ML20041C512
| ML20041C512 | |
| Person / Time | |
|---|---|
| Issue date: | 12/31/1981 |
| From: | Kerr G NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | |
| References | |
| NUREG-BR-0025, NUREG-BR-0025-V08-N1, NUREG-BR-25, NUREG-BR-25-V8-N1, NUDOCS 8203020130 | |
| Download: ML20041C512 (24) | |
Text
NUREG/BR-0025 INFORMATION REPORT ON O
WState Legislation OFFICE OF STATE PROGRAMS U. S. NUCLEAR REGULATORY COMMISSION Vol. 8 No. 1
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This edition is a complete summary of all State laws involving nuclear issues which were enacted in 1991.
The sumaries are listed alpha-betically by State and include the date each was enacted.
We have expanded the categories into which the laws are indexed.
There are now 22 categories in our program and in this edition only, we are including a definition of all the new categories and the issues they en com pa s s.
This list will be used throughout the year to categorize the bills, resolutions and initiatives.
Lle would appreciate hearing any comments you may have.
Please contact I
' lindy Landau or Dick Kraus at (3nl) 4'12-9980/0884.
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G. Wayne er, Director office of State Proqrams I
8203020130 811231
GLOSSARY OF CLASSIFICATION CATEGORIES 1.
Emergency Preparedness o nuclear accidents, incidents o accidental radiation release o State radiological emergency preparedness plans o response plans for radiological transport accidents o potassium iodide o evacuation o emergency response o emergency services 2.
Radiation o control o ionizing o dose rates o exposure o health effects o standards o certification of radiation health inspectors o training requirements 3.
Nuclear Power Plants o general o moratorium on construction or operation o site, facility, location requirements o regulation o decontamination 4.
Decommissioning o all nuclear facilities o bonding and perpetual care 5.
Insurance o radiation and atomic / nuclear energy hazards o bonding and perpetual care o liability l
6.
Power Plant Siting o general o energy centers o steam electric generating o zoning o zoning / codes / regulation o need for power
_2 7.
Transportation of Radioactive Materials o general o regulation of o restrictions on o routing o packaging o notification o of spent fuel, low-level waste, and all other radioactive materials 8.
Radioactive Waste, Handling, and Financial Management This subject applies primarily to the following:
o restrictions and contingent restrictions on disposal facilities o financial waste management o temporary storage facilities for both high and low-level radioactive waste o biomedical and scintillation waste 9.
Low-Level Waste for Shallow Land Burial Managenent This subject applies to itens specifically related to the managenent of permanent shallow land burial of radioactive waste I
10.
High-Level Waste Management This subject applies to items specifically related to the management of deep geologic disposal of high-level radioactive waste.
11.
Low-Level Waste Compacts Activities that relate to interstate low-level radioactive waste compacts.
12.
Uranium Mining and Milling This subject applies to the following:
o restrictions and contingent restrictions on uranium mining and/or o milling activities o bonding and perpetual care of these facilities o financial management c other items generally related to this subject 13.
Impact Mitigation This subject applies to items that will control, forbid, or in some way compensate the operations or specifications of a nuclear related l
facility from adversely affecting the public health and safety or the environment.
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14.
Safeguards and Physical Security This subject applies to the safeguarding and physical security of nuclear related facilities such as:
o nuclear power plants o reprocessing facilities o fuel fabrication facilities o transportation of radioactive o uranium enrichment facilities ma terial s o uranium mining and milling facilities o security clearances - not a o temporary waste storage facilities facility o test reactor or laboratory facilities 15.
Environmental Controls This subject would apply to all nuclear related facilities.
o radioactive emissions into air and water o radiological environmental monitoring surveillance o land use regulation and planning o environmental quality o environnental impact statements 16.
Agreenents This subject applies primarily to the following:
o Cooperation with States, especially under Section 274,
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Atomic Energy Act, as amended.
o Interstate and regional energy canpacts, such as the Western Interstate Energy Compact and the Southern States Energy Compact.
(Does not include low-level radioactive waste interstate compacts, see special category for this item).
17.
Legislative and Executive Branch Activities This subject would include nuclear energy related:
o commissions o committees
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o councils o task forces o studies o other activities, as appropriate 18.
Energy Offices Activities that relate to:
o planning o conservation o need for power l>
4 19.
Health Department, Authorities and Responsibilities
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This subject deals primarily with issues of radiological control and nuclear safety.
20.
Environmental Offices This subject desia with the organization, authorities and respon-sibilities in the environmental offices.
21.
Public Utility Commission (or Public Service Commission)
This subject deals primarily with subjects related to nuclear power, such as need for power and ratemaking and related PUC activities.
22.
General This is a miscellaneous category that includes everything that does not fit into any other category.
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CLASSIFICATION INDEX Emergency Preparedness Transporta tion Arizona H-2466 Nevada S-86*
Arkansas S-167 New Mexico H-398 Connecticut S-1419 Oregon S-109 l
Iowa H-782 South Carolina H-2678 l
Maryland H-44 Radioactive Waste, Handling l
Minnesota H-1434 and Financial Managenent l
New Hampshire H-464 New York S-7122 Alabama H-515 North Carolina S-577 Hawaii SCR-33 Kansas H-2181 Radiation Massachusetts H-6792 Nevada S-86*
California HR-30*
Nevada S-87 Indiana S-385 New Mexico H-397 Maine LD-473 North Carolina H-593 New York A-6132*
Oregon S-108 North Carolina S-401 Texas HCR-21 Texas S-735*
Low-Level Waste Power Plants Maryland S-572, S-573 Kansas S-80 Massachusetts H-7438*
I Maryland S-574 Montana H-652 North Carolina S-443*
Decommissioning Texas S-1177 Maine LD-454 High-Level Waste New Hampshire H-1 Utah S-18 Insurance Wisconsin A-555 Oregon S-769 Low-Level Waste Compact Rhode Island S-924 Hawaii SCR-29 Power Plant Siting Idaho H-447 Oregon S-917 California A-864 Montana HJR-42 Kansas SCR-1622 Utah HCR-12 Montana S-376, H-607 Washington S-4182 Washington H-467
- Bill appears in more than one category.
. Uranium Mining & Milling Health Dep,artment Minnesota H-1051 California HR-30*
S fiew Jersey S-1492 New York A-6132*
Virginia HJR-324 North Dakota H-ll74 Impact Mitigation Environmental Offices Maine LD-1242 Texas S-480 Maine LD-1405 Texas S-735*
Pennsylvania HR-6 Public Utility Canmissions Saf eguard s Nebraska LB-181 Washington H-304 Washington H-339 Washington S-3797 Environmental Controls Washington Initiative 394 California S-671 General Louisiana H-54 Alaska S-29 Agr een ents Connecticut H-7146 Massachusetts H-6944 Mississippi H-70, H-1239 Mississippi H-541 Montana H-641 South Dakota H-1226 South Carolina S-174 Tennessee S-963, H-766 Texas Initiative Legislative & Executive Branch Washington H-338 Activities Connecticut H-7248 Louisiana HCR-104 Louisiana SCR-172 Maine LD-1676 Massachusetts H-7438*
Nebraska LB-302 New Jersey S-246 New Mexico H-284 North Carolina S-443*
Rhode Island S-257 Rhode Island H-5324 Tennessee S-918 Washington S-3041 Washington S-3972 Energy Offices Arkansas H-97 Colorado S-23 Maine LD-381 Maryland S-1033 Washington S-4085
- Bill appears in more than one category.
Summary of Laws-Enacted by States During 1981 ALABNIA Waste Disposal H-515.
Prohibits the Federal government from storing or dumping any nuclear spent fuel or any other radioactive material or waste that is not generated or used in the State.
(Enacted 5/21/81.)
ALASKA Nuclear Facilities Prohibited S-29.
Prohibits a person from constructing a nuclear fuel production facility, a nuclear utilization facility, a nuclear reprocessing facility, a nuclear enrichment facility or a high-level radioactive waste disposal facility in the State unless an individual has first obtained a permit from the Commissioner of Environmental Conservation to construct the facility.
(Enacted 7/26/81.)
ARIZONA Emergency Planning H-2466.
Provides for the development of a State nuclear emergency plan, a tax on consortia of corporations constructing and operating commercial nuclear generating stations, and establishment of a nuclear emergency management fund.
Dictates the powers of the governor during a state of emergency. Directs the Division of Emergency Services to develop the State plan for off-site response to a nuclear accident.
Establishes procedures for collection and administration of the annual tax levied upon public service corporations for the object of developing, maintaining and supporting the State plan.
The nuclear emergency management fund will be used for administering and enforcing the State plan for off-site response to nuclear emergencies.
(Enacted 4/27/81.)
ARKANSAS Consumer Utilities Rate Advocacy Division Act H-40, S-33.
Creates a Consumer Utilities Rate Advocacy Division within the Office of the Attorney General. The Division shall represent the people of Arkansas in hearings before the PSC and other State and federal courts or agencies concerning utility related matters. This Act will not preclude the right of any party to intervene on any matters concerning the PSC.
(Enacted 12/1/81.)
Arkansas Energy Reorganization and Policy Act of 1981, Act 7 (H-97).
Abolishes the Arkansas Department of Energy and establishes the Energy Office within the Industrial Development Commission.
The duties of the Energy Office include:
(1) coordisting energy matters among State agencies and between the State and Federal agencies; (2) developing and administering conservation programs; (3) proposing executive and legislative measures on energy related matters; and (4) compiling an energy profile for the Statc.
(Enacted 1/29/81.)
ARKANSAS Cont'd Emergency Response S-167. Authorizes the Department of Health to carry l
out a nuclear planning and response program designed to protect lives and property from radiation and other hazards.
The program will include continuous environmental radiation surveillance in the area of any nuclear facility, training of people residing in such areas, plans for immediate emergency response, dissemination of infonnation on radiation hazards and evacuation procedures, and other actions to be taken in the event of a nuclear incident. Funds for employees and programs will be appropriated by the General Assembly.
(Enacted 2/19/81.)
CALIFORNIA Emission Control S-671.
Requires the State board to adopt written findings on certain matters, in this case emission reduction, prior to adopting rules which affect the operations of existing power plants and to consider the findings in adopting these rules.
(Enacted 9/18/81.)
Power Plant Certification A-864.
Authorizes local agencies to request reimbursements from the State Energy Resources Conservation and Develop-ment Commission for any assistance by the agency in filing applications for certifications of power plant sites, and in turn authorizes the Commission to request a fee from the person proposing the project or to devote a special fund in its budget for reimbursement of costs incurred by local agencies.
(Enacted 9/30/81.)
I COLORADO Energy Coordinating Council S-23.
Establishes the Colorado Energy Coordinating 'ouncil to advise and inform the Governor concerning Energy activi s ies and conservation.
Details oraanization of the council.
The council will investigate all State agencies and activities which affect energy policy in the State, recommend legislation, evaluate reorganization and consolidation of State agencies, and generally review and analyze energy development and production in the State.
(Enacted 6/4/81.)
CONNECTICUT Energy Authority H-7248.
Provides for a study on the feasibility of a State energy authority to develop and inplement new energy technology and encourages energy conservation techniques.
(Enacted 5/15/81.)
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C0titlECTICUT Cont'd I
_ Sale and Consumption of Energy H-7146. Concerns the duties and powers of the Secretary of the Office of Policy and fianagement with respect to the sale and consumption of energy.
Also establishes the Secretary as the lead individual for:
- implementing regulations relating to distribution of energy resources;
- investigations involving violations of such regulations;
- coordination of State and local programs for consumption for energy resources; and
- conducting programs of public education regarding energy conservation.
(Enacted 6/18/81.)
Emergency Preparedness S-1419.
Establishes a nuclear safety emergency preparedness fund which will be financed through assessment of all NRC licensees operating nuclear power plants in the State.
The fund will be used towards a program which assesses nuclear accidents and necessary protective actions.
It will provide for training of response personnel, accident scenarios, response equipment and emergency response plans for areas surrounding each plant and spent fuel storage facilities.
(Enacted 6/29/81.)
IDAHO Interstate Compact on Low-Level Radioactive Waste fianagement H-447.
l Adopts the Northwest Interstate Compact on Low-Level Radioactive Waste Management. This compact requires each party State to adopt practices which will require low-level waste shipments originating within its borders and destined for a facility within another party State to conform to the applicable packaging and transportation requirements and regulations of the host State.
Requires each party State facility to accept low-level waste generated in another party State if the waste has been packaged and transported according to the applicable laws and regulations. Prohibits acceptance of waste generated outside of the region unless approved by two-thirds of the Northwest Low-Level Waste Compact C9mmittee and affirmed by the party State in which the affected facility is located. Requires the party States to determine an appropriate site for a disposal facility that might be required within the party State region and to maintain any existing sites or facilities.
Provides l
I for the establishment of a fee schedule and requirements related to a facility to ensure that closure, perpetual care, maintenance and contingency requirements are met. Provides that the Compact becomes initially effective upon enactment into law by two eligible States. Allows other eligible States to initially join by executive order.
Provides for severabili ty.
Includes eligible States: Alaska, Hawaii, Idaho,fiontana, Oregon, Utah, Washington and Wyoming.
(Enacted 4/7/81.)
INDIAtlA l
Radiation Control S-385. Changes the membership of the Radiation Control Advisory Commission.
Sets the duration of licensing of certain radiological materials by the State Board of Health at 24 months and assesses a licensing fee of $250, effective only upon agreement with the NRC.
(Enacted 4/24/81.)
IOWA Emergency Planning H-782.
Authorizes the Governor to proclaim a state of disaster emergency when a disaster is threatened and amends the definition of disaster to include accidents involving hazardous substances or nuclear fuel.
If a shortage of fossil fuel exists, the Governor may require a prime supplier to release a fraction of the supplier's total monthly supply of fuel to consuners in the State.
(Enacted 5/25/81.)
KAtlSAS Solid and Hazardous Waste H-2181.
Addresses perpetual care fund, applications, permits, fees, penalties, violations and recycling.
Establishes a siting board. Transporters must be licensed and must dispose of substances at licensed site.
Places moratorium on siting of low-level radioactive waste disposal facilities until the State can enter into a compact.
(Enacted 4/17/81.)
State Corporation Commission S-80.
Gives the State Corporation Commission full authority to supervise and control the public utilities doing business in the State. Allows an association of cooperatives to organize in contracting for participation or ownership in nuclear power plants, and execute power supply agreenents with its members to secure financing for this purpose.
(Enacted 4/17/81.)
l LOUISIANA Waste Discharges H-54.
Prohibits the discharge, emission or disposal of any substance in contravention of State law, regulations or permits or license terms and conditions without notifying the Office of Environ-mental Affairs.
Provides for criminal penalties for intentional failure to make notification or for intentional concealment or attempted concealment of discharges.
(Enacted 7/17/81.)
f1AINE Energy Commissions LD-381. Allows municipalities to establish energy commissions.
Principle duties of these commissions are: a) to study and recommend energy policies to the municipal officers or board; b) to encourage energy conservation and better energy management; c) to promote efforts to increase community energy self-sufficiency through the develop-ment of safe and renewable energy resources; d) to provide leadership and direction for local conservation education; e) to work with other public and private organizations in securing funding for local energy projects and employment; f) to coordinate their efforts with other local and State organizations. The Commission may also conduct research in public transportation, recycling, solar power, hydroelectric power and other activities that will make the municipality more energy self-sufficient through the utilization of renewable energy resources.
(Enacted 4/2/81.)
- f1AINE Cont'd Decommissioning LD-454. Continues the Joint Select Committee on De-commissioning of Nuclear Generating Facilities.
Extends the expiration date for its study and recommendations to December 2,1981. Allocates per diem ar.d other expenses to each member of the committee for each meeting attended.
(Enacted 4/1/81 )
Radiation LD-473. Amends the requirement for certification of ionizing radiation equipment. Ensures further rules will be promulgated requiring periodic certification and calibration of this equipment by competent technicians.
(Enacted 3/23/81.)
Reporting Requirements LD-1242.
Requires operators of power plants to report annually on any unresolved safety problems to the Maine State Library Bureau and the Bureau of Civil Emergency Preparedness.
The report will include a list and summary description of any safety-related incidents reported to the NRC during the previous calendar year, along with causes of the incident, its effects on human health and the environ-ment, corrective measures taken and their costs.
(Enacted 6/5/81.)
Safety Related Events LD-1405.
Requires immediate public notification of radioactive releases and other safety-related events at nuclear powe~r plants. The notice would include a) total amount of radioactivity released; b) estimated individual dose which may occur; c) weather conditions at the time of the release; d) area (s) affected by the release;
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e) equipment malfunctions, or operator errors that caused the release; and f) corrective actions taken.
(Enacted 5/29/81.)
Emergency Response LD-1633 (draft of LD-1094). Establishes a State emergency radiological response system which would create a plan for the protection of people and property from the hazards of radiation. The Committee in charge of the plan will assess each nuclear power reactor a fee of $75,000 for the 1982 fiscal year and $50,000 for each year thereafter to be put into the Nuclear Emergency Planning Fund. Monies in the fund will be disbursed for the preparation and implementation of emergency planning related to nuclear power plants and fuel cycle facilities.
(Enacted 6/9/81.)
Nuclear Uaste Research LD-1636 (draft of LD-1522). Assures legislative Farticipation in nuclear waste repository research and development activity within the State. The Department of Environmental Protection would be charged with coordination of high-and low-level waste.
Also authorizes the Governor to negotiate regional compacts with other States, while the Low-Level Waste Siting Commission is directed to study several aspects of low-level waste generation, transportation and disposal to assist the Governor in regional efforts to manage these wastes.
(Enacted 5/29/81.)
I f1ARYLAND Gubernatorial Powers H-44.
Extends, until March 15, 1982, the authorization to the Governor of certain powers during energy crisis emergency situations.
(Enacted 5/12/81.)
Waste Disposal S-5}2.
Provides for the licensing and regulation of low-level nuclear waste transportation, treatment, storage and disposal in accordance with the Department of Health and '1 ental Hygiene.
Conditions the issuance of a permit for the disposal of certain low-level nuclear waste on an interstate compact under certain circumstances. Also provides for the siting of low-level waste disposal facilities.
(Enacted 5/19/81.)
Wa_ste Disposal S-573.
Prohibits a person from engaging in generating low-level waste unless the Department of Health and Mental Hygiene adopts a rule certifying certain criteria have been satisfied.
(Enacted 5/19/81.)
Power Plants S-574.
Prohibits the Public Service Committee from issuing a certificate of public convenience or necessity for the construction of any nuclear power plant unless the Secretary of Health and fiental Hygiene certifies that certain criteria have been satisfied.
(Enacted 5/19/81.)
Advisory Committee on Atomic Energy S-1033.
Abolishes the Advisory Committee on Atomic Energy. This committee was originally composed of qualified experts in areas such as energy, law, labor, health and economics, I
whose duties included advising the State on atomic energy. The committee was abolished as a result of substitute effort being provided by the Southern Interstate Energy Board.
(Enacted 4/28/81.)
fiASSACHUSETTS Commission on Hazardous Naste H-6792.
Increases the membership and scope of the special Commission established to study hazardous and solid waste.
(Enacted 1/2/82.)
Judicial Investigations H-6944.
Provides for investigations by the Judicial Council of current House documents which deal with radiation and hazardous waste. These documents all relate to tort actions for personal injury or death arising from radiation exposure.
(Enacted 11/16/81.)
Low-Level Waste Commission H-7438.
Establishes a commission whose function is to prepare and issue a statewide assessment report which would describe and evaluate the low-level radioactive waste management in the State. The report would also offer alternative solutions for transportation, treatment, processing and disposal of low-level radioactive waste.
Requires any person handling low-level waste, at the request of the Commission, to provide information concerning the type, volume, radioactivity and source of the waste. The Commission would determine whether Massachusetts would become an agreement or limited agreement MASSACHUSETTS Cont'd State, participate in regional facility negotiations and perform various other studies and investigations related to the activities surrounding low-level radioactive waste.
(Enacted 12/24/81.)
MINNESOTA Uranium Drilling H-1051.
Places a moratorium on uranium drilling in the counties of St. Louis, Aitkin, Kanabee and Crow '4ing until July 1,1982.
Requires a report to the legislature by the Commissioners of Health on groundwater thermal exchange, its environmental impact and recommendations for future State actions.
(Enacted 5/28/81.)
Assessment for fluclear Safety Preparedness Act H-1434.
Any person, firm, corporation or association in the business of owning or operating a nuclear power plant located in Minnesota shall pay an assessment of
$250,000 per plant to cover the initial costs of upgrading the nuclear power plant emeraency response plans and other programs necessary to deal with incidents resulting from the operation of that nuclear power plant. An assessment of $75,000 per plant shall be paid annually, beginning July 1,1981 to cover ongoing costs related to the energency response plan.
(Enacted 6/1/81.)
MISSISSIPPI Changes flame and Purpose of Southern Interstate Nuclear Compact H-70.
Changes the name of the Southern Interstate Nuclear Compact and the Board created thereby to the Southern States Energy Compact and the Southern States Energy Board. Specifies that the purpose of the Board shall relate to energy and the environment generally, rather than specifically to nuclear energy.
(Enacted 3/3/81.)
Jo_ int Agencies Authority Defined H-541.
Clarifies language regarding the powers of joint agencies in the Joint Municipal Electric Power and Energy act.
(Enacted 3/23/81.)
Nuclear Energy Program H-1239.
Provides appropriations for the purpose of naking the Mississippi support payment to the Southern Interstate Nuclear Board or its successor for fiscal year 1982 for operation of the regional nuclear energy program.
(Enacted 3/4/81.)
MONTANA Major Facility Siting S-376.
Increases the limit allowed for physical changes to a major facility already under operation, including electric generation facilities.
Expands exemption criteria for the relocation, reconstruction or upgrading of a facility.
(Er.dcted 4/29/81.)
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-..' M0tlTAtlA Cont'd Amendments to Certificates H-607.
Assigns the burden of proof when application is made to amend a certificate of environmental compat-ibility and public need under the State's facility siting act.
If the Department of Health determines that a hearing is required because the proposed change would result in any material increase in the environ-mental impact of the facility, the applicant has the burden of showing that the amendment should be granted.
(Enacted 4/14/81.)
Participation in florthwest Planning Council H-641.
Providing for the agreement by the State of fiontana to formation of and participation in the Pacific Northwest Electric Power and Conservation Planning Council.
(Enacted 3/12/81.)
Waste Disposal H-652.
Provides for a State regulatory system for the disposal and maintenmce of uranium mill tailings by removing the prohibi-tion of waste disposal enacted by Initiative 84. A general election to decide this issue will be held on November 2,1982.
(Enacted 4/28/81.)
NEBRASKA Public Power LB-181.
Changes the review jurisdiction for the sale or lease of power plants from the Department of Water Resources to the Nebraska Power Review Board. Details procedures for forming a public r
power district.
Defines wholesale electric energy and provides for procedures for selling such energy to consumers.
(Enacted 5/22/81.)
Power Supply Plan LB-302. Requires the Nebraska Power Review Board to direct a representative group of electric suppliers to file a coordinated long-range power supply plan containing the following information:
1) the identification of all electric power plants generating at least 25,000 kilowatts; 2) the identification of all transmission lines with a rated capacity of at least 230 kilovolts; 3) the identification of all additional planned electric generation requirements needed to serve the State for twenty years. Also requires a State research and conservation repart. Both reports shall be updated annually.
(Enacted 5/30/81.)
NEVADA Transport and Disposal of Radioactive Materials S-86.
Provides for the regulation of transport and disposal of radioactive materials; would require legislative approval of certain contracts and licenses resnecting areas for waste disposal; would prohibit State agencies to contract with anyone to operate State-owned areas for waste disposal; would create a trust fund for site maintenance of waste disposal facilities.
(Enacted 4/21/81.)
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NEVADA Cont'd Waste Disposal S-87.
Details requirements for ownership of waste disposal sites; assures efforts will be nade to provide for the safe disposal of uranium tailings, minimizing diffusion of radon, and reducing the need for long-term treatment and surveillance of uranium tailings.
(Enacted 6/2/81.)
Decommissioning H-1.
Requires operating utilities to assume complete fiscal responsibility for the deconmissioning of nuclear power plants.
Establishes the " Nuclear Decommissioning Financing Conmittee," responsible for ensuring that safe dec ommissioning and subsequent surveillance of nuclear reactor sites will be provided.
The committee will administer the payment of monies into the nuclear decommissioning financing fund, also created by this bill.
The full amount of payments into the fund will be established by the connittee.
Details organization of and funding determinations by the conmittee.
(Enacted 5/4/81.)
Emergency Response Plan H-464.
Establishes a State radiological emergency response plan fund, to be administered by the Public Utilities Commission, to pay for the costs of developing, testing, and implementing an emergency response plan for Seabrook nuclear power station.
Allocates money from the fund, which will come from the utility, to the municipalities and State Civil Defense /\\gency. Assesses the utility an annual fee to pay the costs of maintaining and operating the plan.
(Enacted 6/3/81.)
NEW JERSEY Uranium flining S-1492.
Declares that extreme caution is needed in determining public policy pertaining to the explorati,n, mining and milling of fissionable source materials.
Fissionable source material is defined as mineral are which is processed with the intention of being used as fuel for nuclear reactors or weapons.
Prohibits any person from exploring (beyond the reconaissance phase), extracting, milling or processing fissionable source materials in the State.
Violation of this act is punishable by a fine of as much as $10,000. The Department of Environmental Protection will prepare a report concerninci the dangers to public safety by the explora'. ion, mining or processing of any fissionable source material in the State. This report shall be submitted to the Governor and the Legislature.
(Enacted 5/4/81.)
Radioactive Materials S-246.
Precribes the powers, duties and procedures for the Radioactive Waste Consultation Committee and Task Force to properly consider State concerns relating to radioactive waste disposal, transportation and emergency planning. While determining waste disposal, the committee must consider provisions for an independent State review facility, disposition of uranium mill tailings, disposition of low-level waste, and development of a State emergency response capability.
(Enacted 4/10/81.)
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_ _ _ _ NEN '1EXICO Licensing of Radioactive Materials H-284.
Prohibits possession, use, storage, disposal, manufacture, processing, repair or alteration of any radioactive material without a) a license issued by the Nuclear Regulatory Comission, and license identification by the licensee to the Environmental Improvement Division; b) a license issued by an agreement State and notification by the licensee to the Environmental Improvement Division or c) a license issued by the Division. Allows the Division to issue licenses and approve requests for reciprocity in accordance with procedures prescribed by regulation of the Board. Authorizes the Board to exempt from the requirements of licensure specific quantities of any radioactive material determined not to be a health or environmental hazard.
Provides for appeals action for any person who may be affected by such licensing action.
(Enacted 4/10/81.)
Site Identification Act H-397.
The purpose of this Act is to permit the State opportunity to avail itself of the interim period before 1984-1989 when present out-of-State disposal facilities will be closed to the disposal of New Mexico's low-level waste.
It establishes criteria for selection of a disposal facility and requires the study and identification of at least three possible sites for a disposal facility in the State.
(Enacted 4/8/81.)
Radioactive flaterials Transportation H-398.
Authorizes the Environmental Improvement Board to issue regulations prescribing conditions for transporting radioactive material, including routing criteria on the highways.
Imposes fines for violation of the Board's regulations.
(Enacted 4/10/81.)
NEW YORK Radioactive Gold A-6132. Amends the present bill authorizing the Commissioner of Health to locate and purchase radinactive gold worn as jewelry by residents of the State.
The gold was treated with radon and used in the treatment of cancer some thirty to fif ty years ago. This bill requires:
- 1) that the Commissioner establish a program to identify and locate the gold; 2) that the Comissioner purchase the gold from its owners; 3) that such jewelry be decontaminated and disposed of in an authorized manner; 4) that any person who learns they possess such jewelry shall immediately notify the Commissioner.
The sum of $150,000 will be appropriated to the Commissioner of Health to carry out the provisions of this act.
(Enacted 7/21/81.)
Radiological Emergency Preparedness S-7122.
Requires the chief executive of a county or city to request that the Governor declare a disaster emergency in the event of a radiological accident. Authorizes the State to monitor and assess radiation, pressure and temperature data from the reactor containment building which will enable the State Disaster Preparedness Commission and the Department of Health to make a timely and independent
_ _ _ _ _ _ _ _ _ _ _ _ _ fil:W YORK Cont'd assessment of the danger posed to the public health by a nuclear mishap.
l'unding for the monitoring, as well as for any revision or testinq of the Radiological inergency preparedness Plan, will be provided for by an annual assessment f rom each nuclear plant not to excoed $750,000.
payment of the f ee is not intended, however, to relieve the utilities of any other liability that may incur in the event of a radioloylcal accident.
(Inacted //?l/81.)
fl041H CARolIflA Radiation protection Act S-401.
Repeals the double sunset provision on t}ie flaifi'at' lim Friitect' lim Aiit.
The only expiration date now existinq is
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July 1, 1481.
(l'nacted S/14/H1.)
Was t e flana<jement Ac t S-441 Supersedes all special, local or private ac't's w}il'cli pilt variiius p'rohibitions on treatment or disposal of hatardous
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or low-level waste in the State.
This act prescribes a uniform system f or the manaqement of was t e in the State.
Cr eates a " Governor's Was te flanagement lloard" with some of its power as follows:
- periodically assessing the volume, dis tribution and chemical char-acteristics of waste generated or disposed of in the State;
- flat tnq recommendat ions to the Governor on ways to improve was te management and naximize conservation; I
- latinq recomnendations on policy issues of liability and financial responsibilities regardinq waste management; and
- promotinq public education and involvement in the decisionmaking process for the sItinq and permittIne of proposed waste manaqcment facilities.
(inacted 6/P6/81.)
I,mergency plan lee S-S//.
Assesses a minimum tee of $10,000 per year f or each nucliWr' ~p'owef plant located in florth Carolina for the purpose of def errinq the costs of planninq an emertjency response as required by the lederal imergency 'lanainment Auency.
(fnacted 10/10/81.)
Waste Disposal ll-593.
prohibits the disposal of radioactive wastes in Aiision~ liiun ty' uiiTeb the wa ter t able a t the disposal s i te is at least /S
~
feet below the surface.
(I:nacted 6/29/H1.)
fiORill DAtul'A Regulat'on of Uranium flining 11-1174.
Requires the State Department of lleal~tIi'tii 'prov' life'7eqhlit ioni Tiiflhe Iitensinq of persons to mine,
~
process, or dispose of radioactive material occurrinq naturally or produced artificially, provides for the ownership of disposal sites of radioactive material to transfer to florth Da60ta or the 11.5. Government
l 9 NORTH DAKOTA Cont'd upon termination of the license.
Requires that an adequate surety be provided by the licensee for the decontamination, decommissioniria, and reclamation of sites and couipment, and if required by the Department of Health, surety for long-term monitoring.
(Enacted 3/10/81.)
OREG0ft Waste Disposal S-108.
Provides that medical, industrial end research wastes contained in small, sealed containers in which the radioactive material is dissolved in an organic solvent for liquid scintillation counting and experimental animal carcasses, be disposed of at a hazardous waste facility. The facility must be licensed by the Department of Environmental Quality.
(Enacted 8/17/81.)
Transportation of Radioactive Material S-109.
Prohibits transportation of radioactive material within or into the State without a permit from the Department of Energy. Provides that any person obtaining a permit to transport radioactive material is liable, regardless of fault, for damage caused by transported material.
Requires the director to prepare reports on transportation and submit them to the Governor for transmittal to the Legislative Assembly.
Imposes a civil penalty of not more than
$50,000 per day for each day in violation of this Act.
(Enacted 8/21/81.)
Liability S-769.
Requires any person owning and operating a nuclear power plant to maintain liability insurance in the amount of $500 million for each nuclear incident occurring within the State.
(Ena-ted 8/22/81.)
Interstate Compact on Low-Level Radioactive Waste Management S-917.
This bill is similar in wording to the Idaho Act H-447.
(Enacted 7/29/81.)
RH0DE ISLAtlD fluclear Hazard !1onitoring S-257.
Authorizes continuation of the study,
" Joint Resolution Creating a Special Legislative Comission on the Feasibility of fluclear flonitoring Systems for Rhode Island." Requires the report's completion by February 2,1983.
(Enacted 3/27/81.)
United fluclear Corporation S-924.
Requires the United fluclear Corporation to post a 510 million bond with the Department of Health for twenty years to cover decontamination costs of areas surrounding the Utic f acility.
(Enacted 5/12/81.)
fluclear Hazard Monitoring H-5324.
Extends the reporting date of the special legislative Comission on the feasibility of nuclear hazard monitoring systems for the State.
(Enacted 5/20/81.)
. l l
SOUTH CAROLINA Interstate Energy Compact S-174.
Changes the name, " Southern Interstate Nuclear Compact," to " Southern States Energy Compact" and adopts the Compact in a revised form. Creates a board with three members from each party State.
Prescribes the board's powers, duties and procedures. The board's duties include:
-Analyzing the South's position on energy-related activities,
-Encouraging the development of energy-related facilities.
-Collecting information relating to certain uses of energy,
-Conducting training programs for personnel involved in energy-related
- fields,
-Studying industrial health and safety standards and recanmending changes in regulations as appropriate.
The eligible States to the Compact are: AL, AR DE, FL, GA, KY, LA, MD, MS, M0, NC, OK, SC, TN, TX, VA, WV, Puerto Rico and the U.S. Virgin Islands.
(Enacted 5/5/81.)
Transportation of Waste H-2678.
Regulates the transportation and disposal of radioactive waste, and permits the use of proof of insurance in lieu of a hold harmless agreement by government transporters of radioactive waste. A hold harmless agreement will hold the State of South Carolina harmless for all claims, actions or proceedings in law or I
equity arising out of radiological injury or damage to persons or property.
(Enacted 6/26/81.)
SOUTH DAK0TA Energy Transmission Permits H-1226.
P.equires proposed trans-state transmission facilities to comply with public convenience and necessity in any areas that receive electrical service, regardless of the State in which the areas are located.
(Enacted 4/14/81.)
TENNESSEE Major Energy Project Act S-918. Sets forth the " Major Energy Project Act" of 1981. A " Major Energy. Project" is defined as any project at one location, in the State interest, which has a capital cost of one hundred million dollars or more, and which is likely to reduce the dependence of the State on imported energy projects.
Details procedures for individuals proposing such projects and requirements for applications.
If the governor approves the project, he will initiate a joint review process and provide for a joint review staff. One State agency shall have the designated lead for the project.
Delineates procedures for the joint review team. At any time prior to completion of the project, the joint review team may (1) revise procedures on the project decision schedule, (2) add new procedures, (3) revise any deadlines, or (4) add new deadlines.
D (Enacted 4/14/81.)
' TENNESSEE Cont'd Taxation S-963, H-766.
Levies a privilege tax on the production of
' ertain nuclear materials by a private entity.
The tax will be applied ctowards the use and benefit of local governments.
(Enacted 4/27/81.)
TEXAS Comprehensive Plan for Radioactive flaterials Regulation S-480.
Creates the Texas Radiation Control Agency, with an 18-member board, empowered to:
-acquire property at which radioactive wastes are being or can be disposed of,
-lease such property to persons to operate as a disposal site.
-establish rules and guidelines for transport and routing of radioactive materials within the State,
-conduct studies of the need for waste processing and disposal facilities, and
-establish a classification system for radioactive wastes.
This law further encourages the use of interstate compacts for regional disposal sites, and requires the preparation and updating of emergency and environmental surveillance plans for any fixed nuclear facilities within the State.
It provides for inspections, federal-State agreements, inspection agreements and training programs, administrative procedures, injunction proceedings, civil and criminal penalties, establishment of a radiation and perpetual care fund, fees and eminent domain. Approximately 1.6 million dollars is appropriated to the Agency for the administration of this radiation control program.
(Enacted 4/1/81.)
Radiation Control Agency S-735.
Gives the Radiation Control Agency authority to acquire byproduct material and acquire title for land to manage it, consistent with public health and safety regulations.
Delineates several requirements for ownerhsip of radioactive waste, license procedures and actions to be taken if a threat of damage by waste material occurs. Licensees will be responsible for paying costs of actions and for corrective measures to be taken if a threat to health, safety or the environment occurs.
(E?5cted 5/20/81.)
Waste Disposal S-ll77.
Establishes the Texas Low-level Radioactive Waste Disposal Authority with responsibility for assuring disposal cap-abilities of low-level radioactive wastes generated within the State.
Details administrative make-up and procedures of the authority, site selection requirements, license acquisition, eminent domain and de-commissioning.
(Enacted 6/1/81.)
UTAH High-level Nuclear Wastes S-18.
Prohibits the placement of high-level nuclear waste in Utah unless the Governor, af ter consultation with the county commissioner of the affected county and with concurrence of the legislature, authorizes such placement.
(Enacted 3/26/81.)
WASHINGT0ft I
Nuclear Plant Security Force H-304. Allows the operating agency of a nuclear power pli.nt to establish a security force for the protection and security of each nuclear plant site exclusion area.
Requires security force members to complete a training progran approved by the Criminal Justice Training Commission. Authorizes the operating agency to obtain criminal history records for any applicant for the security force.
(Enacted 5/19/81.)
Operating Agencies H-338. Allows an operating agency to amend a contract for construction of a nuclear power plant if the plans and specifications for the work are 50% complete, and if the amendment specifies the con-tractor will be compensated for actual work performed at its contracted cost.
(Enacted 5/14/81.)
Operating Agencies - Revenue Bonds H-339.
Authorizes managing directors or treasurers of operating agencies to sell revenue bonds or warrants maturing one year or less from the date of issuance, and to fix the interest rates on the revenue bonds with such restrictions as the board prescribes.
(Enacted 5/8/81.)
Energy Facility Certification H-467.
Provides for expedited review of energy facility siting decisions.
(Enacted 4/25/81.)
Participation in Northwest Planning Council S-3041.
Allows the State of Washington to participate in the Pacific Northwest Electric Power and l
Conservation Planning Council pursuant to the Pacific Northwest Electric Power Planning and Conservation Act.
(Enacted 3/9/81.)
Operating Agency Management S-3797.
Requires that the management and control of an operating agency of a nuclear power plant be vested in a board of directors with additional powers and duties being delegated to an executive board.
(Enacted 5/14/81.)
Washington Public Power Supply System Nos. 4 and 5 S-3972.
Directs an independent study to be made on the feasibility of completion of the WPPSS #4&5, which are the least advanced in construction of the five WPPSS projects. The study will examine the cost ef fectiveness, need for financing of the plants, and will be conducted by Washington State University.
(Enacted 5/14/81.)
Energy Office S-4085. Assigns detailed duties and authorities to the State Energy Office.
Creates an advisory council to aid and advise its director.
(Enacted 5/18/81.)
Interstate Compact on Low-Level Radioactive Waste fianagement S-4182.
This bill's wording is similar to the Idaho Act, (Enacted 5/8/81.)
See H-447.
_______- l WISC0!lSIN Long-Term High-Level Waste Disposal A-555.
Specifies a procedure for coordination, negotiation and approval of agreements with the federal Department of Energy and other federal agencies and soecifies the role of the State in matters relating to long-tenn high-level waste disposal.
Creates the Radioactive Waste Review Board to serve as the lead agency on matters related to waste disposal.
The Board will review applications for federal funds, promote educational prograns, negotiate agreements, consult with technical councils during negotiations, and hold public hearings on proposed agreements. Agreements must include certain information such as criteria used in evaluating a site, requirements for reports, notification of field work, provisions for funding and a list of reasons for which the board may object to a site.
(Enacted 11/16/81.)
INITIATIVES TEXAS South Texas Nuclear Project. Authorizes the Austin City Council to sell the city's 16 percent share in the South Texas Nuclear Project.
As a result, the Council now has the option to sell Austin's shares in the South Texas Nuclear Project if a buyer can be found.
Each share is now valued at $250 million. Adopted at November 3,1981 election.
WASHINGTON Washington State Energy Financing Voter Approval Act, Initiative 394.
Will provide a mechanism for citizen review and approval of proposed financing for major public energy projects.
(qualified for ballot 7/29/81.) Adopted at November 3,1981 election.
RESOLUTIONS ADOPTED CALIFORNIA Food Irradiation by Picowave Processing HR-30.
Petitions the U.S. Food and Drug Administration to authorize immediate connercial use of Picowave processing.
Picowave processing irradiates food with gamma radiation.
It is an alternative to chemical fumigants. This type of processing offers extended shelf life for foods and an opportunity to put nuclear byproducts labeled waste to productive use.
(Adopted 9/3/81.)
HAWAII Interstate Compact on Low-level Radioactive Waste Management SCR-29.
Urges the governor to negotiate interstate compacts for the disposal of low-level radioactive waste with not only Weste n States but also any other State that may offer more favorable terms.
( Adopted 4/24/81.)
. HAWAII Cont'd Waste Disposal SCR-33.
Opposes all hazardous nuclear activity in the Pacific Ocean, incliiding but not limited to:
a) above-ground storage of spent fuel on any Pacific Island; b) storage of high-level or low-level nuclear waste in the Pacific Ocean, and c) underground, underwater or atmospheric testing of nuclear devices within the Pacific Basin by any nation.
(Adopted 3/18/81.)
KANSAS Siting SCR-1622.
Lists permit requirements for site applications for nuclear power plants. The applications must include such things as:
ca9 ital investment and anticipated amount of funds needed to finance the project, economic comparisons to other sites, power requirements for the electrical system, a general site description, approvals by other government agencies, geology and seismology data, and information on fuel to be used at the proposed facility.
(Adopted 4/14/81.)
LOUISIANA Nuclear Energy Production HCR-104.
Authorizes and directs the Joint I
11ouse and Senate Committee on Natural Resources to continue the study of nuclear energy production in the State.
(Adopted 7/10/81.)
Nuclear Energy Production SCR-172.
Authorizes the Committees on Natural Resources of the Senate and the House to continue their study on the need for nuclear power plants in the State.
The study will determine their effect on the health of the residents, whether they can be safely operated, and if they will be economical to electricity consumers in the S ta te.
(Adopted 7/12/81.)
MONTANA Inters tate Compact HJR-42.
Indicates procedures for the State in becoming a member of the Northwest Interstate Compact on Low-Level Radioactive Waste flanagement.
Montana nay become a party by Executive Order or action of the Governor on a temporary basis until final adjournment of the 48th session of the Montana Legislature or July 1,1983, whichever occurs first. The Compact is a means for Western States to provide for regional disposal facilities for low-level radioactive wastes.
The States of Washinoton and Idaho have already become members of the Compact.
(Adopted 4/15/81.)
. PEtitlSYLVAllIA Federal Impact Aid HR-6.
Petitions Congress to appropriate Federal impact aid through a sharing formula between the Federal government, the electric utility industry and the nuclear manufacturing industry to pay for replacement fuel costs due to the shutdown of the Three Mile Island plant and for the cleanup and repair of the damaged facility.
(Adopted 4/21/81.)
TEXAS Waste Management HCR-21. Directs the Texas Department of Health to suspend the licensing only of new commercial radioactive waste management sites until new legislation is passed.
Urges the issuance of new regulations relating to the processing or storage of radioactive waste.
(Adopted 3/4/81.)
UTAH Low-Level Waste Compacts HCR-12. Directs that Utah seek a regional solution to the problem of low-level radioactive waste.
(Adopted 5/12/81.)
VIRGIflIA Uranium flining HJR-324.
Requests the Mining and Mineral Resources and Research Institute of Virginia Polytechnic Institute and State University to study the possible need for regulation of certain aspects of uranium exploration, mining and milling. The study should iiiclude possible detriments to the health, safety and welfare of Virginia citizens which may result from these activities.
(Adopted 2/19/81.)
j UNITED STATES NUCLEAR REGULATORY CCMMISSION WASHINGTON. 0 C. 50555 l
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