By:  Zbranek                                           H.B. No. 632
       73R2647 MI-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the prohibition on issuing a permit for the storage,
    1-3  processing, or disposal of hazardous waste in a salt dome or
    1-4  sulphur mine.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 361.114, Health and Safety Code, is
    1-7  amended to read as follows:
    1-8        Sec. 361.114.  PROHIBITION ON <GRANT OF> PERMIT FOR DISPOSAL
    1-9  OF HAZARDOUS WASTE IN <INTO> SALT DOMES OR SULPHUR MINES.  The
   1-10  commission by rule shall prohibit the issuance of a permit to
   1-11  store, process, or dispose of hazardous waste <(a)  The commission
   1-12  may not issue a permit for a hazardous waste injection well> in a
   1-13  solution-mined salt dome cavern or a sulphur mine <unless the
   1-14  United States Environmental Protection Agency and the commission
   1-15  determine that sufficient rules are in place to regulate that
   1-16  activity.>
   1-17        <(b)  Before issuing a permit for a hazardous waste injection
   1-18  well in a solution-mined salt dome cavern, the commission by order
   1-19  must find that there is an urgent public necessity for the
   1-20  hazardous waste injection well.  The commission, in determining
   1-21  whether an urgent public necessity exists for the permitting of the
   1-22  hazardous waste injection well in a solution-mined salt dome
   1-23  cavern, must find that:>
   1-24              <(1)  the injection well will be designed, constructed,
    2-1  and operated in a manner that provides at least the same degree of
    2-2  safety as required of other currently operating hazardous waste
    2-3  disposal technologies;>
    2-4              <(2)  consistent with the need and desire to manage
    2-5  within the state hazardous wastes generated in the state, there is
    2-6  a substantial or obvious public need for additional hazardous waste
    2-7  disposal capacity and the hazardous waste injection well will
    2-8  contribute additional capacity toward servicing that need;>
    2-9              <(3)  the injection well will be constructed and
   2-10  operated in a manner so as to safeguard public health and welfare
   2-11  and protect physical property and the environment;>
   2-12              <(4)  the applicant has demonstrated that groundwater
   2-13  and surface waters, including public water supplies, will be
   2-14  protected from the release of hazardous waste from the salt-dome
   2-15  waste containment cavern; and>
   2-16              <(5)  any other criteria required by the commission to
   2-17  satisfy that the test of urgency has been met>.
   2-18        SECTION 2.  The importance of this legislation and the
   2-19  crowded condition of the calendars in both houses create an
   2-20  emergency and an imperative public necessity that the
   2-21  constitutional rule requiring bills to be read on three several
   2-22  days in each house be suspended, and this rule is hereby suspended,
   2-23  and that this Act take effect and be in force from and after its
   2-24  passage, and it is so enacted.