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:
AA00013016:00003


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A, M 9,EG/qR-0025
INFORMATION REPORT ON



I State LegiE tion
OFFICE OF STATE PROGRAMS
U. S. NUCLEAR REGULATORY COMMISSION

,,, Vnal R Nn. 5 May 1982


The NRC held a meeting with the State Liaison Officers (SLO's) of Region V,
in Walnut Creek, California, March 31-April 1. SLO's are Governor-appointed
State representatives, who keep the States abreast of the NRC regulatory
program from a national perspective, and serve as points of contact to
the NRC on a wide range of issues involving nuclear energy. Originally,
the SLO program was developed to improve Federal/State cooperation, particularly
where active or imminent licensing reviews or siting issues on nuclear facilities
were concerned. To date, the program has expanded to include such issues as
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
program, and NRC's regionalization. All States attended except for Nevada,
whose representative was prevented from attending due to inclement weather.
Legislative activity has been slower in 1982, as is usually the case in even-
numbered years. The States whose legislative sessions have already adjourned
are Florida, Georgia, Idaho, Indiana, Minnesota, New Mexico, South Dakota,
Utah, Virginia (not carried over to 1983), West Virginia and Wyoming.



G. Wayne Krr, Director
Office of State Programs
Prepared by Mindy S. Landau, OSP
492-9880


* <

































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/infor82usnu










Decommissioning


Florida S-741
Florida H-1046
Hawaii H-2973
Kansas SR-1850
Massachusetts H-4106
Vermont H-708

Power Plant Siting

Arizona S-1334
Massachusetts H-4998
Minnesota S-1948
Washington H-912

Safeguards

California S-1473
Connecticut H-5678
New Jersey S-537
New Jersey S-690

Public Utility Commission

Connecticut H-5185
Massachusetts H-5125


Power Plants


Connecticut S-311
Connecticut S-313
Maine LD-1989
Massachusetts H-3120
Massachusetts H-2784
New Hampshire H-36
Pennsylvania HR-166
Tennessee SJR-223
Washington H-1212


Transportation


Florida H-932
Florida S-751, S-540
Massachusetts H-3231
Massachusetts H-3233
Mississippi S-2707

Emergency Preparedness


Florida H-1033
New Jersey S-281
Vermont H-720


Maine LD-2030

High-Level Waste

Kansas H-2935
Kansas H-2967
Massachusetts H-3119
Massachusetts H-4100
Washington HJM-23.

Low-Level Waste

Kansas H-2810
Maryland S-743*
Maryland S-748
Maryland S-810*
Maryland S-1066
Maryland H-1507
Massachusetts H-3222

Legislative & Executive Branch
Activities


Maryland S-743*
Maryland S-810*
Washington SCR-140*


Low-Level Waste Compacts

South Carolina H-3590
Tennessee S-2193

Radiation

Maryland H-432
Massachusetts H-2463
Ohio H-860


Radioactive Waste, Handling and
Financial Management


California SJR-27
Hawaii HCR-53
Massachusetts H-2782
Minnesota H-1934
Washington SCR-140*

Environmental Controls

Massachusetts H-2783


*Bill appears in more than one category.


Energy Offices










-2-



Uranium Mining

Minnesota S-1219

Insurance

New Jersey S-56
New Jersey S-130
New Jersey S-353

General

Massachusetts H-2642







INTRODUCED LEGISLATION


ARIZONA

Power Plant Siting S-1334. Establishes a Power Plant and Transmission
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 circumstances 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
receive a lower rate of return on their investments if the final cost
exceeds their initial estimate. (Introduced 2/23/82.)

Three Mile 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 Department of Public Utility Control. (Introduced
2/12/82.)

Police Protection H-5678. Would require State Police personnel to serve
24 hours 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.)


FLORIDA

Energy Data Center S-741. Creates an energy data center in the Department
of Veteran and Community 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
municipal agencies will submit any information to the center upon
request. (Introduced 1/28/82.)










-2-


FLORIDA Cont'd

Transportation S-7'1, 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,
and to make rules at least as restrictive as NRC regulations. Describes
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 licensed by the NRC. 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 Governor's office which 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.)


HAWAIT

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 Waste 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 Radioactive Waste Commission on technical
and policy matters. (Note: The State has not yet adopted the Compact.)
(Introduced 2/2/82.)










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.)

Licensing Prohibition H-2967. Prohibits the licensing of nuclear power
plants until demonstrated technology exists for disposal of high-level
waste. (Introduced 2/10/82.)


MAINE

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 21 which qualified
for ballot. Maine 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.)


MARYLAND

Radiation Control-Remedies H-432. Establishes a $5,000 fine (amending
the previous penalty of $10,000) for violations of the Radiation Control
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
facility does not exempt the site from local zoning regulations. (Introduced
2/11/82.)

Low-Level Waste S-810. Allows health & 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 different storage or disposal procedures.
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
Fund for emergency removal of the effects of any dangerous substance and









-4-


MARYLAND Cont'd

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 2/12/82.)

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 exempt 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 exempt a site from complying with local zoning regulations, laws or
ordinances. (Introduced 2/12/82.)


MASSACHUSETTS

Hazardous Substance Monitoring H-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 Nuclear 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.
Monitoring stations will form a network to judge the movement, dispersal
and reconcentration of radioactive materials. (Introduced 1/6/82.)









-5-


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
developed, tested and fully licensed. (Introduced 1/6/82.)

High-Level Waste 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 only 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 have
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;
(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
Council 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.)

Construction Costs H-4998. Prohibits the costs involved in the planning
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.)












MINNESOTA

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 applicable laws and regulations. (Carried over
to 1982.) (Introduced 4/6/81.)

:Hazardous Waste 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 Management 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
the District. (Introduced 2/11/82.)


MISSISSIPPI

"Radioactive 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 Management Agency. Provides for emergency response
procedures to be followed in response to any incidents. (Introduced
1/20/82.)


NEW HAMPSHIRE

Seabrook H-36. Requires the Public Utilities Commission to have an
independent risk analysis study and a separate economic analysis study
conducted for the Seabrook nuclear power plant. (Introduced 1/27/82.)


NEW JERSEY

"Municipal 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.)









-7-


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 omissions 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
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
30 minutes in advance, Whenever the shipment is to be left unattended
for any reason. (Introduced 2/1/82.)


OHIO

Radiation Standards H-860. Allows the Public Health Council to establish
standards designed to identify, prohibit and prevent improper radiation
exposure by radiation handlers or licensed.practitioners. (Introduced
2/16/82.)


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
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 & Tennessee.
(Introduced 2/23/82.)









-8-


TENNESSEE

Southeast Interstate Low-Level Radioactive Waste Compact S-2193. This
bill is similar to South Carolina, H-3590. (Introduced 2/15/82.)


VERMONT

Energy Forecasts H-708. Establishes and implements a State energy
policy and requires the Department of Public Service to conduct an
ongoing study of Vermont's energy future. (Introduced 2/16/82.)

Emergency Preparedness H-720. Requires the preparation of .an emergency
plan designed to protect the lives and safety of persons living near
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 Facility 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. Amended 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
waste in the Pacific Ocean. (Carried over to 1982) (Introduced 9/10/81.)









-9-


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.
(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.)


PENNSYLVANIA

Funding for TMI-2 HR-166. Urges the PUC to reconsider its decisions
regarding the joint petition for a settlement on the partial funding of
TMI-2 clean-up operations by Pennylvania ratepayers, 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
Unit One due to the judicially mandated psychological impact study and
the recent discovery of its defective cooling pipelines. (Introduced
2/24/82.)


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. Uroes Congress and the Administration to place
emphasis with respect to national policy on the following areas:

(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;







-10-


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 2/9/82.)

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 consider other matters related to the management of high and low-
level waste. (Introduced 2/3/82.)


GPO 901-799




I






UNIVERSITY OF FLORIDA


3 1262 08332 3807

UNITED STATES
NUCLEAR REGULATORY COMMISSION
WASHINGTON, D. C. 20555




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