1-1 By: Ogden S.B. No. 1338
1-2 (In the Senate - Filed March 8, 2001; March 13, 2001, read
1-3 first time and referred to Committee on Natural Resources;
1-4 March 27, 2001, reported favorably, as amended, by the following
1-5 vote: Yeas 7, Nays 0; March 27, 2001, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Lucio
1-7 Amend S.B. No. 1338 as follows:
1-8 (1) On page 1, line 27, between "equipment" and "to" insert
1-9 "used in exploration, production, or disposal".
1-10 (2) On page 1, line 30, strike "notify the railroad
1-11 commission regarding" and insert "identify".
1-12 (3) On page 1, line 32, strike "waste".
1-13 A BILL TO BE ENTITLED
1-14 AN ACT
1-15 relating to the authority of the Railroad Commission of Texas to
1-16 regulate oil and gas NORM waste.
1-17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-18 SECTION 1. Section 401.415, Health and Safety Code, is
1-19 amended to read as follows:
1-20 Sec. 401.415. OIL AND GAS NORM WASTE. (a) Notwithstanding
1-21 any other provision of this chapter, the Railroad Commission of
1-22 Texas:
1-23 (1) has sole authority to regulate and issue licenses,
1-24 permits, and orders for the disposal of oil and gas NORM waste; and
1-25 (2) may, in order to protect public health and safety
1-26 and the environment, require the owner or operator of oil and gas
1-27 equipment to:
1-28 (A) determine whether the equipment contains or
1-29 is contaminated with oil and gas NORM waste; and
1-30 (B) notify the railroad commission regarding any
1-31 equipment determined to contain or be contaminated with oil and gas
1-32 NORM waste.
1-33 (b) The Railroad Commission of Texas may adopt any rules
1-34 reasonably necessary to exercise its authority under this section.
1-35 (c) [(b)] The Railroad Commission of Texas may enforce this
1-36 section or any rule, order, license, or permit adopted or issued
1-37 under this section in the manner and subject to the conditions
1-38 provided in Title 3 of the Natural Resources Code, including the
1-39 authority to seek and obtain civil penalties and injunctive relief
1-40 as provided in that title.
1-41 (d) [(c)] The Railroad Commission of Texas shall consult
1-42 with the department and the Texas Natural Resource Conservation
1-43 Commission as appropriate regarding administration of this section.
1-44 (e) [(d)] To ensure that the State of Texas retains its
1-45 Agreement Status with the U.S. Nuclear Regulatory Commission, and
1-46 to ensure that radioactive materials are managed consistently to
1-47 protect the public health and safety and the environment, the
1-48 Railroad Commission of Texas shall issue rules on the management of
1-49 oil and gas NORM waste [by January 1, 1995,] and in so doing shall
1-50 consult with the Texas Natural Resource Conservation Commission and
1-51 the Department of Health regarding protection of the public health
1-52 and the environment. The rules of the railroad commission shall
1-53 provide protection for public health, safety, and the environment
1-54 equivalent to the protection provided by rules applicable to
1-55 disposal of other NORM wastes having similar properties,
1-56 quantities, and distribution, although the approved methods and
1-57 sites for disposing of oil and gas NORM wastes may be different
1-58 from those approved for other NORM wastes.
1-59 SECTION 2. This Act takes effect immediately if it receives
1-60 a vote of two-thirds of all the members elected to each house, as
1-61 provided by Section 39, Article III, Texas Constitution. If this
1-62 Act does not receive the vote necessary for immediate effect, this
1-63 Act takes effect September 1, 2001.
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