Bill Text: TX SB791 | 2013-2014 | 83rd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
By: Seliger | S.B. No. 791 | |
(In the Senate - Filed February 25, 2013; March 5, 2013, | ||
read first time and referred to Committee on Natural Resources; | ||
April 8, 2013, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 7, Nays 2; April 8, 2013, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 791 | By: Seliger |
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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. Subdivision (15), Section 401.003, 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 | ||
disposed or in an adjacent Texas county. | ||
SECTION 2. Subsection (d), Section 401.052, Health and | ||
Safety Code, as amended by Chapter 580 (H.B. 1678), Acts of the 78th | ||
Legislature, Regular Session, 2003, is 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) shall not be collected on waste being disposed of | ||
at a federal facility waste disposal facility [ |
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SECTION 3. 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 4. Section 401.152, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 401.152. CORRECTIVE ACTION AND MEASURES. (a) If the | ||
department or commission, under procedures provided by Section | ||
401.056, finds that low-level radioactive waste under its | ||
jurisdiction threatens the public health and safety and the | ||
environment and that the license holder managing the low-level | ||
radioactive waste is unable to remove the threat, the agency by | ||
order may require any action, including a corrective measure, that | ||
is necessary to remove the threat. | ||
(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 that are taken or that | ||
are 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 into 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 5. Section 401.2005, Health and Safety Code, is | ||
amended by adding Subdivision (6-b) to read as follows: | ||
(6-b) "Operational year" means the period from April 27 of | ||
one year through April 26 of the following year unless otherwise | ||
defined by the Texas Low-Level Radioactive Waste Disposal Compact | ||
Commission by rule. | ||
SECTION 6. 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) the commission's executive director may enter into | ||
a compliance agreement with the license holder authorizing | ||
continued operation of the disposal facility until the court | ||
determines in a final order that the procedural errors that are the | ||
basis for the remand have been resolved by the commission; and | ||
(2) all terms and conditions of the license shall | ||
remain in effect until the court determines in a final order that | ||
the procedural errors that are the basis for the remand have been | ||
resolved by the commission. | ||
SECTION 7. 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 in operational year three, the compact | ||
waste disposal facility license holder must accept for disposal at | ||
the compact waste disposal facility nonparty compact waste that, if | ||
eligible for volume reduction, has been volume-reduced by at least | ||
a factor of three. The commission by rule shall establish | ||
requirements for ensuring that low-level radioactive waste has been | ||
subjected to volume reduction in a manner consistent with this | ||
subchapter. Prior to establishing requirements for volume | ||
reduction of any low-level radioactive waste, the commission must | ||
first determine that there are competitive volume reduction | ||
technologies and companies in operation in the United States | ||
marketplace. | ||
(e) The compact waste disposal facility license holder may | ||
not enter into contracts for the disposal of nonparty low-level | ||
radioactive waste that has been designated as Class A under 10 | ||
C.F.R. Section 61.55 and commission rule [ |
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waste disposal facility license holder may not accept more than | ||
300,000 [ |
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of nonparty compact waste annually until April 26, 2019. 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 8. Subchapter F, Chapter 401, Health and Safety | ||
Code, is amended by adding Section 401.2077 to read as follows: | ||
Sec. 401.2077. COMPACT WASTE. (a) To the greatest extent | ||
practicable, if a party state compact waste generator desires to | ||
export low-level radioactive waste described in this subsection, or | ||
a subset of such waste, the compact waste disposal facility license | ||
holder shall work with party state compact waste generators to | ||
support the export of the low-level radioactive waste that has been | ||
designated as Class A under 10 C.F.R. Section 61.55 and commission | ||
rule. The Texas Low-Level Radioactive Waste Disposal Compact | ||
Commission shall support this effort by granting export petitions | ||
for Class A waste as it finds appropriate. | ||
SECTION 9. Section 401.218, Health and Safety Code, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) Modifications to waste forms, types, or streams allowed | ||
in the license by the executive director of the commission shall be | ||
based on a site-specific performance assessment and performance | ||
objectives as defined by commission rule. The executive director | ||
of the commission may adjust, correct, or otherwise modify the | ||
license on completion of the annual performance assessment. No | ||
amendment is required for licensing actions initiated by the | ||
executive director of the commission in response to the | ||
site-specific performance assessment or other studies. | ||
SECTION 10. 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 | ||
executive director's review and approval of contract terms 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 11. 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 under this subsection shall | ||
be deposited to the respective credit of the perpetual care | ||
accounts [ |
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SECTION 12. Section 401.305, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 401.305. RADIATION AND PERPETUAL CARE ACCOUNT. | ||
(a) The radiation and perpetual care account is an account in the | ||
general revenue fund. | ||
(b) The department [ |
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the credit of the perpetual care account money and security it | ||
received [ |
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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 Section 401.306 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 received 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 the 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 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 by the commission 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 commission rules. | ||
SECTION 14. Subchapter H, Chapter 401, Health and Safety | ||
Code, is amended by adding Section 401.307 to read as follows: | ||
Sec. 401.307. RADIATION AND PERPETUAL CARE ACCOUNT AND | ||
ENVIRONMENTAL RADIATION AND PERPETUAL CARE ACCOUNT CAP. (a) Fees | ||
imposed under Sections 401.301(d) and 401.052(d), and the surcharge | ||
collected under Section 401.207(h), and which are deposited to the | ||
credit of either the radiation and perpetual care account or the | ||
environmental radiation and perpetual care account shall be | ||
suspended when the sum of the two accounts reaches $150 million. If | ||
the balance of fees collected subsequently is reduced to $75 | ||
million or less, the commission and department shall reinstitute | ||
assessment of the fees until the balance reaches $150 million. | ||
(b) The surcharge collected under Section 401.207(h) shall | ||
continue to be collected regardless of whether the cap established | ||
in this subchapter is reached. | ||
SECTION 15. The following provisions of the Health and | ||
Safety Code are repealed: | ||
(1) Subsection (d), Section 401.052, as amended by | ||
Chapter 1067 (H.B. 1567), Acts of the 78th Legislature, Regular | ||
Session, 2003; | ||
(2) Subsection (h), Section 401.245; | ||
(3) Subsection (b), Section 401.2455; | ||
(4) Subsection (e), Section 401.301; and | ||
(5) Section 403.0052. | ||
SECTION 16. As soon as practicable after the effective date | ||
of this Act, the Texas Commission on Environmental Quality shall | ||
adopt rules under Subsection (d-1), Section 401.207, Health and | ||
Safety Code, as added by this Act. | ||
SECTION 17. As soon as practicable after the effective date | ||
of this Act, the Texas Commission on Environmental Quality shall | ||
adopt rules under Subsection (d), Section 401.218, Health and | ||
Safety Code, as added by this Act. | ||
SECTION 18. As soon as practicable after the effective date | ||
of this Act, and no later than one year after the effective date of | ||
this Act, the Texas Commission on Environmental Quality shall adopt | ||
rules under Subsection (b), Section 401.2456, Health and Safety | ||
Code, as added by this Act. | ||
SECTION 19. As soon as practicable after the effective date | ||
of this Act but no 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 20. Any contract for compact waste or nonparty | ||
compact waste that has been signed before the effective date of this | ||
Act shall not be affected by the changes in law made by this Act. | ||
SECTION 21. This Act takes effect September 1, 2013. | ||
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