1-1 By: Bivins S.B. No. 1697
1-2 (In the Senate - Filed May 1, 1995; May 2, 1995, read first
1-3 time and referred to Committee on Natural Resources; May 3, 1995,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 10, Nays 0; May 3, 1995, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 1697 By: Bivins
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the storage, processing, and disposal of radioactive
1-10 waste, low-level waste, and mixed waste.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subchapter F, Chapter 401, Health and Safety
1-13 Code, is amended by adding Sections 401.2031, 401.2071, and
1-14 401.2072 to read as follows:
1-15 Sec. 401.2031. MIXED WASTE DISPOSAL LICENSE.
1-16 (a) Notwithstanding Section 401.203, the commission may issue a
1-17 radioactive waste disposal license for the disposal of mixed waste
1-18 to a private entity if the private entity holds a permit to operate
1-19 a hazardous waste landfill in a county that has:
1-20 (1) a population of less than 25,000; and
1-21 (2) an average annual rainfall of less than 18 inches
1-22 per year.
1-23 (b) In this section, "mixed waste" means a combination of
1-24 hazardous waste, as that term is defined by Section 361.003, and
1-25 low-level waste, as that term is defined by Section 402.003.
1-26 Sec. 401.2071. OUT-OF-STATE MIXED WASTE. (a) A person who
1-27 holds a license for processing, storage, or disposal of mixed waste
1-28 from another person may accept mixed waste that is generated in
1-29 another state for storage, processing, or disposal in accordance
1-30 with the applicable permit conditions.
1-31 (b) In this section, "mixed waste" means a combination of
1-32 hazardous waste, as that term is defined by Section 361.003, and
1-33 low-level waste, as that term is defined by Section 402.003.
1-34 Sec. 401.2072. STORAGE OF LOW-LEVEL WASTE. A license holder
1-35 who accepts from another person for storage or processing low-level
1-36 waste, as that term is defined by Section 402.003, generated in
1-37 this or another state may store the waste until the later of:
1-38 (1) one year after the date on which the disposal site
1-39 authorized under Chapter 402 opens and begins accepting low-level
1-40 waste for disposal; or
1-41 (2) one year after the date on which the license
1-42 holder accepts the waste.
1-43 SECTION 2. Section 401.207, Health and Safety Code, is
1-44 amended to read as follows:
1-45 Sec. 401.207. OUT-OF-STATE WASTE. A license holder may not
1-46 accept radioactive waste generated in another state for <processing
1-47 or> disposal under a license issued by the commission <department>
1-48 unless the waste is:
1-49 (1) accepted under a compact to which the state is a
1-50 contracting party;
1-51 (2) from a state having an operating radioactive waste
1-52 disposal site at which that state is willing to accept radioactive
1-53 waste generated in this state; or
1-54 (3) generated from manufactured sources or devices
1-55 originating in this state.
1-56 SECTION 3. Section 401.153, Health and Safety Code, is
1-57 repealed.
1-58 SECTION 4. The importance of this legislation and the
1-59 crowded condition of the calendars in both houses create an
1-60 emergency and an imperative public necessity that the
1-61 constitutional rule requiring bills to be read on three several
1-62 days in each house be suspended, and this rule is hereby suspended,
1-63 and that this Act take effect and be in force from and after its
1-64 passage, and it is so enacted.
1-65 * * * * *