HBA-JRA H.B. 674 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 674
By: Gallego
Environmental Regulation
2/17/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Texas Low-Level Radioactive Waste Authority is charged with
developing and operating a low-level radioactive waste disposal facility.
However, no site for such  disposal has yet been authorized.  H.B. 674
requires the State of Texas to contract with a private entity to construct
and operate a low-level radioactive waste disposal facility. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority previously delegated to the board of directors of the Texas
Low-Level Radioactive Waste Disposal Authority is modified in SECTION 14
(Section 402.272, Health and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 402.003(1) and (2), Health and Safety Code, to
redefine "authority" and "board." 

SECTION 2.  Amends Section 402.024, Health and Safety Code, as follows:

Section 402.024.  New title:  EXECUTIVE DIRECTOR.  Makes conforming changes.

SECTION 3.  Amends Section 402.025(a), Health and Safety Code, to make a
conforming change. 

SECTION 4.  Amends Section 402.029, Health and Safety Code, to provide that
Travis County, Texas, is the only proper venue for any suits brought by or
against the Texas Low-Level Radioactive Waste Disposal Authority
(authority) regarding site selection or licensing of any disposal facility,
rather than regarding a disposal facility located within the geographical
area of Hudspeth County, Texas, described in Section 402.0921(Site Area).
Makes conforming changes. 

SECTION 5.  Amends Section 402.052, Health and Safety Code, to require that
the authority contract with a private person to develop, maintain, and
operate one disposal site for the disposal of low-level waste in this state
to discharge the responsibilities of the host state under the Texas
LowLevel Radioactive Waste Disposal Compact (compact), rather than
requiring the authority to develop and operate the disposal site. 

SECTION 6.  Amends Subchapter C, Chapter 402, Health and Safety Code, by
adding Section 402.0525, as follows: 

Sec. 402.0525.  TRANSFER OF TITLE TO SITE.  Requires the Texas Natural
Resource Conservation Commission (commission) to take title to a disposal
site and those facilities at the site that are required for the disposal of
low-level waste under the compact at the time the commission issues the
site a license for disposal of low-level waste and in accordance with
Section 401.209 (Acquisition and Operation of Radioactive Waste Disposal
Sites). 

SECTION 7.  Amends Section 402.059(a), Health and Safety Code, to remove
the restriction that the land be in Hudspeth County, Texas, when assessing
the suitability of land for a disposal site. 

 SECTION 8.  Amends Section 402.152, Health and Safety Code, to delete the
existing text of Subsection (a) requiring the authority to submit
applications and information to obtain licenses and authorizations.
Deletes the existing text of Subsection (c) requiring the authority to
maintain field offices and conduct studies necessary to support the license
application for a disposal site. Redesignates existing Subsections (b),
(d), and (e) to Subsections (a), (b), and (c), respectively. Makes
conforming changes. 

SECTION 9.  Amends Subchapter F, Chapter 402, Health and Safety Code, by
adding Section 402.1525, as follows: 

Sec.  402.1525.  NOTICE AND HEARING.  Requires the commission to provide
notice and an opportunity for hearing on an application for a license to
operate a disposal site under this chapter on written request of any person
affected.  Establishes that the hearing is a contested case hearing under
Chapter 2001, Government Code (Administrative Procedure Act). Establishes
that, in this section,  "person affected" has the meaning assigned by
Section 401.003 (Definitions). 

SECTION 10.  Amends Section 402.213, Health and Safety Code, to make a
conforming change. 

SECTION 11.  Amends Section 402.215(b), Health and Safety Code, to make a
conforming change. 

SECTION 12.  Amends Section 402.252(a) and (c), Health and Safety Code, to
require the authority to transfer money each quarter to the commissioners
court of the host county in an amount determined by the board of directors
of the Texas Low-Level Radioactive Waste Disposal Authority (board), rather
than to transfer all the money in the low level waste fund generated by
planning and implementation fee surcharges under Sections 402.2721(e) and
(f) (Planning and Implementation Fees) and that portion of waste disposal
fee identifiable as adopted for the purposes of Section 402.273(a)(3) and
(b) (Waste Disposal Fee Criteria).  Makes conforming changes. 

SECTION 13.  Amends Section 402.271, Health and Safety Code, to require
that the authority's expenses be paid from fees paid to the authority under
Section 402.272(d) (Waste Disposal Fees), surcharge rebates made by the
United States Department of Energy pursuant to Pub. L. No. 99-240, and
appropriations made by the legislature, rather than from waste disposal
fees, planning and implementation fees, proceeds from the sale of bonds
under Subchapter K (Revenue Bonds), contributions from members of a low
level waste compact entered into under Section 402.219(c) (Limitations on
Waste Disposal), and other receipts, fees, and interest earned in funds
authorized by or collected under this subchapter and deposited in the low
level waste fund.  Redesignates existing Subdivisions (5) and (6) to (2)
and (3), respectively. 

SECTION 14.  Amends Section 402.272, Health and Safety Code, to require the
person who operates the disposal site under this chapter, rather than the
board, to collect a waste disposal fee from each person who delivers
low-level waste to the site.  Requires the person who operates the disposal
site to establish waste disposal fees by contracts with persons who
generate the waste or deliver the waste for disposal.  Requires the board,
by rule, to adopt and periodically revise waste disposal fees only if the
person who operates the disposal site is not able to reach an agreement on
a fee contract.  Requires the person who operates the disposal site to pay
to the authority each fiscal year an amount equal to two percent of the
waste disposal fees paid to the person under this section in that fiscal
year or $200,000, whichever is less. 

SECTION 15.  Amends Sections 402.275(c)-(g), Health and Safety Code, as
follows: 

(c)  Requires money collected by the authority, including payment received
under Section 402.272(d) (Waste Disposal Fees), money received in the host
state's low-level waste fund as required by Article V of the Texas
Low-Level Radioactive Waste Disposal Compact (Section 403.006), rather than
waste disposal fees, planning and implementation fees, surcharges on
planning and implementation fees, and processing and packaging fees, to be
deposited to the credit of the low-level waste fund.  Makes a
nonsubstantive change. 

(d)  Deletes debt service and necessary fees and charges, including
insurance premiums and  similar costs, associated with the issuance and
payment of bonds under Subchapter K (Revenue Bonds), from the list of
expenses for which the money in the low-level waste fund may be used to
pay.  Redesignates existing Subdivision (8) to Subdivision (7).  Makes a
conforming change. 

(e)  Makes a conforming change.

(f)  Redesignated from existing Subsection (g).

SECTION 16.  (a)  Repealer:  Sections 401.203 (License Restricted to Public
Entity), 402.059 (c) and (d) (Power to Enter Property), 402.0921 (Site
Area), 402.0922 (Eminent Domain), 402.151 (Preparations for Obtaining
Licenses and Authorizations), 402.154 (Techniques for Managing LowLevel
Waste), 402.2721 (Planning and Implementation Fees), and 402.274
(Processing and Packaging Fees), Health and Safety Code. 

(b)  Repealer:  Subchapters E (School and University Land), G (Disposal
Site Construction), and K (Revenue Bonds), Chapter 402, Health and Safety
Code. 

SECTION 17.  Requires the General Land Office to transfer to Sul Ross State
University any land purchased  for a disposal site to be operated under
Chapter 402, Health and Safety Code (Low-level Radioactive Waste
Authority), for which a person was denied a license to dispose of waste at
a site located on that land before the effective date of this Act.
Provides that the university is liable to any taxing entity for property
taxes due on the land. 

SECTION 18.  Requires the authority to restore any land that was purchased
for a disposal site to be operated under Chapter 402, Health and Safety
Code (Low-level Radioactive Waste Authority), for which a person was denied
a license to dispose of waste at a site located on that land before the
effective date of this Act, to the condition of the land when purchased for
that purpose. 

SECTION 19.  Effective date: September 1, 1999.

SECTION 20.  Emergency clause.