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  S.B. No. 347
 
 
 
 
AN ACT
  relating to funding for the operations of the Texas Low-Level
  Radioactive Waste Disposal Compact Commission and to the disposal
  of certain low-level radioactive waste.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (d), Section 401.052, Health and
  Safety Code, as amended by Chapters 580 (H.B. 1678) and 1067 (H.B.
  1567), Acts of the 78th Legislature, Regular Session, 2003, is
  reenacted and amended to read as follows:
         (d)  Fees assessed under this section:
               (1)  may provide additional revenue to support the
  activities of the Texas Low-Level Radioactive Waste Disposal
  Compact Commission;
               (2)  may not exceed $10 per cubic foot of shipped
  low-level radioactive waste;
               (3) [(2)]  shall be collected by the department and
  deposited to the credit of the perpetual care account;
               (4) [(3)]  shall be used [exclusively] by the
  department for 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
               (5) [(4)]  may not be collected on waste disposed of at a federal waste disposal facility[shall be suspended when the amount of fees collected reaches $500,000, except that if the balance of fees collected is reduced to $350,000 or less, the assessments shall be reinstituted to bring the balance of fees collected to $500,000].
  at a federal waste disposal facility [shall be suspended when the  [shall be suspended when the
  amount of fees collected reaches $500,000, except that if the
  balance of fees collected is reduced to $350,000 or less, the
  assessments shall be reinstituted to bring the balance of fees
  collected to $500,000].].
         SECTION 2.  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 [or commission] shall deposit
  security provided to the department under this section to the
  credit of the perpetual care account.  The department [or
  commission] by rule shall provide that any evidence of security
  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 3.  Section 401.152, Health and Safety Code, is
  amended by amending Subsection (b) and adding Subsection (c) to
  read as follows:
         (b)  The department [agency] 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 department [agency]
  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 taken or to be taken
  under this section, including costs associated with the Texas
  Low-Level Radioactive Waste Disposal Compact Commission.  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 to 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 4.  Section 401.207, Health and Safety Code, is
  amended by adding Subsections (d-1), (d-2), (d-3), and (e-2) and
  amending Subsections (e), (e-1), and (h) to read as follows:
         (d-1)  Beginning September 1, 2015, the compact waste
  disposal facility license holder may accept nonparty compact waste
  for disposal at the facility only if:
               (1)  the waste has been volume-reduced, if eligible, by
  at least a factor of three in a manner consistent with this
  subchapter as provided by commission rule; and
               (2)  the compact waste disposal facility license holder
  collects a surcharge under Subsection (g).
         (d-2)  If volume reduction of a low-level radioactive waste
  stream would result in a change of waste classification to a class
  higher than Class C, the payment of the fee and compliance with
  other requirements of Subsection (d-1) do not apply.
         (d-3)  The commission may assess an additional fee on a
  nonparty compact waste generator for failing to comply with the
  volume reduction requirements established under this section.  The
  fee shall be deposited to the credit of the low-level radioactive
  waste fund under Section 401.249.  Fees deposited under this
  subsection may be transferred and used only to support the
  operations of the Texas Low-Level Radioactive Waste Disposal
  Compact Commission under Section 401.251.
         (e)  The compact waste disposal facility license holder may
  not collect a fee under this section or enter into a contract for
  the disposal of nonparty low-level radioactive waste that has been
  designated as Class A low-level radioactive waste under 10 C.F.R.
  Section 61.55 and commission rule unless the waste is
  containerized.  The compact waste disposal facility license holder
  may collect a fee and dispose of:
               (1)  not more than the greater of:
                     (A)  1.167 million curies of nonparty compact
  waste; or
                     (B)  an amount of nonparty compact waste equal to
  30 percent of the initial licensed capacity of the facility; and
               (2)  not more than 275,000 curies of nonparty compact
  waste in any fiscal year [accept more than 50,000 total cubic feet
  of nonparty compact waste annually.   The compact waste disposal
  facility license holder may not accept more than 120,000 curies of
  nonparty compact waste annually, except that in the first year the
  license holder may accept 220,000 curies].
         (e-1)  The legislature by general law may establish revised
  limits under Subsection (e) after considering the results of the
  study under Section 401.208.
         (e-2) [(e-1)]  The commission's executive director, on
  completion of the study under Section 401.208, may prohibit the
  license holder from accepting any additional nonparty compact waste
  if the commission determines from the study that the capacity of the
  facility will be limited, regardless of whether the limit under
  Subsection (f) has been reached.
         (h)  A surcharge collected under Subsection (g) shall be
  deposited to the credit of the environmental radiation and
  perpetual care account [low-level radioactive waste fund].
         SECTION 5.  Subsection (c), Section 401.208, Health and
  Safety Code, is amended to read as follows:
         (c)  Not later than December 1, 2016 [2012], the commission
  shall submit a final report of the results of the study to the
  standing committees of the senate and the house of representatives
  with jurisdiction over the disposal of low-level radioactive waste.
         SECTION 6.  Section 401.218, Health and Safety Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  In addition to the fees charged to support the
  operations of the Texas Low-Level Radioactive Waste Disposal
  Compact Commission, the commission's executive director may charge
  a license holder a fee to cover the administrative costs of the
  executive director's action to adjust, correct, or otherwise modify
  a license.
         SECTION 7.  Section 401.249, Health and Safety Code, is
  amended by amending Subsection (e) and adding Subsection (f) to
  read as follows:
         (e)  The commission may transfer money from the low-level
  radioactive waste fund to the environmental radiation and perpetual
  care account to make payments required by the commission under
  Section 401.303.  The commission shall notify the Texas Low-Level
  Radioactive Waste Disposal Compact Commission of an action the
  commission takes under this subsection.
         (f)  The commission shall deposit in the account the portion
  of the fee collected under Section 401.245 that is calculated to
  support the activities of the Texas Low-Level Radioactive Waste
  Disposal Compact Commission as required by Section 4.04(4), Texas
  Low-Level Radioactive Waste Disposal Compact (Section 403.006 of
  this code).  The fee shall be assessed for party state compact waste
  and nonparty compact waste.
         SECTION 8.  Subsections (b) and (c), Section 401.251, Health
  and Safety Code, are amended to read as follows:
         (b)  On the first day of each state fiscal year, the
  comptroller shall transfer from the low-level radioactive waste
  fund to the low-level radioactive waste disposal compact commission
  account an amount equal to the amount appropriated for that state
  fiscal year.  On September 30 of each fiscal year, the comptroller
  shall transfer the unexpended and unencumbered money from the
  previous fiscal year in the low-level radioactive waste disposal
  compact commission account to the low-level radioactive waste fund 
  [The commission shall deposit in the account the portion of the fee
  collected under Section 401.245 that is calculated to support the
  activities of the Texas Low-Level Radioactive Waste Disposal
  Compact Commission as required by Section 4.04(4), Texas Low-Level
  Radioactive Waste Disposal Compact (Section 403.006 of this code)].
         (c)  Money in the low-level radioactive waste disposal
  compact commission account may be used [appropriated] only to
  support the operations of the Texas Low-Level Radioactive Waste
  Disposal Compact Commission.
         SECTION 9.  Subsection (d), Section 401.301, Health and
  Safety Code is amended to read as follows:
         (d)  The commission and department shall [may] require that
  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 by the department under this
  subsection shall be deposited to the credit of the perpetual care
  account.  Fees collected by the commission under this subsection
  shall be deposited to the environmental radiation and perpetual
  care account.  The fees are not refundable.  The holder of a
  specific license authorizing the extraction, processing, or
  concentration of uranium or thorium from ore is not required to pay
  the additional fee described by this subsection before the
  beginning of operations under the license.
         SECTION 10.  Subsection (g), Section 401.303, Health and
  Safety Code, is amended to read as follows:
         (g)  If a license holder satisfies the obligations under this
  chapter, the issuing agency shall have the comptroller promptly
  refund to the license holder from the perpetual care account or the
  environmental radiation and perpetual care account, as applicable, 
  the excess of the amount of all payments made by the license holder
  to the issuing agency and the investment earnings of those payments
  over the amount determined to be required for the continuing
  maintenance and surveillance of land, buildings, and radioactive
  material conveyed to the state.
         SECTION 11.  Subsections (b), (c), (d), (e), (f), and (g),
  Section 401.305, Health and Safety Code, are amended to read as
  follows:
         (b)  The department [and commission each] shall deposit to
  the credit of the perpetual care account money and security it
  receives [they receive] under this chapter, including an
  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 [or commission] only for storage,
  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 [or
  commission].
         (e)  The department [or commission] may use money in the
  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 [or commission] to meet the
  requirements of this chapter or of department [or commission]
  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 [or commission] may provide, by the terms
  of a contract or lease entered into between the department [or
  commission] and any person, by the terms of a mammography
  certification issued by the department [or commission] to any
  person, or by the terms of a license issued to any person, for the
  storage, maintenance, and distribution of mammography medical
  records.  The department [or commission] may provide, by the terms
  of a contract or lease entered into between the department [or
  commission] and any person or by the terms of a license issued by
  the department [or commission] to any person, for the
  decontamination, closure, decommissioning, reclamation,
  surveillance, or other care of a site or facility subject to
  department [or commission] jurisdiction under this chapter as
  needed to carry out the purpose of this chapter.
         (g)  The existence of the perpetual care account does not
  make the department [or commission] liable for the costs of
  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
  [or commission] rules.
         SECTION 12.  Subchapter H, Chapter 401, Health and Safety Code,
  is amended by adding Sections 401.306 and 401.307 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 to support the
  activities of the Texas Low-Level Radioactive Waste Disposal
  Compact Commission.
         (b)  The commission shall deposit to the credit of the
  environmental radiation and perpetual care account money and
  security it receives 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 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 of 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 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 of commission rules.
         Sec. 401.307.  PERPETUAL CARE ACCOUNT AND ENVIRONMENTAL
  RADIATION AND PERPETUAL CARE ACCOUNT CAPS.  (a)  The fees imposed
  under Sections 401.052(d) and 401.301(d) are suspended when the sum
  of the balances of the perpetual care account and the environmental
  radiation and perpetual care account reaches $100 million.  The
  fees are reinstated when the sum of the balances of the perpetual
  care account and the environmental radiation and perpetual care
  account falls to $50 million or less.
         (b)  The surcharge collected under Section 401.207(g) is
  collected without regard to the balances of the perpetual care
  account and the environmental radiation and perpetual care account.
         (c)  Notwithstanding Subsection (a), a fee imposed by the
  commission under Section 401.301(d) on the holder of a license
  authorizing the extraction, processing, or concentration of
  uranium or thorium from ore is suspended when the amount in the
  environmental radiation and perpetual care account attributable to
  those fees reaches $2 million.  If the amount in that account
  attributable to those fees is reduced to $1.5 million or less, the
  fee is reinstated until the amount reaches $2 million.
         (d)  Notwithstanding Subsection (a), a fee imposed under
  Section 401.052(d) is suspended from imposition against a party
  state compact waste generator when the amount in the perpetual care
  account attributable to those fees reaches $500,000.  If the amount
  in that account attributable to those fees is reduced to $350,000 or
  less, the fee is reinstated until the amount reaches $500,000.
         (e)  This section does not relieve a generator from liability
  for a transportation accident involving low-level radioactive
  waste.
         SECTION 13.  The following sections of the Health and Safety
  Code are repealed:
               (1)  Subsection (h), Section 401.245;
               (2)  Subsection (b), Section 401.2455;
               (3)  Subsection (e), Section 401.301; and
               (4)  Section 403.0052.
         SECTION 14.  (a)  As soon as practicable after the effective
  date of this Act, the Texas Commission on Environmental Quality
  shall adopt rules to implement Subsection (d-1), Section 401.207,
  and Subsection (d), Section 401.218, Health and Safety Code, as
  added by this Act.
         (b)  As soon as practicable after the effective date of this
  Act but not 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 15.  The changes in law made by this Act apply only
  to a contract for the disposal of compact waste or nonparty compact
  waste that is signed on or after the effective date of this Act.  A
  contract signed before the effective date of this Act is governed by
  the law in effect on the date the contract was signed, and the
  former law is continued in effect for that purpose.
         SECTION 16.  This Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 347 passed the Senate on
  March 21, 2013, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendments on May 24, 2013, by the
  following vote: Yeas 26, Nays 5.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 347 passed the House, with
  amendments, on May 22, 2013, by the following vote: Yeas 130,
  Nays 15, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor