Information report on state legislation

NUREG/BR-0025
INFORMATION REPORT ON



) S legislation
OFFICE OF STATE PROGRAMS
f fU. S. NUCLEAR REGULATORY COMMISSION

Vol. 1, No.* December, 1984



1984 ANNUAL SUMMARY

Due to situations beyond our control, and a need to re-direct our budget
resources, this will be our last issue of "The Information Report on State
Legislation," NUREG/BR-0025.
For eight years, the Report has informed the NRC, State officials, private
industry and members of the public in all 50 States of trends and events
reflected in nation-wide nuclear legislation. Over the past several years,
we have expanded the number of categories of legislation covered and
included a front page news summary at a time we believed our readers
S required more information because of important events occurring in the
nuclear industry. The decision to cancel the Report was made reluctantly.
There have been several noteworthy events which have occurred since our last
issue in July 1984. In the low-level waste area, the Midwest Compact was
introduced in both Houses of Congress (S. 3091, H.R. 6937), for a total of
five compacts to be considered for consent in the next Congressional session
(Northwest, Central, Rocky Mountain, Midwest and Southeast). All five must
be re-introduced in the 99th Congress. Representative Morris Udall (D-AZ)
has proposed a series of amendments to the compact bills and to the
Low-Level Radioactive Waste Policy Act which address the problems of States
without sites after the 1986 deadline. The amendments also concern issues
such as volume reduction, the definition of low-level waste, and
import/export of waste outside regional boundaries. The staff of the Senate
Judiciary Committee also proposed certain conditions to Congressional
consent for the compacts. The conditions included use of NRC-proposed
consent language, the low-level waste definition and NRC report
requirements.
The Office of State Programs (OSP) held a workshop in May 1984 on shallow
land burial and alternative low-level waste technologies. Some workshop
participants noted that the public appears to place greater confidence in
disposal methods that incorporate man-made barriers because of past problems
at shallow land burial facilities. Additional details of the workshop
discussions are available in "Proceedings of the State Workshop on Shallow
Land Burial and Alternative Disposal Concepts," May 2-3, 1984, Bethesda,
Maryland," (NUREG/CP-0055).





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The Western Low-Level Radioactive Waste Compact failed in the closing two
days of the California Legislature, although it was enacted by Arizona, the
only other eligible State. In California's efforts to secure a licensed
designee to locate, build and operate a LLW site in the State, Chem-Nuclear,
Inc. asked for an injunction against the State's process. As a result, the
State District Court ruled the time for filing new applications will be
extended to January 15, 1985. Chem-Nuclear also requested a re-opening of
the process, claiming the State did not follow the process of selection of
the second choice applicant in the original process when Westinghouse,
(original first choice applicant) declined designation.

A working group on HLW siting, sponsored by the National Conference of State
Legislatures (NCSL), convened December 4-6, 1984, in Las Vegas, Nevada, to
inform key legislators and their staffs from the 23 States where DOE is
conducting geologic studies for siting two HLW repositories about DOE's
progress in implementing the Nuclear Waste Policy Act. Provisions of the
Act give States and Indian tribes the right to comment on and object to site
selections.

An initiative passed in South Dakota impacts on nuclear waste siting by
requiring an affirmative vote by the people before a LLW or HLW facility may
be operated in the State. It also requires a vote before the State joins in
any compact for the disposal of nuclear waste.




G. Wayne Kerr, Director
Office of State Programs

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






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Low-Level Waste Compacts

Arizona, S-1365
Georgia, H-1267
Illinois, H-3060
Kansas, H-2760
Missouri, S-6
Ohio, H-344
Wisconsin, S-202

Emergency Preparedness

Arizona, H-2256
Connecticut, S-401
Louisiana, H-866
Louisiana, H-1119
Massachusetts, H-3740
New Jersey, A-827
Vermont, H-410
Virginia, H-459

Energy Projects

California, A-1659
California, A-3703

Public Utilities/Financing

Connecticut, S-443
Kansas, H-2927*
Maine, L-2421
New York, A-9355
New York, S-9937
North Carolina, H-1682
Virginia, H-963

Power Plants

Connecticut, H-5126
Illinois, H-3098
Kentucky, H-158*
Wisconsin, A-826*

Transportation

Indiana, S-303
Virginia, H-813


Liability


Nebraska, L-420


Radiation


Connecticut, H-5675
Delaware, S-164
Florida, S-241
Florida, S-242
Georgia, H-457
Illinois, H-2355
Louisiana, S-262
Louisiana, S-690
Louisiana, H-711
Louisiana, H-1538
Maine, L-2076
Nebraska, L-716
Pennsylvania, S-987
Tennessee, S-1782
Vermont, S-110

Uranium Milling & Mining

Iowa, S-1276
Nebraska, L-742
Utah, S-112

High-Level Waste Disposal

Kansas, H-2927*
Kentucky, H-158*
Minnesota, S-1258
South Carolina, H-3378
Texas, HCR-24
Virginia, SJR-33
Washington, H-1637
Wisconsin, A-826*

Nuclear Safeguards


New Jersey, S-537
Pennsylvania, H-851

Miscellaneous

Maine, L-2366
New Mexico, S-21
Texas, S-9
Vermont, H-597
Washington, H-1153

Initiatives


Missouri
Oregon
South Dakota


* Bill appears in more than one category.






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Arizona

Western Low-Level Waste Disposal Compacts, S-1365. Enacts the Compact into
law and enters the State as a party. Eligible States named are Arizona and
California. (Enacted: 5/14/84)

Assessment For the Nuclear Emergency Management Fund, H-2256. Assesses
$286,676 for use by the nuclear emergency management fund, against each
consortium constructing a commercial nuclear generating station in the
State. (Enacted: 4/12/84)

California

Community Energy Authority Act, A-1659. Allows a county or city to
implement comprehensive energy strategies to assist in planning energy
projects to encourage energy efficiency and conservation. These include:
community energy audits to assess energy-related vulnerability; preparation
of warnings and organization of community mobilization for vulnerability
reduction; and planning development of energy resilience. Authorizes two
or more cities to jointly create an area energy authority. (Enacted:
9/29/84)

Financing Energy Projects, A-3703. Encourages third-party financing of
energy projects at State-owned sites. Provides incentives between the
State and the siting bodies. Specifies conditions under which annual cash
revenues are to be shared between them. (Enacted 9/11/84)

Connecticut

Nuclear Safety Emergency Fund, S-401. Increases the amount of the nuclear
safety emergency fund which may be spent by the Director of the Office of
Civil Preparedness from ten percent to twenty-five percent. Eliminates
Federal involvement in the procedure for additional assessments of
utilities. Changes the nuclear safety fund "year" from the calendar year
to the State fiscal year. (Enacted 5/2/84)

Nuclear Public Safety Fund, S-443. Instructs the Department of Public
Utility Control to establish a nuclear public safety fund, develop an
equitable method of assessing Nuclear Regulatory Commission licensees, and
reimburse those municipalities contiguous to municipalities containing a
nuclear power generating facility, for a portion of their public safety
expenditures. Provides that money within the fund shall be invested by the
State Treasurer. (Enacted 6/11/84)

Millstone 3 and Seabrook 1, H-5126. Prohibits any further Department of
Public Utility Control decisions allowing electric companies to charge
ratepayers for the costs of constructing Millstone 3 and Seabrook 1 nuclear
plants while the plants are under construction. Exceptions under certain
circumstances are cited. (Enacted 5/3/84)

Exposure to Radiation, H-5675. Requires the Commissioner of Environmental
Protection to adopt an exposure standard for the general public to sources
of nonionizing radiation and requires operators to obtain a permit for
certain sources of nonionizing electromagnetic radiation. (Enacted 6/8/84)






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Delaware

Authority on Radiation Protection, S-164. Increases the membership of the
Authority on Radiation Protection from seven to eight members. Authorizes
the Governor to appoint a member from the Dental Society of Delaware.
(Enacted: 6/30/84)

Florida

Florida Radiation Protection Act, S-241. Expands the authority of the
Department of Health and Rehabilitative Services to regulate the
"possession" of radioactive material. Clarifies that radioactive material
includes that which is naturally occurring. Authorizes the Department to
supervise decontamination activities in an emergency. Changes various
portions of the Florida Radiation Protection Act on financing and money
matters. Specifies that the owner, licensee, or other responsible party
bear the costs of decontamination, transportation, burial, disposal, or
other disposition of sources of ionizing radiation. Prohibits any
municipality or county from regulating the possession, use or
transportation of sources of radiation. Establishes a radiation monitoring
system at each weigh station operated by the Department of Transportation.
(Enacted: 6/14/84)

Regulation of Radiologic Technologists, S-242. Enacts the Radiologic
Technologists Certification Act which provides for the regulation of
radiologic technologists. (Enacted: 6/19/84)

Georgia

Radiation Control Civil Penalties, H-457. Provides the Department of Human
Resources with the authority to impose and collect civil penalties for
violation of radiation control rules and regulations. (Enacted: 4/4/84)

Revision of the Southeast Interstate Low-Level Radioactive Waste Management
Compact, H-1267. Revises the text of the Compact so as to conform to the
version agreed to by all of the other party States. (Enacted: 3/28/84)

Idaho

Uranium Mill Tailings, S-1276. Allows the State Radiation Control Agency
to participate in the Federal Uranium Mill Tailings Radiation Control Act
of 1978; provides for financial participation. (Enacted: 4/4/84)

Illinois

Radiation Accreditation, H-2355. Details accreditation requirements for
persons administering radiation and creates a Radiologic Technology
Accreditation Board. (Enacted: 9/4/84)

Central Midwest Interstate Low-Level Radioactive Waste Compact, H-3060.
Creates the Compact and provides for membership eligibility for the State
of Kentucky with Illinois being the host State. Provides for the regional
management and disposal of low-level waste. (Enacted: 9/7/84)









Illinois, cont'd.

Nuclear Safety Preparedness Act, H-3098. Increases fees for operators of
nuclear power and storage facilities. After June 30, 1984, the annual fee
assessed against each nuclear power plant for which an operating license
has been issued by NRC will be $400,000 (up from $180,000). Authorizes the
Department of Nuclear Safety to accept grants, gifts and loans from public
and private sources in administering the Act. Provides for a remote
effluent monitoring system which identifies and quantifies the radioactive
components of all effluents from nuclear facilities to the environment.
(Enacted: 9/7/84)

Indiana

Advance Notification of Shipments, S-303. Requires the Governor, or the
Governor's designee, to notify the sheriff of each county through which a
shipment of radioactive waste will pass within 24 hours of receiving
advance notification of the shipment. (Enacted: 3/7/84)

Kansas

Low-Level Waste Disposal, H-2760. Provides for the disposal of low-level
radioactive waste generated within the State. Requires public notice,
hearings, and written analysis of impacts on disposal site location.
Allows negotiations to be held for entrance of the State into a low-level
waste compact. (Enacted: 5/11/84)

Ratemaking, H-2927. Requires the State Corporation Commission to determine
the value of all property or the fraction of property attributable to the
ratemaking procedure for public utilities. If the facility is a nuclear
power plant, it must be determined that there is a proven technology for
the disposal of high-level waste before costs may be included in the value
of the public utility property. (Enacted: 4/13/84)

Kentucky

Requirements for Certification of a Nuclear Power Facility, H-158. Before
construction of a nuclear power facility, the Public Service Commission
must find that the Federal government has identified and approved a
demonstrated technology or means for the disposal of high level nuclear
waste. Then, in order to certify such a facility, the Commission must find
that it: has specific facilities with adequate capacity to contain high
level nuclear waste; has a plan for disposal in conformity with technology
approved by the Federal government; and knows with reasonable certainty the
cost of disposal. (Enacted: 2/16/84)

Louisiana

Certification of Chiropractic Assistants Who Perform X-Ray Functions,
S-262. Expands the authority of the Louisiana Board of Chiropractic
Examiners to include certification of chiropractic assistants performing
X-ray functions. (Enacted: 6/30/84)






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Louisiana, cont'd.

Radiation Control, S-690. Changes the name of the Office of Air Quality to
the Office of Air Quality and Nuclear Energy. Provides that the chief of
the Nuclear Energy Division serve as technical secretary to the
Environmental Control Commission in all matters dealing with nuclear energy
and radiation. Describes the powers and duties of the Office. (Enacted:
6/26/84)

Regulation and Licensing of Radiologic Technologists, H-711. Creates a
Radiologic Technology Board of Examiners. Provides for the qualification,
examination and licensing of radiologic technologists. (Enacted: 7/6/84)

Emergency Preparedness, H-866. Defines byproduct material and requires
annual fees for nuclear power facilities to cover the costs of development,
maintenance and implementation of radiological emergency preparedness.
(Enacted: 7/11/84)

Emergency Response Plan, 1H-1119. Authorizes the Department, of
Environmental Quality, upon declaration of a "disaster emergency," to enter
into any contracts or agreements necessary to perform any duty or function
required in a radiological emergency response plan. (Enacted: 7/13/84)

Certification of Radiological Examiners, H-1538. Requires the Louisiana
State Board of Medical Examiners to regulate and certify the qualifications
of persons who perform diagnostic or therapeutic radiological examinations
or treatments in the private office of a physician. (Enacted: 7/11/84)

Maine

Temporary Licenses and Special Permits, L-2076. Amends the Medical
Radiation Health and Safety Act to allow temporary licenses. Allows the
issuance of a special permit to practice as a nuclear medicine
technologist. (Enacted: 3/28/84)

Educational Clearinghouse on Nuclear Usage, L-2366. Gives the Commissioner
of Education and Cultural Services the authority to develop a clearinghouse
of information on nuclear usage. (Enacted: 4/12/84)

Ratemaking, L-2421. Requires the Public Utilities Commission to balance
utility and ratepayer interests on a case-by-case basis when determining
ratemaking treatment of cancelled plants' costs. Utilities will not be
allowed to recover imprudently incurred costs and must file a $750,000 fee
with the PUC when filing for recovery. No fee may be waived or refunded if
not used. (Enacted: 4/24/84)

Massachusetts

Emergency Planning, H-3740. Creates the Nuclear Power Plant Energency
Planning Commission to study all aspects of nuclear power plant accident
prevention, response and recovery. Authorizes information to be obtained,
and plans to be written. Funds initial planning costs. (Enacted: 5/29/84)










Missouri

Midwest Interstate Low-Level Radioactive Waste Compact, S-6. Enacts the
Compact into law and enters the State as a party. Provides for the
regional management of low-level waste disposal. Current compact members
are : IN, IA, MI, MN, MO, OH, and WI. (Signed by the Governor: 1/5/84;
Effective 4/5/84)

Minnesota

High Level Radioactive Waste Disposal and Transportation, S-1258.
Prohibits a person from making a study or test of a specific area or site
related to high-level waste disposal unless the State has executed a
consultation and cooperation agreement. Requires a consultation and
cooperation agreement between the State and Federal government upon notice
from the Department of Energy that Minnesota contains a potentially
impacted area. Regulates transportation of high level radioactive waste in
the State. (Enacted: 4/28/84)

Nebraska

Nuclear Waste Liability, L-420. Relieves from liability any person who
provides assistance to prevent or mitigate the effect of the actual or
threatened discharge of hazardous materials except in enumerated
circumstances. (Enacted: 2/10/84)

Radiation Control, L-716. Amends the Act which maintains a regulatory
program for radiation sources which provides for compatibility with the
Federal government. Changes the definition of source material and
eliminates certain license provisions. Expands requirements and
registration for the distribution, sale, installation, and repair of any
source of radiation. (Enacted 4/3/84)

Uranium Mining, L-742. Directs the Department of Environmental Control to
recommend an appropriate regulatory policy for controlling uranium mining
by January 1, 1986. Prohibits uranium mining by any method other than
mineral production and injection wells until September 1, 1986. (Enacted:
4/11/84)

New Jersey

Damage at Power Plants, S-537. Establishes penalties for the intentional
damage or destruction of facilities, equipment or materials at a nuclear
power plant. (Enacted: 1/17/84)

Amendment of Radiation Accident Response Act, A-827. Provides that
assessment of the costs of development, testing and updating of the
Emergency Radiation Response Plans will be assessed against the operators
of nuclear electrical generating facilities located in New Jersey rather
than the electric utility owning or operating a nuclear facility.
(Enacted: 7/25/84)






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New Mexico

Radioactive Materials Committee, S-21. Appropriates $15,000 to the
Committee for the 72nd and 73rd fiscal years. (Enacted: 3/2/84)

New York

Low Cost Power Supply, A-9355. Describes the duty of the State Power
Authority to construct, improve and/or rehabilitate facilities to supply
low cost power and energy to high load manufacturers which will build new
facilities in the Authority's area. (Enacted: 7/24/84)

Bonding Requirements, S-9937. Enacts new provisions fixing bonding or
other financial security requirements for wells less than 6,000 feet in
depth for which the Environmental Conservation Department has issued
permits on or after June 5, 1973 with respect to 1) oil pools or fields; 2)
natural gas pools or fields; and 3) solution mining areas. (Enacted:
8/5/84)

North Carolina

Property Tax Exemption for Special Nuclear Materials, H-1682. Clarifies
the scope of the property tax exemption for special nuclear materials.
(Enacted: 7/2/84)

Ohio

Midwest Interstate Low-Level Radioactive Waste Compact, H-344. Amends
sections of the Act which enact the Compact into law and enter the State as
a party to provide regional management for the problem of low-level waste
disposal. Current Compact members are: IN, IA, MI, MN, MO, OH, and WI.
(Enacted: 4/25/84)

Pennsylvania

Falsification, H-851. States that a nuclear engineer commits a felony of
the third degree if he "willfully and knowingly" gives false information to
the public, press or governmental agency after a nuclear accident.
(Enacted: 7/6/84)

Radiation Protection Program, S-987. Combines the radiation safety
provisions of the Atomic Energy Development and Radiation Control Act and
the Environmental Radiation Protection Act to implement a comprehensive
Statewide radiation protection program; further providing for duties of the
Environmental Hearing Board; expanding the authority of the Department to
regulate other radiation sources and radiologic procedures; establishing
fees; and providing penalties. (Enacted: 7/10/84)






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South Carolina

High Level Waste Disposal, H-3378. Changes the name of the "Committee to
Consult on Away From Reactor Storage" to the "South Carolina Nuclear Waste
Consultation Committee." The Committee will consult with the Federal
government on issues concerning management and disposal of high level
waste, transuranic waste and spent fuel. Declares that the establishment
of new Federal facilities for the management and disposal of high level
radioactive and transuranic waste and spent fuel must be approved by a
joint resolution of the General Assembly on a majority vote of the total
membership. Details membership, duties and procedures. (Enacted: 6/27/84)

Tennessee

Operation of Radiation Equipment, S-1782. Declares it unprofessional
conduct for any licensee of a professional licensing board to operate,
permit an employee to operate, or supervise the operation of medical
radiation machines unless the operator possesses a current certificate
issued by the appropriate board or agency. (Enacted: 5/23/84)

Texas

Appropriation to the Texas Low-Level Radioactive Waste Disposal Authority,
S-9. Reappropriates for the next fiscal year the unexpended and
unencumbered balance for the year ending August 31, 1984 or $743,000,
whichever amount is less. (Enacted: 7/12/84)

Utah

Tax Imposed for Mining Minerals, S-112. Provides for a tax to be paid by
persons mining minerals, including uranium. (Enacted: 2/17/84)

Vermont

Radiological Technologists, S-110. Reenacts authority for the renamed
Board of Radiological Technology. (Enacted: 5/14/84)

Radiation Accidents, H-410. Details powers of the Governor during a
radiological emergency. Such powers include: assuming direct operational
control of all civil defense forces, formulating and executing traffic
control plans, ordering evacuations, etc. Directs formulation of a
radiological emergency response plan. (Enacted: 3/20/84)

Vermont State Nuclear Advisory Panel, H-597. Creates, describes the
membership, and defines the duties of the panel. (Enacted: 4/24/84)

Virginia

Annual Fees, H-459. Requires each owner of a nuclear power station,
validly licensed to operate by NRC, on July 1 of each year, to pay an
annual amount of $107,000 to fund emergency preparedness. This represents
an increase from the previous amount of $85,000. (Enacted: 3/31/84)






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Virginia, cont'd.

Shippers of Radioactive Material, H-813. Requires the coordinator of the
Office of Emergency Services to maintain a register of shippers of
radioactive materials. (Enacted: 4/10/84)

Rate Base Costs, H-963, Declares that public utilities will have the burden
of proof that capital project costs were incurred through reasonable,
proper and efficient practices in order for those costs to be included in
the rate base. (Enacted: 4/4/84)

Washington

License Applications, H-1153. Makes new rules for applications involving
licenses for by-product, source and special nuclear materials or devices
utilizing these materials. Details filing information, and notification
procedures. (Enacted: 3/4/84)

Nuclear Waste Board/High Level Waste Disposal, H-1637. Designates the
Nuclear Waste Board as the sole responsible body for any matter related to
high level waste disposal. The Director of the Department of Ecology will
serve on the Board. The Board will serve as the U.S. Department of
Energy's contact on this issue and will monitor Federal activity progress.
(Enacted: 3/8/84)

Wisconsin

Midwest Interstate Low-Level Radioactive Waste Compact, S-202. Enacts the
compact into law and enters the State as a party. Other States are: IN,
IA, MI, MN, MO, ND, OH, SD, and WI. (Enacted: 5/2/84)

Nuclear Power Plant Prohibition, A-826. Prohibits Public Service
Commission approval of new nuclear power plants unless certain conditions
are met, including the availability of adequate capacity for high-level
waste disposal. The proposed plant must also be found to be economically
advantageous when compared to alternatives. (Enacted: 5/2/84)

Adopted Resolutions

Texas

High-Level Nuclear Waste Disposal Site, HCR-24. Commends the Nuclear Waste
Programs Office for its careful and objective deliberation and for its
vigilance on behalf of the State in the matter of proposed high-level
nuclear waste disposal in Deaf Smith and Swisher counties. (Enacted:
7/3/84)

Virginia

High-Level Waste, SJR-33. Requests that the Executive Director of the
Solid Waste Commission serve as the legislative liaison with the U.S.
Department of Energy on matters of the siting of high-level waste
depositories. (Adopted: 2/24/84)






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Initiatives Voted on in November 6, 1984 Elections

Missouri

Would prohibit the costs of any nuclear plant from being entered into the
rate base of any electrical corporation unless the State PUC finds and the
Legislature concurs that there exists a Federally-approved demonstrated
means or technology for the disposal of high-level waste and an acceptable
geologic medium.

Would also allow a utility to seek cost recovery of after tax losses if the
plant is abandoned. This section indicates that rate payers, taxpayers and
shareholders would have to pay for an abandoned plant.

DEFEATED by a 2-1 margin.

South Dakota

Requires an affirmative vote by the people before occurrence of the
following:

1. Disposal of either low-level or high-level nuclear waste in the State;

2. South Dakota joining any compact with another State or States for
disposal of nuclear waste (retroactive to January 1, 1983).

Also requires applications, public hearings, and newspaper publishing of
any proposal on such subject matter. (Exempts storage on-site, with NRC
approval, for a primary purpose other than waste disposal).

APPROVED in 54% of the precincts, with a 64-36% vote.

Oregon

Requires the Energy Facility Siting Council to find, before approving a
site for the disposal of waste containing only naturally occurring
radioactive isotopes, that the site is not subject to water erosion,
earthquakes, volcanoes, or landslides; that there is no safer choice for
such disposal; and that there will be no radioactive release from the
waste.


APPROVED in 98% of the precincts with a 55-45% vote.








UNITED STATES
NUCLEAR REGULATORY COMMISSION
WASHINGTON, D.C. 20555
OFFICIAL BUSINESS
PENALTY FOR PRIVATE USE, $300


UNIVERSE OF FLORIDA


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PERMIT No G 67


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