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.