Bill Text: MI HB5601 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Environmental protection; radioactive waste; storage and disposal; expressly prohibit storage or disposal for certain radioactive waste and establish advisory board on proposed Ontario repository. Amends title & sec. 1 of 1978 PA 113 (MCL 325.491); adds sec. 2 & repeals (See bill).

Spectrum: Slight Partisan Bill (Republican 6-2)

Status: (Introduced - Dead) 2014-05-28 - Printed Bill Filed 05/28/2014 [HB5601 Detail]

Download: Michigan-2013-HB5601-Introduced.html

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HOUSE BILL No. 5601

May 27, 2014, Introduced by Reps. LaFontaine, Heise, Lyons, Kivela, Lauwers, Brown, Daley and Pagel and referred to the Committee on Energy and Technology.

 

     A bill to amend 1978 PA 113, entitled

 

"An act to regulate the depositing, storing, or both, of

radioactive waste,"

 

by amending the title and section 1 (MCL 325.491), the title as

 

amended by 1987 PA 202 and section 1 as amended by 1989 PA 12, and

 

by adding section 2; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to regulate the importing, depositing, and storing , or

 

both, of radioactive waste; to establish a Great Lakes protection

 

radioactive waste advisory board; and to repeal acts and parts of

 

acts.

 

     Sec. 1. (1) As used in this act, "class A waste", "class B

 

waste", or "class C waste" means class A waste, class B waste, or

 

class C waste, respectively, as described in 10 CFR 61.55 that is

 

low-level radioactive waste as defined in section 13703 of the

 

public health code, 1978 PA 368, MCL 333.13703.

 

     (2) Radioactive waste may shall not be deposited or stored in

 

this state.

 

     (3) (2) Subsection (1) shall (2) does not apply to any of the

 

following:

 

     (a) The safe and secure storing storage or disposal in

 

aboveground facilities at the site of an educational institution

 

that produces radioactive waste consisting of spent fuel rods

 

produced by that educational institution.

 

     (b) The safe and secure storage in aboveground storage that is

 

located at or near a nuclear power generating facility of spent

 

fuel rods, or the safe and secure storage at the site of a nuclear

 

power generating facility of low-level radioactive waste produced

 

at that nuclear power generating facility. With the approval of the

 

nuclear regulatory commission, spent fuel rods may be stored

 

aboveground at or near a nuclear power generating facility while

 

the nuclear regulatory commission operating license for the

 

facility is in effect or until a date that is consistent with the

 

decommissioning plan for the facility. Spent fuel rods shall not be

 

transported from a nuclear power generating facility for storage at

 

any other nuclear power generating facility.

 

     (c) Waste consisting of uranium tailings that result from

 

uranium mining within this state.

 

     (d) The safe and secure temporary storage at the site of a

 

nuclear power generating facility for not more than 2 days of any

 

radioactive materials incidental to transportation of those

 

materials.

 

     (e) The normal usage and safe and secure storage of

 

radioactive materials used by doctor's offices, hospitals, health

 

clinics, or other medical research or medical treatment centers.

 

     (f) The safe and secure storage or disposal, or both, of low-

 

level radioactive waste pursuant to Act No. 460 of the Public Acts

 

of 1982, being sections 1982 PA 460, MCL 3.751 to 3.752, of the

 

Michigan Compiled Laws, and to part 137 of the public health code,

 

Act No. 368 of the Public Acts of 1978, being sections 1978 PA 368,

 

MCL 333.13701 to 333.13741. of the Michigan Compiled Laws.However,

 

this subdivision does not apply to permit storage or disposal of

 

any of the following:

 

     (i) Class A waste that is generated outside this state.

 

     (ii) Class B waste that is generated outside this state.

 

     (iii) Class C waste.

 

     (g) The safe and secure storage or disposal of radioactive

 

waste with radioactivity less than the amount that would require a

 

specific license under part 135 of the public health code, Act No.

 

368 of the Public Acts of 1978, being sections 333.13501 to

 

333.13536 of the Michigan Compiled Laws 1978 PA 368, MCL 333.13501

 

to 333.13537, and rules promulgated under that part.

 

     (h) The safe and secure storage of radioactive waste that was

 

being stored before January 1, 1970 and that is stored in a manner

 

approved by the department of public health environmental quality

 

so as not to create a hazard to the public health, safety, or

 

welfare.

 

     Sec. 2. (1) The Great Lakes protection radioactive waste

 

advisory board is created.

 

     (2) The board shall consist of the following members:

 

     (a) Three individuals with education and experience in a

 

technical specialty that is pertinent to issues related to

 

radioactive waste disposal, such as a hydrogeologist, health

 

physicist, radiation engineer, or biologist, appointed by the

 

senate majority leader.

 

     (b) An individual representing an Indian tribe recognized by

 

the federal government, appointed by the senate majority leader.

 

     (c) An individual representing an industry generating class C

 

radioactive waste, appointed by the speaker of the house.

 

     (d) An individual representing an environmental organization,

 

appointed by the speaker of the house.

 

     (e) An individual representing a member of a private

 

conservation organization with a presence in the Great Lakes basin,

 

appointed by the speaker of the house.

 

     (f) An individual with expertise in archaeological,

 

historical, and cultural resources in the Great Lakes basin,

 

appointed by the speaker of the house.

 

     (g) The executive director of an organization of states and

 

provinces established to protect and conserve the Great Lakes,

 

specified by the speaker of the house.

 

     (h) The chief of the radiological protection division of the

 

department of environmental quality, or his or her designee.

 

     (i) The chief of the radiation safety section of the

 

department of licensing and regulatory affairs.

 

     (3) The members first appointed to the board shall be

 

appointed within 30 days after the effective date of this section.

 

     (4) Members of the board shall serve for the life of the

 

board. If a vacancy occurs on the board, the vacancy shall be

 

filled in the same manner as the original appointment was made. The

 

senate majority leader or speaker of the house of representatives

 

may remove a member of the board appointed by that officer for

 

incompetence, dereliction of duty, malfeasance, misfeasance, or

 

nonfeasance in office, or any other good cause.

 

     (5) The first meeting of the board shall be called by the

 

chief of the radiological protection division of the department of

 

environmental quality. At the first meeting, the board shall elect

 

from among its members a chairperson and other officers as it

 

considers necessary or appropriate. After the first meeting, the

 

board shall meet at least quarterly, or more frequently at the call

 

of the chairperson or if requested by 2 or more members.

 

     (6) A majority of the members of the board constitute a quorum

 

for the transaction of business at a meeting of the board. A

 

majority of the members present and serving are required for

 

official action of the board. The business that the board may

 

perform shall be conducted at a public meeting of the board held in

 

compliance with the open meetings act, 1976 PA 267, MCL 15.261 to

 

15.275.

 

     (7) A writing prepared, owned, used, in the possession of, or

 

retained by the board in the performance of an official function is

 

subject to the freedom of information act, 1976 PA 442, MCL 15.231

 

to 15.246.

 

     (8) Members of the board shall serve without compensation.

 

However, members of the board may be reimbursed for their actual

 

and necessary expenses incurred in the performance of their

 

official duties as members of the board.

 

     (9) By 1 year after the effective date of this section, the

 

board shall submit to the legislature and the governor a report

 

assessing a broad range of potential public health, natural

 

resource, cultural, archaeological, and historical impacts in the

 

Great Lakes basin that may result from the deep geologic repository

 

for radioactive waste at the Bruce nuclear site in Kincardine,

 

Ontario, as proposed by Ontario power generation. To gather

 

information for the report, the board shall conduct at least 3

 

public hearings in areas of this state that may be affected by the

 

proposed geologic repository. The board may also consult with

 

persons for assistance in preparation of the report.

 

     (10) This section is repealed 1 year and 90 days after its

 

effective date.