On behalf of our approximately 3,000 members statewide, the League of Women Voters of Texas (LWV-TX) appreciates the opportunity to appear before these two legislative committees to present comments on the low-level radioactive waste bills. LWV-TX is a nonpartisan political organization that encourages the informed and active participation of citizens in government and influences public policy through education and advocacy. The League feels strongly that public input to the legislative process such as you are receiving today is vital to strengthening our democracy.

lThe League’s approach to nuclear issues is one of problem solving. The League’s aim is to work constructively for the maximum protection of public health, safety, the environment and for citizen participation in the decision-making process at all levels of government.

The League pushed for congressional passage of the Low-Level Waste Policy Act in 1980 and the Nuclear Waste Policy Act in 1982 as means of ensuring a national policy that incorporates adequate environmental safeguards with a strong role for public participation in nuclear-waste repository siting decisions.

The Low-Level radioactive Waste Policy Act of 1980 makes states responsible for the disposal of low-level radioactive wastes generated at commercial facilities within their borders. The Act authorizes states to form regional compacts to establish disposal sites, and it allows states to refuse wastes from other states outside their compact region after January 1, 1986.

The League opposed the low level radioactive waste bills introduced in the last two sessions, and unfortunately we find ourselves in the same position this session. We must urge you to oppose SB 824 and HB 1567, as they have been introduced, because once again the low level radioactive waste bills do not meet our basic criteria of a strong role for public participation, adequate environmental safeguards, and financial security for the citizens of Texas.

State and local Leagues across the country support 1) the establishment of processes for effective involvement of state and local governments and citizens in siting proposals for treatment, storage, disposal, and transportation of radioactive waste; 2 ) full environmental review of treatment, storage, and disposal facilities of radioactive wastes; and 3) the safe transport, storage, and disposal of radioactive waste.

The League of Women Voters of Texas supports a publicly accountable state agency, not a private company, being licensed to manage the radioactive waste. Our concern is that in order to maximize profits, private companies have an economic incentive to handle as much low-level radioactive waste as feasible. The best way to meet this need is to accept federal low-level radioactive waste from the Departments of Defense and Energy. The bills as currently written will allow a private company to hold the license to manage and dispose of low level radioactive waste, leaving the taxpayers of Texas holding title to the waste and thus the financial liability for monitoring and dealing with any issues of future contamination at the end of the 35 year license or earlier, if the private company is dissolved.

Texas is required under present law to accept and manage a relatively small volume of low-level radioactive waste from one state, and one state only: Vermont. SB 824 and HB 1567, as introduced, will allow up to 100 times more nuclear waste to enter Texas, including highly radioactive materials from Department of Energy and other military sites across the country. In addition this bill requires all of the waste to be disposed of in West Texas.

There has been no public discussion by the citizens of Texas about the disposal of federal low-level radioactive waste in Texas. In fact the current wording of these bills diminishes the right of the public to be involved or even informed by restricting public involvement to those residing in the county where the proposed waste disposal facility would be located. Why should a few citizens be allowed make such a complex and long-lasting commitment for all the citizens of Texas? The League believes that public understanding and cooperation are essential to the responsible and responsive management of our nation’s natural resources. The public has a right to know about pollution levels, dangers to health and the environment, and proposed resource management policies and options. The public has a right to participate in decision-making at each phase in the process and at each level of government involvement.

The restriction of the disposal sites to West Texas geographically limits the site selection without the benefit of sound scientific research. This compromises the need to provide maximum protection of public health, safety, and the environment when selecting a disposal site for hazardous and radioactive wastes.

The bills, SB 824 and HB 1567, give this highly profitable business to a private company but fails to ensure that the company will be financially responsible for safeguarding the waste or cleaning up the site if it leaks after the 35 year license period is over. Much of the waste will remain radioactive for thousands of years. How much financial liability should Texas taxpayers risk in the future clean up and monitoring so the Federal Government can dispose of their waste now instead working on solutions for in-situ treatment and stabilization?

In fact the only financial commitment required by SB 824 and HB 1567 is a fund, limited to $500,000, only to be used for transportation issues. This amount is not adequate to address the exponential increase in volume of highly radioactive material that will be moving along highways in our communities on its way to Andrews County or other locations in West Texas.

In 32 years when the nuclear power plants of Texas are ready to be decommissioned (these wastes account for about 90% of our low level radioactive wastes) how do we ensure that the low level site will still be available for receiving these wastes if it is in private hands, full, in bankruptcy or closed? What guarantee do we the citizens of Texas have that our own waste will be taken care of or that there will be any sites left which are safe for disposal? These questions are not addressed by SB 824 and HB 1567. Neither is the issue of the perception of West Texas as the nation’s radioactive waste site and the damage this might do to our economically viable ranching and organic farming businesses.

In closing the League of Women Voters of Texas asks you to oppose SB 824 and HB 1567 as introduced and to instead craft bills that will ensure a publicly accountable state agency is licensed to manage the radioactive waste, that all of the citizens of Texas have a strong role through public participation in the decision to accept federal low level radioactive waste, and that the financial risks to the future of Texas are minimized through strong legislation.

Thank you for your time and consideration of our input.