INFORMATION REPORT ON

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INFORMATION REPORT ON

@,~d.) State Lenislation,.

i 6....OFFICE OF STATE PROGRAMS

U.S. NUCLEAR REGULATORY COMMisslON(30H 492 7794

Volume 3, No. 1 January 19, 1977

SUMMARY OF LAWS ENACTED BY STATES DURING 1976

The following is a summary of laws relating to the nuclear regulatoryprogram which were enacted by the States during the 1976 legislative session.

RADIATION CONTROL

GEORGIA HB-1907. Abolishes the Radiation Control Council and designatesthe Department of Human Resources as the state radiation control agency.(Signed by Governor 4/7/76)

IOWA HB-1281. Creates an Interagency Coordinating Council on RadiationSafety to develop a State radiation safety program plan.(Signed by Governor 5/13/76)

KENTUCKY HB-499. An amendatory act expanding the functions of the Departmentof Energy to include development of a process for regulating the sitino ofenergy facilities, and directing the Department of Human Resources to1) monitor radioactive waste material sites, and 2) " provide for thelicensing of the possession or use of any radiation source and the trans-portation, handling, and disposal of radioactive wastes."(Signed by Governor 3/30/76)

MARYLAND HB-1634. Transfers to the Department of Health and Mental Hygienethe radiation control responsibilities formerly vested in the Board ofHealth. (Signed by Governor 5/17/76)

l MISSISSIPPI SB-2229. Establishes a State-wide radiation protection pro-gram and designates the State Board of Health as the agency to administerit. (Signed by Governor 5/25/76)-

RH0DE ISLAND HB-7459. Designates the Department of Health as the Stateradiation control agency. Creates a State Radiation Advisory Commissionas a separate division of the agency. (Signed by Governor 5/28/76)

TENNESSEE HB-1473. Authorizes the Comissioner of Public Health to requirecertain classes of licensees who use, store or handle radioactive materialsto post a performance bond and to contribute to a perpetual care trust fund.(Signed by Governor 3/12/76)

N.B. - For further information, contact Marie Janinek orElizabeth McCarthy, 492-7794

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Radiation (cont.)Provides for the posting of bond by certain licensees

handling radioactive materials and the creation of a Radioactive MaterialVIRGINIA HB-488_.into which licensees would make payments on anPerpetual Care Trust Fund

annual basis. (Signed by Governor 4/10/76)

NUCLEAR STUDIES

No new nuclear power plant shall be permitted land useCALIFORNIA AB-2820.

Commission makes a finding that the Federal Government "has identified andin California until the State Energy Resources Conservation and Developmentapproved, and there exists a technology for the construction and operationof, nuclear reprocessing plants." (Signed by Governor 6/3/76)

No new nuclear power plant shall be pemitted land use ini n until the State Energy Commission completes a study of the necessityCALIFORNIA AB-2821.

are effectiveness and economic feasibility of undergrounding and hermCalifor(Signed by Governor 6/3/76)for

containment of nuclear reactors.No new nuclear power plant shall be pemitted land use

CALIFORNIA AB-2822.in California until the State Energy Commission certifies that the FederalGovernment has approved and there exists a demonstrated technology or meansfor the disposal of high-level nuclear waste. (Signed by Governor 6/3/76)

Authorizes the Legislative Council to appoint a committeeto undertake a study of energy development in Idaho. (Adopted 3/18/76)IDAHO SCR-132.

Directs the Legislative Research Commission to study theeffects of radioactive waste disposal in Kentucky and publish its findingsKENTUCKY HR-100. '

by October 1, 1977. (Adopted 3/30/76)

Directs the Division of Radiation Control to' study theLOUISIANA SCR-18.facts and circumstances surrounding the construction and use of nuclearreactors within and in proximity of Louisiana and report its findingsby 1/18/77. (Signed by Governor 7/30/76)

Authorizes a Joint Legislative Committee to undertake anin-depth study of the feasibility and ramifications of underground saltLOUISIANA SCR-56.

dome storage of wastes and to report its findings by 3/18/77.(Adopted 7/26/76)

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Extends through 1976 the existence of a specialconc!ttee of the General Court which was established in 1974 to study theMASSACHUSETTS HB-3161.

(Adopted 2/3/76)health and safety effects of nuclear power.

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Directs the Joint State Government Commission tostudy the entire issue of energy facility siting and report its findings,PENNSYLVANIA SCR-238.

'along with draft legislation, to the General Assembly by 5/1/77.!

(Adopted 6/29/76)

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Nuclear Studies (cont.) 3

TENNESSEE SJR-162. Directs the legislative Joint Task Force on Energyto continue its study on the use, production and conservation of energy.(Adopted 3/28/76)

ENERGY AGENCIES

CONNECTICUT HB-5825, HB-5897, HB-5898. Amendatory laws expanding theactivities and hearing requirements of the Power Facilities EvaluationCouncil. (Signed by Governor 6/4/76)

GEORGIA HB-1698. Establishes,within the Office of Planning and Budget,the Georgia Office of Energy Resources, which will absorb the functionsof the former State Energy Office. (Signed by Governor 4/9/76)

IOWA HB-1371. Extends the life of the Energy Policy Council to June 30,1979. (Signed by Governor 6/20/76)

NEW YORK SB-9715A. Creates a State Energy Office to administer all energyorograms of the Federal Government, other than those conducted by NYSERDA.Abolishes the Atomic Energy Council and transfers its functions to the newEnergy Office. (Signed by Governor 7/26/76)

NEW YORK SB-10719. Creates within the State Energy Office an EnergyAdvisory Council. (Signed by Governor 7/26/76)

PENNSYLVANIA SB-1219. Establishes within the PUC a Bureau of Conservation,Economics and Energy Planning to conduct energy-related studies and research.(Signed by Governor 7/9/76)

WASHINGTON SB-3172. Creates a State Energy Office to serve as the officialstate agency responsible for coordination of energy-related activities.Redesignates the Thermal Power Plant Site Evaluation Council as the EnergyFacility Site Evaluation Council. (Signed by Governor 3/19/76)

JOINT AGREEMENTS

ARIZONA HB-2340. Authorizes districts to enter into joint agreements forthe purpose of acquiring or assuring a supply of energy or energy resourcesincluding " uranium and nuclear materials." (Signed by Governor 6/7/76)

COLORADO SB41. Authorizes Colorado municipalities to contract withmunicipalities of adjoining States to form power authorities.

,(Signed by Governor 5/7/76)

VIRGINIA SB-166. Authorizes political sub-divisions to join together in thecreation of an electric authority for the purposes of providing for energyneeds. (Signed by Governor 4/12/76)

WASHINGTON SB-3129. Permits rural electric cooperatives to participate inthe development of nuclear and other power facilities.(Signed by Governor 3/4/76)

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SITING

CALIFORNI A AB-2820,2821,2822. Imposes restrictions on' siting. (see Nuclear

Studies)

The Department of Environmental Regulation is responsibleFLORIDA SB-6.59. Certification by the board,for electric power plant site certifications.consisting of the Governor and cabinet, constitutes the sole license ofthe tate. (Signed by Governor 6/8/76)

Creates a Power Plant Siting Study Comittee to " developGEORGIA SR-123.proposed legislation to streamline the laws and regulations applicableto power plant siting in this State." (Adopted 1/21/76)

A single certificate from the Iowa State Commerce ComissionIOWA HB-1470.is required for the siting and construction of electric power facilities.(Signed by Governor V20/76)

Requires a pemit from the state Corporation CommissionKANSAS SB-60.prior to comencing site preparation and construction of, or addition to,an electric generating facility. (Signed by Governor 3/31/76)

Memorializes the Congress and President to consider very! KENTUCKY SR-28.

carefully the total impact of nuclear power plant construction on the OhioRiver. (Adopted 2/20/76)

KENTUCKY HB399. The Department of Energy is to develop a process forregulating the siting of energy facilities. (Signed by Governor 3/30/76)

TRANSPORTATION

Prohibits the transport of radioactive materials intoCONNECTICUT HB-5908.or through the State without a certificate of transport from the Commissionerof Transportation. (Signed by Governor 6/1/76)

State Department of Transportation is to develop aILLIN0IS HB-1815.legislative program regulating the transportation of hazardous materialsthrough the State. (Signed by Governor 8/26/76)

IOWA HB-736. Requires that the police be actified when an accident occursinvolving the transportation of hazardous materials.(Signed by Governor 2/20/76)

State Departments of Transp?rtation, Health and MentalMARYLAND HJR-23.Hygiene and Natural Resources are to fomulate recommendations for con-solidating into one agency the authority to regulate and supervise thetransporting of hazardous materials through Maryland.(Signed by Governor 5/4/76)

NEW YORK AB-77618 Grants Department of Transportation authority to regulatethe transportation of radioactive materials. (Signed by Governor 7/21/76)

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OISPOSAL OF flVCLEAR WASTES

CALIFORill A AB-2822. Energy Comission must certify that there exists ademonstrated technology or means for the disposal of nuclear wastes.(see fluclear Studies)

HAWAII SR-68._ Expresses concern over the proposed disposal of radioactivewastes in the Pacific Ocean 600 miles north of Hawaii. Requests the U.S.Environmental Protection Agency to halt any plans for undersea disposaluntil their safety is " proven beyond any shadow of doubt."(Adopted 4/5/76)

KENTUCKY HB-838. Levies an excise tax of ten cents per pound, to be paidby the processor, on all radioactive waste material delivered to Kentuckyfor processing, packaging, storage, disposal, or burial.(Signed by Governor 3/30/76)

flew JERSEY S8-1493. Regulates the disposal of hazardous wastes by prohibitingany solid waste facility within two miles of a river flood hazard area ora major aquifer. (Signed by Governor 10/7/76)

C0ASTAL Z0!1E MANAGEMENT

ALABAMA 58-601. Creates a Coastal Area Board with responsibility andauthority for developing, coordinating, and maintaining a coastal areaprogram. (Signed by Governor 8/23/76)

ALASKA HCR-123. A House Concurrent Resolution directing the coordinationof activities for the development of a comprehensive CZM progra,m duringthe 1977 legislative session. (Adopted 5/22/76)

CALIFIANT A SB-1277 and AB-3544. Establishes,within the State ResourcesAgency, W California Coastal Comission and six regional Coastal Commissions.(Signed by Governor 9/30/76)

LOUISIANA HCR-38. A House Concurrent Resolution authorizing establishmentof a joint legislative comittee to analyze and recomend effectivemeasures for establishing a CZM program. (Adopted 7/22/76)

LOUISI At!A HB-1512. Creates a Louisiana Coastal Comission.(Signed by Governor 8/3/76)

MISCELLANE0US

CALIFORNI A AB-4195. Requires that the State Energy Comission adopt standards,by July 1, 1978, for a program of electrical load management for each utilityservice area. (Signed by Governor, 9/23/76)

CALIFORNI A SJR-61. Memorializes the Congress to support all efforts to bringnuclear weapons under control, reduce their numbers, and stop their spread.(Adopted 8/30/76)

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Miscellaneous _(cont.) 6

COLORADO HB-1088. Establishes a system for General Assembly periodicreview of the regulatory agencies of Colorado to determine whetherthey should be teminated, continued, or reestablished. (Signed byGovernor 4/21/76)

CONNECTICUT HB-5927_. Pemits certain commercial or financial proprietaryinformation gathered by the Comissioner of Planning and Energy Policyto be exempt from the requirements of the Freedom of Information Act.(Signed by Governor 6/2/76)

FLORIDA SB-1156_. Prnvides for periodic legislative review of Stateregulatory agencies to determine whether they should be terminated,modified or reestablished. (Signed by Governor 6/17/76)

Provides for the termination of all State agencies,LOUISIANA SB-28.cepartments, offices or divisions, on an annual schedule, from July 1,1979to 1982. (Signed by Governor 7/30/76)

hRobert G. Ryan, DirectorOffice of State Programs

Legend

AB - Assembly BillHB - House BillSB - Senate BillHR - House ResolutionSR - Senate ResolutionHJR - House Joint ResolutionHCR - House Concurrent ResolutionSCR - Senate Concurrent ResolutionSJR - Senate Joint Resolution