Information report on state legislation

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Material Information

Title:
Information report on state legislation
Physical Description:
v. : ; 28 cm.
Language:
English
Creator:
U.S. Nuclear Regulatory Commission -- Office of State Programs
Publisher:
The Office
Place of Publication:
Washington, D.C.
Frequency:
monthly
regular

Subjects

Subjects / Keywords:
Nuclear power plants -- Law and legislation -- States -- Periodicals -- United States   ( lcsh )
Radioactive waste disposal -- Law and legislation -- States -- Periodicals -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
periodical   ( marcgt )

Notes

Statement of Responsibility:
Office of State Programs, U.S. Nuclear Regulatory Commission.
Dates or Sequential Designation:
-v.10, no. 7 (Dec. 1984)
General Note:
Monthly Catalog Number: gp 86003638
General Note:
Title from caption.
General Note:
"NUREG/BR-0025."
General Note:
Description based on: Vol. 9, no. 6 (July 1983)

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 028591988
oclc - 09875357
System ID:
AA00013016:00001


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NUREG/BR-0025
INFORMATION REPORT ON



State Le isolation
OFFICE OF STATE PROGRAMS
U. S. NUCLEAR REGULATORY COMMISSION

_Vnl. 9. No. 3 March 1982


All eligible States (except North Carolina) have introduced legislation
adopting the Southeast Low-Level Waste Compact. The States which have
introduced Compact Legislation reported in this issue are Alabama,
Florida, Georgia and Virginia. Note that the Southern States Energy
Compact (see Kentucky, S-104) is not a low-level waste compact, but a
coalition of several States interested in general energy.conservation
and policy development.
Six States have no regular sessions scheduled for 1982; Louisiana's 1982
session will not convene until April 19 and North Carolina's will not
convene until June 2.
A number of State and local governments have enacted bans on transportation
of radioactive material through their iurisdiction. DOT's routing rule
(HM-164) would have overridden these bans. On February 19, 1982, Judge
A.D. Sofaer enjoined DOT from enforcing the routing rule insofar as it
relates to the highway transportation of spent fuel and other larger
quantity shipments of radioactive materials through densely populated
areas such as New York City until it had studied the problems posed by
low-probability/high consequence occurrences.
NRC staff attended NGA's Annual Winter Meeting in Washington, February
21-23. On February 22, a meeting on Low-Level Waste Compacts was held
and one representative from each of the seven Compacts was present to
report the status and unique aspects of each Compact. A representative
from the House Commerce Committee was also present to offer some insiiaht
into the process of Congressional review which will occur after the
Compacts are submitted.


G. Wayn Kerr, Director
Office of State Proqrams -y .:,--'

Prepared by Mindy Smith Landau, OSP /
(301) 492-9880 /












Energy Offices


Florida S-875
Kentucky S-104
Kentucky S-174

Environmental Controls

Hawaii H-1998
Massachusetts S-896

Health Departments

Florida H-932*
Massachusetts S-473
Missouri H-1368*

High-Level Waste Management


Massachusetts S-344
Washington SJM-116


Legislative and Executive
Branch Activities


California S-1380


Public Utility Commission

Florida H-765
Kentucky S-171
Maine LD-1901
Maryland S-329
Massachusetts S-372
Massachusetts S-417
Ohio S-378
Vermont H-220
Washington S-4463
Washington H-1053
West Virginia H-1192
West Virginia H-1534

Radiation


Missouri H-1368*


Radioactive Waste, Handling
and Financial Management


Massachusetts S-8256
Mississippi S-2694


Transportation


Low-Level Waste Compacts

Alabama S-190, H-300
Florida S-849
Georgia H-1391
Virginia H-709

Low-Level Waste Management


Florida H-932*
Massachusetts S-944
New York A-9482
Virginia S-85

Uranium Mining and Milling


Virginia S-338
Virginia H-583

General

California A-2292
Kansas S-610
Washington H-975


Maryland S-31

Power Plants


New York S-45-A
South Dakota H-1172
South Dakota H-1248

Power Plant Siting

Minnesota S-1584
South Dakota H-1292


*Bill appears in more than one category



































Digitized by the Internet Archive
in 2012 with funding from
University of Florida, George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation


http://archive.org/details/infoator83usnu









FLORIDA Cont'd -2-

Energy Data Center S-875. Relates to the creation and duties of the
Energy Data Center, petroleum allocation, and energy emergency con-
tingency plan duties of the Executive Office of the Governor. (Introduced
2/1/82.)

Transportation of Waste H-932. Describes placarding, packaging &
handling requirements of radioactive waste in-transit. Directs the
Department of Health and Rehabilitative Services to designate routes to.
be used for waste shipments. Provides for notification of radioactive
shipments to the Department. (Introduced 1/22/82.)


GEORGIA

Southeast Interstate Low-Level Radioactive Waste Management Compact H-1391.
This bill is similar in wording to Alabama, S-190. (Introduced 1/22/82.)


HAWAII

Hazardous Substances H-1998. Requires reports submitted to the Department
of Health on discharges of hazardous substances to be made available for
public inspection. Describes and amends procedures for applications to
discharge, import and store hazardous substances. (Introduced 1/28/82.)


KANSAS

Municipal Energy Agency S-610. Concerns membership and withdrawal
procedures of a municipal energy agency. A city may become a member or
withdraw as a member if consented to by resolution of the governing
bodies of not less than 2/3 of the existing member cities. (Introduced
1/27/82.)


KENTUCKY

Soutnern States Energy Compact S-104. Changes the names of the Southern
Interstate Nuclear Compact and the Southern Interstate Nuclear Board to
zhe Southern States Energy Compact and the Southern States Energy Board.
Would establish Kentucky as a participant in the above Compact. Describes
membership requirements and procedures. Among the Compact's duties are:

K' Encouracing development and conservation of energy-related products
and facilities;
2' Collectina and disseminating information on energy materials and
products;
3' Cooperatinc in training programs;
L Recommendino chances in the regulations of the Party States In any
lield o' their interest.








INTRODUCED LEGISLATION


ALABAMA

Southeast Interstate Low-Level Radioactive Waste Compact S-190, H-300.
Would create the above Compact for the management of low-level waste on
a regional basis. The Compact would limit the number of facilities
needed to manage the waste, encourage reduction in generation of waste,
distribute the costs, benefits and obligations of waste management
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 and
Tennessee. (Introduced 1/19/82.)


CALIFORNIA

State Energy Resources Conservation and Development Commission S-1380.
Revises the Commission's functions relative to administration of energy
resources in the State. The Commission is required to perform numerous
functions, including forecasting of electrical energy supply and demand,
establishing energy resources conservation procedures certifying power
plants and related facilities, administering energy conservation assistance
programs, and planning for energy shortage contingencies. (Introduced
1/25/82.)

Picowave Processing A-2292. Amends previous bill and appropriates
$250,727 from the State Energy Resources Conservation and Development
Special Account in the general fund, to allow the Department of Food and
Agriculture to engage in studies on picowave processing. (Introduced
8/27/81.)


FLORIDA

Public Utilities H-765. Allows electric utilities to exercise all
powers in connection with the sale and issuance of bonds. Relates
valuation of electric utility property subject to eminent domain.
Describes other issues relating-to joint operating agencies. (Introduced
1/20/82.)

Southeast Interstate Low-Level Radioactive Waste Compact S-849. This
bill is similar in wording to Alabama, S-190. (Introduced 1/29/82.)










KENTUCKY Cont'd

Eligible parties to the Compact are: Alabama, Arkansas, Delaware,
Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North
Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West
Virginia, Puerto Rico and the Virgin Islands. (Introduced 1/21/82.)

Public Utilities S-171. Combines the energy and utility regulatory
commissions into a single commission and re-establishes the "Public
Service Commission." (Introduced 1/28/82.)

Enrergy Bureaus S-174. Reorganizes the Department of Energy into three
bureaus. Establishes a Bureau of Energy Research and Development, a
Bureau of Energy Production and Utilization and a Bureau of Energy
Conservation and Distribution. Their duties, respectively, are:

1) Conducting and coordinating energy research and development activities
concerning coal, fossil fuels, organic fuels, and other renewable
energy resources;
2) Insuring the increased production of fossil fuels and expanded use
of domestic energy sources;
3) Conducting research on the impact of current and future energy
supply and demand; performing research on transportation and other
areas of fossil fuel production; conducting energy audits of educational
facilities & implementing State energy conservation plans. (Introduced
1/28/82.)

VMAINF:

Public Utilities Commission LD-1901. Broadens the prior approval
authority of the PUC to include electric utility proposals for the
purchase of ownership interests in generating plants and transmission
lines located outside of the State, and the purchase of energy from
outside the State. Only those proposals in excess of 1000 kilowatts
(100 kilovolts for transmission lines) continuing for more than three
years are affected. Also authorizes the PUC to charge the utility for
the costs incurred in preparing prior approval orders. (Introduced
1/28/82.)


MARYLAND

Illegal Disposal of Waste S-31. Amends the previous bill which changes
the offense for the illegal disposal of hazardous substances or low-
level nuclear waste from a misdemeanor to a felony. This bill alters
penalties for commission of the offense. The January 26 amendment
raises the maximum fine from $25,000 to $100,000 and increases confinement
from three to five years. (Introduced 1/13/82.)









-4-


MARYLAND Cont'd

Environmental Surcharge S-329. Alters the maximum surcharge that may be
imposed by the Public Utilities Commission, per kilowatt hour of energy
generated in the State. Relates to the environmental surcharge under
the Power Plant Siting and Research Program. (Introduced 1/15/82.)


MASSACHUSETTS

Storage of 'Waste Material S-344. Prohibits the construction of any
facility for the deposit, storage or disposal of spent fuel or other
high-level radioactive waste unless the legislature approves it.
(Introduced 1/6/82.)

Construction Charges S-372. Prohibits Boston Edison or any other electric
or gas utility from passing on to consumers the charges incurred in the
planning, investigation and/or preparation for construction of the
Pilgrim II nuclear plant. (Introduced 1/6/82.)

Citizen Utility Board S-417. Would establish a non-profit corporation
to assure adequate representation and protection of consumer interests
in utility affairs, and provide for consumer control of the corporation.
The Board may intervene in any utility proceeding which involves the
review or enforcement of that utility. The Board may also assist in
research, studies and surveys concerning the interests of residential
utility consumers in matters relating to public utilities. (Introduced
1/6/82.)

Regulation of Health Professions S-473. Establishes the Division of
Registration, Licensure, Regulation and Professional Standards of
Health Professions and Occupations. The Division would be empowered to
register, license, regulate and insure the maintenance of professional
standards of health occupations, including radiologic technology and
radiation therapy technology. (Introduced 1/6/82.)

Waste Discosal S-826. Allows nuclear power plants to be permitted land
use and to Le constructed only upon certification by the Commissioner of
Public Health. Public hearings must certify that radioactive wastes
from the plants can be stored with no reasonable chance of escape into
the environment. (Introduced 1/6/82.)

Thermal Pollution S-896. Anyone contaminating the State's waters with
thermal pollution will be liable for all costs incurred for the water's
restoration to its previous water quality classification. (Introduced
1/6/82.)











MASSACHUSETTS Cont'd

Transportation S-944. Prohibits the transport of any radioactive
material through any city or town whose legislature has restricted such
action. The legislative body of the city or town may prescribe certain
conditions for transportation of such material. (Introduced 1/6/82.)


MINNESOTA

Siting S-1584. Transfers the powers and duties in the administration of
the Power Plant Siting Act to the Commissioner of the Department of
Energy. The duties were formally carried out by the Minnesota Environ-
mental Quality Board. (Introduced 1/25/82.)


MISSISSIPPI

Waste Disposal S-2694. Establishes certain restrictions on the location
of permanent repositories for the disposal of radioactive waste in the
State. Would require repositories to be located on land that, before
October 14, 1981:

(a) is owned by the Federal Government and
(b) is used as a site for the storage of any radioactive waste or is
used as a site for any explosion of a nuclear weapon or nuclear
weapon test device.
No sites will be allowed in densely populated areas. (Introduced 1/20/82.)


MISSOURI

Radiation Protection Act H-1368. Empowers the Division of Health of the
Department of Social Services to administer a Statewide radiation
protection program. The program would include determinations and reductions
of radiation hazards, the development of a data management system to
maintain information on radiation users, establishment of rules and
regulations for decontamination and disposal, etc. The bill also proposes
to enter into an agreement with the NRC allowing the Division to license
persons utilizing certain radioactive materials. (Introduced 1/6/82.)
(Similar to H-911, published in the last issue).


NEW YORK

Nuclear Responsibility Act S-45-A. Requires certain documentation to be
presented to the citizens assuring the reliability and safety of certain
components of nuclear power plants before they may be constructed.
These components include:











NEW YORK Cont'd

1. Emergency core cooling systems;
2. Permanent storage for radioactive waste;
3. Proof that liability limits imposed by the Federal government have
been waived or removed and full compensation assured to citizens in
the event of damages;
4. Detailed warning and evacuation proposals. (Amended)
(Introduced 1/11/82.)

Transportation A-9482. Amends present law by allowing the Commissioner
of Transportation to make regulations concerning the transportation of
radioactive materials by motor vehicles without regard to the vehicle's
size or weight limitations, unless the vehicle's size poses special
hazards to the public. (Introduced 1/19/82.)


OHIO

Regulation of Public Utilities S-378. Amendments to the regulations
include: prohibiting former Commissioners and attorney examiners from
representing a utility before any State board for a period of two years
after leaving the PUC, deleting language placing restrictions on charitable
contributions by utilities, and requiring at least one Commissioner to
sit in on hearings of rate cases involving more than $20 million.
(Introduced 6/16/81.)


SOUTH DAKOTA

Construction Permits H-1172. Requires a notification of intent to apply
for a permit for construction of a transmission facility to be filed
with the Public Utilities Commission at least three months before filing
an application. (Introduced 1/15/82.)

Construction Requirements H-1248. Requires utilities to apply for a
certificate of public convenience and necessity at least six months
prior to constructing a transmission facility. (Introduced 1/8/82.).

Siting H-1292. Requires the siting of a transmission facility along
section or quarter-section lines. (Introduced 1/18/82.)


VERMONT

Energy Conservation H-220. Through the establishment of rates of
return, tolls, charges and schedules, encourages the implementation by
electric and gas utilities of energy-efficiency and load management
measures which will be cost-effective for the utilities and their
customers on a life cycle cost basis. (Introduced 1/22/81.)








-7-


VIRGINIA

Transportation S-85. Requires any vehicles used in the transport of
radioactive materials to be equipped with steering stabilizers.
(Introduced 1/15/82.)

Virginia Mining Tax Act S-338. Provides for the imposition of license
or privilege taxes on certain persons severing or extracting oil, gas,
uranium and coal. Provides penalties for delinquency of payments.
(Introduced 1/29/82.)

Uranium Mining & Hilling H-583. Would make it unlawful to explore for,
mine or mill uranium prior to July 1, 1983. (Introduced 1/28/82.)

Southeast Interstate Low-Level Radioactive Waste Management Compact
H-709. This bill is similar in wording to Alabama, S-190. (Introduced
1/29/82.)


WASHINGTON

Energy Facilities H-975. Requires applications for energy facilities to
contain economic analyses comparing the costs of all alternatives to the
facility and other similar facilities on which construction has been
deferred or terminated. (Introduced 1/21/82.)

Operating Agencies H-1053. Requires that any items of the same kind of
materials or supplies purchased by a joint operating agency constructing
electrical facilities, the cost of which is in excess of five thousand
dollars, be by contract. (Introduced 1/29/82.)

Jcint Operating Agencies S-4463. Grants joint operating agencies all
powers given to public utility districts. Places restrictions on such
agencies, details rate procedures and allows contracts to be entered
into. (Introduced 1/20/82.)


WEST VIRGINIA

Public Service Commission H-1192. Relates to composition, qualifications
and disqualifications of Public Service Commissioners and provides for
their election under staggered terms of two, four and six years beginning
in the 1982 election. (Introduced 1/15/82.)

Public Service Commission H-1534. Reorganizes the PSC into two agencies.
The Utility Regulatory Agency will take over the present Public Service
Commission's functions with respect to public utilities and gas oineline
safety. The new Public Service Commission will assume the motor carrier
functions o' the onesent PSC. Describes membership requirements and
rate chancing procedures of each. (Introduced 2/1/82.)




UNIVERSITY OF FLORIDA

3 1262 0 332 29 4


-8-


INTRODUCED RESOLUTIONS

TENNESSEE

Clinch River Breeder Reactor SJR-205. Would adopt as the official State
Policy, the position that the CRBR project should be completed as quickly
as possible, and that site preparation should commence without further
delay. (Introduced 1/25/82.)


WASHINGTON

High-Level Waste SJM-116. Requests Congress to place emphasis on the
following with regard to high-level waste:

1) assure full State participation & approval in the hiqh-level
waste federal depository site selection criteria,
2) permit civilian nuclear plant owners and operators to expand
their on-site spent fuel storage capacity rather than requiring
away-from-reactor (AFR) storage for high-level waste,
3) proceed on the federal level with the concept of regional disposal
sites,
4) provide the necessary fiscal resources for State & local governments
to become meaningful participants in the federal decision-making
process. (Introduced 1/19/82.)




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