Texas 2019 - 86th Regular

Texas House Bill HB4089 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R14189 SLB-F
2	2	By: Blanco H.B. No. 4089
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of radioactive waste.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 401.052(b), (d), (e), and (f), Health
10	10	and Safety Code, are amended to read as follows:
11	11	(b) Rules adopted under this section for [low-level]
12	12	radioactive waste must:
13	13	(1) to the extent practicable, be compatible with
14	14	United States Department of Transportation and federal commission
15	15	regulations relating to the transportation of [low-level]
16	16	radioactive waste;
17	17	(2) require each shipper and carrier of [low-level]
18	18	radioactive waste to:
19	19	(A) adopt an emergency plan approved by the
20	20	department for responding to transportation accidents; and
21	21	(B) provide notice of shipping to:
22	22	(i) the department; and
23	23	(ii) the local emergency planning committee
24	24	for each county through which the waste will travel;
25	25	(3) require the notification and reporting of
26	26	accidents to the department and to local emergency planning
27	27	committees in the county where the accident occurs;
28	28	(4) require each shipper to adopt a quality control
29	29	program approved by the department to verify that shipping
30	30	containers are suitable for shipment to a licensed disposal
31	31	facility;
32	32	(5) assess a fee on shippers for shipments to a Texas
33	33	[low-level] radioactive waste disposal or storage facility [of
34	34	low-level radioactive waste originating in Texas or out-of-state];
35	35	and
36	36	(6) require a carrier to carry liability insurance in
37	37	an amount the executive commissioner determines is sufficient to
38	38	cover damages likely to be caused by a shipping accident in
39	39	accordance with regulations imposed by the United States Department
40	40	of Transportation and the federal commission.
41	41	(d) Fees assessed under this section:
42	42	(1) may provide additional revenue to support the
43	43	activities of the Texas Low-Level Radioactive Waste Disposal
44	44	Compact Commission;
45	45	(2) may be assessed in an amount determined by the
46	46	commission as adequate to remediate a potential radiation release
47	47	and related damages [not exceed $10 per cubic foot of shipped
48	48	low-level radioactive waste];
49	49	(3) shall be collected by the department and deposited
50	50	to the credit of the perpetual care account; and
51	51	(4) shall be used by the department for emergency
52	52	planning for and response to transportation accidents involving
53	53	[low-level] radioactive waste, including first responder training
54	54	in counties through which transportation routes are designated in
55	55	accordance with Subsection (a)[; and
56	56	[(5) may not be collected on waste disposed of at
57	57	a federal waste disposal facility].
58	58	(e) Money expended from the perpetual care account to
59	59	respond to accidents involving [low-level] radioactive waste must
60	60	be reimbursed to the perpetual care account by the responsible
61	61	shipper or carrier according to rules adopted by the executive
62	62	commissioner.
63	63	(f) In this section, "shipper" means a person who generates
64	64	[low-level] radioactive waste and ships or arranges with others to
65	65	ship the waste to a disposal site.
66	66	SECTION 2. Subchapter C, Chapter 401, Health and Safety
67	67	Code, is amended by adding Section 401.0565 to read as follows:
68	68	Sec. 401.0565. CONTINGENCY PLANS. After opportunity for
69	69	public hearing and comment, the commission shall develop and adopt
70	70	by rule a set of conditions that would trigger the enactment of a
71	71	contingency plan. The contingency plan must include rules and
72	72	procedures for addressing:
73	73	(1) the financial impairment or failure of the holder
74	74	of a license issued under this chapter;
75	75	(2) the abandonment of a site or operation governed by
76	76	this chapter;
77	77	(3) failure to maintain the security or radiation-free
78	78	status of a site licensed under this chapter;
79	79	(4) an uncontrolled or inadequately controlled
80	80	radiation release; and
81	81	(5) threats to public health and safety arising from
82	82	activity governed by this chapter.
83	83	SECTION 3. The heading to Section 401.071, Health and
84	84	Safety Code, is amended to read as follows:
85	85	Sec. 401.071. GENERAL POWERS OF COMMISSION IN RELATION TO
86	86	[LOW-LEVEL] RADIOACTIVE WASTE.
87	87	SECTION 4. Section 401.071, Health and Safety Code, is
88	88	amended by adding Subsection (c) to read as follows:
89	89	(c) The commission shall develop standards for and ensure
90	90	the implementation of biannual, independent inspections of a
91	91	radioactive waste site. The commission shall contract for the
92	92	inspections, the cost of which shall be paid by the license holder
93	93	of the inspected facility. The commission shall choose a new
94	94	third-party inspector at least every six years. The inspection
95	95	shall:
96	96	(1) verify waste volumes and curies in the facility;
97	97	(2) monitor safety;
98	98	(3) check for radiation releases on and off site; and
99	99	(4) conduct financial audits to determine the adequacy
100	100	of financial assurance held by the facility.
101	101	SECTION 5. Section 401.108(a), Health and Safety Code, is
102	102	amended to read as follows:
103	103	(a) Before a license is issued or renewed by the commission,
104	104	the applicant shall demonstrate to the commission that the
105	105	applicant is financially qualified to conduct the licensed
106	106	activity, including any required decontamination, decommissioning,
107	107	reclamation, and disposal, by posting security acceptable to the
108	108	commission. The commission shall adjust the amount of financial
109	109	security to account for information received from the state
110	110	auditor.
111	111	SECTION 6. (a) The state auditor shall review:
112	112	(1) the federal license application for consolidated
113	113	interim storage of high-level radioactive waste in this state; and
114	114	(2) proposals to expand the amount, volume, curies, or
115	115	types of radioactive waste to be stored or disposed of in this
116	116	state.
117	117	(b) The state auditor shall analyze:
118	118	(1) the potential cost, both with and without the
119	119	inclusion of federal money, of remediating the worst-case scenario
120	120	accident related to:
121	121	(A) the transportation of radioactive waste; and
122	122	(B) radiation releases at or near the waste site;
123	123	(2) the potential economic and health effects of a
124	124	radiation release to businesses and residents in communities near a
125	125	site licensed under Chapter 401, Health and Safety Code, and along
126	126	transportation routes for radioactive waste; and
127	127	(3) any other matter the state auditor determines is
128	128	relevant to a matter related to the review under Subsection (a) of
129	129	this section.
130	130	(c) The analysis under Subsection (b)(1) of this section
131	131	must be based on:
132	132	(1) studies of transportation accident costs prepared
133	133	for the State of Nevada in regard to Yucca Mountain; and
134	134	(2) costs incurred for the remediation of radiation at
135	135	existing private and federal radioactive waste facilities.
136	136	(d) Not later than December 1, 2020, the state auditor shall
137	137	make available a report containing the results of the review and
138	138	analysis required by this section.
139	139	SECTION 7. The Texas Commission on Environmental Quality
140	140	may not approve a change to a license issued under Chapter 401,
141	141	Health and Safety Code, that relates to the amount, volume, curies,
142	142	or type of radioactive waste accepted by a facility in this state
143	143	until the 30th day after the later of:
144	144	(1) the date the report required by Section 6 of this
145	145	Act is made available by the state auditor; or
146	146	(2) the date by which the Texas Commission on
147	147	Environmental Quality has:
148	148	(A) completed the contingency plan required by
149	149	Section 401.0565, Health and Safety Code, as added by this Act; and
150	150	(B) adjusted financial assurance requirements
151	151	according to Section 401.108, Health and Safety Code, as amended by
152	152	this Act.
153	153	SECTION 8. This Act takes effect September 1, 2019.