];
(3) proceeds from the sale of bonds under Subchapter
K;
(4) contributions from members of a low-level
radioactive waste compact entered into under Section 402.219(c);
(5) appropriations made by the legislature; and
(6) other receipts, fees, and interest earned in funds
authorized by or collected under this subchapter and deposited in
the low-level radioactive waste fund.
SECTION 79. Section 402.272, Health and Safety Code, is
amended to read as follows:
Sec. 402.272. WASTE ACCEPTANCE [DISPOSAL] FEES. (a) The
commission [board] shall have collected a waste acceptance
[disposal] fee to be paid by each person who delivers low-level
radioactive waste to the disposal or assured isolation site
[authority] for disposal or assured isolation.
(b) The commission [board] by rule shall adopt and
periodically revise waste acceptance [disposal] fees according to a
schedule that is based on the projected annual volume of low-level
radioactive waste received, the relative hazard presented by each
type of low-level radioactive waste that is generated by the users
of radioactive materials, and the costs identified in Section
402.273.
(c) In determining relative hazard, the commission [board]
shall consider the radioactive, physical, and chemical properties
of each type of low-level radioactive waste.
SECTION 80. Section 402.273, Health and Safety Code, is
amended to read as follows:
Sec. 402.273. WASTE ACCEPTANCE [DISPOSAL] FEE CRITERIA.
(a) Waste acceptance [disposal] fees adopted by the commission
[board] must be sufficient to:
(1) allow the commission [authority] to recover
operating and maintenance costs;
(2) provide an amount necessary to meet future costs
of decommissioning, closing, and postclosure maintenance and
surveillance of the disposal or assured isolation site;
(3) provide an amount to fund local public projects
under Subchapter I;
(4) provide an amount sufficient to fund, in whole or
in part, a rangeland and wildlife management plan;
(5) provide an amount necessary to pay licensing fees
and to provide security required by the commission or department
[under law and commission] rules; and
(6) provide an amount necessary to fund debt service
and necessary fees and charges, including insurance premiums and
similar costs, associated with the issuance and payment of bonds
under Subchapter K.
(b) This subsection applies only if the commission
[authority] does not issue bonds under Subchapter K. The waste
acceptance [disposal] fees must also include an amount sufficient
to allow the commission [authority] to recover expenses incurred
before beginning operation of the disposal or assured isolation
site amortized over a period of not more than 20 years beginning on
the first day of operation of the [disposal] site. The fees must be
sufficient to recover the depository interest that the general
revenue fund would have earned had the fund not been used to pay
expenses incurred before the [disposal] site begins operation.
Depository interest recovered under this subsection shall be
deposited to the credit of the general revenue fund. Principal
recovered under this subsection shall be deposited to the credit of
the general revenue fund until the amount deposited has fully
reimbursed the fund for expenses paid from the fund before the
[disposal] site begins operation. The remainder of the principal
shall be deposited as provided by Section 402.272(a).
(c) The amount required by Subsection (a)(3) may not be less
than 10 percent of the annual gross receipts from waste received at
the disposal or assured isolation site.
SECTION 81. Section 402.274, Health and Safety Code, is
amended to read as follows:
Sec. 402.274. PROCESSING AND PACKAGING FEES. The
commission [board] by rule shall adopt and periodically revise
processing and packaging fees according to a schedule that is based
on the volume of improperly processed or packaged low-level
radioactive waste delivered to the site for disposal or assured
isolation and on the cost to the commission [authority] for
properly processing and packaging the low-level radioactive waste
in compliance with federal and state standards.
SECTION 82. Section 402.275, Health and Safety Code, is
amended by amending Subsections (c), (d), and (f) and adding
Subsections (g) and (h) to read as follows:
(c) Money received by the commission [authority], including
waste acceptance [disposal] fees, [planning and implementation
fees, surcharges on planning and implementation fees,] processing
and packaging fees, civil penalties, payments to this state under
Pub. L. No. 99-240, payments made by a party state [to a low-level
radioactive waste compact entered into] under Section 5.01 of the
compact [402.219(c)], and other receipts collected by the
commission [authority] under this chapter, shall be deposited to
the credit of the low-level radioactive waste fund.
(d) Except as provided by Subsection (f), money in the
low-level radioactive waste fund may be used to pay:
(1) operating and maintenance costs of the commission
[authority];
(2) future costs of decommissioning, closing, and
postclosure maintenance and surveillance of the disposal or assured
isolation site;
(3) licensing fees and to provide security required by
the commission or department, as appropriate;
(4) money judgments rendered against the commission or
the department [authority] that are directed by a court of this
state to be paid from this fund;
(5) expenses associated with implementation of the
rangeland and wildlife management plan;
(6) funds for local public projects under Subchapter
I;
(7) debt service and necessary fees and charges,
including insurance premiums and similar costs, associated with the
issuance and payment of bonds under Subchapter K; and
(8) expenses for any other purpose under this chapter.
(f) The comptroller, on receipt of a payment made by a party
state under Section 5.01 of the compact, shall deposit the money to
the credit of [authority may transfer money from] the low-level
radioactive waste [fund to the radiation and] perpetual care
account [fund to make payments required by the commission under
Section 401.303].
(g) Payments to this state under Pub. L. No. 99-240 may be
used only for the purposes stated in the federal law. Payments made
by a party state under Section 5.01 of the compact may be used only
as provided by Subsection (h) or Section 402.277.
(h) Notwithstanding Subsections (c) and (f), the
comptroller shall deposit to the credit of the low-level
radioactive waste fund the first $25 million received from payments
by party states under Section 5.01 of the compact. Notwithstanding
Subsection (c), money deposited under this subsection may be
appropriated only for the construction by the commission of a
disposal or assured isolation site.
SECTION 83. Subchapter J, Chapter 402, Health and Safety
Code, is amended by adding Section 402.277 to read as follows:
Sec. 402.277. LOW-LEVEL RADIOACTIVE WASTE PERPETUAL CARE
ACCOUNT. (a) The low-level radioactive waste perpetual care
account is a special account in the treasury outside the general
revenue fund.
(b) The account consists of:
(1) payments made by party states under Section 5.01
of the compact and deposited to the credit of the account as
required by Section 402.275(f); and
(2) deposits to the account from waste acceptance fees
imposed under Section 402.273 in amounts determined by the
commission to meet commission or department requirements, as
appropriate.
(c) Interest earned on money in the account shall be
credited to the account.
(d) Subject to Subsection (e), money in the account may be
appropriated only for the long-term care and maintenance of a
state-owned facility for the disposal or assured isolation of
low-level radioactive waste, including use by the commission or the
department for decontamination, decommissioning, maintenance,
surveillance, control, storage, and disposal activities related to
the facility.
(e) Interest on money in the account may be used for normal
operating expenses of the commission as appropriated by the
legislature. The principal in the account may not be used for normal
operating expenses of the commission or the department.
SECTION 84. Section 402.291, Health and Safety Code, is
amended to read as follows:
Sec. 402.291. AUTHORITY TO ISSUE BONDS. (a) The commission
[authority] may issue, sell, and provide for the retirement of
bonds to:
(1) reimburse the general revenue fund for the
expenses incurred and paid by the commission [authority] in
selecting, seeking approval for, and constructing a disposal or
assured isolation site;
(2) pay the expenses of selecting, seeking approval
of, and constructing a disposal or assured isolation site that were
not paid from the general revenue fund; and
(3) provide required reserve funds and capitalized
interest, and to pay issuing expenses and other expenses associated
with the issuance and sale of bonds.
(b) The bonds may not be a debt or pledge of the faith and
credit of the state, the commission [authority], or a public
entity, but shall be payable from receipts collected by the
commission [authority] and credited to the low-level radioactive
waste fund and pledged to the payment of the bonds authorized under
this subchapter.
(c) The bonds must contain on their face a statement that:
(1) the state, the commission [authority], or a public
entity is not obligated to pay the principal of or interest on the
bonds; and
(2) the faith and credit and the taxing power of the
state or of a public entity is not pledged to the payment of the
principal of or interest on the bonds.
(d) The Texas Public Finance Authority, acting on behalf of
the commission [Texas Low-Level Radioactive Waste Disposal
Authority], shall issue all bonds authorized under this subchapter.
In connection with the issuance of those bonds, the Texas Public
Finance Authority is subject to all rights, duties, and conditions
provided by this subchapter with respect to the issuance of bonds by
the commission [Texas Low-Level Radioactive Waste Disposal
Authority].
SECTION 85. Section 402.292, Health and Safety Code, is
amended to read as follows:
Sec. 402.292. BOND [BOARD] AUTHORIZATION. (a) The
commission [board] may issue bonds by resolution or order.
(b) In the resolution or order authorizing the bonds, the
commission [board] may provide for the bonds to:
(1) be executed and delivered at any time as a single
issue or from time to time as several issues;
(2) be in any denomination and form, including
registered uncertified obligations not represented by written
instruments and commonly known as book-entry obligations, the
registration of ownership and transfer of which the commission
[authority] shall provide for under a system of books and records
maintained by a bank serving as trustee, paying agent, or bond
registrar;
(3) be in coupon or registered form;
(4) be payable in installments and have a maturity
date not to exceed 30 years from date of issuance;
(5) be subject to terms of redemption prior to
maturity;
(6) be payable at a place or places;
(7) bear no interest or bear interest at any rate or
rates, fixed, variable, floating, or otherwise determined by the
commission [board], not to exceed the maximum net effective
interest rate allowed by Chapter 1204, Government Code; and
(8) contain other provisions not inconsistent with
this subchapter.
(c) The commission's [authority's] bonds shall be:
(1) signed by the chairman of the commission [board
chairman or vice-chairman];
(2) attested to by the commission's executive director
[board's secretary]; and
(3) bear the commission's seal [of the authority].
SECTION 86. Section 402.293, Health and Safety Code, is
amended to read as follows:
Sec. 402.293. APPROVAL OF BONDS. Bonds issued under this
subchapter [Authority bonds] are subject to approval by the
attorney general and the Bond Review Board and registration by the
comptroller as provided by Chapters 1202 and 1231, Government Code.
SECTION 87. Section 402.294, Health and Safety Code, is
amended to read as follows:
Sec. 402.294. SALE OF BONDS; PROCEEDS OF SALE. (a) After
approval and registration, the commission [authority] may sell the
bonds at a public or private sale and in a manner provided in the
commission's [board's] resolution or order authorizing the sale.
(b) The commission [authority] shall establish and maintain
funds in the state treasury into which the proceeds from the sale of
the bonds are deposited, including an interest and sinking fund, a
reserve fund, and other funds established by the commission
[board].
(c) The commission [authority] may make an expenditure from
a fund established under Subsection (b) only for the purposes
prescribed by Section 402.291.
(d) The commission [board] may authorize the comptroller to
invest the money in a fund established under Subsection (b) in
investments allowed by law for state funds. Money earned on those
investments shall be deposited to the credit of that fund.
SECTION 88. Section 402.295, Health and Safety Code, is
amended to read as follows:
Sec. 402.295. REFUNDING BONDS. The commission [authority]
may issue bonds to refund all or part of its outstanding bonds,
including unpaid interest, in the same manner provided by law,
including Chapter 1207, Government Code.
SECTION 89. Section 402.296, Health and Safety Code, is
amended to read as follows:
Sec. 402.296. BONDS AS INVESTMENTS AND AS SECURITY FOR
DEPOSITS. (a) Bonds issued under this subchapter [Authority
bonds] are legal and authorized investments for:
(1) banks;
(2) investment companies;
(3) trust companies;
(4) savings and loan associations;
(5) insurance companies;
(6) fiduciaries;
(7) trustees; and
(8) sinking funds or special funds of the state and of
municipalities, counties, school districts, and political
subdivisions and public agencies of the state.
(b) The [Authority] bonds are eligible to secure deposits of
public funds of the state and of municipalities, counties, school
districts, and other political corporations or subdivisions of the
state. The bonds are lawful and sufficient security for deposits to
the extent of their value if accompanied by all unmatured coupons.
SECTION 90. Section 402.298, Health and Safety Code, is
amended to read as follows:
Sec. 402.298. BONDHOLDER REMEDIES. (a) If the commission
[authority] defaults in the payment of the principal of or interest
on [the] bonds issued under this subchapter when due, or fails to
observe or perform any other condition, covenant, or obligation
contained in the resolution or order authorizing the [authority]
bonds, the owner of a bond may enforce the condition, covenant, or
obligation through a mandamus proceeding or other legal procedure
provided by law.
(b) A default by the commission [authority] of a condition,
covenant, or obligation contained in the resolution or order
authorizing the bonds does not impose any pecuniary liability on
the state or on the commission [authority] or impose a charge on the
general credit of the state or of the commission [authority] or
against the taxing power of the state.
SECTION 91. Sections 401.011(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) The department is the Texas Radiation Control Agency.
The department has jurisdiction over activities and substances
regulated under this chapter except as provided by Subsection (b)
and Subchapter [Subchapters F and] K.
(b) The commission has jurisdiction to:
(1) operate the low-level radioactive waste disposal
or assured isolation site under Chapter 402; and
(2) regulate and license the disposal of:
(A) by-product material [radioactive substances]
except by-product material defined by Section 401.003(3)(B);
(B) naturally occurring radioactive material
waste except oil and gas NORM waste;
(C) source material; and
(D) special nuclear material.
SECTION 92. Section 401.015(c), Health and Safety Code, is
amended to read as follows:
(c) A person is not eligible to be appointed as a
representative of the public on the advisory board if that person or
that person's spouse is:
(1) engaged in an occupation in the health care field;
or
(2) employed by, participates in the management of, or
has a financial interest, other than as a consumer, in part of the
nuclear utility industry or in a business entity or other
organization that is licensed under [Subchapter F or] Subchapter G
or Chapter 402.
SECTION 93. Section 401.052(d)(1), Health and Safety Code,
is amended to read as follows:
(1) Fees assessed under this section shall:
(A) not exceed $10 per cubic foot of shipped
low-level radioactive waste;
(B) be collected by the commission [authority]
and deposited to the credit of the radiation and perpetual care
fund; and
(C) be used exclusively by the department for
emergency planning for and response to transportation accidents
involving low-level radioactive waste.
SECTION 94. Section 401.052(f), Health and Safety Code, is
amended to read as follows:
(f) In this section, "shipper"[:
[(1) "Shipper"] means a person who generates low-level
radioactive waste and ships or arranges with others to ship the
waste to a disposal site or permanent management facility.
[(2) "Authority" means the Texas Low-Level
Radioactive Waste Disposal Authority.]
SECTION 95. Section 401.061, Health and Safety Code, is
amended to read as follows:
Sec. 401.061. LOW-LEVEL RADIOACTIVE WASTE STUDIES. The
department and commission each within its jurisdiction shall
conduct studies of the need for low-level radioactive waste
processing [and disposal] facilities and technologies as the agency
considers necessary for minimizing the risks to the public and the
environment from low-level radioactive waste management.
SECTION 96. Section 401.063(a), Health and Safety Code, is
amended to read as follows:
(a) The department or commission or the agency's
representative may enter public or private property at reasonable
times to determine whether, in a matter under the agency's
jurisdiction, there is compliance with this chapter or Chapter 402
and the agency's rules, licenses, registrations, and orders under
this chapter or Chapter 402.
SECTION 97. Section 401.067, Health and Safety Code, is
transferred to Subchapter H, Chapter 402, Health and Safety Code,
as amended by this Act, redesignated as Section 402.229, Health and
Safety Code, and amended to read as follows:
Sec. 402.229 [401.067]. LOCAL GOVERNMENT INSPECTIONS. (a)
An agent or employee of a local government may examine and copy
during regular business hours records relating to activities
licensed under this chapter [Subchapter F]. Examinations and
copying of records must be done at the local government's expense
and are subject to limitations in Chapter 552, Government Code.
(b) Records copied under this section are public records
unless the record's owner shows to the satisfaction of the
commission that the records if made public will divulge trade
secrets. On such a showing, the commission shall consider the
copied records confidential.
(c) A local government agent or employee may not enter
private property that has management in residence unless the agent
or employee notifies the management, or person in charge, of the
agent's or employee's presence and exhibits proper credentials.
The agent or employee shall observe the rules of the establishment
being inspected relating to safety, internal security, and fire
protection.
SECTION 98. Section 401.101, Health and Safety Code, is
amended to read as follows:
Sec. 401.101. LICENSE AND REGISTRATION REQUIREMENT. (a)
Except as provided by Subsection (b), a [A] person may not use,
manufacture, produce, transport, transfer, receive, acquire, own,
possess, process, or dispose of a source of radiation unless that
person has a license, registration, or exemption from the
department or commission as provided by this chapter.
(b) A person may not receive low-level radioactive waste
from other persons for permanent management unless that person has
a license issued under Chapter 402 that authorizes the activity.
SECTION 99. Section 401.108(c), Health and Safety Code, is
amended to read as follows:
(c) The department [or commission] shall reevaluate every
five years the qualifications and security provided by a license
holder under [Subchapter F or] Subchapter G. The reevaluation may
coincide with license renewal procedures if renewal and
reevaluation occur in the same year.
SECTION 100. Section 401.111, Health and Safety Code, is
amended to read as follows:
Sec. 401.111. CRITERIA FOR CERTAIN UNSUITABLE NEW SITES FOR
PROCESSING LOW-LEVEL RADIOACTIVE WASTE. (a) The board [and
commission each], in adopting rules for the issuance of licenses
[under their respective jurisdictions] for new sites for processing
[or disposal of] low-level radioactive waste from other persons,
shall adopt criteria for the designation of unsuitable sites,
including:
(1) flood hazard areas;
(2) areas with characteristics of discharge from or
recharge of a groundwater aquifer system; or
(3) areas in which soil conditions make spill cleanup
impracticable.
(b) The board [and commission each] shall consult with the
State Soil and Water Conservation Board, the Bureau of Economic
Geology, and other appropriate state agencies in developing
proposed rules. The board [and commission each] by rule shall:
(1) require selection of sites in areas in which
natural conditions minimize potential contamination of surface
water and groundwater; and
(2) prohibit issuance of licenses for unsuitable sites
as defined by the rules.
SECTION 101. Section 401.112, Health and Safety Code, is
amended to read as follows:
Sec. 401.112. LOW-LEVEL RADIOACTIVE WASTE PROCESSING [OR
DISPOSAL] LICENSE APPLICATION AND CONSIDERATIONS. (a) The
department [or commission], within its jurisdiction, in making a
licensing decision on a specific license application to process [or
dispose of] low-level radioactive waste from other persons, shall
consider:
(1) site suitability, geological, hydrological, and
meteorological factors, and natural hazards;
(2) compatibility with present uses of land near the
site;
(3) socioeconomic effects on surrounding communities
of operation of the licensed activity and of associated
transportation of low-level radioactive waste;
(4) the need for and alternatives to the proposed
activity, including an alternative siting analysis prepared by the
applicant;
(5) the applicant's qualifications, including
financial and technical qualifications and compliance history
under the method for evaluation of compliance history developed by
the commission under Section 5.754, Water Code;
(6) background monitoring plans for the proposed site;
(7) suitability of facilities associated with the
proposed activities;
(8) chemical, radiological, and biological
characteristics of the low-level radioactive waste and waste
classification under Section 401.053;
(9) adequate insurance of the applicant to cover
potential injury to any property or person, including potential
injury from risks relating to transportation;
(10) training programs for the applicant's employees;
(11) a monitoring, record-keeping, and reporting
program;
(12) spill detection and cleanup plans for the
licensed site and related to associated transportation of low-level
radioactive waste;
(13) decommissioning and postclosure care plans;
(14) security plans;
(15) worker monitoring and protection plans;
(16) emergency plans; and
(17) a monitoring program for applicants that includes
prelicense and postlicense monitoring of background radioactive
and chemical characteristics of the soils, groundwater, and
vegetation.
(b) An applicant for the specific license must submit with
the application information necessary for the department [issuing
agency] to consider the factors under Subsection (a).
(c) The board [and commission each] within its jurisdiction
by rule shall provide specific criteria for the different types of
licensed low-level radioactive waste activities for the listed
factors and may include additional factors and criteria that the
board [or commission, as appropriate,] determines necessary for
full consideration of a license.
SECTION 102. Sections 401.113(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) Before a hearing under Section 401.114 begins, the
department [agency holding the hearing] shall prepare or have
prepared a written analysis of the effect on the environment of a
proposed licensed activity that the department [agency] determines
has a significant effect on the human environment.
(b) The department [agency] shall make the analysis
available to the public not later than the 31st day before the date
of a hearing under Section 401.114.
SECTION 103. Section 401.114, Health and Safety Code, is
amended to read as follows:
Sec. 401.114. NOTICE AND HEARING. (a) Before the
department [or commission], within its jurisdiction, grants or
renews a license to process [or dispose of] low-level radioactive
waste from other persons, the agency shall give notice and shall
provide an opportunity for a public hearing in the manner provided
by the agency's formal hearing procedure and Chapter 2001,
Government Code.
(b) In addition to other notice, the department [agency]
shall publish notice of the hearing in the manner provided by
Chapter 313, Government Code, in the county in which the proposed
facility is to be located. The notice shall state the subject and
the time, place, and date of the hearing.
(c) The department [agency] shall mail, by certified mail in
the manner provided by the agency's rules, written notice to each
person who owns property adjacent to the proposed processing site.
The notice must be mailed not later than the 31st day before the
date of the hearing and must include the same information that is in
the published notice. If true, the department [agency] or the
applicant must certify that the notice was mailed as required by
this subsection, and at the hearing the certificate is conclusive
evidence of the mailing.
SECTION 104. Section 401.115, Health and Safety Code, is
amended to read as follows:
Sec. 401.115. LICENSES FROM OTHER AGENCIES. A holder of a
license to operate a facility to process [or dispose of] low-level
radioactive waste may not operate the facility until the holder has
obtained all other required licenses or permits from other
agencies.
SECTION 105. Sections 401.116(a), (b), and (d), Health and
Safety Code, are amended to read as follows:
(a) An amendment to a license to process [or dispose of]
low-level radioactive waste from other persons may take effect
immediately.
(b) The department [or commission, as appropriate,] shall
publish notice of the license amendment once in the Texas Register
and in a newspaper of general circulation in the county in which the
licensed activity is located and shall give notice to any person who
has notified the agency, in advance, of the desire to receive notice
of proposed amendment of the license.
(d) The department [agency] shall give notice and hold a
hearing to consider the license amendment if a person affected
files a written complaint with the agency before the 31st day after
the date on which notice is published under Subsection (b). The
agency shall give notice of the hearing as provided by Section
401.114.
SECTION 106. Section 401.117, Health and Safety Code, is
amended to read as follows:
Sec. 401.117. CONSTRUCTION LIMITATION. The department [or
commission] shall prohibit major construction relating to
activities to be permitted under a license issued by the agency to
process [or dispose of] low-level radioactive waste from other
persons until the requirements in Sections 401.113 and 401.114 are
completed.
SECTION 107. Section 401.151, Health and Safety Code, is
amended to read as follows:
Sec. 401.151. COMPATIBILITY WITH FEDERAL STANDARDS. The
department [and commission each] shall assure that the management
of low-level radioactive waste under its jurisdiction [their
respective jurisdictions] is compatible with applicable federal
commission standards.
SECTION 108. Section 401.152, Health and Safety Code, is
amended to read as follows:
Sec. 401.152. CORRECTIVE ACTION AND MEASURES. (a) If the
department [or commission], under procedures provided by Section
401.056, finds that low-level radioactive waste under its
jurisdiction threatens the public health and safety and the
environment and that the license holder managing the low-level
radioactive waste is unable to remove the threat, the agency by
order may require any action, including a corrective measure, that
is necessary to remove the threat.
(b) The department [agency] shall use the security provided
by the license holder to pay the costs of actions that are taken or
that are to be taken under this section. The agency shall send to
the comptroller a copy of its order together with necessary written
requests authorizing the comptroller to:
(1) enforce security supplied by the license holder;
(2) convert an amount of security into cash, as
necessary; and
(3) disburse from the security in the fund the amount
necessary to pay the costs.
SECTION 109. Section 401.153(b), Health and Safety Code, is
amended to read as follows:
(b) A rule adopted under this section may not take effect
before the 24th month preceding the opening date of a low-level
radioactive waste disposal or assured isolation site authorized
under Chapter 402[,] and expires on the date that the [disposal]
site opens.
SECTION 110. Section 401.303(a), Health and Safety Code, is
amended to read as follows:
(a) The department or commission may require the holder of a
license issued by the agency under this chapter to pay annually to
the issuing agency an amount determined by the issuing agency if
continuing or perpetual maintenance, surveillance, or other care is
required after termination of a licensed activity.
SECTION 111. Section 401.301(b), Health and Safety Code, is
amended to read as follows:
(b) The board by rule shall set the fee in an amount that may
not exceed the actual expenses annually incurred to:
(1) process applications for licenses or
registrations;
(2) amend or renew licenses or registrations;
(3) make inspections of license holders and
registrants; and
(4) enforce this chapter and rules, orders, licenses,
and registrations under this chapter[; and
[(5) collect payments to the low-level radioactive
waste fund and general revenue as provided by Section 402.2721].
SECTION 112. Section 401.412(a), Health and Safety Code, is
amended to read as follows:
(a) Notwithstanding any other provision of this chapter and
subject to Sections 401.102 and 401.415, the commission has sole
and exclusive authority to directly regulate and to grant, deny,
renew, revoke, suspend, amend, or withdraw licenses for the
disposal of:
(1) by-product material except by-product material
defined by Section 401.003(3)(B);
(2) naturally occurring radioactive material waste
except oil and gas NORM waste;
(3) source material; and
(4) special nuclear material [radioactive substances.
In this subsection, "radioactive substance" does not include
by-product material as defined by Section 401.003(3)(B)].
SECTION 113. Section 403.001(a), Health and Safety Code, is
amended to read as follows:
(a) The governor shall appoint six members to represent this
state on the commission established by Article III of the Texas
Low-Level Radioactive Waste Disposal Compact. One of the voting
members of the compact commission shall be a legal resident of the
host county, as defined by Section 403.006 [Hudspeth County,
Texas].
SECTION 114. The following provisions of the Health and
Safety Code are repealed:
(1) Sections 401.306, 401.316, 402.011, 402.013,
402.014, 402.015, 402.016, 402.017, 402.018, 402.019, 402.022,
402.023, 402.024, 402.025, 402.026, 402.027, 402.029, 402.030,
402.059(d), 402.088(c), 402.0921, 402.121, 402.129, and 402.2721;
and
(2) Subchapter F, Chapter 401.
SECTION 115. Not later than June 30, 2005, the Texas
Commission on Environmental Quality shall choose a location for a
potential low-level radioactive waste disposal or assured
isolation site as required by Section 402.083, Health and Safety
Code, as amended by this Act.
SECTION 116. This Act takes effect September 1, 2003.