By: Turner H.B. No. 3699
A BILL TO BE ENTITLED
AN ACT
relating to the disposal of nonparty compact low-level radioactive
waste at the Texas Low-Level Radioactive Waste Disposal Compact
waste disposal facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 401.207, Health and Safety Code, is
amended to read as follows:
Sec. 401.207. OUT-OF-STATE WASTE. (a) The compact waste
disposal facility license holder may not accept low-level
radioactive waste generated in another state for disposal under a
license issued by the commission unless the waste is:
(1) accepted under a compact to which the state is a
contracting party;
(2) federal facility waste that the license holder is
licensed to dispose of under Section 401.216; or
(3) generated from manufactured sources or devices
originating in this state.
(4) approved under Section 403.3.05(6) of the Texas
Low-Level Radioactive Waste Disposal Compact.
(b) No waste generated in another state may be disposed of
at the compact facility under a license issued by the commission
until the commission has completed the following studies:
(1) A comparative-analysis of anticipated costs,
volumes and radioactivity resulting from disposal of waste
originating in the compact states to determine whether or not any
excess capacity would exist at the disposal facility, and under
each of the following scenarios:
(a) if waste minimization techniques are adopted
by waste generators, waste processors, and the waste disposal
facility
(b) if during nuclear plant decommissioning
radioactive materials are not separated from one another based upon
classification or from other non-radioactive materials prior to
disposal
(2) An analysis of potential cleanup costs if the
facility's liner is breached and radioactive waste migrates into
one or more neighboring fresh water formations after the
termination of the license, and of the liability born by the state
under such scenarios;
(3) An analysis of anticipated transportation routes
through the state that would be used to bring imported waste to the
disposal facility, the likelihood of accidents and/or spills along
those routes, the adequacy of emergency preparedness to respond to
accidents and/or spills along those routes, and the resulting costs
that would be associated with healthcare, clean-up, and
compensating property owners for contaminated property;
(4) An analysis of the adequacy of all related surety
bonds against post-closure costs, including funds for unplanned
events, to ensure that these funds are adequately segregated, the
instruments are highly unlikely to result in a financial reversal,
and that the amounts available will cover the state's liabilities,
including any discovered in the execution of Subsections (2) and
(3).
(c) The compact waste disposal facility license holder is
not entitled to accept for disposal at the compact waste disposal
facility non-compact waste that is classified as Class A, Class B,
or Class C low-level radioactive waste if acceptance may diminish
the disposal volume available to party states.
(d) The acceptance for disposal of waste of international
origin at the compact waste disposal facility is prohibited.
SECTION 2. Subchapter F, Chapter 401, Health and Safety
Code, is amended by adding Section 401.208 to read as follows:
Sec. 401.208. LIMITATIONS ON NONPARTY COMPACT WASTE. (a) In
this section:
(1) "Compact" means the compact under Section 403.006.
(2) "Compact commission" means the commission
established under Article III of the compact.
(3) "Nonparty compact waste" means low-level
radioactive waste accepted from a state other than a party state as
authorized by Section 3.05(6) of the compact.
(b) The compact waste disposal facility license holder may
accept nonparty compact waste for disposal at the compact waste
disposal facility only as necessary to address unplanned or
extraordinary events occurring in the generating state, as defined
by rule by the compact commission.
(c) The compact waste disposal facility license holder may
not accept a volume of nonparty compact waste that would exceed 10
percent of the total volume of the host state's compact waste as
projected by the commission to be accepted by the facility under
Section 3.04(11) of the compact, its license issued by the
commission and under rules promulgated by the compact commission.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.