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79R7086 CLE-D

By:  Gallego                                                    H.C.R. No. 85 



CONCURRENT RESOLUTION
	WHEREAS, Reports that Texas could become the destination 
point of first and last resort for much of the nation's radioactive 
waste illustrate the importance of creating a joint interim 
committee to study issues relating to the importation of 
radioactive waste into Texas; and
	WHEREAS, The San Antonio Express-News reported in July 2004 
that the governor of Nebraska had contacted the Texas governor's 
office regarding the possibility of Texas assuming Nebraska's 
responsibilities as host state for disposal of low-level 
radioactive waste from five states in the Central Interstate 
Compact authorized by the U.S. Congress; and
	WHEREAS, A similar story appearing in the Lubbock 
Avalanche-Journal in January 2005 describes applications by Waste 
Control Specialists LLC of Andrews County to allow the company to 
store and dispose of highly radioactive uranium by-product material 
owned by the U.S. Department of Energy and currently stored in 
Fernald, Ohio; and
	WHEREAS, Waste Control Specialists LLC, the only applicant 
for a Texas license to dispose of low-level radioactive waste under 
the provisions of H.B. 1567, Acts of the 78th Legislature, Regular 
Session, 2003, reportedly also intends to solicit radioactive 
material from other sources, including a European consortium's 
proposed uranium enrichment facility in nearby New Mexico; and
	WHEREAS, Under the terms of the Texas Low-Level Radioactive 
Waste Disposal Compact, as amended, and H.B. 1567, Texas restricts 
the source of out-of-state radioactive waste to waste generated in 
Vermont and to prescribed amounts of waste owned by the U.S. 
Department of Energy; and
	WHEREAS, While the compact's purpose is to limit the 
importation of radioactive waste into Texas, the text of the 
compact, which is found in Section 403.006, Health and Safety Code, 
allows the Texas compact commission representing Texas and Vermont 
to enter into an agreement by majority vote with any person, state, 
regional body, or group of states to import low-level radioactive 
waste into the compact facility, and such an agreement could 
supersede state law, according to staff of the Texas Commission on 
Environmental Quality; and
	WHEREAS, A comparative analysis has not been conducted to 
contrast any increase in state and local revenues from the 
importation of radioactive waste with the liability that Texas 
could face if the storage and disposal license holder ceases 
operation or fails to contain imported radioactive materials; and
	WHEREAS, Aside from looking at the possible importation of 
radioactive waste into Texas without legislative authority and 
without regard for liability, another issue for study is state 
agency jurisdiction over new types of waste that might be admitted 
into the Texas compact and federal facilities; and
	WHEREAS, The highly concentrated uranium by-product material 
in Fernald, Ohio, is recognized by the U.S. Nuclear Regulatory 
Commission as a radioactive material; if it is stored and disposed 
of in Texas, it will fall under the jurisdiction of the Texas 
Department of State Health Services' division for regulatory 
services, radiation control; and
	WHEREAS, Depleted uranium from a uranium enrichment 
facility, such as the one proposed in New Mexico, is considered by 
the U.S. Nuclear Regulatory Commission to be low-level radioactive 
waste; if it is disposed of in Texas, it will fall under the 
jurisdiction of the Texas Commission on Environmental Quality; and
	WHEREAS, Any study of radioactive waste importation must also 
consider the effect of transporting additional waste within the 
state; the potential for exposure to radioactivity will be extended 
to all Texans living along transportation networks to Andrews 
County if the proposed facilities are allowed to receive expanded 
volumes of radioactive waste; and
	WHEREAS, An opportunity to address these and other issues 
would help to ensure that Texas policy safeguards public health and 
the environment, especially since Texas is likely to be approached 
by numerous persons, states, regional bodies, and groups of states 
that want to send radioactive waste to Texas; now, therefore, be it
	RESOLVED, That the 79th Legislature of the State of Texas 
hereby request the lieutenant governor and the speaker of the house 
of representatives to create a joint interim committee to study 
issues relating to the importation of radioactive waste into Texas; 
and, be it further
	RESOLVED, That the committee's proceedings and operations be 
governed by such general rules and policies for joint interim 
committees as the 79th Legislature may adopt and that such rules and 
policies supersede the provisions of this resolution to the extent 
of any conflict; and, be it further
	RESOLVED, That the committee submit a full report, including 
findings and recommendations, to the 80th Texas Legislature when it 
convenes in January 2007.