ML19336A047

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Info Rept on State Legislation, Vol 6,Number 10
ML19336A047
Person / Time
Issue date: 06/24/1980
From: Ryan R
NRC OFFICE OF STATE PROGRAMS (OSP)
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References
NUDOCS 8008190642
Download: ML19336A047 (6)


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f INFORMATION REPORT ON y ~ ~.,,

Q$ State Legislation OFFICE OF STATE PROGRAMS U.S. NUCLEAR REGULATORY COMMISSION (301) 492 7794 r

Volume 6, No.10 June 24, 1980 BILLS ENACTED INTO LAW ALABAMA Southern States Energy Compact HB-98.

Authorized a change of name from the Southern Interstate Nuclear Compact to the Southern States Energy Compact and to change the purview and activities of the Board from nuclear power to all energy sources and environmental quality.

Also expands the membership of the Board to three members per State to include one appointed by the Governor, one appointed by the House of Representatives, and one appointed by the Senate.

[0tner members of the Southern States Energy Compact that have approved the above changes include:

Arkansas, Florida, Georgia, Louisiana, Maryland, Oklahoma, Virginia, West Virginia, and Puerto Rice.]

(Approved 5/28/80.)

ARIZONA Energy Resource Inventory HB-2165.

The Arizona Corporation Commission in conjunction with the Arizona Solar Energy Commission shall coordinate the completion of three studies to be used in a Statewide energy resource inventory.

Three State universities shall conduct studies to identify barriers to implementation and cost analysis over time of 1) potential nonrenewal l

congener'; on and cogenerat. ion by solar-thermal power; 2) photovoltaic cogencration technology and ~3) -biomass potential within the State.

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$60,000 is appropriated for equal distribution to each of the three universities.

Final reports and recommendations are to be submitted one l

year after enactment of this law.

( Approved 4/23/80, effective 7/31/80.)

CONNECTICUT Health Study On Nuclear Facilities HB-5109.

Authorizes the Commissioner of Health to contract with the Health Systems Agency of Eastern Connecticut, Inc.,

for the performance of a study to compare the health problems of persons who

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live and work in areas surrounding nuclear facilities in the State with health problems of the general population to determine if any health problems, not attributable to other factors, occur with greater frequency or severity in such persons.

A report of the results is to be submitted to the Joint Standing I

Committee of the General Assembly on or before September 1,1981.

$25,000 is appropriated to the Department of Health Services for the completion of l

the study.

(Approved 5/29/80, effective 7/1/80.)

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\\ Reporting Nuclear Incidents H-5555.

Amends existing law to require immediate reporting to the Commissioner of Environmental Protection by licensees of NRC of any release of radiation and any occurrence, incident or abnormal circumstance, unless it is irrediately evident that such occurrence, incident or circumstance is not required to be reported to the NRC within twenty-four hours.

The Depart-ment of Environmental Protection may, by adopting regulations, require the immediate reporting of additional occurrences, incidents, or abnormal circumstances at licensed nuclear plants which are not required to be reported to the NRC within twenty-four hours.

Failure to make an immediate report could result in a civil penalty of no more than $25,000.

(Approved 5/28/80, effective immediately.)

State Energy Supply Mix HB-5971.

The Office of Policy and Management in cooperation with the division of Public Utility Control, the Power Facility Evaluation Council, the Department of Transportation, and the Deoartment of Environmental Protection shall develop an optimal energy supply mix as a goal for the State to attain considering:

1) highest feasible degree of energy self-sufficiency and the maximum utilization of renewable resources; and 2) strategies for altering current energy consumption patterns.

Requires that public hearings be held and a report be submitted to the General Assembly not later than January 15, 1981.

(Approved 5/20/80, effective 7/1/80.)

HAWAII Radiation Control SR-83 The Department of Health is requested to convene a panel of experts to review the suitability of suggested State regulations, prepared by the Conference of Radiation Control Program Directors, for the control of radiation in Hawaii.

If the regulations are acceptable, the Department is required to publish the regulations and hold public hearings.

A progress report is to be submitted to the Legislature by January 1,1981.

(Adopted 5/15/80.)

Radiological Safety SR-281.

Requests the Department of Health to convene a committee on radiological safety.

The committee shall study, investigate, report on and make recommendations on:

1) disposal, storage, and transport of radiologically hazardous materials; 2) an emergency response plan in the event of a nuclear emergency;
3) State versus Federal jurisdiction over radiologically hazardous materials; 4) radiological factors and evaluation I

of their risks which impact on the environment, and the health and safety of human and marine life of the States;

5) alternate methods of low-level radio-t l

active waste disposal and 6) adequacy of State regulations for control and i

monitoring of radiation.

The Director of Health shall submit a report to the Legislature on the activities, findings and recommendations of the committee twenty days prior to each regular session.

(Adopted 4/18/80.)

p ILLIN0IS I

l Nuclear Waste Disposal HR-1032.

Memorializes the U.S. Congress to establish within the Department of Energy a national nuclear waste disposal program to ensure the safety and welfare of all people and to declare it to be public policy of the State not to be made the dumping ground for nuclear wastes from other States.

(Adopted 10/31/79.)

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/ MARYLAND Emergency Response Plan HB-1032. Amends the current State code to require each local organization within the plume or ingestion zone of a ccmmercial nuclear reactor to submit to the State Director for Civil Defense and Disaster Preparedness a radiological emergency response plan, which provides for evacuation in the event of a major disaster caused by a dangerous release of radia tion.

(Approved 5/20/80, effective 7/1/80.)

Hazardous Substances Transport S-536.

Amends the current Code of Maryland relating to the transportation of hazardous substances:

1) to permit only a l

designated hazardous substance hauler, certified under Maryland law, to trans-port a designated hazardous substance from its place of generation; 2) to require periodic reporting to the Department of Natural Resources on the source, hauler, facility destination, volume, and nature of the designated hazardous substance; and 3) to require contracts for treatment, storage or disposal of designated hazardous substances be with operators of currently authorized facilities.

(Approved 5/27/80, effective 6/1/80.)

WISCONSIN Radiation Protection Council A-209.

Enlarges the Radiation Protection Council in the Department of Health and Social Services.

The Council shall monitor the development of private, local, State, and Federal radiation related policies and programs.

Including:

1) waste disposal, transportation, of radioactive materials; 2) radiation emergency response plans; 3) contamination of water supplies; and 4) environmental monitoring.

The Council may: a) comment on and recommend changes in programs; b) recommend new programs; c) recommend i

intervention in Federal proceedings; d) recommend legislation; e) request i

technical assistance; and f) recommend agency cooperation and coordination.

The appropriation for the Department of Health and Social Services is increased to provide staff, travel, and meeting expenses for the Radiation Protection Council.

(Approved 5/7/80, effective 5/17/80.)

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INTRODUCTION OF NEW LEGISLATION CALIFORNIA Prohibiting Rate Relief To Nuclear Plants A-2293.

The Public Utilities Commission would not grant relief to any electrical corporation for increased

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fuel costs associated with the shutdown of a nuclear power plant resulting from violation of regulatory law, State or Federal, governing the operation of the nuclear power plant or if the shutdown results from operational negligence.

(Introduced 2/11/80.)

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s DELAWARE Transportation And Disposal Of Hazardous Waste HB-1018.

The Department of Natural Resources and Environmental Control in cooperation with the Delaware Solid Waste Authority would develop a management plan which would include:

1) a description of waste generation and management practices; 2) a reporting system for information on hazardous waste generation and disposal; 3) criteria for siting of hazardous waste dispo:al facilities; and 4) information on methods of. reuse, recycling, and reduction of hazardous wastes.

The secretary would issue and enforce regulations including: a) identifying hazardous waste; b) standards for safe operation and maintenance of hazardous waste facilities or sites; c) specifying hazardous wastes which are not compatible; d) a system for reporting generation, storale, transport, treatment or disposal of hazardous wastes; and f) establishing reasonable fees and permit require-ments.

Penalties are provided for violations.

(Introduced 5/22/80.)

ILLIN0IS Prohibiting Disposal Of Spent Fuel 58-1581. Would prohibit the disposal or storage of spent nuclear fuel which was generated outside of the State. Also would prohibit the transportation into the State for disposal or storage any spent nuclear fuel generated outside of the State, unless such State had entered into a reciprocity agreement with Illinois.

This determination is to be made by the Director of the Department of Public Health and approved by both Houses of the General Assembly and the Governor.

Violations are subject to civil penalty.

(Introduced 3/20/80.)

LOUISIANA Radioactive Waste Disposal Study HCR-165 & SCR-99. Would create a joint Committee on Natural Resources to establish lines of communication with the Department of Energy relative to studies which are being conducted regarding the disposal of radioactive waste and to insure that the State and the Legislature will participate fully in all decisions relating to radioactive waste storage in the State.

Reports would be submitted to the House and Senate Natural Resources Committees.

(Introduced 5/27/80.)

NEW JERSEY Hazardous Substances Trancart HBN-1609. Would authorize the Department of Environmental Protection, in consultation with the Department of Labor and Industry, the Division of Motor Vehicles, and other appropriate State agencies to adopt rules and regulations cor.*erning the transportation of hazardous substances which conform to requirements established by the U.S. Department i

of Transportation. A report on the incidence and nature of hazardous materials transportation, the adequacy of existing regulatory programs and the need for any additional protection is to be submitted to the Governor and the Legislature within one year of the effective date of this act.

(Introduced 4/28/80.)

r d Radioactive Transport A-626. Would prohibit the transport or temporary storage of radioactive materials in any county in the State which has an average population density exceeding 1,000 persons per square mile.

The Department of Environmental Protection would by rules and regulations designate or define categories of radioactive materials covered by these provisions, except radiopharmaceuticals.

The Commissioner of Environmental Protection could authorize a certificate of handling for compelling reasons involving urgent public policy or national security.

Economic consideration alone would not be acceptable as a basis for exception.

A penalty is provided for violators.

(Introduced 1/21/80.)

NEW YORK Shoreham Nuclear Project A-ll1960 & S-9858. Would appropriate the sum of 3TTi,000 to the Public Service Commiss%q for investigating the expenditures on the Shoreham nuclear project by th Long Island Lighting Company.

(Introduced 5/22/80.)

RH0DE ISLAND Energy Facility Siting H-7577. Would establish a procedure for siting energy facilities under the coordination of the Division of Public Utilities.

Would establish a three member board consisting of the Chairman of the Public Utilities Commission, who will serve as board chairman; the Director of the Department of Environmental Management; and the Chief of the Office of Statewide Planning.

This Siting Board would review data presented under the application procedure and would recommend whether or not a license for siting the facility should be granted.

Decisions of the board would require ratification by the General Assembly.

If passed these provisions would apply to any application submitted after January 1,1980.

(Introduced 3/7/80.)

WASHINGTON Nuclear Waste Ban H-1564.

Nuclear waste would not be stored, shipped or disposed of within the State if:

1) the nuclear waste was produced in a State which does not permit the shipment, storage, or disposal of nuclear waste; or 2) the State is not an active participant in a regional program of nuclear waste disposal.

(Introduced 1/18/80.)

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l Radioactive Materials Disposal S-3264.

Would restrict the burial of radioactive materials within the State to materials not containing special nuclear materials, transuranic wastes or high-level radioactive waste, as defined by the NRC. A i

person licensed to dispose of radioactive materials may accept materials for l

disposal only if the producer or carrier of the materials has been issued a permit by the Department of Social and Health Services, as an authorized user of the site. A permit is required for site use and is issued only if: a) it is demonstrated that the materials will be safely packaged and properly labeled and b) evidence that bond has been posted.

A quarantine area would be

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. established and maintained at each port of entry operated by the State, carriers of radioactive materials would be held if materials were improperly packaged and when further transport, without correction, would pose a threat to the public health and safety. Each permit user would pay an inspection and surveillance fee based on the volume of waste, to defer the costs of:

1) inspecting shipments;

2) monitoring disposal sites; and 3) establishing, improving and maintaining quarantine areas.

Prior to shipping the producer, carrier, or broker shall notify operator of licensed site and verify that the appropriate permit and certificate of permission to transport have been issued.

Radioactive material received at a site and located therein at the time of acquisition of ownership by the State is the property of the State.

(Introduced 1/17/80.)

Low-Level Radioactive Waste S-3052.

After December 31, 1982, low-level radio-active wastes would not be stored or disposed of on a temporary or permanent basis in the State if produced or generated outside of the State by States that have not developed disposal sites for low-level radioactive wastes or joined a regional program that has developed disposal sites for low-level radioactive wastes and do not have reciprocal disposal agreements with the State of Washington.

(Introduced 1/22/80.)

WEST VIRGINIA Prohibiting Radioactive Waste Storage SB-147.

No person would be allowed to store or dispose of any radioactive waste material within the State, except 1) the storage or disposal of such material produced within the State as a result of medical, educational, research or industrial activities and so stored or disposed of in compliance with all applicable State and Federal laws, or 2) the transportation of radioactive waste material out of or through the State when done in compliance with all applicable State and Federal laws.

Violations are subject to fine or imprisonment or both.

(Introduced 1/11/80.)

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l Robert G. Ryan, Director Office of State Programs For Further Information Contact Gail Grambau

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