BILL ANALYSIS C.S.S.B. 1697 By: Bivins Natural Resources 05-03-95 Committee Report (Substituted) 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 As proposed, C.S.S.B. 1697 authorizes the Texas Natural Resource Conservation Commission 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 this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. 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 certain counties. (b) Defines "mixed waste." 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." 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. Repealer: Section 401.153, Health and Safety Code (Processing of Out-Of-State Low-Level Radioactive Waste). SECTION 4. Emergency clause. Effective date: upon passage.