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
   1-24  another state for storage, processing, or disposal in accordance
    2-1  with the applicable permit conditions.
    2-2        (b)  In this section, "mixed waste" means a combination of
    2-3  hazardous waste, as that term is defined by Section 361.003, and
    2-4  low-level waste, as that term is defined by Section 402.003.
    2-5        Sec. 401.2072.  STORAGE OF LOW-LEVEL WASTE.  A license holder
    2-6  who accepts from another person for storage or processing low-level
    2-7  waste, as that term is defined by Section 402.003, generated in
    2-8  this or another state may store the waste until the later of:
    2-9              (1)  one year after the date on which the disposal site
   2-10  authorized under Chapter 402 opens and begins accepting low-level
   2-11  waste for disposal; or
   2-12              (2)  one year after the date on which the license
   2-13  holder accepts the waste.
   2-14        SECTION 2.  Section 401.207, Health and Safety Code, is
   2-15  amended to read as follows:
   2-16        Sec. 401.207.  OUT-OF-STATE WASTE.  A license holder may not
   2-17  accept radioactive waste generated in another state for <processing
   2-18  or> disposal under a license issued by the commission <department>
   2-19  unless the waste is:
   2-20              (1)  accepted under a compact to which the state is a
   2-21  contracting party;
   2-22              (2)  from a state having an operating radioactive waste
   2-23  disposal site at which that state is willing to accept radioactive
   2-24  waste generated in this state; or
   2-25              (3)  generated from manufactured sources or devices
   2-26  originating in this state.
   2-27        SECTION 3.  Section 401.153, Health and Safety Code, is
    3-1  repealed.
    3-2        SECTION 4.  The importance of this legislation and the
    3-3  crowded condition of the calendars in both houses create an
    3-4  emergency and an imperative public necessity that the
    3-5  constitutional rule requiring bills to be read on three several
    3-6  days in each house be suspended, and this rule is hereby suspended,
    3-7  and that this Act take effect and be in force from and after its
    3-8  passage, and it is so enacted.
    3-9                       COMMITTEE AMENDMENT NO. 1
   3-10        Amend Section 1 of Senate Bill 1697 by adding new Section
   3-11  402.2741, Health and Safety Code, to read as follows:
   3-12        Sec. 402.2741.  FEES FOR STORAGE, TREATMENT OR DISPOSAL BY
   3-13  PRIVATE LICENSEE.  (a)  A person who accepts for storage or
   3-14  treatment mixed waste, as that term is defined in Section
   3-15  402.224(b), or low-level waste, as that term is defined by Section
   3-16  402.003, whether generated in this or any other state, including a
   3-17  licensee under Section 401.2031, shall pay the planning and
   3-18  implementation fee provided by Section 402.2721.  Funds generated
   3-19  by assessment of the planning and implementation fee under this
   3-20  Section shall be deposited in the state treasury as provided by
   3-21  Section 402.275.  The fee shall be calculated in accordance with
   3-22  Section 402.2721, except
   3-23                          (i)  mixed waste shall be considered the
   3-24  same as low-level waste for the purpose of calculating amount of
   3-25  waste against which the fee shall be assessed; and
   3-26                          (ii)  the fee shall not be less than the
   3-27  average comparable fee assessed on a comparable volumetric basis by
    4-1  any other states for treatment or storage of radioactive waste or
    4-2  mixed waste of comparable character and hazard at a facility
    4-3  located in those states.
    4-4        (b)  A person who delivers for disposal mixed waste, as that
    4-5  term is defined in Section 402.224(b), whether generated in this or
    4-6  any other state, to a person holding a radioactive waste disposal
    4-7  license, including a licensee under Section 401.2031, shall pay the
    4-8  waste disposal fee provided by Section 402.272.   Funds generated
    4-9  by the disposal fee shall be deposited in the state treasury as
   4-10  provided by Sections 402.273 and 402.275.  The fee shall be
   4-11  calculated in accordance with the applicable provisions of Section
   4-12  402.273, except that
   4-13                          (i)  mixed waste shall be considered the
   4-14  same as low-level waste, as that term is defined by Section
   4-15  402.003, for the purpose of calculating amount of waste against
   4-16  which the fee shall be assessed; and
   4-17                          (ii)  the fee shall not be less than the
   4-18  average comparable fee assessed on a comparable volumetric basis by
   4-19  any other states for disposal of radioactive or mixed waste of
   4-20  comparable character and hazard in a facility located in those
   4-21  states
   4-22        (c)  Acceptance of radioactive or mixed waste by a licensee
   4-23  under Section 401.2031 shall be construed as a guaranty by the
   4-24  licensee of payment of all fees due and owing under this Section.
   4-25        (d)  Not later than September 1, 1996, the board shall adopt
   4-26  final rules for assessment of the planning and implementation fee
   4-27  and the disposal fee as provided by the Section, together with any
    5-1  applicable surcharges, for treatment, storage or disposal of
    5-2  radioactive waste and mixed waste by a person licensed under
    5-3  Section 401.2031.
    5-4                                                                 Yost
    5-5                       COMMITTEE AMENDMENT NO. 2
    5-6        Amend Senate Bill 1697 by adding new Section 3 to read as
    5-7  follows, and renumbering subsequent sections accordingly:
    5-8        SECTION 3.  Section 402.224, Health and Safety Code, is
    5-9  amended to read as follows:
   5-10        Sec. 402.224.  Mixed Waste.  (a)  An on-site operator or a
   5-11  private entity licensed under Section 401.2031 who accepts mixed
   5-12  waste at a disposal site or a site licensed for treatment, storage
   5-13  or disposal of mixed waste under Section 401.2031 shall comply with
   5-14  Chapter 361 (Solid Waste Disposal Act), the Resource Conservation
   5-15  and Recovery Act of 1976 (42 U.S.C. 6901 et seq), and this chapter.
   5-16        (b)  In this section, "mixed waste" means a combination of
   5-17  hazardous waste as defined by Chapter 361 (Solid Waste Disposal
   5-18  Act) and low-level waste.
   5-19                                                             Saunders