Amend CSHB 2912 by adding the following appropriately
numbered SECTION to the bill and renumbering subsequent SECTIONS of
the bill accordingly:
      SECTION ____. Section 361.114, Health and Safety Code, is
amended to read as follows:
      Sec. 361.114.  PROHIBITION OF <GRANT OF PERMIT FOR> DISPOSAL
OF HAZARDOUS WASTE INTO CERTAIN GEOLOGICAL FORMATIONS <SALT DOMES>.
<(a)>  The commission by rule shall prohibit the storage,
processing, or disposal of <may not issue a permit for a> hazardous
waste <injection well> in a solution-mined salt dome cavern or a
sulphur mine <unless the United States Environmental Protection
Agency and the commission determine that sufficient rules are in
place to regulate that activity>.
      <(b)  Before issuing a permit for a hazardous waste injection
well in a solution-mined salt dome cavern, the commission by order
must find that there is an urgent public necessity for the
hazardous waste injection well.  The commission, in determining
whether an urgent public necessity exists for the permitting of the
hazardous waste injection well in a solution-mined salt dome
cavern, must find that:>
            <(1)  the injection well will be designed, constructed,
and operated in a manner that provides at least the same degree of
safety as required of other currently operating hazardous waste
disposal technologies;>
            <(2)  consistent with the need and desire to manage
within the state hazardous wastes generated in the state, there is
a substantial or obvious public need for additional hazardous waste
disposal capacity and the hazardous waste injection well will
contribute additional capacity toward servicing that need;>
            <(3)  the injection well will be constructed and
operated in a manner so as to safeguard public health and welfare
and protect physical property and the environment;>
            <(4)  the applicant has demonstrated that groundwater
and surface waters, including public water supplies, will be
protected from the release of hazardous waste from the salt-dome
waste containment cavern; and>
            <(5)  any other criteria required by the commission to
satisfy that the test of urgency has been met.>