74R7963 E By Rabuck H.B. No. 325 Substitute the following for H.B. No. 325: By Jackson C.S.H.B. No. 325 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to requiring public notice of an application for an 1-3 authorization to store certain radioactive waste. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter E, Chapter 401, Health and Safety 1-6 Code, is amended by adding Section 401.154 to read as follows: 1-7 Sec. 401.154. NOTICE OF APPLICATION FOR RADIOACTIVE WASTE 1-8 STORAGE. (a) The board and the Texas Natural Resource 1-9 Conservation Commission by rule shall require an applicant for 1-10 authorization under the agency's jurisdiction to store radioactive 1-11 waste under a new license to publish notice of the application in a 1-12 newspaper of general circulation in the county in which the 1-13 proposed storage site is located. The notice must: 1-14 (1) be published not earlier than three days before 1-15 the date the application is filed and not later than the date the 1-16 application is filed; 1-17 (2) name the applicant; 1-18 (3) provide the applicant's mailing address; 1-19 (4) provide the location where the waste is proposed 1-20 to be stored, including the street address of the site, the name of 1-21 the county, and the commissioners court precinct; 1-22 (5) describe the storage activity and the waste 1-23 proposed to be stored; 1-24 (6) state that the public has the right to attend any 2-1 hearing on the matter of the authorization; and 2-2 (7) give the telephone number and address of the 2-3 department or the Texas Natural Resource Conservation Commission, 2-4 as applicable, for the public to request information on the date, 2-5 time, and place of any hearing on the matter of the authorization. 2-6 (b) This section does not apply to an application for 2-7 authorization to store radioactive waste: 2-8 (1) with a half-life of less than 300 days; or 2-9 (2) that is an encapsulated special form radioactive 2-10 material as defined by 49 CFR Section 173.403. 2-11 (c) This section does not apply to: 2-12 (1) a United States Department of Energy facility that 2-13 is engaged in the disassembly of nuclear weapons and that, on 2-14 September 1, 1995, is subject to a state and federal agreement; or 2-15 (2) the storage of naturally occurring radioactive 2-16 material waste or of oil and gas NORM waste. 2-17 SECTION 2. The Texas Board of Health and the Texas Natural 2-18 Resource Conservation Commission shall adopt rules to implement and 2-19 enforce Section 401.154, Health and Safety Code, as added by this 2-20 Act. The rules shall take effect not later than January 1, 1996. 2-21 SECTION 3. (a) Section 1 of this Act takes effect January 2-22 1, 1996. 2-23 (b) Section 2 of this Act takes effect September 1, 1995. 2-24 SECTION 4. The importance of this legislation and the 2-25 crowded condition of the calendars in both houses create an 2-26 emergency and an imperative public necessity that the 2-27 constitutional rule requiring bills to be read on three several 3-1 days in each house be suspended, and this rule is hereby suspended.