HBA-MPM, JRA H.B. 1172 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1172
By: Chisum
Environmental Regulation
7/20/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, references to radioactive waste in state law
did not conform to references to radioactive waste in federal law.  In
order to maintain Texas' delegation from the Nuclear Regulatory Commission
to regulate radioactive materials, H.B. 1172 changes the statutory
definition of and references to low-level radioactive waste to conform with
the federal definition. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly granted to the Texas Natural Resource Conservation
Commission (TNRCC) and the Texas Department of Health (TDH) in SECTION 2
(Section 401.004, Health and Safety Code), that rulemaking authority
previously delegated to TNRCC is modified in SECTION 5 (Section 401.104,
Health and Safety Code); and that rulemaking authority previously delegated
to TDH and TNRCC is modified in SECTION 6 (Section 401.106, Health and
Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 401.003(8), (16), and (19), Health and Safety
Code, as follows: 

(8)  Redefines "disposal," to mean, with regard to low-level radioactive
waste, isolation or removal of low-level radioactive waste, rather than
radioactive waste, from mankind and mankind's environment without intent to
retrieve that low-level radioactive waste later. 

(16)  Makes a conforming change.

(19)  Makes a conforming change.

SECTION 2.  Amends Subchapter A, Chapter 401, Health and Safety Code, by
adding Sections 401.004 and 401.005, as follows: 

Sec. 401.004.  LOW-LEVEL RADIOACTIVE WASTE DEFINED.  (a)  Defines
"low-level radioactive waste" as radioactive material that is discarded or
unwanted and not exempt by Texas Board of Health (board) rule adopted under
Section 401.106 (Exemption From Licensing or Registration Requirements),
Health and Safety Code; is waste, as defined by 10 C.F.R. Section 61.2; and
is subject to concentration limits and disposal criteria established under
10 C.F.R. Section 61.55, or compatible rules established by the Texas
Department of Health (TDH) or the Texas Natural Resource Conservation
Commission (TNRCC), as applicable. 

(b)  Specifies that low-level radioactive waste does not include high-level
radioactive waste as defined by 10 C.F.R. Section 60.2; spent nuclear fuel
as defined by 10 C.F.R. Section 72.3; by-product material described by
Section 401.003(3)(B) (Definitions), Health and Safety Code; naturally
occurring radioactive material waste that is not oil and gas NORM waste; or
oil and gas NORM waste. 

Sec. 401.005.  CODE OF FEDERAL REGULATION REFERENCES.  Establishes that a
reference in this chapter to the "C.F.R." or the "Code of Federal
Regulations" means the  Code of Federal Regulations as it existed on
September 1, 1999. 

SECTION 3.  Amends Sections 401.052(b), (d), and (e), Health and Safety
Code, to make conforming changes. 

SECTION 4.  Amends Sections 401.053 and 401.061, Health and Safety Code, as
follows: 

Sec.  401.053.  New title:  CLASSIFICATION SYSTEM FOR LOW-LEVEL RADIOACTIVE
WASTE.  Makes conforming changes. 

Sec. 401.061.  New title:  LOW-LEVEL RADIOACTIVE WASTE STUDIES.  Makes
conforming changes.   

SECTION 5.  Amends Sections 401.104, Health and Safety Code, to amend
Subsections (a) and (b) and add Subsection (e).   

(a)  Includes Subsection (e) as an exception with respect to the provision
for the general or specific licensing of radioactive material or devices or
equipment using such material by board rule.  Makes a conforming change. 

(b) Includes Subsection (e) as an exception to the provision for licensing
by TNRCC rule for the disposal of radioactive material except by-product
defined by Section 401.003(3)(B), Health and Safety Code. 

(e)  Prohibits the board or TNRCC from requiring a license for a person who
is party to an order issued under Section 361.188 (Final Administrative
Order) or 361.272 (Administrative Orders Concerning Imminent and
Substantial Endangerment), Health and Safety Code, for sites subject to
Subchapter F (Registry and Cleanup of Certain Hazardous Waste Facilities),
Chapter 361 (Solid Waste Disposal Act), Health and Safety Code, or an
agreement entered into under Section 361.606 (Voluntary Cleanup Agreement),
Health and Safety Code. Provides that this subsection does not exempt a
person from complying with technical standards required of a license holder
in this chapter.  Makes an exemption granted by this subsection applicable
only to the assessment and remediation of the contamination at the site. 

SECTION 6.  Amends Section 401.106, Health and Safety Code, as follows:

Sec. 401.106.  New title:  EXEMPTION FROM LICENSING OR REGISTRATION
REQUIREMENTS OR FROM APPLICATION OF RULE.  Authorizes TDH or TNRCC, as
applicable, to exempt a radiation source or a kind or use or user from the
application of a rule adopted by TDH or TNRCC under this chapter if these
entities, respectively, determine that the exemption is not illegal and
will not result in a significant risk to public health and safety and the
environment.  Authorizes TNRCC, notwithstanding any other law, and on
request or its own initiative, to authorize on-site disposal of low-level
radioactive waste on a specific basis at any site at which the waste
disposal operations began prior to September 1, 1989, if, after evaluation
of specific waste characteristics, the disposal site, and the disposal
method, TNRCC determines that the continuation of the disposal will not
constitute a significant risk to the public health and safety and to the
environment. 

SECTION 7.  Amends Section 401.111(a), Health and Safety Code, to make a
conforming change. 

SECTION 8.  Amends Section 401.112, Health and Safety Code, as follows:

Sec. 401.112.  New title:  LOW-LEVEL RADIOACTIVE WASTE PROCESSING OR
DISPOSAL LICENSE APPLICATION AND CONSIDERATIONS.  Makes conforming  and
nonsubstantive changes. 

SECTION 9.  Amends Section 401.113(c), Health and Safety Code, to make a
conforming change. 

SECTION 10.  Amends Section 401.114(a), Health and Safety Code, to make a
conforming change. 
 
SECTION 11.  Amends Section 401.115, Health and Safety Code, to make a
conforming change. 

SECTION 12.  Amends Section 401.116(a), Health and Safety Code, to make a
conforming change. 

SECTION 13.  Amends Section 401.117, Health and Safety Code, to make a
conforming change. 

SECTION 14.  Amends the heading to Subchapter E, Chapter 401, Health and
Safety Code, as follows: 

SUBCHAPTER E.  MANAGEMENT OF LOW-LEVEL RADIOACTIVE WASTE

SECTION 15.  Amends Section 401.151, Health and Safety Code, to make a
conforming change. 

SECTION 16.  Amends Section 401.152(a), Health and Safety Code, to make
conforming changes. 

SECTION 17.  Amends Section 401.153(a), Health and Safety Code, to make a
conforming change. 

SECTION 18.  Amends the heading to Subchapter F, Chapter 401, Health and
Safety Code, as follows: 

SUBCHAPTER F.  SPECIAL PROVISIONS CONCERNING LOW-LEVEL RADIOACTIVE WASTE
DISPOSAL 

SECTION 19.  Amends Sections 401.201-401.205, Health and Safety Code, as
follows: 

Sec. 401.201.  New title:  REGULATION OF LOW-LEVEL RADIOACTIVE WASTE
DISPOSAL.  Makes a conforming change. 

Sec. 401.202.  LICENSING AUTHORITY.  Makes a conforming change.

Sec. 401.203.  LICENSE RESTRICTED TO PUBLIC ENTITY.  Makes conforming
changes. 

Sec. 401.204.  ACQUISITION OF PROPERTY.  Makes a conforming change.

Sec. 401.205.  New title:  RESPONSIBILITIES OF PERSONS LICENSED TO DISPOSE
OF LOW-LEVEL RADIOACTIVE WASTE.  Makes conforming changes. 

SECTION 20.  Amends Section 401.206(a), Health and Safety Code, to make a
conforming change. 

SECTION 21.  Amends Sections 401.207 and 401.209-401.213, Health and Safety
Code, as follows: 

Sec. 401.207.  OUT-OF-STATE WASTE.  Makes conforming changes.


Sec. 401.209.  New title:  ACQUISITION AND OPERATION OF LOW-LEVEL
RADIOACTIVE WASTE DISPOSAL SITES.  Makes conforming changes. 

Sec. 401.210.  TRANSFER COSTS OF PROPERTY.  Makes a conforming change.

Sec. 401.211.  LIABILITY.  Makes conforming changes.

Sec. 401.212.  MONITORING, MAINTENANCE, AND EMERGENCY MEASURES. Makes a
conforming changes. 

Sec. 401.213.  INTERSTATE COMPACTS.  Makes a conforming change.

SECTION 22.  Amends Section 401.301(b), Health and Safety Code, to make a
change conforming to this section, which changes the name of the fund from
the low-level waste fund to the low-level radioactive waste fund. 
 
SECTION 23.  Amends Section 401.306, Health and Safety Code, as follows:

Sec. 401.306.  New title:  LOW-LEVEL RADIOACTIVE WASTE FUND.  Makes a
conforming change. 

SECTION 24.  Amends Section 402.003(5), (6), and (8), Health and Safety
Code, as follows: 

(5)  Makes a conforming change.

(6)  Establishes that "low-level radioactive waste" has the meaning
assigned by Section 401.004.  Deletes existing definition.  

(8)  Makes a conforming change.

SECTION 25.  Amends Sections 402.014, 402.052, 402.053, 402.081, 402.082,
and 402.154, Health and Safety Code, as follows: 

Sec. 402.014.  SPECIAL LIMITATIONS ON PUBLIC MEMBERS.  Makes a conforming
change. 

Sec. 402.052.  DEVELOPMENT AND OPERATION OF DISPOSAL SITE.  Makes a
conforming change. 

Sec. 402.053.  GENERAL POWERS.  Makes a conforming change.

Sec. 402.081.  DISPOSAL SITE SELECTION STUDIES.  Makes conforming changes.

Sec. 402.082.  STUDY CRITERIA.  Makes conforming changes.

Sec. 402.154.  New title:  TECHNIQUES FOR MANAGING LOW-LEVEL RADIOACTIVE
WASTE.  Makes conforming changes. 

SECTION 26.  Amends Section 402.181(a), Health and Safety Code, to make a
conforming change. 

SECTION 27.  Amends Section 402.182, Health and Safety Code, to make a
conforming change. 

SECTION 28.  Amends Section 402.216(a), Health and Safety Code, to make a
conforming change. 

SECTION 29.  Amends Sections 402.217, 402.218, 402.219, 402.222, 402.223,
and 402.225, Health and Safety Code, as follows. 

Sec. 402.217.  DISPOSAL SITE ACTIVITIES.  Makes conforming changes.

Sec. 402.218.  New title:  ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE. Makes
a conforming change. 

Sec. 402.219.  New title:  LIMITATION ON LOW-LEVEL RADIOACTIVE WASTE
DISPOSAL.  Makes conforming changes. 

Sec. 402.222.  New title:  SHIPMENT OF LOW-LEVEL RADIOACTIVE WASTE.  Makes
conforming changes. 

Sec. 402.223.  New title:  IMPROPERLY PROCESSED OR PACKAGED LOW-LEVEL
RADIOACTIVE WASTE.  Makes conforming changes. 

Sec. 402.225.  BELOWGROUND DISPOSAL RESTRICTED.  Makes conforming changes.

SECTION 30.  Amends Section 402.226(b), Health and Safety Code, to make
conforming changes. 

 SECTION 31.  Amends Section 402.227, Health and Safety Code, to make a
conforming change. 

SECTION 32.  Amends Section 402.252(a) and (c), Health and Safety Code, to
make conforming changes. 

SECTION 33.  Amends Sections 402.271 and 402.272, Health and Safety Code,
as follows: 

Sec. 402.271.  AUTHORITY'S EXPENSES.  Deletes the requirement that the
Texas LowLevel Radioactive Waste Disposal Authority's expenses be paid from
surcharge rebates made by the United States Department of Energy under Pub.
L. No. 99-240.  Makes conforming changes. 

Sec. 402.272.  WASTE DISPOSAL FEES.  Makes conforming changes.

SECTION 34.  Amends Section 402.2721, Health and Safety Code, by amending
Subsections (d)-(h) and adding Subsection (i), as follows: 

(d)  Deletes the requirement that fees established under this section
include minimum and maximum annual fees for the 1992-1993 biennium to pay
for the estimated costs of administering, implementing, and planning the
activities authorized by this chapter and include at least $5 million to
reimburse the general revenue fund for appropriations expended and incurred
by the authority in selecting, characterizing, and licensing a disposal
site. Deletes the requirement that at least $10 million assessed and
collected in the 1992-1993 biennium to reimburse the general revenue fund
(fund) for expenses incurred prior to September 1, 1991, be deposited to
the credit of the fund.  Makes conforming changes. 

(e)  Prohibits fees established under this section from being assessed
prior to the fiscal year following the fiscal year in which the balance in
the low-level radioactive waste fund falls below $4 million; being assessed
in an amount that would result in a total amount of fees assessed that
exceeds $3 million in any fiscal biennium; or be collected at any time the
lowlevel radioactive waste fund balance is $9 million or more. 

(f)  Redesignated from existing Subsection (e).  Requires the board of
directors of the authority (board) to assess a surcharge of 10 percent of
the fee established for a biennium for each biennium, rather than the
1996-1997 biennium and subsequent bienniums.  Deletes the requirement that
the board of directors assess a surcharge of 10 percent of the fee
established for the 1992-1993 biennium, for the 1994-1995 biennium only. 

(g)  Makes a conforming change.

(h)  Makes a conforming change.

(i)  Requires the balance of the low-level radioactive waste fund
attributable to planning and implementation fees, on termination of the
imposition of fees under Subsection (d), to be transferred to a separate
account in the fund and credited pro rata to generators who have paid
planning and implementation fees. Requires a generator to receive a credit
equal to a pro rata share in the account established under this section
against waste and disposal fees the generator is required to pay under
Section 402.272 (Waste Disposal Fees), Health and Safety Code, if the
generator, on the date the imposition of fees is terminated, has paid all
planning and implementation fees owned by the generator under this section.
This credit will be maintained until the balance of the generator's pro
rata share in the account is exhausted. Provides that a generator who, on
the date the imposition of the fees is terminated, owes planning and
implementation fees under this section is ineligible for the credit. 

SECTION 35.  Amends Sections 402.274 and 402.275, Health and Safety Code,
as follows: 

Sec. 402.274.  PROCESSING AND PACKAGING FEES.  Makes conforming changes.

Sec. 402.275.  New title:  LOW-LEVEL RADIOACTIVE WASTE FUND.  Includes
payments made by a party state to a low-level radioactive waste compact
entered into under Section 402.219(c) (Limitations on Waste Disposal),
Health and Safety Code, among those monies required to be deposited to the
credit of the low-level radioactive waste fund. Deletes text authorizing
payments to this state under Public Law 99 240 from being used for the
purposes stated in the federal law.  Makes conforming changes. 

SECTION 36.  Amends Section 402.291(b), Health and Safety Code, to make a
conforming change. 

SECTION 37.  Amends Section 401.383, Health and Safety Code, as follows:

Sec. 401.383.  New Title: CRIMINAL PENALTY FOR CERTAIN ACTS RELATED TO
LOW-LEVEL RADIOACTIVE WASTE.  Makes a conforming change. 

SECTION 38.  Amends Section 7.184, Water Code, as follows:

Sec. 7.184.  New Title:  VIOLATIONS RELATING TO LOW-LEVEL RADIOACTIVE
WASTE.  Makes a conforming change. 

SECTION 39.  Repealer:  Sections 401.003(20), which defines "radioactive
waste;" 401.208 (Limitation on Certain Radioactive Waste Disposal), and
402.127 (Finding by Board of Regents Before Sale or Lease), Health and
Safety Code, relating to a low-level waste disposal site interfering with
the potential siting of the Super-conducting Super Colliding Particle
Accelerator Project. 

SECTION 40.  Makes this Act effective only if a specific appropriation for
its implementation is provided in H.B. 1 (General Appropriations Act), Acts
of the 76th Legislature, Regular Session, 1999.   

SECTION 41.  Effective Date:  September 1, 1999.

SECTION 42.  Emergency clause.