Amend CSSB 1667 as follows:
(1) On page 1, line 15, strike "amended by amending
Subdivisions (2), (4), (5), and (6)" and substitute the following:
"amended by amending Subdivisions (2), (4), (5), (6), and (15)"
(2) On page 1, lines 26-30, strike Subdivision (12-1) and
substitute the following:
"(12-1) "Gross receipts includes with respect to an
entity or affiliated members, owners, shareholders, limited or
general partners, all receipts from the entity's operations in
Texas related to disposal including any bonus, commission, or
similar payment received by the entity from a customer, contractor,
subcontractor, or other person doing business with the entity or
affiliated members, owners, shareholders, and limited or general
partners. This term does not include receipts from the entity's
operations in Texas or affiliated members, owners, shareholders,
and limited or general partners, for extraordinary capital
reimbursements, bona fide storage and processing, and federal or
state taxes or fees on waste received uniquely required to meet the
specifications of a license or contract. The commission may
promulgate rules in establishing the criteria for determining gross
receipts consistent with the parameters of this definition.
(3) On page 1, line 31, before SECTION 2, insert the
following:
(15) "Person affected" means a person who demonstrates
that the person has suffered or will suffer actual injury or
economic damage and, if the person is not a local government:
(A) is a resident of a county, or a county
adjacent to that county, in which a nuclear or radioactive material
substance is or will be located; or
(B) is doing business or has a legal interest in
land in the county or adjacent county.
(4) On page 1, line 42, between "persons" and ";" insert ",
except oil and gas NORM".
(5) On page 1, line 43, between "material" and ";" insert
"in accordance with Subchapter G".
(6) On page 1, line 51, insert new section as follows and
renumber the subsequent sections accordingly:
Section 401.054, Health and Safety Code, is amended as
follows:
SECTION ___. Sec. 401.054. NOTICE AND HEARING. (a) The
department or commission shall provide notice and an opportunity
for a hearing on a matter under its jurisdiction as provided by its
formal hearing procedures and Chapter 2001, Government Code, unless
otherwise required by this chapter, on written request of a person
affected by any of the following procedures:
(1) the denial, suspension, or revocation by the
department or commission of a license or registration;
(2) the determination by the department or commission
of compliance with or the grant of exemptions from a department or
commission rule or order; or
(3) the grant or amendment by the department or
commission of a specific license.
(b) A contested case hearing shall be conducted according to
Section 401.239 of this chapter.This section does not apply to
license or registration activities for which other notice and
hearing procedures are required by this chapter.
(c) The commission may hold a contested case hearing on an
application for the renewal of a license issued under this chapter
provided that the change being requested would constitute a major
change to the license.
(7) On page 1, line 52, strike "Subsection (b),"
(8) On page 1, line 59, insert "(f) A separate commercial
storage and processing license may be issued at a site also licensed
for disposal under this chapter.
(9) On page 4, line 30, strike "shall" and substitute "may".
(10) On page 4, line 34, strike "shall" and substitute
"may".
(11) On page 6, line 13, between "," and "and" insert
"licensed on site waste disposal associated with a licensed in situ
leach uranium recovery facility,"
(12) On page 7, line 32, insert new section as follows and
renumber the subsequent sections accordingly:
SECTION __. Sec. 401.271 STATE FEE ON RADIOACTIVE
SUBSTANCES. (a) A holder of a license issued by the commission
under this chapter that authorizes the disposal of a radioactive
substance from other persons shall transfer to the state general
revenue fund each quarter an amount equal to 10 percent of the
license holder's gross receipts received from operations under the
license for disposal occurring after the effective date of this
Act.
(b) Subsection (a) does not apply to compact waste as
defined by Section 401.2005(1) or federal facility waste as defined
in Section 401.2005(4).
Sec. 401.453. AUDIT AUTHORITY. The commission may audit a
license holder's financial records and waste manifest information
to ensure that the fee imposed under this chapter is accurately
paid. The license holder shall comply with the commission's audit
related requests for information.
(13) On page 9, lines 29-32, strike subsection (1) and
substitute with the following subsection:
(1) has sole authority to regulate and issue licenses,
permits, and orders, and establish fees to pay for costs to regulate
the processing, storage, and disposal of oil and gas NORM waste and
the decontamination and maintenance of oil field equipment; and
(14) On page 9, line 50, strike "disposal of the waste and
decontamination and maintenance of equipment." and substitute
"disposal of the waste, decontamination and maintenance of oil
field equipment, and fees established pursuant to subsection (a) of
this section."
(15) On page 9, line 63, insert new subsection as follows:
(f) In adopting a fee structure, the railroad commission may
consider any factors necessary to provide for the equitable
allocation among NORM operators of the costs of administering the
railroad commission's oil and gas NORM program under this section.
The total amount of fees estimated to be collected under rules
adopted by the railroad commission under this section may not
exceed the estimated costs of administering the railroad
commission's oil and gas NORM program under this section.
(16) On page 9, lines 63-69 and page 10, lines 1-48, strike
SECTION 34 and renumber the subsequent sections accordingly.
(17) On page 10, line 65, strike "related" and substitute
"oil field".
(18) On page 11, strike lines 5-8 and substitute the
following: "the permit holder to conduct minor in situ mining in the
production area. The commission shall by rule define the
difference between major and minor in situ mining. Notwithstanding
any other provision in this act, authorization to mine or resume
mining in a production area under an existing injection well permit
that does not amend a previously approved restoration table, shall
not be considered a major amendment."
(19) On page 11, lines 9-13, strike subsection (b) and
substitute new subsection (b) as follows:
(b) A rule or provision of a permit or order of the
commission that requires additional approval of the commission or
an additional hearing for the permit holder to conduct minor in situ
mining in the production area specified in an injection well
permit, shall no longer be required after the effective date of this
act. Notwithstanding any provision of this code or a commission
rule or order, an application for minor in situ authorization is not
subject to a contested case hearing, regardless of when the
application is submitted.
(20) On page 11, line 24, after ".", insert "An
administrative law judge presiding over a licensure proceeding
under this section shall expedite the procedures necessary to
complete the hearing in a timely manner."
(21) On page 12, lines 3-7, strike subsection (c).
(22) On page 13, line 11, after "possible." insert the
following: "The commission shall utilize progress made on any
technical review or environmental analysis conducted by the
department prior to the effective date of this act."
(23) On page 13, strike lines 14-15 and substitute the
following: "associated by-product material that is pending with the
Department of State Health Services, and was received prior to
January 1, 2005, on the earlier of the 31st day after the"
(24) On page 13, line 47, insert new subsections (n) and (o)
as follows:
(n) Notwithstanding the changes to Chapter 401, Health and
Safety Code, made by this Act, the department shall retain
jurisdiction over, and render a final decision on, an application
for an amended license to store or process radioactive substances
that was filed with the department on or before January 1, 2005 and
that has been referred to the State Office of Administrative
Hearings by the department before the effective date of this Act. A
license application subject to this subsection shall be governed
only by the laws of the state and the rules and regulations of the
department effective at the time such application was filed. Once a
final decision is rendered by the department, jurisdiction over any
licensed issued shall be transferred to the commission.
(o) An application for a new license to dispose of
by-product material that is filed with the department on or before
January 1, 2005 and that has not been referred to the State Office
of Administrative Hearings by the department before the effective
date of this Act shall be processed by the commission following the
effective date of this Act as follows:
(1) A license application subject to this subsection
shall be governed only by the rules and regulations of the
department effective at the time such application was filed;
(2) If this Act takes effect immediately, the
commission shall complete any technical review of a license
application subject to this subsection and issue a draft permit no
later than March 1, 2006. If this Act takes effect on September 1,
2005, the commission shall complete any technical review of a
license application subject to this subsection and issue a draft
permit no later than June 1, 2006. The commission shall utilize
progress made on any technical review or environmental analysis
conducted by the department prior to the effective date of this Act.
In order to meet the applicable deadline above, the commission may
contract with the department or other entities for completion of
any portion of the technical review that has not been completed upon
the effective date of this Act. The commission may assess and
collect additional fees from the applicant to recover the costs the
commission incurs for technical review of a license application
subject to this subsection;
(3) If this Act takes effect immediately, the
commission shall render a final decision on a license application
subject to this subsection no later than March 1, 2007. If this Act
takes effect on September 1, 2005, the commission shall render a
final decision on a license application subject to this subsection
no later than June 1, 2007; and
(4) A contested case hearing held on a license
application subject to this subsection that was filed with the
department on or before January 1, 2005, shall not exceed one year
in duration, measured from the date of referral by the commission of
the application to the State Office of Administrative Hearings
until the commission makes a final decision on the application.
Discovery in such a hearing shall be limited to not more than sixty
days in order to meet this limitation. Notice of hearing shall be
provided to the applicant, the office of public interest counsel,
the executive director and the person who timely requested a
contested case hearing by mail at least ten days in advance of the
hearing.
(25) On page 14, lines 15-24, strike SECTION 40 and renumber
the subsequent sections accordingly.
(26) On page 14, lines 25-47, Strike SECTION 41 and
substitute with the new section as follows:
SECTION ___. (a) Notwithstanding other law or any rule on the
subject of timeliness of an applicant proving information
pertaining to an application for a license from the commission, the
applicant for a license shall assist the commission in meeting any
deadlines imposed by Chapter 401, Health and Safety Code, by
submitting to the commission any information the commission
requires regarding the application in a prompt and timely manner.