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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of uranium mining and disposal of |
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certain radioactive materials and low-level radioactive waste. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 401, Health and Safety |
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Code, is amended by adding Section 401.1085 to read as follows: |
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Sec. 401.1085. FINANCIAL QUALIFICATIONS FOR URANIUM |
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MINING. (a) Before a license is issued or renewed by the commission |
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to authorize in situ or surface mining of uranium, the applicant |
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shall demonstrate to the commission that the applicant is |
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financially qualified to conduct the licensed activity, including |
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any required decontamination, decommissioning, reclamation, and |
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disposal, by posting acceptable security. |
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(b) An in situ or surface uranium mining license holder |
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shall submit to the commission, at intervals required by commission |
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rules or the license, as appropriate, proof of the license holder's |
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financial qualifications by updating the security. |
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(c) The commission shall reevaluate every five years the |
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qualifications and security provided by an in situ or surface |
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uranium mining license holder. The reevaluation may coincide with |
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license renewal procedures if renewal and reevaluation occur in the |
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same year. |
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(d) Section 401.108 does not apply to an applicant subject |
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to this section. |
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SECTION 2. Section 401.305(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The department and commission each shall deposit to the |
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credit of the perpetual care account money and security they |
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receive under this chapter, including an administrative penalty |
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collected by the department under Sections 401.384-401.390 but |
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excluding fees collected under Sections 401.301(a)-(c) and 401.302 |
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and excluding fees subject to Section 401.306. Interest earned on |
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money in the perpetual care account shall be credited to the |
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perpetual care account. |
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SECTION 3. Subchapter H, Chapter 401, Health and Safety |
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Code, is amended by adding Section 401.306 to read as follows: |
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Sec. 401.306. URANIUM RECOVERY AND RADIOACTIVE WASTE |
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PROCESSING ACCOUNT. (a) The uranium recovery and radioactive waste |
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processing account is created as an account in the general revenue |
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fund. |
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(b) Licensing fees collected by the Department of State |
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Health Services for activities subject to Subchapter F or G shall be |
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deposited to the credit of the account. Interest earned on money in |
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the account shall be credited to the account. |
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(c) Money in the account may be appropriated only to the |
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Department of State Health Services for the department's regulatory |
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activities under Subchapter F or G. |
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(d) Section 403.095, Government Code, does not apply to the |
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account. |
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SECTION 4. Subchapter D, Chapter 27, Water Code, is amended |
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by adding Section 27.057 to read as follows: |
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Sec. 27.057. AREA PERMITS AND PRODUCTION AREAS FOR URANIUM |
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MINING. (a) The commission may issue an area permit that authorizes |
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construction and operation inside a specified area of two or more |
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similar injection wells for uranium mining. |
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(b) An application for a new area permit, a major amendment |
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of an area permit, or a renewal of an area permit is subject to the |
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commission's rules adopted under Section 27.018 regarding notice |
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and opportunity for a hearing. |
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(c) The commission by rule shall establish technical |
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requirements for holders of area permits, including methods for |
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determining restoration table values, a requirement that the permit |
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holder make reports related to specified areas in the area subject |
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to an area permit, and other reporting requirements. The commission |
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by rule shall specify, regarding reports required under this |
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subsection: |
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(1) content requirements; |
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(2) submission requirements; and |
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(3) procedures for commission staff review. |
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(d) The commission may require as a condition of an area |
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permit that the permit holder submit a report to the executive |
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director before the permit holder begins or resumes a mining |
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activity in specified areas in the area subject to the permit. |
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(e) The commission by rule may provide that a permit holder |
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may not begin or resume a mining activity in a specified area of the |
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area subject to an area permit until commission staff confirms |
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after review that the permit holder has complied with all reporting |
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requirements under the permit or commission rules, but may not |
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require a contested case hearing on the matter of beginning or |
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resuming the mining activity. |
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(f) The term of an area permit issued or renewed under this |
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section on or after September 1, 2007, is 10 years. |
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(g) An area permit for mining uranium issued by the |
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commission before September 1, 2007, expires September 1, 2012, |
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unless an application for its renewal is made as provided by this |
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subsection before that date. The holder of an area permit issued by |
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the commission before September 1, 2007, must apply to the |
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commission to renew the permit under this section and reauthorize |
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the construction and operation of injection wells in the area |
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subject to the area permit. The expiration of a permit as provided |
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by this subsection does not relieve the permit holder from |
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obligations under the permit or commission rules, including the |
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obligations to restore groundwater and to plug and abandon wells in |
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accordance with the permit and the rules. |
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SECTION 5. This Act takes effect September 1, 2007. |