BILL ANALYSIS Environmental Regulation Committee By: Rabuck 3-7-95 BACKGROUND Current regulations require public meetings on authorizing the storage of radioactive material only after the agency has issued a license for that storage. No notice is required to be given to the public. PURPOSE HB 325 as substituted requires the Texas Board of Health and the Texas Natural Resource Conservation Commission (TNRCC) to require an applicant to publish public notice before authorization is given regarding applications involving the storage of radioactive material. RULEMAKING AUTHORITY It is the committee's opinion that Section 1 and Section 2 this bill expressly grant rulemaking authority to the Texas Board of Health and the TNRCC for the purpose of establishing guidelines for publishing notice before an applicant seeks authorization to store radioactive waste. SECTION BY SECTION ANALYSIS SECTION 1. Adds Section 401.054 to Subchapter E, Chapter 401, Health and Safety Code as follows: Sec. 401.054. (a) Requires the Board of Health (board) and the Texas Natural Resource Conservation Commission (TNRCC) to adopt rules requiring an applicant applying for permission to store radioactive waste under a new license to publish notice in a newspaper of general circulation in the county where the storage site is located. The notice must: (1) be published not earlier than three days before the filing of the application, but not later than the filing date; (2) name the applicant; (3) have the applicant's mailing address; (4) provide the location where the waste is proposed to be located; (5) describe the storage activity and the waste proposed to be stored; (6) state that the public is allowed to attend any hearing regarding the license; and (7) give the telephone number and address of the TNRCC and Department of Health so the public can request more information; (b) This section does not apply to applications for licenses to store radioactive waste with a half-life of less than 300 days, or radioactive waste that is an encapsulated special form radioactive material as defined by 49 CFR Section 173.403. (c) This section does not apply to a U.S. Department of Energy facility which dissembles nuclear weapons subject to a state and federal agreement on September 1, 1995, or NORM waste. SECTION 2. Expressly grants rulemaking authority to TNRCC and the Board of Health; the rules will be in effect not later than January 1, 1996. SECTION 3. Effective date for Section 1 of this Act is January 1, 1996 ; effective date for Section 2 of this Act is September 1, 1995. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1 of the filed version amends Subchapter D, Chapter 401, Health and Safety Code by adding Section 401.1075 as follows: (a) Requires the TNRCC to hold a public meeting on applications for new licenses, renewals for licenses, or authorizations for the storage of radioactive material. (b) Requires the meeting to be held in the county where the material is to be stored. (c) The required meeting is not a contested case. (d) Requires that the applicant applying to store radioactive waste to publish notice in the largest newspaper of the county where the radioactive waste is to be stored that: (1) is published at least once each week prior to the public meeting; (2) give the name and address of the applicant, including the address of any applicable corporate office; (3) provide the location where the waste is proposed to be located; (4) state where copies of the application may be obtained; (5) describe the storage activity and the waste to be stored; (6) give the time and place of the public meeting; and (7) be a certain size. (e) The applicant is responsible to prove to the appropriate agency that the proper notice of the public meeting was given. (f) Requires the appropriate agency to consider the public testimony taken at the public meeting. SECTION 1 of the substitute amends Subchapter E, Chapter 401, Health and Safety Code, by adding Section 401.154 which requires that notice be published but not that a public meeting be held regarding licenses to store radioactive waste, as follows: Sec. 401.054. (a) Requires the Board of Health (board) and the Texas Natural Resource Conservation Commission (TNRCC) to adopt rules requiring an applicant applying for permission to store radioactive waste under a new license to publish notice in a newspaper of general circulation in the county where the storage site is located. The notice must: (1) be published not earlier than three days before the filing of the application, but not later than the filing date; (2) name the applicant; (3) have the applicant's mailing address; (4) provide the location where the waste is proposed to be located; (5) describe the storage activity and the waste proposed to be stored; (6) state that the public is allowed to attend any hearing regarding the license; and (7) give the telephone number and address of the TNRCC and Department of Health so the public can request more information; (b) This section does not apply to applications for licenses to store radioactive waste with a half-life of less than 300 days, or radioactive waste that is . (c) This section does not apply to a U.S. Department of Energy facility which dissembles nuclear weapons subject to a state and federal agreement on September 1, 1995, or NORM waste. SECTION 2 of the filed version requires the Board of Health and the TNRCC to adopt rules pursuant to Section 1 by January 1, 1996, and grandfathers any applications made prior to January 1, 1996. SECTION 2 of the substitute expressly grants rulemaking authority to TNRCC and the Board of Health, and requires that the rules be in effect not later than January 1, 1996. SECTION 3 of the filed version makes the effective date for the entire bill September 1, 1995. SECTION 3 of the substitute makes the effective date for the notice requirements January 1, 1996, and the effective date for the express rulemaking authority September 1, 1995. SECTION 4 of the filed version is the same emergency clause as SECTION 4 of the substitute. SUMMARY OF COMMITTEE ACTION HB 325 was considered by the House Committee on Environmental Regulation in a public hearing on February 14, 1995. At the February 14, 1995 public hearing, Rep. Rabuck explained the bill, and the committee considered a complete substitute for the bill. The following persons testified in favor of the bill: Tom Smith, representing Public Citizen. Amy Carman, representing Texas Independent Producers and Royalty Owners Association. The following persons testified neutrally on the bill: Richard Ratiliff, representing himself and the Texas Department of Health, Bureau of Radiation Control. Ben Seabree, representing Texas Mid-Continent Oil & Gas Association. The substitute was withdrawn, and HB 325 was referred to a subcommittee to be named later by the chair. After being recalled from subcommittee, HB 325 was considered by the committee in a public hearing on March 7, 1995. The committee considered a complete substitute for HB 325. One amendment was offered to the substitute. The amendment was adopted without objection. The substitute as amended was adopted without objection. The chair directed the committee clerk to incorporate the amendment into the substitute to form a complete substitute. HB 325 was reported favorably as substituted with the recommendation that it do pass and be printed, by a record vote of six (6) ayes, no (0) nays, no (0) present not voting, and three (3) absent.