Bill Text: TX HB4089 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the regulation of radioactive waste.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-09 - Left pending in committee [HB4089 Detail]
Download: Texas-2019-HB4089-Introduced.html
86R14189 SLB-F | ||
By: Blanco | H.B. No. 4089 |
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relating to the regulation of radioactive waste. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 401.052(b), (d), (e), and (f), Health | ||
and Safety Code, are amended to read as follows: | ||
(b) Rules adopted under this section for [ |
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radioactive waste must: | ||
(1) to the extent practicable, be compatible with | ||
United States Department of Transportation and federal commission | ||
regulations relating to the transportation of [ |
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radioactive waste; | ||
(2) require each shipper and carrier of [ |
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radioactive waste to: | ||
(A) adopt an emergency plan approved by the | ||
department for responding to transportation accidents; and | ||
(B) provide notice of shipping to: | ||
(i) the department; and | ||
(ii) the local emergency planning committee | ||
for each county through which the waste will travel; | ||
(3) require the notification and reporting of | ||
accidents to the department and to local emergency planning | ||
committees in the county where the accident occurs; | ||
(4) require each shipper to adopt a quality control | ||
program approved by the department to verify that shipping | ||
containers are suitable for shipment to a licensed disposal | ||
facility; | ||
(5) assess a fee on shippers for shipments to a Texas | ||
[ |
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and | ||
(6) require a carrier to carry liability insurance in | ||
an amount the executive commissioner determines is sufficient to | ||
cover damages likely to be caused by a shipping accident in | ||
accordance with regulations imposed by the United States Department | ||
of Transportation and the federal commission. | ||
(d) Fees assessed under this section: | ||
(1) may provide additional revenue to support the | ||
activities of the Texas Low-Level Radioactive Waste Disposal | ||
Compact Commission; | ||
(2) may be assessed in an amount determined by the | ||
commission as adequate to remediate a potential radiation release | ||
and related damages [ |
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(3) shall be collected by the department and deposited | ||
to the credit of the perpetual care account; and | ||
(4) shall be used by the department for emergency | ||
planning for and response to transportation accidents involving | ||
[ |
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in counties through which transportation routes are designated in | ||
accordance with Subsection (a)[ |
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[ |
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(e) Money expended from the perpetual care account to | ||
respond to accidents involving [ |
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be reimbursed to the perpetual care account by the responsible | ||
shipper or carrier according to rules adopted by the executive | ||
commissioner. | ||
(f) In this section, "shipper" means a person who generates | ||
[ |
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ship the waste to a disposal site. | ||
SECTION 2. Subchapter C, Chapter 401, Health and Safety | ||
Code, is amended by adding Section 401.0565 to read as follows: | ||
Sec. 401.0565. CONTINGENCY PLANS. After opportunity for | ||
public hearing and comment, the commission shall develop and adopt | ||
by rule a set of conditions that would trigger the enactment of a | ||
contingency plan. The contingency plan must include rules and | ||
procedures for addressing: | ||
(1) the financial impairment or failure of the holder | ||
of a license issued under this chapter; | ||
(2) the abandonment of a site or operation governed by | ||
this chapter; | ||
(3) failure to maintain the security or radiation-free | ||
status of a site licensed under this chapter; | ||
(4) an uncontrolled or inadequately controlled | ||
radiation release; and | ||
(5) threats to public health and safety arising from | ||
activity governed by this chapter. | ||
SECTION 3. The heading to Section 401.071, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 401.071. GENERAL POWERS OF COMMISSION IN RELATION TO | ||
[ |
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SECTION 4. Section 401.071, Health and Safety Code, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) The commission shall develop standards for and ensure | ||
the implementation of biannual, independent inspections of a | ||
radioactive waste site. The commission shall contract for the | ||
inspections, the cost of which shall be paid by the license holder | ||
of the inspected facility. The commission shall choose a new | ||
third-party inspector at least every six years. The inspection | ||
shall: | ||
(1) verify waste volumes and curies in the facility; | ||
(2) monitor safety; | ||
(3) check for radiation releases on and off site; and | ||
(4) conduct financial audits to determine the adequacy | ||
of financial assurance held by the facility. | ||
SECTION 5. Section 401.108(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) Before a license is issued or renewed by the commission, | ||
the applicant shall demonstrate to the commission that the | ||
applicant is financially qualified to conduct the licensed | ||
activity, including any required decontamination, decommissioning, | ||
reclamation, and disposal, by posting security acceptable to the | ||
commission. The commission shall adjust the amount of financial | ||
security to account for information received from the state | ||
auditor. | ||
SECTION 6. (a) The state auditor shall review: | ||
(1) the federal license application for consolidated | ||
interim storage of high-level radioactive waste in this state; and | ||
(2) proposals to expand the amount, volume, curies, or | ||
types of radioactive waste to be stored or disposed of in this | ||
state. | ||
(b) The state auditor shall analyze: | ||
(1) the potential cost, both with and without the | ||
inclusion of federal money, of remediating the worst-case scenario | ||
accident related to: | ||
(A) the transportation of radioactive waste; and | ||
(B) radiation releases at or near the waste site; | ||
(2) the potential economic and health effects of a | ||
radiation release to businesses and residents in communities near a | ||
site licensed under Chapter 401, Health and Safety Code, and along | ||
transportation routes for radioactive waste; and | ||
(3) any other matter the state auditor determines is | ||
relevant to a matter related to the review under Subsection (a) of | ||
this section. | ||
(c) The analysis under Subsection (b)(1) of this section | ||
must be based on: | ||
(1) studies of transportation accident costs prepared | ||
for the State of Nevada in regard to Yucca Mountain; and | ||
(2) costs incurred for the remediation of radiation at | ||
existing private and federal radioactive waste facilities. | ||
(d) Not later than December 1, 2020, the state auditor shall | ||
make available a report containing the results of the review and | ||
analysis required by this section. | ||
SECTION 7. The Texas Commission on Environmental Quality | ||
may not approve a change to a license issued under Chapter 401, | ||
Health and Safety Code, that relates to the amount, volume, curies, | ||
or type of radioactive waste accepted by a facility in this state | ||
until the 30th day after the later of: | ||
(1) the date the report required by Section 6 of this | ||
Act is made available by the state auditor; or | ||
(2) the date by which the Texas Commission on | ||
Environmental Quality has: | ||
(A) completed the contingency plan required by | ||
Section 401.0565, Health and Safety Code, as added by this Act; and | ||
(B) adjusted financial assurance requirements | ||
according to Section 401.108, Health and Safety Code, as amended by | ||
this Act. | ||
SECTION 8. This Act takes effect September 1, 2019. |