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.