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.