BILL ANALYSIS H.B. 325 By: Rabuck (Sponsor) Natural Resources 05-12-95 Senate Committee Report (Unamended) BACKGROUND Current regulations require public meetings concerning the authorization of the storage of radioactive material only after the Texas Department of Health has issued a license for that storage. No notice is required to be given to the public. PURPOSE As proposed, H.B. 325 requires public notice of an application for authorization to store certain radioactive waste. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is granted to the Texas Board of Health and the Texas Natural Resource Conservation Commission under SECTION 1 (Section 401.154(a), Health and Safety Code) and SECTION 2 of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 401E, Health and Safety Code, by adding Section 401.154, as follows: Sec. 401.154. NOTICE OF APPLICATION FOR RADIOACTIVE WASTE STORAGE. (a) Authorizes the Texas Board of Health (board) and the Texas Natural Resource Conservation Commission (commission), by rule, to require an applicant, for authorization under the Texas Department of Health's jurisdiction to store radioactive waste under a new license, to publish notice of the application in a newspaper of general circulation in the county in which the proposed storage site is located. Sets forth requirements for the contents and publication of the notice. (b) Declares that this section does not apply to an application for authorization to store radioactive waste with a half-life of less than 300 days or that is an encapsulated special form radioactive material as defined by 49 CFR Section 173.403. (c) Declares that this section does not apply to a U.S. Department of Energy facility that is engaged in the disassembly of nuclear weapons and that, on September 1, 1995, is subject to state and federal agreement; or to the storage of naturally occurring radioactive material waste or of oil and gas NORM waste. SECTION 2. Requires the board and commission to adopt rules to implement and enforce Section 401.154, Health and Safety Code, and that are effective not later than January 1, 1996. SECTION 3. Effective date of SECTION 1: January 1, 1996. Effective date of SECTION 2: September 1, 1995. SECTION 4. Emergency clause.