HBA-JRA C.S.H.B. 1172 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1172 By: Chisum Environmental Regulation 3/19/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, references to radioactive waste in state law do 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, C.S.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 this bill grants rulemaking authority to the Texas Natural Resource Conservation Commission and the Texas Department of Health in SECTION 2 (Section 401.004, Health and Safety Code). 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) Specifies that lowlevel radioactive waste means material that is discarded or unwanted and not exempt by Texas Department of Health (department) 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 Title 10, C.F.R. Section 61.55, or compatible rules established by the department or the Texas Natural Resource Conservation Commission (commission), 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; tailings or wastes produced by or resulting from the extraction or concentration of uranium or thorium from ore processed primarily for its source material content, including discrete surface wastes resulting from uranium solution extraction processes; 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 Section 401.111(a), Health and Safety Code, to make a conforming change. SECTION 6. 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 7. Amends Section 401.113(c), Health and Safety Code, to make a conforming change. SECTION 8. Amends Section 401.114(a), Health and Safety Code, to make a conforming change. SECTION 9. Amends Section 401.115, Health and Safety Code, to make a conforming change. SECTION 10. Amends Section 401.116(a), Health and Safety Code, to make a conforming change. SECTION 11. Amends Section 401.117, Health and Safety Code, to make a conforming change. SECTION 12. Amends the heading to Subchapter E, Chapter 401, Health and Safety Code, as follows: SUBCHAPTER E. MANAGEMENT OF LOW-LEVEL RADIOACTIVE WASTE SECTION 13. Amends Section 401.151, Health and Safety Code, to make a conforming change. SECTION 14. Amends Section 401.152(a), Health and Safety Code, to make conforming changes. SECTION 15. Amends Section 401.153(a), Health and Safety Code, to make a conforming change. SECTION 16. 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 17. 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 18. Amends Section 401.206(a), Health and Safety Code, to make a conforming change. SECTION 19. 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 20. Amends Section 401.301(b), Health and Safety Code, to make a change conforming to SECTION 21, which changes the name of the fund from the low-level waste fund to the low-level radioactive waste fund. SECTION 21. 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 22. 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. Makes a conforming change. (8) Makes a conforming change. SECTION 23. 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 24. Amends Section 402.181(a), Health and Safety Code, to make a conforming change. SECTION 25. Amends Section 402.182, Health and Safety Code, to make a conforming change. SECTION 26. Amends Section 402.216(a), Health and Safety Code, to make a conforming change. SECTION 27. 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 28. Amends Section 402.226(b), Health and Safety Code, to make conforming changes. SECTION 29. Amends Section 402.227, Health and Safety Code, to make a conforming change. SECTION 30. Amends Section 402.252(a) and (c), Health and Safety Code, to make conforming changes. SECTION 31. 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 pursuant to Pub. L. No. 99-240. Redesignates existing Subdivisions (6) and (7) to (5) and (6), respectively. Makes a conforming change. Sec. 402.272. WASTE DISPOSAL FEES. Makes conforming changes. SECTION 32. Amends Section 402.2721(d) and (h), Health and Safety Code, to delete 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. SECTION 33. 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. Redesignates existing Subsection (g) to Subsection (f). Makes conforming changes. SECTION 34. Amends Section 402.291(b), Health and Safety Code, to make a conforming change. SECTION 35. 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 conforming changes. SECTION 36. Amends Section 7.184, Water Code, to make conforming changes. SECTION 37. 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 38. Effective date: September 1, 1999. SECTION 39. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original in SECTION 1 by redefining "disposal" with regard to low-level radioactive waste, rather than defining "disposal of low-level radioactive waste." The substitute modifies the original in SECTION 2 by further clarifying the definition of "low-level radioactive waste" by making reference to Section 401.106, Health and Safety Code, and to Title 10, C.F.R., Section 61.55, or compatible rules. The substitute modifies the original in SECTION 32 by further deleting allocation requirements for fees established under Section 402.2721, Health and Safety Code. Adds SECTIONS 35 and 36, which amend Section 401.383, Health and Safety Code, and Section 7.184, Water Code, to make conforming changes. Redesignates proposed SECTIONS 35-37 to SECTIONS 37-39.