ML19338G355

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Info Rept on State Legislation, Vol 6,Number 11
ML19338G355
Person / Time
Issue date: 08/16/1980
From: Ryan R
NRC OFFICE OF STATE PROGRAMS (OSP)
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References
NUDOCS 8010290130
Download: ML19338G355 (4)


Text

INFORMATION REPORT ON

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@ State Legislation OFFICE OF STATE PROGRAMS t!. S. NUCLE AR REGULATORY COMMISSION (301) 492-7794 Vol. 6, No. 12 w t 14. 1980

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NUCLEAR INITIATIVES MAINE. Would prohibit the generation of electric power by nuclear fission in the State at existing as well as proposed nuclear power olants.

If passed, this initiative would close the Maine Yankee nucir er power plant and set a precedent by being the first State to elect to shut down an operating nuclear power plant.

(This petition will appear on the ballot at a special election, September 23,1980.)

Proposes to prohibit the operation of nuclear power plants in MISSOURI.

the State until the Federal government certifies a permanent radioactive waste disposal site that can accept waste from all plants and until the operator of a nuclear power plant posts bond with the State to cover the costs of decommissioning the plant and " restoring the premises to a condition which is sui +able for unrestricted use."

(If qualified would appear on the November 4, 1980 ballot.)

Proposes to prohibit the disposal of radioactive waste material MONTANA.

within the State except radioactive material used for medical, educational, Would extend these disposal prohibitions to any-and scientific purposes.

(This radioactive waste produced by milling or other processing of cre.

petition will appear on the November 4, 1980 ballot.)

Proposes to prohibit the issuance of a site certificate for a nuclear power plant until the State Energy Facility Siting Council finds OREGON.

an adequati repository for the permanent disposal of high-level radioactive Voters waste that has been licensed to operate by the Federal Government.(This petition would have to approve the certificate at a State-wide election.

will appear on the November 4,1980 ballot.)

Proaoses to orchibit construction of a nuclear power plant, oroviding for nuclear waste disposal, or beginning ura SOUTH DAK0TA.

Certificates would have to be approved by a majority of the voters As there are no naciear power olants on order, need.

in a State-wide election.

being constructed, or operating in the Sta te, the ef fect of this oeti is limited to uranium mining and milling.

November 4,1980 ballot. )

l 8010290 i30

Vol. 6, No. 12

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WASHINGTON. Proposes to prohibit the importation of non-medical radioactive waste af ter July 1,1981, for tha purpose of storage within the State. This initiative allows for the regional storace of radioactive waste through an interstate compact.

(If oualified will appear on the November 4, 1980 ballot.)

BILLS ENACTED INTO LAW ALABAMA Committee To Study Nuclear Power Plants HJR-292. Creates an interim legislative committee comoosed of six members, three from the House and three from the Senate, to study nuclear power olants and to make recommendations regarding a regulatory agency. The committee shall report its findings, comments, suggestions, and recommendations to the legislature on the fifth legislative day of the 1981 regular session, on which date the interim committec shall automatically be terminated. Appropriations for the expenses of the committee shall not exceed $9,000.00. (Adopted 5/19/80.)

FLORIDA Disaster Preparedness HB-114. Each local organization for civil defense in the State shall provide for the voluntary registration of disabled citizens located within their jurisdiction. The registration shall be utilized to determine who would need assistance in case of evacuation because of a disaster and shall be updated annually. Each electric utility in the State shall notify residential customers in its area on an annual basis of the 4

availability of e volunteer program by their local Civil Defense linit to register all disabled citizens who may need assistance during an emergency.

Any advertising required shall, whenever possible, be done through oublic service announcements on local radio stations and shall not require the expen"iture of local government funds.

(Anproved 6/25/80, effective 10/1/80.)

i MICHIGAN Nuclear Emergency Preparedness SCR-583. The Public Service Commission is directed to recover the costs asso-iated with the implementation of the nuclear emergency planning and resoonse orogram by the Michiaan Department of Public Health through oublit utility assessments.

(Adopted 4/16/80.)

NEW MEXICO Severance Tax On Uranium HB-204, 66, and 183. A severance tax is imoosed on 4

uranium,- measured by the quantity of U 03 8 contained in and recoverable from severed and saved uranium-bearing material. The taxable event is the sale, transportation out of New Mexico, or consumption of the uranium-bearina material, whichever occurs first. A tax table is provided. Tax liability may also be determined by registering with the revenue division of the Taxation and Revenue Department any bona fide arms length contract for the sale of uranium-bearing A severance tax of 1.25T shall material entered into prior to January 1, 1977.

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6', No. 12 August 14, 1980 be collected on each pound of U 03 8 sold or transported out of New Mexico pursuant to the registered contract. Uranium-bearing material severed on or before January 1,1980, shall be allowed credits as provided. Also enacted are provisions for an oil and qas severance tax and severance surtax.

(Aoproved i

i 2/29/80, effective 7/1/80.)

i' LOUISIANA Study Of Nuclear Power HCR-171. Directs that the Committees on Natural Resources of the House and Senate conduct a study relative to nuclear oower plants to determine: 1) the need for nuclear power in the State; 2) the effect on human health and the environment; 3) whether they can be operated safely; I

4) whether they are being constructed following all safety standards; 5) the 1

economic benefits and burdens on the consumers of electricity in the State; j

6) alternative methods available to meet the electrical needs of the State; and 7.)

State jurisdiction over construction, safety, operation and other factors. The committee shall have the authority to review existing and proposed locations of nuclear plants to determine if they provide security including civil defense and ' emergency preparedness plans. (Adopted 7/13/80.)

l Study On Radioactive Waste Storage HCR-254. Creates a joint subcommittee of the House and Senate Committees on Natural Resources for the purpose of 4

studying the research being conducted for DOE by Louisiana State University in the salt domes and other geologic structures in the State to determine their suitability for storage of radioactive waste. The joint subcommit' tee j

shall advise the Assistant Secretary of the Office of Environmental Affairs of the Department of Natural Resources, the Department of Wildlife and Fisheries, and the Director of the Institute for Environmental Studies at Louisiana State University. A written report of the committee's findings shall be submitted to the legislature prior to the 1981 regular session.

(Adopted 7/12/80.)

NEW YORK 4

Shoreham Nuclear Project S-9858, Aopropriates the sum of $125,000 to the s

Public Service Commission for investigating the expenditures on the Shoreham nuclear project by the Long Island Lighting Company.

(Approved 6/30/80, effective immediately.)

PENNSYLVANIA Uranium Tailings H-1899. Exoands the power and duties of the Department of Environmental Resources.

Its duty shall be: 1) to enter into cooperative agreements with DOE prusuant to Section 103 of the Uranium Mill Tailings Radiation Control Act of 1978; 2) to acquire in consultation with the U.S.

Government such property or interest therein as is necessary for performance t

of remedial action; 3) to' pay both tenants and owners in fee of such pronerty in addition to the cruchase orice those moving and removal expenses and other damages as are provided for in the Eminent Domain Code; 4) to dispose of any property of interest therein acquired under this section in accordance with the terms and conditions of the cooperative agreements entered into with the DOE; i-and 5) to perform, in cooperation with the U.S. Government such other\\ remedial i

action as may be necessary. ( Approved 7/1/80, effective immediately.)\\

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t Vol. 6. No. 12 Auaust 14, 1980 RHODE ISLAND Commission On Nuclear Hazard Monitoring Systems S-2725. Creates a special legislative commission consisting of seven members: two from the House; two from the Senate; three representatives from the general public; one resident of the town of Westerly; and one membes of the concerned citizens of Rhode Island.

The purpose of the Commission shall be to study the feasibility of a direct line monitoring warning system which would constantly measure the level of radioactive isotopes at all nuclear power olants within a 50-mile radius of Rhode Island borders; and to study the feasibility of a continuous readout monitoring The Commission shall report its findings warning system for the State.

and recommendations to the General Assembly on or before February 2,1981.

(Approved 4/29/80, effective 5/14/80.)

VIRGINIA Hazardous Waste Management SB-298. Expands the duties of the Board of Health The Board is responsible for and is to include hazardous waste nanagement.

1) acquire by purchase, exercise of the right of eminent domain, authorized to:

grant, gift, devise, or otherwise the fee simple title to any lands selected in the discretion of the Board as coastituting necessary and appropriate sites 'to be used for the purpose of the managenent of hazardous waste, subject to the approval

2) operate or provide for the operation of hazardous waste of the Governor; management facilities; 3) assume responsibility for the perpetual custody and maintenance of any hazardous waste management facilities; and 4) collect from any persons operating or using a hazardous waste management facility, fees All sufficient to finance such perpetual custody and maintenance of that facility.

fees received shall be used exclusively to satisfy the responsibilities assumed i

by the Board for the perpetual custody and maintenance of hazardous waste management i

facilities. (Approved 4/1/80, effective 7/1/80.)

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ESTABLISHMENT OF NEW REGULATIONS NEW JERSEY - Department of Environmental Protection Transportation of Radioactive Materials, New Jersey Administrative Code Title 7, i

Establishes requirements for transportation of Chapter 28, Subchapter 12.

radioactive materials and for approval by the Department of shipping procedures for certain quantities of radioactive materials. A certificate of handling or i

a certification number must be obtained from the Department of Environmental Protection in advance of the transport, intransit storage or detention of radioactive materials. Certificate application orocedure and requirements are outlined for each type of radioactive material defined.

(Effective 7/1/80.)

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Vol. 6, No. 12 August 14, 1980 INTRODUCTION OF NEW LEGISLATION ILLIN0IS Creating A Department of Nuclear Safety HB-3614. Would create the Department of Nuclear Safety. The Department will exercise, administer and enforce all rights, powers and duties vested in the Department of Public. Health, Office of the State Fire Marshal, Board of Boiler and Pressure Vessel Rules, and in the Environmental Protection Agency by the Acts named within.

Personnel, records,

property, unexpended approoriations and pending business previously assigned to these programs shall be transferred to the Department. The Department of Nuclear Safety shall: 1) register, license, inspect and control radiation sources and shall purchase, lease, accept or acquire lands, buildings and grounds where radioactive wastes can be disposed and to supervise and regulate 1

j the operation of such disposal sites; 2) formulate a comprehensive emeraency preparedness and response plan for any nuclear accident; 3) formulate a com-prehensive plan regarding transportation of nuclear materials in Illinois and have oversight authority over the regulation of the transportation of nuclear i

materials, including oversight of Department of Transportation and Department of Law Enforcement functions in enforcing regulations; 4) formulate a comprehensive plan regarding disposal of nuclear waste in the State; 5) study the impact and cost of nuclear power, alternative energy sources, acceptable standards for=

tra location of future nuclear power plants and all other factors which bear i

on the use of nuclear power or on nuclear. safety; and 6) have primary responsibility for the coordination and oversight of all State governnental functions concerning i

i the regulation of nuclear power, includino low level waste management, environmental monitoring, and transportation of nuclear waste. The Department shall have and exercise the same powers and duties in relation to boilers and pressure vessels as the Board of Boiler and Pressure Vessel Rules or the State Fire Marshal.

(Introduced S/23/80.)

NEW JERSEY Transportation of Radioactive Materials HBN-1836. Wou!d require a certificate of handling, issued by the Department of Environmental Protection in the pcssession of the operator of the motor vehicle before radioactive materials could be transported in the State. To ship or transport radioactive materials in any manner or condition deviating from the conditions of the certificate of handling is unlawful. Motor Vehicles may be inspected by any police officer, representative of the Department of Environmental Protection or any motor vehicle inspector, and penalties are provided for violations. The operator of any shipment of radioactive materials shall conspicuously post a placard in the cab of the vehicle bearing the conventional radiation symbol and the words

" CAUTION: THIS VEHICLE CONTAINS RADI0 ACTIVE MATERIAL." (Introduced 6/16/80.)

RHODE ISLAND Prohibiting Waste Dumping H-7032. Would prohibit hazardous waste or chemical dumping sites and refuses, garbage or recycling sites to be licensed, permitted 1

i or located within the town of Coventry without orior approval of the Coventry

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Town Council.

(Introduced 1/2/80.)

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Vol. 6, No. 12 August 14, 1980 The Office of State Programs has available composite summaries of State Legislation for the following categories:

I.

Regulation of the Use of Radiation a.

Establishing State-wide Radiation Control b.

Requiring Permits or Regulating the Handling of Radioactive Material':

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Monitoring Radioactivity d.

Providing Public Hearings on Radioactive Waste Disposal II. Restricting Radioactive Waste Storage or Disposal a.

Banning the Disposal of All Radioactive Waste b.

Requiring Legislative Approval for Disposal of Radioactive Waste c.

Bans Disposal of High-Level Radioactive Waste d.

Requires Consulation and Concurrence Before Disposal is Permitted III. Waste Management a.

Waste Disposal Siting Restrictions b.

Permit Requirements c.

Fee Assessments d.

Waste Disposal Studies IV. Transportation of Radioactive Materials a.

Establishing State-wide Regulatory Body b.

Establishing Requirements on the Transportation of Radioactive Materials c.

Establishing Emergency Procedures d.

Miscellaneous V.

Uranium Milling a.

Uranium Mining Regulation b.

Radiation Control c.

Imposition of Tax VI. Power Plant Siting a.

Establish a State-wide Regulatory Body for Siting b.

Establ13h Siting Procedures c.

Prohfbiting Nuclear Power Plant Siting VII. Ertergency Response a.

Emergency Planning Connected to Nuclear Power Plants b.

State-Wide Emergency Planning

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l, i. Gc Wayne Kerr, Acting Di ector f Office of State Prograg)s For Further Information Cr'itact Gail Grambau

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