HBA-AMW H.B. 8 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 8
By: Walker
Environmental Regulation
4/1/2001
Introduced



BACKGROUND AND PURPOSE 

The Texas Radiation Control Act (Act), enacted in 1961 and recodified in
1989, establishes the regulatory framework and authority for state agencies
that regulate sources of radiation, encompassing the use, possession, and
disposal of such sources.  House Bill 8 adds provisions which further
regulatory enforcement and clarify certain sections of the Act to increase
enforcement capability and provide authority to better serve the regulated
community and establishes provisions regarding assured isolation of
radioactive waste. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 8 amends the Health and Safety Code to modify provisions
relating to the regulation of radioactive materials and other sources of
radiation and to establish procedures for assured isolation of radioactive
waste.  The bill specifies that Texas Radiation Control Agency (department)
has jurisdiction to regulate and license assured isolation, requires a
person isolating low-level radioactive waste (radioactive waste) through
assured isolation to comply with department rules, and specifies that
provisions regarding low-level radioactive waste disposal apply to assured
isolation of radioactive waste (Secs. 401.011 and 401.201).  The bill
removes the provision that a license for the disposal of radioactive waste
may only be issued to a public entity specifically authorized by law for
radioactive waste disposal and authorizes the Texas Natural Resource
Conservation Commission (TNRCC) to issue a license for radioactive waste
disposal or assured isolation to a private entity (Sec. 401.203).  

The bill defines "assured isolation" to mean an integrated management
system for isolating low-level radioactive waste through robust, accessible
facilities, planned preventative maintenance, and sureties adequate to
address contingencies or implement future management alternatives (Sec.
401.003).   

The bill requires the Texas Department of Health (TDH) or TNRCC to provide
to the secretary of state for publication in the Texas Register a notice of
the intent to grant by rule an exemption for a source of radiation and the
reasons for granting the exemption (Sec. 401.106).  The bill adds renewal
of a license or registration as a possible action that can be taken by TDH
or TNRCC and adds financial qualifications to the possible considerations
for TDH or TNRCC when determining whether to take action on a license (Sec.
401.110). 

The bill modifies provisions regarding the financial qualifications and
evaluation of a license holder and the responsibilities of a person
licensed to dispose of radioactive waste (Secs. 401.108 and 401.205).  The
bill changes from a civil penalty to an administrative penalty the type of
penalty that TDH and the commissioner of public health are authorized to
impose against a person who causes, suffers, allows, or permits a violation
of provisions regarding radioactive materials and other sources of
radiation and requires the penalties to be deposited to the credit of
radiation and perpetual care fund (Secs. 401.305, 401.384,  401.385, and
401.388).     

The bill requires the total radioactivity of United States Department of
Energy wastes licensed for disposal at a site owned by a private entity to
be twenty percent less than the radioactivity of wastes projected to be
received pursuant to the Texas Low-Level Radioactive Waste Disposal
Compact, unless the radioactivity is otherwise exempt or existing in nature
(Sec. 401.2081).  The bill prohibits a license holder from accepting for
disposal any atomic weapons component or other waste resulting from the
testing of any atomic weapon (Sec. 401.208).   

The bill sets forth provisions regarding the liability of a license holder,
reporting of radioactive waste disposal by TDH or TNRCC, siting of disposal
sites and assured isolation sites, and the development and operation of an
assured isolation site (Secs. 401.211, 401.214, 401.215, 401.216).  

H.B. 8 repeals law relating to Hudspeth County, Texas as the radioactive
waste disposal site (SECTION 14). 

EFFECTIVE DATE

September 1, 2001.