PRINTER'S NO. 1084
No. 967 Session of 1995
INTRODUCED BY BAKER, HUTCHINSON, LYNCH, SURRA, FAIRCHILD,
TRELLO, PLATTS, WAUGH, JADLOWIEC, CHADWICK, KING AND STERN,
MARCH 6, 1995
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MARCH 6, 1995
AN ACT
1 Amending the act of February 9, 1988 (P.L.31, No.12), entitled
2 "An act providing for low-level radioactive waste disposal;
3 further providing for powers and duties of the Department of
4 Environmental Resources and the Environmental Quality Board;
5 providing for the siting of low-level radioactive waste
6 disposal facilities and for the licensing of operators
7 thereof; establishing certain funds and accounts for the
8 benefit of host municipalities and the general public;
9 establishing the Low-Level Waste Advisory Committee and
10 providing for its powers and duties; providing for membership
11 on the Appalachian States Low-Level Radioactive Waste
12 Commission; requiring certain financial assurances; providing
13 enforcement procedures; providing penalties; making repeals;
14 and making appropriations," deleting provisions relating to
15 eminent domain.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Sections 301(6) and 307(g) of the act of February
19 9, 1988 (P.L.31, No.12), known as the Low-Level Radioactive
20 Waste Disposal Act, are amended to read:
21 Section 301. Powers and duties of the Department of
22 Environmental Resources.
23 The department shall have the power and its duty shall be to:
1 * * *
2 (6) Receive title to the land for use as a regional
3 facility from the licensee for eventual transfer to the
4 custodial agency [or acquire land by eminent domain in the
5 manner provided in the act of June 22, 1964 (Sp.Sess.,
6 P.L.84, No.6), known as the Eminent Domain Code, if the
7 operator-licensee designate cannot acquire the property prior
8 to submitting an application to the department for a
9 license].
10 * * *
11 Section 307. Site selection.
12 * * *
13 (g) Purchase of site.--Upon receiving a license to operate
14 the regional facility at the site, the operator shall purchase
15 the site and transfer title to all land to the Commonwealth. [If
16 the operator-licensee designate is unable to purchase the site,
17 the Commonwealth shall acquire the site by eminent domain and
18 the operator-licensee designate shall reimburse the Commonwealth
19 for all costs of acquisition.]
20 * * *
21 Section 2. This act shall take effect in 60 days.
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