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.