ML20052E377

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Information Report on State Legislation
ML20052E377
Person / Time
Issue date: 05/31/1982
From: Kerr G
NRC OFFICE OF STATE PROGRAMS (OSP)
To:
References
NUREG-BR-0025, NUREG-BR-0025-V08-N5, NUREG-BR-25, NUREG-BR-25-V8-N5, NUDOCS 8205110067
Download: ML20052E377 (13)


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NUREG/BR-0025 INFORMATION REPORT ON

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M,.....,State Legislation f

OFFICE OF STATE PROGRAMS U. S. NUCLEAR REGULATORY COMMISSION Vol A Nn 5 May 1982 The f4RC held a meeting with the State Liaison Officers (SLO's) of Region V,

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in Walnut Creek, California, March 31-April 1.

SLO's are Governor-appointed State representatives, who keep the States abreast of the f4RC regulatory program from a national perspective, and serve as points of contact to the f4RC on a wide range of issues involving nuclear energy.

Originally,

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the SLO program was developed to improve Federal / State cooperation, particularly where active or imminent licensigg reviews or siting issues 'on nuclear facilities were concerned.

To date, the pi ogram has expanded to include such issues as I

waste management, emergency preparedness, decommissioning and enforcement policy.

Topics of discussion at the Region V meeting included emergency preparedness, high and low level radioactive waste, transportation, the Agreement State l

program, and f4RC's regionalization. All States attended except for fievada, I

whose representative was prevented from attending due to inclenient weather.

Legislative activity has been slower in 1982, as is usually the case in even-l numbered years.

The States whose legislative sessions have already adjourned are Florida, Georgia, Idaho, Indiana, Minnesota, flew Mexico, South Dakota, Utah, Virginia (not carried over to 1983), West Virginia and Wyoming.

W G. Wayne, err, Director Office of State Programs Prepared by Mindy S. Landau, OSP 492-9880 8205110067 820S31 PDR NUREG DR-0025 R PDR

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N Energy Offices Decommissioning 5

F)orida S-741

" Maine LD-2030 l

'i Florida ~ H-1046 i

4 Hawaii H-2973 Nigh-level Waste Kansas SR-1660 l

t Massachusett:; H-4106 Kansas H-2935 Vermont H-708 Kansas H-2967 Massachusetts H-3119 Power Plant Siting Massachusetts H-4100 o

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Arizona S-1334 Washington HJM-23 a

Massachusetts H-4998 Low-Level Waste 2

Minnesota S-1948 Washington H-912 Kansas H-2810 Maryland S-743*

Saf eguard s Maryland S-748 i

Maryland S-810*

California 5-1473 Maryland S-1066 Connecticut H-5678 Maryland H-1507 i

4' New Jersey S-537

'i-Massachusetts H-3222 New Jersey S-690 i

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Legislative & Executive Branch j

fublic Utility Commission Activities

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Connecticut H-5185 Maryland S-743*

Massachusetts H-5125 Maryland S-810*

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Washington SCR-140*

Po' er Plants w

Low-Level Waste Compacts Connecticut 5-311

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MaineLpl939 Tennessee S-2193

,/ ' Massachusetts H-3120 Massachusetts H-2784 Radiation e 4 New Hampshire H-36 Pennsylvania HR-166 Maryland H-432 i

N Tennessee SJR-223 Massachusetts H-2463 1

Washington H-1212 Ohio H-860 Tra nsporta tion Radioactive Waste, Handling and i

Financial Management Florida H-932 Florida S-751,' S-540 California SJR-27 Massachusetts H-3231 Hawaii HCR.53 Massachusetts H-3233 Massachusetts H-2782 Mississippi S-2707 Minnesota H-1934 Washington SCR-140*-

i Emergency Preparedness

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Environmental Controls (O.

l-Florida H-1033

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New Jersey.5-281 Massachusetts H-2783

. Vermont H-720-t

  • Bill appears in.more than' one category,

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. -.., O Uranium Mining Minnesota 5-1219 Insurance New Jersey S-56 New Jersey S-130 New Jersey S-353 General i

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INTRODUCED LEGISLATIOff ARIZONA Power Plant Siting S-1334. Establishes a Power Diant and Transmission a

Line Siting Committee. The Committee will establish the procedures necessary for expeditious review of proposed siting plans, will conduct hearings, and will establish plans for timely decisions regarding the issuance of a certificate of environmental compatibility for the proposed site. Details membership of the committee.

(Introduced 2/9/82.)

CALIFORNIA Power Plant Demonstrations S-1473 Would reimburse local agencies for certain costs incurred by them to meet the added burdens of providing law enforcement protection under extraordinary cicumstances caused by demonstrations at nuclear power plants during the first half of fiscal year 1981-82. (Introduced 2/12/82.)

CONNECTICUT Millstone III S-311.

Requires electric companies owning portions of Millstone III to be more accountable for cost overruns and provides an incentive to such companies to minimize costs. Electric companies would g'

receive a lower rate of return on their investments if the final cost exceeds their initial estimate.

(Introduced 2/23/82.)

Three liile Island S-313.

Prohibits any subsidization of the Three Mile Island clean-up by Connecticut ratepayers.

(Introduced 2/23/82.)

Public Utilities H 5185. Would terminate the Public Utilities Control Authority and the nepartment of Public Utility Control.

(Introduced 2/12/82.)

o lice personnel to serve Police Protection H-5678. Would require State o

24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> a day at all nuclear power plants in the State. All NRC licensees operating such facilities in the State would be charged for expenses of the force. The Public Utility Department will pass on these expenses to their ratepayers.

(Introduced 2/25/82.)

i FLORIDA Energy Data Center S-741_.

Creates an energy data center in the Department of Veteran and Ccmmunity Affairs with duties to collect data on the extraction, production, transportation and sale of energy resources in the State in an efficient and expeditious manner. State and county

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municipal. agencies will submit any information to the center upon

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FLORIDA Cent'd Transportation 5-7F.1, S-540.

Details shipping, inspection and notification procedures for shipments of radioactive materials.

(Introduced 1/28/82.)

Transportation H-932. Amends previous bill by omitting placarding requirements of hazardous materials and affirming the right of the Department of Transportation and the Department of Highway Safety and Motor Vehicles to enforce the rules of other State agencies regarding placarding. Allows the Department to designate routes for shipments, nescribes and to make rules at least as restrictive as NRC regulations, notification and inspection procedures for shipments.

(Introduced 1/22/82.)

Emergency Preparedness _ H-1033.

Establishes a means by which emergency response plans can be developed and tested by the State and each nuclear reactor operator l'. censed by the NP,C.

No department or agency of the State will be responsible for the funding of any activity relating to development or implementation of the plans.

(Introduced 2/11/82.)

Department of Veteran & Community Affairs H-1046. Transfers all powers and duties in the Covernor's office whi.h relate to the planning and development of energy resources to the Department of Veteran and Community Affairs and the Division of Energy. The Division will analyze energy programs, coordinate efforts to seek support for State energy activities and prepare long-range forecasts of energy demands.

(Introduced 2/11/82.)

HAllAI T Energy Trust Fund H-2973. Creates the State Energy Trust Fund and a trust fund tax to help finance the research, development and demonstration of alternate energy sources in Hawaii. The State's aim is to be energy self-sufficient by the year 2020 so as to reduce its dependency on outside sources of energy. (Introduced 2/17/82.)

KANSAS Low-Level Llaste H-2810. Establishes an Advisory Board on Low-Level Radioactive Waste. The Board will advise the State's representative to the Central Interstate Low-level P.adioactive Waste Commission on technical and policy matters.

(Note: The State has not yet adopted the Compact.)

(Introduced 2/2/82.)

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V KANSAS Cont'd High-Level Waste H 2935. Prohibits disposal of high-level waste in bedded salt formations within the State.

(Introduced 2/10/82.)

i Licensing Prohibition H-2967. Prohibits the licensing of nuclear power l

plants until demonstrated technology exists for disposal of high-level waste. (Introduced 2/10/82.)

fiAINE Nuclear Fission Control Act LD-1989. Would prohibit the operation of nuclear fission thermal power plants in the State after November 2, 1987. (Note: This is an initiated bill [ Initiative 2] which qualified for ballot, fiaine law requires that qualified initiated bills be considered by the legislature and if adopted, become law.

If they fail in the legislature they are placed on the ballot and voted upon).

(Introduced 2/18/82.)

Decommissioning LD-2030.

Ensures funding for the eventual decommissioning of and spent fuel disposal at any nuclear power plant. (Introduced 2/24/82.)

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\\V 11ARYLAND Radiation Control-Remedies H-432.

Establishes a $5,000 fine (amending the previous penalty of $10,000) for violations of the Radiation Control r

Act.

(Introduced 2/24/82.)

Hazardous Substance and Low-Level Nuclear Waste Advisory Council S-743.

Alters the membership of the above Council, to include five members from the hazardous and nuclear waste industries. These five members would be appointed by the Governor with the advice of the Secretary. (Introduced 2/11/82.)

Siting of Low-Level Waste S-748.

Provides that the issuance of a certificate of public necessity for the siting of a low-level waste(Introduced facility)does not exempt the site from local zoning regulations.

2/11/82.

Low-Level Waste S-810. Allows health A safety standards to be set for the siting of a low-level waste facility, and provisions made for the classification of low-level nuclear wastes by radionuclide content and level'of radioactivity for differant storage or disposal procedures.

s Establishes a " Controlled Hazardous Substance Advisory Council" to assist in developing regulations regarding management and disposal of low-level waste. Also establishes a State Hazardous Substance Control j

Fund for emergency removal of the effects of any dangerous substance and t,-

a-f1ARYLAND Cont'd O1 for activities related to control or monitoring of hazardous waste disposal. Allows the Governor to negotiate an interstate compact for low-level waste disposal.

Details requirements for siting and management of low-level waste facilities. (Introduced ?/12/8?.)

Low-Level Waste Siting S-1066. Provides that the issuance of a certificate of public necessity for the siting of a low-level waste repository in Calvert County does not exenpt the site, or operation and transportation of waste on the site from complying with local zoning regulations.

(Introduced 2/26/82.)

Hazardous Waste Siting Board H-1507. Provides that the issuance of a certificate of public necessity for the siting of low-level waste does not cxempt a site from complying with local zoning regulations, laws or ordinances.

(Introduced 2/1?/82.)

ftASSACH'JSETTS Hazardous substance Fonitoring 51-2463. Authorizes local boards of Health, fire departments and citizens to monitor hazardous substances, including radioactive materials.

Citizens who use or handle hazardous materials in the course of their work duties, or who are exposed to such substances in the event of an accident must provide Toxic Chemical Disclosure Forms each year to local boards of health or fire departments.

The forms list chemicals that workers, residents or city fire personnel may be exposed to in their workplace or during an accident.

(Introduced 1/6/82.)

Tort Actions H-2642. Actions for personal injury torts or for death arising from exposure to radioactive waste shall be commenced within three years after the effects of the injury were discovered. (Introduced 1/6/82.)

Siting H 2782. Requires that the General Court (the Massachusetts legislature) be notified before any investigation of potential sites for radioactive waste storage repositories is conducted.

(Introduced 1/6/82.)

Monitoring Muclear Activities H-2783. Allows the monitoring of transportation, storage, use and release of nuclear materials, whether irradiated or not, as they pertain to power reactors and processing facilities.

fionitoring stations will form a network to judg(e the movement, dispersal and reconcentration of radioactive materials.

Introduced 1/6/82.)

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t MASSACHUSETTS Cont'd Moratorium H-2784. Mandates a moratorium on nuclear power plant construction until a safe method for the permanent disposal of radioactive waste is r

i developed, tested and fully licensed.

(Introduced 1/6/82.)

High-Level Haste H-3119. Prohibits the construction of any facility for the storage or disposal of spent fuel or high-level waste. (Introduced 1/6/82.)

Power-Plants H-3120. Permits nuclear power plants to be built cnly if full compensation is permitted for any person or business suffering economic loss or personal injury in the event of an accident.

(Introduced 1/6/82.)

Low-Level Waste H-3222. Prohibits the establishment of low-level waste repositories in the State.

(Introduced 1/6/82.)

Transportation H-3231. Prohibits the transportation of radioactive material through any city or town if their legislative bodies heve restricted such action. (Introduced 1/6/82.)

Transportation H-3233. No person may transport radioactive material through any town unless:

(a) the legislative body of the town approves it; V

(b) the Department of Public Health certifies safety standards have been met.

The Department has the option to order route changes or schedule travel in order to avoid weather or traffic conditions, etc.

(Introduced 1/6/82.)

Storage of High-Level Waste H-4100. Prohibits construction of facilities for disposal of high-level waste unless the General Court approves it.

(Introduced 1/6/82.)

Energy Siting Council H-4106. Makes the Energy Facilities Siting Coancil an independent agency, increases the effectiveness of the Council, and provides a lead agency for licensing major energy facilities in the State. (Introduced 1/6/82.)

q Construction Costs H-4908.

Prohibits the costs involved in the.plannino and construction of unfinished nuclear power facilities from being passed on to electricity consumers. (Introduced 1/6/82.)

Property Tax Revenues H-5125. Redistributes property tax revenues paid by a nuclear power plant.

Requires public utilities owning nuclear plants to pay an excise tax to the State. Provides a formula for computing the tax.

(Introduced 1/6/82.)

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f11tdES0TA Uranium Development S-1219. Would regulate uranium development in the State by studying safety impacts of such development, and by creating a State policy outlining anplicable laws and regulations.

(Carried over to 1982.)

(Introduced 4/6/81.)

4 Hazardous Wa_ste Siting H-1934. The Commissioner of Administration may be directed to acquire water, air and development rights for sites and buffer areas surrounding sites for hazardous waste facilities approved by the Waste f!anagement Board. Establishes a resource recovery revolving account consisting of funds appropriated by the State.

Places a moratorium on waste disposal sites until approved by the Waste Management Board.

(Introduced 2/8/82.)

Hennepin County Park S-1948. Allows the Hennepin County Park Reserve District to participate in the construction and operation of hydroelectric transmission facilities in connection with dams owned or controlled by i

the District.

(Introduced 2/11/82.)

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MISSISSIPPI "P,adioactive Materials Transportation Act" S-2707. A committee substitute for the original bill, this bill establishes a permit and fee system for regulation of the transportation of radioactive materials to be administered by the Emergency !!anagement Agency. Provides for emergency response procedures to be followed in response to any incidents.

(Introduced 1/20/82.)

NEW HAMPS!! IRE Seabrook H 36.

Requires the Public Utilities Commission to have an Tiidependent risk analysis study and a separate economic analysis study conducted for the Seabrook nuclear power plant.

(Introduced 1/27/82.)

NEW JERSEY "itunicipal Electric Power Authority Act" S-56.

Authorizes municipalities to establish electric power authorities for the purpose of providing an adequate, reliable and economic electric power supply through the construction, financing and maintenance of electric power supply facilities. Encourages the purchase and resale of electric power and provides for the issuance of bonds. (Introduced 1/12/82.)

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' NEW JERSEY Cont'd Tax Exemptions S-130 Exempts from taxation that portion of a taxpayer's gross receipts directly attributable to an increase in utility rates based on the cost of purchasing replacement power lost by the unscheduled shutdown _of a nuclear power plant.

(Introduced 1/12/82.)

Emergency Planning S-281_.

Prohibits the operation of any new nuclear power plants until Statewide evacuation plans have been adopted by the State and certified by the NRC.

(Introduced 1/12/82.)

" Nuclear Accident Fault Determination Act" S-353.

Prohibits any utility _

whose actions or onissions have contributed to an accident at a nuclear plant in which it has a financial interest from recovering repair costs from its ratepayers. (Introduced 1/12/82.)

Sabotage S-537.

Persons who knowingly destroy or damage a facility, equipment or material belonging to a public utility, threatening release t

of radioactivity, may be sentenced to a term of 5 to 10 years of imprisonment.

Where the damage results in death of another individual due to exposure, the imprisonment term may be extended to 20 years to life.

(Introduced 2/1/82.)

Supplement to the " Radiation Protection Act" S-690 Prior to issuance of a certificate of handling, the transporter of certain radioactive materials to or from a nuclear power plant will notify police at least l

V 30 minutes in advance, whenever the !..ipment is to be left unattended for any reason. (Introduced 2/1/82.)

OHIO Radiation Standards H-860. Allows the Public Pealth Council to establish standards designed to identify, prohibit and prevent improper radiation exposure by radiation handlers or licensed practitioncrs.

(Introduced 2/16/82.)

i SOUTH CAROLINA Southeast Interstate Low-Level Radioactive Waste Compact H-3590 Would make the State a member of the above Compact; would limit the number of facilities needed to manage waste, encourage reduction in generation of 7

waste, distribute the' costs, benefit: and obligations of waste management i

equitably among the party States, and ensure the ecological management of low-level waste. Eligible States to the Compact are: Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina a Tennessee.

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l i j TENNESSEE Southeast Interstate Low-Level Radioactive Waste Compact 5-2193. This bill is similar to South Carolina, H-3590.

(Introduced 2/15/82.)

VERT 10NT Energy Forecasts H 708. Establishes and implements a State energy policy and requires the Department of Public Service to conduct an s

ongoing study of Vermont's energy future.

(Introduced 2/16/82.)

Emergency Preparedness H-720.

Requires the preparation of an emergency

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operating nuclear reactors. The plan will be drafted and maintained by the Office of Civil Defense. Establishes a fund (Vermont Radiological Emergency Response Plan Fund) which requires payment from nuclear reactors for this purpose. (Introduced 3/1/82.)

WASHINGTON Energy Facil_ity Site Evaluation Council H-912.

Directs the Council to establish limitations on time available at public hearings to applicants for energy facility siting. Gives the Council preemptory power to authorize the securing of necessary information for recording purposes.

Requires application materials to be submitted in the form of environmental impact statements, pursuant to requirements. (Amendment)

(Introduced 2/22/82.)

Termination of WNP-4 and WNP-5 H-1212. Requires the adoption of electrical rate structures which exempt the initial block of electricity consumed by residential consumers and the secondary block of electricity consumed by qualifying customers from rate increases resulting from the costs of construction and termination of WNP-4 and WNP-5.

(Introduced 2/26/82.)

INTRODUCED RESOLUTIONS CALIFORNIA California SJR-27. Arrended to request Congress and the President to ban all radioactive waste disposal on offshore California. The measure would propose an international treaty to prohibit disposal of radioactive weste in the Pacific Ocean. (Carried over to 1982)

(Introduced 9/10/81.)

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_g-(x HAWAII Hawaii HCR-53. Requests that Congress report its response to HR-40, adopted during the 1980 legislative session, which requests that alternatives to the storage or disposal of spent fuel in the Pacific Basin be reconsidered.

g (Introduced 2/8/82.)

-KANSAS Kansas SR-1850 Disapproves Executive Reorganization Order No.19 which relates to the abolishment of the Kansas Energy Office.

(Introduced 3/1/82.)

PENNSYU!A.1IA Funding for TMI-2 HR-166. Urges the PUC to reconsider its decisions reaarding the joint petition for a settlement on the partial funding of TMI-2 clean-up operations by Pennylvania ratepaycrs, approved January 8, 1982. The three part rate fluctuation schedule resulting from the petition would be based in part on the timely restart of reactor number one. The Resolution expresses doubt as to the expeditious restart of

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Unit One due to the judicially mandated psychological impact study and

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the recent discovery of its defective cooling pipelines. (Introduced 2/24/02.)

TENNESSEE Tennessee SJR-223.

Urges the Tennessee Valley Authority to continue construction on the nuclear plant at Hartsville.

(Introduced 2/15/82.)

WASHINGTON Washington HJM-23.

Urges Congress and the Administration to place emphasis with respect to national policy on the following area::

(1) Assuring full State participation in the federal decision-making process of a high-level waste repository site by including ~ the State Legislature and the Executive for joint determination of concurrence in any proposed federal action; (2) Permitting nuclear plant owners to expand their on-site spent fuel storage capacity rather than requiring away-from-reactor ( AFR) storage;

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WASHINGTON Cont'd (3) Proceeding (on the federal level) with a regional high-level waste disposal concept similar to the federal Low-Level Radioactive Waste Policy Act (P.L.96-573) of 1980; and (4) Providing the necessary fiscal resources for States to become meaningful participants in the federal decision-making process concerning waste disposal. (Introduced 2/9/8P.)

Radioactive Waste Committee SCR-140. Requests that a Joint Select Committee on Radioactive Waste be established to respond to Federal proposals, to evaluate alternatives available to Washington State in the establishment of a national system of radioactive waste repositories, and to cor. sider other matters related to the management of high and low-level waste.

(Introduced 2/3/82.)

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UNITED STATES NUCLE AR REGULATORY COMMISSION WASHINGTON, D. C. 20555 120555078877 1 ANCLCOC4 US NRC ADM DIV 0F TIDC POLICY C PUBLICATIONS MGT BR it PDR NUREG COPY LA 212 WASHINGTON DC 20555 I

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