Bill Text: TX SB791 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to the regulation of low-level radioactive waste disposal facilities and radioactive substances.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Engrossed - Dead) 2013-05-20 - Returned to committee [SB791 Detail]
Download: Texas-2013-SB791-Engrossed.html
By: Seliger | S.B. No. 791 |
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relating to the regulation of low-level radioactive waste disposal | ||
facilities and radioactive substances. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subsection (d), Section 401.052, Health and | ||
Safety Code, as amended by Chapters 580 (H.B. 1678) and 1067 (H.B. | ||
1567), Acts of the 78th Legislature, Regular Session, 2003, is | ||
reenacted and amended to read as follows: | ||
(d) Fees assessed under this section: | ||
(1) may not exceed $10 per cubic foot of shipped | ||
low-level radioactive waste; | ||
(2) shall be collected by the department and deposited | ||
to the credit of the perpetual care account; | ||
(3) shall be used [ |
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emergency planning for and response to transportation accidents | ||
involving low-level radioactive waste, including first responder | ||
training in counties through which transportation routes are | ||
designated in accordance with Subsection (a); and | ||
(4) may not be collected on waste disposed of at a | ||
federal facility waste disposal facility [ |
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SECTION 2. Subsection (a), Section 401.109, Health and | ||
Safety Code, is amended to read as follows: | ||
(a) The department or commission may require a holder of a | ||
license issued by the agency to provide security acceptable to the | ||
agency to assure performance of the license holder's obligations | ||
under this chapter. The department [ |
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security provided to the department under this section to the | ||
credit of the perpetual care account. The department [ |
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must be made payable to the credit of the perpetual care account. | ||
The commission shall deposit security provided to the commission | ||
under this section to the credit of the environmental radiation and | ||
perpetual care account. The commission shall provide that security | ||
must be made payable to the credit of the environmental radiation | ||
and perpetual care account. | ||
SECTION 3. Section 401.152, Health and Safety Code, is | ||
amended by amending Subsection (b) and adding Subsection (c) to | ||
read as follows: | ||
(b) The department [ |
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by the license holder to pay the costs of actions that are taken or | ||
that are to be taken under this section. The department [ |
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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 radiation and | ||
perpetual care account the amount necessary to pay the costs. | ||
(c) The commission shall use the security provided by the | ||
license holder to pay the costs of actions taken or to be taken | ||
under this section. The commission 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 to cash, as | ||
necessary; and | ||
(3) disburse from the security in the environmental | ||
radiation and perpetual care account the amount necessary to pay | ||
the costs. | ||
SECTION 4. Section 401.207, Health and Safety Code, is | ||
amended by adding Subsection (d-1) and amending Subsections (e) and | ||
(h) to read as follows: | ||
(d-1) Beginning September 1, 2015, the compact waste | ||
disposal facility license holder may accept nonparty compact waste | ||
for disposal at the facility only if the waste has been | ||
volume-reduced, if eligible, by at least a factor of three. The | ||
commission by rule shall establish requirements for ensuring that | ||
low-level radioactive waste has been volume-reduced in a manner | ||
consistent with this subchapter. Before establishing requirements | ||
for volume reduction of low-level radioactive waste streams, the | ||
commission must first determine that there are at least two | ||
unaffiliated companies in operation in the United States | ||
marketplace that offer low-level radioactive waste volume | ||
reduction for each stream. In this subsection, "unaffiliated" | ||
means not associated with one another as a subordinate, subsidiary, | ||
or member. | ||
(e) The compact waste disposal facility license holder may | ||
not enter into a contract for the disposal of nonparty low-level | ||
radioactive waste that has been designated as Class A low-level | ||
radioactive waste under 10 C.F.R. Section 61.55 and commission rule | ||
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the [ |
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accept more than 300,000 [ |
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waste. In the state fiscal years beginning September 1, 2014, and | ||
September 1, 2015, [ |
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license holder may not accept more than 220,000 curies of nonparty | ||
compact waste annually. In the state fiscal year beginning | ||
September 1, 2016, the compact waste disposal facility license | ||
holder may not accept more than 120,000 curies of nonparty compact | ||
waste. The legislature by general law may establish revised limits | ||
after considering the results of the study under Section 401.208. | ||
(h) A surcharge collected under Subsection (g) shall be | ||
deposited to the credit of the environmental radiation and | ||
perpetual care account [ |
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SECTION 5. Subchapter F, Chapter 401, Health and Safety | ||
Code, is amended by adding Section 401.2077 to read as follows: | ||
Sec. 401.2077. CLASS A PARTY STATE COMPACT WASTE. To the | ||
greatest extent practicable, if a party state compact waste | ||
generator seeks to export low-level radioactive waste that has been | ||
designated as Class A low-level radioactive waste under 10 C.F.R. | ||
Section 61.55 and commission rule, or a subset of that waste, the | ||
compact waste disposal facility license holder shall work with the | ||
generator to support the export of the waste. The Texas Low-Level | ||
Radioactive Waste Disposal Compact Commission shall grant export | ||
petitions for Class A low-level radioactive waste from party state | ||
compact waste generators as it finds appropriate. | ||
SECTION 6. Section 401.208, Health and Safety Code, is | ||
amended by amending Subsection (c) and adding Subsection (f) to | ||
read as follows: | ||
(c) Not later than December 1, 2016 [ |
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shall submit a final report of the results of the study to the | ||
standing committees of the senate and the house of representatives | ||
with jurisdiction over the disposal of low-level radioactive waste. | ||
(f) The commission, through the agency's internal audit, | ||
shall conduct random audits of shipments to the site to ensure that | ||
volumes, waste contents, and classifications are represented | ||
accurately. The commission shall report these findings to the | ||
legislature in the biennial report. | ||
SECTION 7. Section 401.218, Health and Safety Code, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) The commission's executive director may adjust, | ||
correct, or otherwise modify license condition 150 on completion of | ||
an annual performance assessment. A modification by the executive | ||
director to a license regarding a waste form, type, or stream must | ||
be based on a site-specific performance assessment and objectives | ||
as defined by commission rule and must be processed as a minor | ||
amendment. | ||
SECTION 8. Section 401.2456, Health and Safety Code, is | ||
amended by amending Subsection (b) and adding Subsections (f) and | ||
(g) to read as follows: | ||
(b) Rates and contract terms negotiated under this section | ||
are subject to review and approval by the commission's executive | ||
director to ensure they meet all of the requirements of this section | ||
and the rules of the commission. | ||
(f) The commission shall adopt rules governing the review | ||
and approval by the commission's executive director of contract | ||
terms negotiated under this section. | ||
(g) A person affected by an action under this section may | ||
seek judicial review under Subchapter I, Chapter 5, Water Code. | ||
SECTION 9. Subsection (e), Section 401.249, Health and | ||
Safety Code, is amended to read as follows: | ||
(e) The commission may transfer money from the low-level | ||
radioactive waste fund to the environmental radiation and perpetual | ||
care account to make payments required by the commission under | ||
Section 401.303. | ||
SECTION 10. Subsection (d), Section 401.301, Health and | ||
Safety Code, is amended to read as follows: | ||
(d) The commission and department shall [ |
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each person who holds a specific license issued by the agency pay to | ||
the agency an additional five percent of the appropriate fee set | ||
under Subsection (b). Fees collected by the department under this | ||
subsection shall be deposited to the credit of the perpetual care | ||
account. Fees collected by the commission under this subsection | ||
shall be deposited to the environmental radiation and perpetual | ||
care account. The fees are not refundable. | ||
SECTION 11. Subsection (g), Section 401.303, Health and | ||
Safety Code, is amended to read as follows: | ||
(g) If a license holder satisfies the obligations under this | ||
chapter, the issuing agency shall have the comptroller promptly | ||
refund to the license holder from the perpetual care account or the | ||
environmental radiation and perpetual care account, as applicable, | ||
the excess of the amount of all payments made by the license holder | ||
to the issuing agency and the investment earnings of those payments | ||
over the amount determined to be required for the continuing | ||
maintenance and surveillance of land, buildings, and radioactive | ||
material conveyed to the state. | ||
SECTION 12. Subsections (b), (c), (d), (e), (f), and (g), | ||
Section 401.305, Health and Safety Code, are amended to read as | ||
follows: | ||
(b) The department [ |
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the credit of the perpetual care account money and security it | ||
receives [ |
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administrative penalty collected by the department under Sections | ||
401.384-401.390 but excluding fees collected under Sections | ||
401.301(a)-(c) and 401.302. Interest earned on money in the | ||
perpetual care account shall be credited to the perpetual care | ||
account. | ||
(c) Money and security in the perpetual care account may be | ||
administered by the department [ |
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maintenance, and distribution of mammography medical records or the | ||
decontamination, decommissioning, stabilization, reclamation, | ||
maintenance, surveillance, control, storage, and disposal of | ||
radioactive substances for the protection of the public health and | ||
safety and the environment under this chapter and for refunds under | ||
Section 401.303. | ||
(d) Money and security in the perpetual care account may not | ||
be used for normal operating expenses of the department [ |
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(e) The department [ |
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perpetual care account to pay for measures: | ||
(1) to prevent or mitigate the adverse effects of | ||
abandonment of radioactive substances, default on a lawful | ||
obligation, insolvency, or other inability by the holder of a | ||
license issued by the department [ |
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requirements of this chapter or of department [ |
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rules; | ||
(2) to assure the protection of the public health and | ||
safety and the environment from the adverse effects of ionizing | ||
radiation; and | ||
(3) to protect the health and safety of mammography | ||
patients by assuring mammography medical records are made available | ||
to affected patients. | ||
(f) The department [ |
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of a contract or lease entered into between the department [ |
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certification issued by the department [ |
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person, or by the terms of a license issued to any person, for the | ||
storage, maintenance, and distribution of mammography medical | ||
records. The department [ |
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of a contract or lease entered into between the department [ |
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the department [ |
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decontamination, closure, decommissioning, reclamation, | ||
surveillance, or other care of a site or facility subject to | ||
department [ |
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needed to carry out the purpose of this chapter. | ||
(g) The existence of the perpetual care account does not | ||
make the department [ |
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storage, maintenance, and distribution of mammography medical | ||
records arising from a mammography certification holder's failure | ||
to store, maintain, and make available mammography medical records | ||
or for the costs of decontamination, transfer, transportation, | ||
reclamation, surveillance, or disposal of radioactive substances | ||
arising from a license holder's abandonment of radioactive | ||
substances, default on a lawful obligation, insolvency, or | ||
inability to meet the requirements of this chapter or of department | ||
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SECTION 13. Subchapter H, Chapter 401, Health and Safety | ||
Code, is amended by adding Sections 401.306 and 401.307 to read as | ||
follows: | ||
Sec. 401.306. ENVIRONMENTAL RADIATION AND PERPETUAL CARE | ||
ACCOUNT. (a) The environmental radiation and perpetual care | ||
account is an account in the general revenue fund. | ||
(b) The commission shall deposit to the credit of the | ||
environmental radiation and perpetual care account money and | ||
security it receives under this chapter, including fees collected | ||
under Section 401.301(d). Interest earned on money in the | ||
environmental radiation and perpetual care account shall be | ||
credited to the environmental radiation and perpetual care account. | ||
(c) Money and security in the environmental radiation and | ||
perpetual care account may be administered by the commission only | ||
for the decontamination, decommissioning, stabilization, | ||
reclamation, maintenance, surveillance, control, storage, and | ||
disposal of radioactive substances for the protection of the public | ||
health and safety and the environment under this chapter and for | ||
refunds under Section 401.303. | ||
(d) Money and security in the environmental radiation and | ||
perpetual care account may not be used for normal operating | ||
expenses of the commission. | ||
(e) The commission may use money in the environmental | ||
radiation and perpetual care account to pay for measures: | ||
(1) to prevent or mitigate the adverse effects of | ||
abandonment of radioactive substances, default on a lawful | ||
obligation, insolvency, or other inability by the holder of a | ||
license issued by the commission to meet the requirements of this | ||
chapter or of commission rules; and | ||
(2) to ensure the protection of the public health and | ||
safety and the environment. | ||
(f) The commission may provide, by the terms of a contract | ||
or lease entered into between the commission and any person, or by | ||
the terms of a license issued to any person, for the | ||
decontamination, closure, decommissioning, reclamation, | ||
surveillance, or other care of a site or facility subject to | ||
commission jurisdiction under this chapter as needed to carry out | ||
the purposes of this chapter. | ||
(g) The existence of the environmental radiation and | ||
perpetual care account does not make the commission liable for the | ||
costs of decontamination, transfer, transportation, reclamation, | ||
surveillance, or disposal of radioactive substances arising from a | ||
license holder's abandonment of radioactive substances, default on | ||
a lawful obligation, insolvency, or inability to meet the | ||
requirements of this chapter or of commission rules. | ||
Sec. 401.307. PERPETUAL CARE ACCOUNT AND ENVIRONMENTAL | ||
RADIATION AND PERPETUAL CARE ACCOUNT CAP. (a) The fees imposed | ||
under Sections 401.052(d) and 401.301(d) are suspended when the sum | ||
of the balances of the perpetual care account and the environmental | ||
radiation and perpetual care account reaches $150 million. The | ||
fees are reinstated when the sum of the balances of the perpetual | ||
care account and the environmental radiation and perpetual care | ||
account falls to $75 million or less. | ||
(b) The surcharge collected under Section 401.207(h) is | ||
collected without regard to the balances of the perpetual care | ||
account and the environmental radiation and perpetual care account. | ||
(c) Notwithstanding Subsection (a), a fee imposed by the | ||
commission under Section 401.301(d) on the holder of a license | ||
authorizing the extraction, processing, or concentration of | ||
uranium or thorium from ore is suspended when the amount in the | ||
environmental radiation and perpetual care account attributable to | ||
those fees reaches $2 million. If the amount in that account | ||
attributable to those fees is reduced to $1.5 million or less, the | ||
fee is reinstated until the amount reaches $2 million. | ||
(d) Notwithstanding Subsection (a), a fee imposed under | ||
Section 401.052(d) is suspended from imposition against a party | ||
state compact waste generator when the amount in the perpetual care | ||
account attributable to those fees reaches $500,000. If the amount | ||
in that account attributable to those fees is reduced to $350,000 or | ||
less, the fee is reinstated until the amount reaches $500,000. The | ||
costs of all clean-up associated with a transportation accident | ||
will be borne by the generator of the product proportional to its | ||
share of the load. | ||
SECTION 14. The following sections of the Health and Safety | ||
Code are repealed: | ||
(1) Subsection (h), Section 401.245; | ||
(2) Subsection (b), Section 401.2455; | ||
(3) Subsection (e), Section 401.301; and | ||
(4) Section 403.0052. | ||
SECTION 15. (a) As soon as practicable after the effective | ||
date of this Act, the Texas Commission on Environmental Quality | ||
shall adopt rules to implement Subsection (d-1), Section 401.207, | ||
and Subsection (d), Section 401.218, Health and Safety Code, as | ||
added by this Act. | ||
(b) As soon as practicable after the effective date of this | ||
Act but not later than the first anniversary of the effective date | ||
of this Act, the Texas Commission on Environmental Quality shall | ||
adopt rules to implement Subsection (b), Section 401.2456, Health | ||
and Safety Code, as amended by this Act, and Subsection (f), Section | ||
401.2456, Health and Safety Code, as added by this Act. | ||
(c) As soon as practicable after the effective date of this | ||
Act but not later than January 1, 2014, the Texas Commission on | ||
Environmental Quality and the Department of State Health Services | ||
shall update the portion of the memorandum of understanding between | ||
the two agencies under Section 401.069, Health and Safety Code, | ||
that governs each agency's role regarding the regulation and | ||
oversight of radioactive materials and sources of radiation. | ||
SECTION 16. The changes in law made by this Act apply only | ||
to a contract for the disposal of compact waste or nonparty compact | ||
waste that is signed on or after the effective date of this Act. A | ||
contract signed before the effective date of this Act is governed by | ||
the law in effect on the date the contract was signed, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 17. This Act takes effect September 1, 2013. |