By: Darby H.B. No. 1653

A BILL TO BE ENTITLED

AN ACT

relating to the operations of the Texas Low-Level Radioactive Waste Disposal Compact waste disposal facility.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 401.003(15), Health and Safety Code, is amended to read as follows:

(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 Texas county, or a Texas county adjacent to that county, in which nuclear or radioactive material is or will be located; or

(B) is doing business or has a legal interest in land in the county in which nuclear or radioactive material is or will be located or adjacent Texas county.

SECTION 2. Section 401.116, Health and Safety Code, is amended by adding subsections (e) and (f) to read as follows:

(e) The commission may not seek further public comment or hold a public hearing under the procedures provided by Subsections (b)-(d) on a minor amendment to the license.

(f) In this section, "minor amendment" is one which:

(A) authorizes a change in the type, volume or concentration limits of wastes to be received to the extent the change does not increase the total volume and curie capacities approved by the commission in the existing license; or

(B) authorizes a new technology or process that requires an engineering review located on a site in which an environmental assessment has been completed and the new technology or process does not pose a potential detrimental impact on public health and safety, worker safety, or environmental health.

SECTION 3. Section 401.202, Health and Safety Code, is amended by adding subsection (d) to read as follows:

(d) If the commission issues a compact waste disposal facility license that is later reversed or remanded to the commission by order of a court on procedural error:

(1) all terms and conditions of the license shall remain in effect until the issues on remand from the court have been addressed by the commission in a final order; and

(2) the commission's executive director may enter into a compliance agreement with the license holder authorizing continued operation of the disposal facility until the issues on remand from the court have been addressed by the commission in a final order.

SECTION 4. Section 401.207(e), Health and Safety Code, is amended to read as follows:

(e) The compact waste disposal facility license holder may not accept more than 50,000 total cubic feet of nonparty compact waste annually. The compact waste disposal facility license holder may not accept more than [120,000 curies of nonparty compact waste annually, except that in the first year the license holder may accept] 220,000 curies of nonparty compact waste annually. The legislature by general law may establish revised limits after considering the results of the study under Section 401.208.

SECTION 5. Section 401.245, Health and Safety Code, is amended by deleting subsection (h) as follows:

[(h) The administrative law judge assigned to the contested case involving the adoption of fees under this section shall issue a proposal for decision on fees proposed by the commission not later than the first anniversary of the date the State Office of Administrative Hearings assumes jurisdiction of the case.]

SECTION 6. Section 401.2455, Health and Safety Code, is amended by deleting subsection (b) as follows:

[(b) An extension of the period during which interim rates apply may not be granted. If the State Office of Administrative Hearings has not issued a proposal for decision before the expiration of the period under Section 401.245(h), all disposal at the compact waste disposal facility must cease until the rates arc adopted.]

SECTION 7. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.