By:  Bivins                                           S.B. No. 1697
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the storage, processing, and disposal of radioactive
    1-2  waste, low-level waste, and mixed waste.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter F, Chapter 401, Health and Safety
    1-5  Code, is amended by adding Sections 401.2031, 401.2071, and
    1-6  401.2072 to read as follows:
    1-7        Sec. 401.2031.  MIXED WASTE DISPOSAL LICENSE.
    1-8  (a)  Notwithstanding Section 401.203, the commission may issue a
    1-9  radioactive waste disposal license for the disposal of mixed waste
   1-10  to a private entity if the private entity holds a permit to operate
   1-11  a hazardous waste landfill in a county that has:
   1-12              (1)  a population of less than 25,000; and
   1-13              (2)  an average annual rainfall of less than 18 inches
   1-14  per year.
   1-15        (b)  In this section, "mixed waste" means a combination of
   1-16  hazardous waste, as that term is defined by Section 361.003, and
   1-17  low-level waste, as that term is defined by Section 402.003.
   1-18        (c)  This section applies only to a private entity that held
   1-19  a permit to operate a commercial hazardous waste landfill on
   1-20  January 1, 1995.
   1-21        Sec. 401.2071.  OUT-OF-STATE MIXED WASTE.  (a)  A person who
   1-22  holds a license for processing, storage, or disposal of mixed waste
   1-23  from another person may accept mixed waste that is generated in
    2-1  another state for storage, processing, or disposal in accordance
    2-2  with the applicable permit conditions.
    2-3        (b)  In this section, "mixed waste" means a combination of
    2-4  hazardous waste, as that term is defined by Section 361.003, and
    2-5  low-level waste, as that term is defined by Section 402.003.
    2-6        Sec. 401.2072.  STORAGE OF LOW-LEVEL WASTE.  A license holder
    2-7  who accepts from another person for storage or processing low-level
    2-8  waste, as that term is defined by Section 402.003, generated in
    2-9  this or another state may store the waste until the later of:
   2-10              (1)  one year after the date on which the disposal site
   2-11  authorized under Chapter 402 opens and begins accepting low-level
   2-12  waste for disposal; or
   2-13              (2)  one year after the date on which the license
   2-14  holder accepts the waste.
   2-15        SECTION 2.  Section 401.207, Health and Safety Code, is
   2-16  amended to read as follows:
   2-17        Sec. 401.207.  OUT-OF-STATE WASTE.  A license holder may not
   2-18  accept radioactive waste generated in another state for <processing
   2-19  or> disposal under a license issued by the commission <department>
   2-20  unless the waste is:
   2-21              (1)  accepted under a compact to which the state is a
   2-22  contracting party;
   2-23              (2)  from a state having an operating radioactive waste
   2-24  disposal site at which that state is willing to accept radioactive
   2-25  waste generated in this state; or
    3-1              (3)  generated from manufactured sources or devices
    3-2  originating in this state.
    3-3        SECTION 3.  Section 401.153, Health and Safety Code, is
    3-4  repealed.
    3-5        SECTION 4.  The importance of this legislation and the
    3-6  crowded condition of the calendars in both houses create an
    3-7  emergency and an imperative public necessity that the
    3-8  constitutional rule requiring bills to be read on three several
    3-9  days in each house be suspended, and this rule is hereby suspended,
   3-10  and that this Act take effect and be in force from and after its
   3-11  passage, and it is so enacted.