By Madla S.B. No. 822
74R6325 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the definition of low-level radioactive waste.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 401.208, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 401.208. Limitation on Certain Radioactive Waste
1-7 Disposal. <(a)> A license holder may not accept for disposal
1-8 under a license issued by the commission <department>:
1-9 (1) high-level radioactive waste as defined by Title
1-10 10, Code of Federal Regulations;
1-11 (2) irradiated reactor fuel; or
1-12 (3) radioactive waste that contains <10 or more
1-13 nanocuries per gram of> transuranics in concentrations greater than
1-14 those allowed by Title 10, Code of Federal Regulations.
1-15 <(b) The board by rule shall adopt special criteria for the
1-16 disposal of radioactive waste with a half-life greater than 35
1-17 years and radioactive waste that contains less than 10 nanocuries
1-18 per gram of transuranics.>
1-19 SECTION 2. Section 402.003(6), Health and Safety Code, is
1-20 amended to read as follows:
1-21 (6) "Low-level waste":
1-22 (A) means that radioactive material defined by
1-23 Title 10, Code of Federal Regulations, as low-level waste and
1-24 subject to:
2-1 (i) the concentration limits established
2-2 under Title 10, Code of Federal Regulations, and by the department
2-3 or commission within its respective jurisdiction; and
2-4 (ii) the disposal criteria established
2-5 under Title 10, Code of Federal Regulations, and by the department
2-6 and commission; and
2-7 (B) <that has a half-life of 35 years or less or
2-8 fewer than 10 nanocuries per gram of transuranics, and may include
2-9 radioactive material not excluded by this subdivision with a
2-10 half-life of more than 35 years if special criteria for disposal of
2-11 that waste are established by the department. The term> does not
2-12 include:
2-13 (i) irradiated reactor fuel, <and>
2-14 high-level radioactive waste, or spent fuel as defined by Title 10,
2-15 Code of Federal Regulations; or
2-16 (ii) by-product material as defined by
2-17 Section 11(e)(2) of the Atomic Energy Act of 1954 (42 U.S.C.
2-18 Section 2014(e)(2)).
2-19 SECTION 3. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended,
2-24 and that this Act take effect and be in force from and after its
2-25 passage, and it is so enacted.