BILL ANALYSIS
S.B. 1697
By: Bivins (Walker)
May 15, 1995
Committee Report (Amended)
BACKGROUND
University research departments, medical research facilities, and
some facets of industry have approached companies such as Waste
Control Specialists Inc., about providing a facility to manage
their low-level radioactive waste (LLRW) and mixed waste. These
institutions require a facility that can package their LLRW before
disposal, and they need research and treatment plants to provide
waste reduction technologies for mixed waste prior to disposal.
The Texas Low-Level Radioactive Waste Disposal Authority
(authority) will not be providing any of these waste management
services. Federal and state laws require all LLRW and mixed waste
to go to the authority, but it has decided not to process LLRW or
accept mixed waste.
PURPOSE
SB 1697 authorizes the Texas Natural Resource Conservation
Commission (TNRCC) to issue a radioactive waste disposal license
for the disposal of mixed waste to a private entity if the private
entity holds a permit to operate a hazardous waste landfill. The
bill also regulates the type of waste that a license holder may
accept for disposal.
RULEMAKING AUTHORITY
It is the committee's opinion that the original bill received from
the Senate does not expressly delegate rulemaking authority to a
state officer, department, agency or institution.
It is also the committee's opinion that Committee Amendment Number
1 expressly delegates rulemaking authority to the Board of the
Texas Low-Level Radioactive Waste Disposal Authority [Sec.
402.2741, Health and Safety Code].
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 401F, Health and Safety Code, by adding
Sections 401.2031, 401.2071, and 401.2072, as follows:
Sec. 401.2031. MIXED WASTE DISPOSAL LICENSE. (a) Authorizes
the Texas Natural Resource Conservation Commission (TNRCC),
notwithstanding Section 401.203, to issue a radioactive waste
disposal license for the disposal of mixed waste to a private
entity if the private entity holds a permit to operate a
hazardous waste landfill in counties with a population less
than 25,000 and less than an average annual rainfall of less
than 18 inches.
(b) Defines "mixed waste" as a combination of hazardous waste
and low-level waste.
(c) States that this section applies only to a private entity
that held a permit to operate a commercial hazardous waste
landfill on January 1, 1995.
Sec. 401.2071. OUT-OF-STATE MIXED WASTE. (a) Authorizes a
person who holds a license for processing, storage, or
disposal of mixed waste from another person to accept mixed
waste that is generated in another state for storage,
processing, or disposal in accordance with the applicable
permit conditions.
(b) Defines "mixed waste" as a combination of hazardous
waste and low-level waste.
Sec. 401.2072. STORAGE OF LOW-LEVEL WASTE. (a) Authorizes
a license holder who accepts from another person for storage
or processing low-level radioactive waste, as that term is
defined in Section 402.003, generated in this or another
state, to store the waste until the later of one year after
the date on which the disposal site opens and begins accepting
low-level waste for disposal; or one year after the date on
which the license holder accepts the waste.
SECTION 2. Amends Section 401.207, Health and Safety Code, to
prohibit a license holder from accepting radioactive waste
generated in another state for disposal, rather than processing or
disposal, under a license issued by TNRCC unless the waste meets
certain criteria.
SECTION 3. Repeals Section 401.153, Health and Safety Code
(Processing of Out-Of-State Low-Level Radioactive Waste).
SECTION 4. Emergency clause.
Effective date: upon passage.
EXPLANATION OF AMENDMENTS
Committee Amendment Number 1 adds Section 402.2741, Health and
Safety Code, as follows:
Sec. 402.2741. FEES FOR STORAGE, TREATMENT OR DISPOSAL BY
PRIVATE LICENSEE. (a) Requires a person who accepts in state
generated or out-of-state generated mixed waste or low-level
waste for storage or treatment to pay the planning and implementation fee provided by Section 402.2721; the fee shall be
deposited in the state treasury in accordance with Section
402.275, and shall be calculated in accordance with Section
402.2721, except:
(i) mixed waste shall be considered the same as
low-level waste for purposes of calculating the amount of
waste on which to assess the fee and
(ii) prohibits the fee from being less than the
average comparable fee assessed by any other states based on a
comparable volume for similar wastes in other states.
(b) Requires any transporter of mixed waste delivering the
mixed waste to a person holding a radioactive waste disposal
license under Section 401.2031 to pay the fee provided under
Section 402.272; Requires the funds generated to be deposited in
the state treasury in accordance with Sections 402.273 and 402.275
and that the fees be calculated in accordance with Section
402.273, except that:
(i) mixed waste shall be considered the same as
low-level waste for purposes of calculating the amount of
waste on which to calculate the fee and
(ii) prohibits the fee from being less than the
average comparable fee assessed by any other states based on a
comparable volume for similar wastes in other states.
(c) Acceptance of radioactive waste or mixed waste under
Section 401.2031 shall be construed as a guaranty as payment of
all applicable fees under this section.
(d) Requires the Board of the Low-Level Radioactive Waste
Disposal Authority to adopt rules by September 1, 1996 for
assessment of the planning and implementation fee and disposal fee
together with any applicable surcharges for treatment, storage or
disposal of radioactive and mixed waste by a person licensed
under Section 401.2031.
Committee Amendment Number 2 amends Section 402.224, Health and
Safety Code by requiring a private entity which is licensed to
accept mixed waste for treatment, storage or disposal of mixed
waste to comply with the Solid Waste Disposal Act as well as the
licensing requirements.
SUMMARY OF COMMITTEE ACTION
SB 1697 was considered by the House Committee on Environmental
Regulation in a public hearing on May 15, 1995. The Chair
recognized Rep. Walker to explain the bill.
The Chair recognized the following persons to testify in favor of
the bill:
Gary W. Gaston, Andrews County Judge, representing himself;
Allen L. Messenger, Engineer, representing himself and Waste
Control Specialists, Inc.;
The Chair recognized the following persons to testify against the
bill:
Robert D. Gallagher, representing Nuclear Sources & Services,
Inc.
Tom "Smitty" Smith, representing Public Citizen's members;
SB 1697 was left pending and the committee recessed while the House
was in session. SB 1697 was again considered by the Committee on
Environmental Regulation in a public hearing when the committee
reconvened on May 15, 1995.
The Chair recognized the following persons to testify in favor of
the bill:
Gregory L. Sweeney, Mayor, City of Andrews, Business Owner,
representing himself;
Kent Hance, representing Waste Control Specialists, Inc.;
Chet Brooks, consultant, representing himself;
Peter C. Francis, President of Andrews Independent School
District, representing Andrews Independent School District;
James Roberts, representing Andrews Industrial Foundation; and
Evin Huddleston, Superintendent of Schools, Andrews
Independent School District, representing himself.
The Chair recognized the following persons to testify against the
bill:
Susan Lee, health researcher, activist, artist, representing
herself and Feminists for a compassionate Society; and
Les Breeding, representing himself and Fund for Nuclear
Responsibility.
The Chair recognized the following persons to testify neutrally on
the bill:
Bill Addington, Rancher, Farmer, Retail Business Owner,
representing himself and Save Sierra Blanca;
Rick Jacobi, representing the Texas Low-Level Radioactive
Waste Disposal Authority;
Alice Rogers, representing the Texas Natural Resource
Conservation Commission; and
Ruth E. McBurney, representing the Texas Department of Health.
The Chair recognized Rep. Walker to close on the bill.
Three committee amendments were offered to SB 1697. Of the three
amendments, one was withdrawn without objection and two were
adopted without objection.
SB 1697 was reported favorably as amended with the recommendation
that it do pass and be printed by a record vote of five (5) ayes,
three (3) nays, one (1) present not voting, and none (0) absent.