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        PRIOR PRINTER'S NO. 551                       PRINTER'S NO. 1440

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 496 Session of 2007


        INTRODUCED BY GEORGE, MELIO, BENNINGTON, CALTAGIRONE, DeLUCA,
           DePASQUALE, FABRIZIO, FRANKEL, FREEMAN, HENNESSEY, JOSEPHS,
           MANN, MOYER, M. O'BRIEN, PETRONE, PYLE, READSHAW, RUBLEY,
           STABACK, J. TAYLOR, WALKO, WHEATLEY, YUDICHAK, BASTIAN, JAMES
           AND SIPTROTH, FEBRUARY 26, 2007

        AS REPORTED FROM COMMITTEE ON ENVIRONMENTAL RESOURCES AND
           ENERGY, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 25, 2007

                                     AN ACT

     1  Amending the act of July 10, 1984 (P.L.688, No.147), entitled
     2     "An act combining the radiation safety provisions of The
     3     Atomic Energy Development and Radiation Control Act and the
     4     Environmental Radiation Protection Act; empowering the
     5     Department of Environmental Resources to implement a
     6     comprehensive Statewide radiation protection program; further
     7     providing for the power of the Environmental Quality Board
     8     and for the duties of the Environmental Hearing Board;
     9     expanding the authority of the department to regulate other
    10     radiation sources;  providing for radiation emergency
    11     response; establishing requirements for transport of spent
    12     reactor fuel; establishing fees; providing penalties; making
    13     repeals; and authorizing and directing the Department of
    14     Environmental Resources and the Governor to convey ownership
    15     to the Carl A. White Acid Mine Drainage Treatment Plant,
    16     situated in Washington Township, Indiana County,
    17     Pennsylvania, to the County of Indiana, subject to a right of
    18     reverter for stated conditions," further providing for
    19     definitions, for powers of Environmental Quality Board, for
    20     nuclear facility and transport fees, for creation of special
    21     funds, for response program and for transportation of
    22     radioactive materials; and making repeals.

    23     The General Assembly of the Commonwealth of Pennsylvania
    24  hereby enacts as follows:
    25     Section 1.  Sections 103 and 302 of the act of July 10, 1984
    26  (P.L.688, No.147), known as the Radiation Protection Act, are

     1  amended to read:
     2  Section 103.  Definitions.
     3     The following words and phrases when used in this act shall
     4  have the meanings given to them in this section unless the
     5  context clearly indicates otherwise:
     6     "Abatement."  Any action deemed necessary by the department
     7  to protect public health, safety or welfare, or public or
     8  private property, resulting from the use of a radiation source.
     9     "Agency."  The Pennsylvania Emergency Management Agency.
    10     "Away-from-reactor spent nuclear fuel storage facility."  A
    11  spent nuclear fuel storage facility located outside the site
    12  boundaries or property lines of a nuclear power reactor licensed
    13  under 10 CFR Pt. 50 (relating to domestic licensing of
    14  production and utilization facilities).
    15     "Council."  The Pennsylvania Emergency Management Council.
    16     "Department."  The Department of Environmental [Resources]
    17  Protection and its authorized representatives.
    18     "Director."  The Director of the Pennsylvania Emergency
    19  Management Agency.
    20     "Electronic product radiation."  Any radiation emitted by
    21  products subject to the Radiation Control for Health and Safety
    22  Act of 1968 (Public Law 90-602, 82 Stat. 1173).
    23     "High-level waste."
    24         (1)  Irradiated reactor fuel;
    25         (2)  highly-radioactive material resulting from the
    26     reprocessing of spent nuclear fuel, including liquid waste
    27     produced directly in reprocessing and any solid material
    28     derived from such liquid waste that contains fission products
    29     in sufficient concentrations; or
    30         (3)  other highly radioactive material that the Nuclear
    20070H0496B1440                  - 2 -     

     1     Regulatory Commission, consistent with existing Federal law,
     2     determines by rule requires permanent isolation.
     3     "Large quantity of radioactive material."  A single package
     4  or multiple packages in a single shipment of radioactive
     5  material which exceed any of the following limits:
     6         (1)  1,000 Terabecquerels (TBq) (27,000 curies (Ci));
     7         (2)  3,000 times the A sub1 or A sub2 limits for a
     8     radionuclide listed in Appendix A of 10 CFR Pt. 71 (relating
     9     to packaging and transportation of radioactive material);
    10         (3)  a radioactive material quantity of concern as
    11     defined by the Nuclear Regulatory Commission; or
    12         (4)  any radioactive material shipment where State
    13     notification is mandated by Federal law, regulation, order or
    14     other Federal requirement.
    15     "NRC."  The United States Nuclear Regulatory Commission or
    16  any predecessor or successor thereto.
    17     "Person."  An individual, corporation, firm, association,
    18  public utility, trust, estate, public or private institution,
    19  group, agency, political subdivision of the Commonwealth, any
    20  other state or political subdivision or agency thereof and any
    21  legal successor, representative, agent or agency of the
    22  foregoing, other than the United States Nuclear Regulatory
    23  Commission or any successor thereto. In any provision of this
    24  act prescribing a fine, imprisonment or penalty, or any
    25  combination of the foregoing, the term "person" shall include
    26  the officers and directors of any corporation or other legal
    27  entity having officers and directors.
    28     ["PSP."  The Pennsylvania State Police.]
    29     "Radiation."  Any ionizing radiation or electronic product
    30  radiation.
    20070H0496B1440                  - 3 -     

     1     "Radiation source."  An apparatus or material, other than a
     2  nuclear power reactor and nuclear fuel located on a plant site,
     3  emitting or capable of emitting radiation.
     4     "Radiation source user."  A person who owns or is responsible
     5  for a radiation source.
     6     "Reactor fuel fabrication facility."  A facility in which
     7  onsite operations include preparation of reactor fuel material
     8  with fissionable material such as uranium or plutonium, reactor
     9  fuel material research and development, formation of fuel
    10  material shapes, application of cladding, recovery of reactor
    11  fuel material or any other reactor fuel material manufacturing
    12  operation.
    13     "Secretary."  The Secretary of Environmental [Resources]
    14  Protection or his or her authorized representative.
    15     "Spent nuclear fuel."  Fuel that has been withdrawn from a
    16  nuclear reactor following irradiation, the constituent elements
    17  of which have not been separated by reprocessing.
    18     "Transuranic waste."  Radioactive waste containing more than
    19  3.7 kilobecquerels (KBq) (100 nanocuries) of alpha-emitting
    20  transuranic isotopes per gram of waste, with half-lives greater
    21  than 20 years, except for high-level waste.
    22  Section 302.  Powers of Environmental Quality Board.
    23     (a)  Powers and duties.--The Environmental Quality Board or
    24  its successor shall have the power and its duty shall be to
    25  adopt the rules and regulations of the department to accomplish
    26  the purposes and carry out the provisions of this act.
    27     (b)  Review of department fee structure.--The Environmental
    28  Quality Board or its successor shall review every [four] three
    29  years the fee structure as authorized by [sections 401 and
    30  402(b)] section 401.
    20070H0496B1440                  - 4 -     

     1     Section 2.  Section 402 of the act, repealed in part December
     2  18, 1992 (P.L.1638, No.180), is amended to read:
     3  Section 402.  Nuclear facility and transport fees.
     4     (a)  General rule.--Persons engaged in the business of
     5  producing electricity utilizing nuclear energy, operating
     6  facilities for storing away-from-reactor spent nuclear fuel [for
     7  others] or fabrication of nuclear reactor fuel or shipping spent
     8  nuclear fuel, high-level waste, transuranic waste or a large
     9  quantity of radioactive material shall pay fees to cover the
    10  costs of the programs related to their activities as required by
    11  this act.
    12     (b.1)  Department fees.--
    13         (1)  Within 30 days of the effective date of this
    14     subsection each person who has a current nuclear power
    15     reactor construction permit or operating license from the NRC
    16     for a site within this Commonwealth shall pay the department
    17     $100,000 per nuclear power reactor site, regardless of the
    18     number of individual nuclear power reactors located at the
    19     site. By July 1, 2008 2007, and July 1 of each year            <--
    20     thereafter, each person who has a current nuclear power
    21     reactor construction permit or operating license from the NRC
    22     for a site within this Commonwealth shall pay the department
    23     an annual fee of $550,000 per nuclear power reactor site,
    24     regardless of the number of individual nuclear power reactors
    25     located at the site. For the purposes of this subsection
    26     only, a nuclear power reactor site shall be deemed to be the
    27     location of one or more individual nuclear power reactors
    28     which still has spent nuclear fuel stored onsite, has not
    29     been fully dismantled and decommissioned pursuant to
    30     applicable Federal law and regulations, and has not been
    20070H0496B1440                  - 5 -     

     1     granted license termination by the NRC.
     2         (2)  By July 1 of each year, each person who has applied
     3     for or currently holds a valid license from the NRC to
     4     operate an away-from-reactor spent nuclear fuel storage
     5     facility within this Commonwealth shall pay to the department
     6     an annual fee of $250,000 per site.
     7         (3)  By July 1 of each year, each person who has approval
     8     from the Department of Energy, or has applied for or
     9     currently holds a valid license from the NRC, to operate a
    10     reactor fuel fabrication facility within this Commonwealth
    11     shall pay to the department an annual fee of $250,000 per
    12     site.
    13         (4)  Prior to the date of a shipment that requires an
    14     escort, each shipper of spent nuclear fuel, high-level waste,
    15     transuranic waste or a large quantity of radioactive material
    16     who ships to, within, through or across this Commonwealth
    17     shall pay to the department a fee of $500 per individual
    18     vehicle shipment or $1,000 per railroad or river barge
    19     shipment.
    20         (5)  Every three years beginning in 2009, the department
    21     shall convene a working group consisting of personnel from
    22     the department selected by the secretary and an equal number
    23     of representatives from the nuclear facilities, selected by
    24     the owners of those facilities, to review the nuclear
    25     facility fees paid to the department, related issues that may
    26     have an impact on those fees and the expenditures made by the
    27     department in administering its radiation protection
    28     programs. This working group shall issue a report to the
    29     General Assembly outlining its findings of fact and its
    30     recommendations relative to the fees imposed by the
    20070H0496B1440                  - 6 -     

     1     department pursuant to this section, including any individual
     2     or minority recommendations from members of the working
     3     group.
     4     (b.2)  Actual department cost recovery.--The following
     5  individual nuclear power reactors shall be subject to actual
     6  department cost recovery for decommissioning oversight
     7  responsibilities, with these costs to be tracked by site and
     8  invoiced to the person holding the NRC reactor license at the
     9  end of each Commonwealth fiscal quarter:
    10         (1)  Peach Bottom Atomic Power Station, Unit 1.
    11         (2)  Three Mile Island Nuclear Generating Station, Unit
    12     2.
    13  The two individual nuclear power reactors specified in this
    14  subsection are not subject to the fees described in subsections
    15  (b.1)(1) and (c)(1.1).
    16     (c)  Agency fees.--
    17         [(1)  Each person who has received or has applied for a
    18     nuclear power reactor facility operating license from the NRC
    19     shall pay to the agency a one-time fee of $200,000 per site
    20     within 30 days of the effective date of this act and an
    21     annual fee of $100,000 per site payable by July 1 of each
    22     year, regardless of the number of power reactors per site.]
    23         (1.1)  (i)  Within 30 days of the effective date of this
    24         paragraph each person who has a current nuclear power
    25         reactor construction permit or operating license from the
    26         NRC, for a site within this Commonwealth, shall pay the
    27         agency, regardless of the number of individual nuclear
    28         power reactors located at the site, $100,000 to be
    29         collected and used by the agency in accordance with the
    30         provisions of 35 Pa.C.S. § 7320 (relating to radiological
    20070H0496B1440                  - 7 -     

     1         emergency response preparedness, planning and recovery
     2         program) and $50,000 to be collected and used by the
     3         agency for radiological emergency response equipment,
     4         planning, training and exercise costs involving nonagency
     5         personnel. By July 1, 2008 2007, and July 1 of each year   <--
     6         thereafter, each person who has a current nuclear power
     7         reactor construction permit or operating license from the
     8         NRC, for a site within this Commonwealth, shall pay the
     9         agency the following fees, regardless of the number of
    10         individual nuclear power reactors located at the site:
    11                 (A)  $200,000 to be collected and used by the
    12             agency in accordance with the provisions of 35
    13             Pa.C.S. § 7320.
    14                 (B)  $150,000 to be collected and used by the
    15             agency for radiological emergency response equipment,
    16             planning, training and exercise costs involving
    17             nonagency personnel.
    18             (ii)  Payments collected under this section shall be
    19         deposited into the Radiological Emergency Response
    20         Planning and Preparedness Program Fund established
    21         pursuant to 35 Pa.C.S. § 7320(c). For the purposes of
    22         this subsection only, a nuclear power reactor site shall
    23         be deemed to be the location of one or more individual
    24         nuclear power reactors which still has spent nuclear fuel
    25         stored onsite, has not been fully dismantled and
    26         decommissioned pursuant to applicable Federal law and
    27         regulations and has not been granted license termination
    28         by the NRC.
    29         (2)  [Each] By July 1 of each year, each person who has
    30     applied for or [received a valid] holds a current license
    20070H0496B1440                  - 8 -     

     1     from the NRC to operate an away-from-reactor spent nuclear
     2     fuel storage facility within this Commonwealth shall pay to
     3     the agency an annual fee of [$50,000 per site payable by July
     4     1 of each year] $75,000 per site.
     5         (3)  [Each] By July 1 of each year, each person who has
     6     approval from the Department of Energy, or has applied for or
     7     [received a valid] holds a current license from the NRC to
     8     operate a reactor fuel fabrication facility within this
     9     Commonwealth shall pay to the agency an annual fee of
    10     [$50,000 per site payable by July 1 of each year] $75,000 per
    11     site.
    12         (4)  [Each] Prior to the proposed date of a shipment that
    13     requires an escort, each shipper of spent [reactor fuel]
    14     nuclear fuel, high-level waste, transuranic waste or a large
    15     quantity of radioactive material who ships to, within,
    16     through or across the boundaries of this Commonwealth shall
    17     pay to the agency a fee of [$1,000 per shipment, payable
    18     prior to the proposed date of shipment.] $2,500 per
    19     individual vehicle shipment or $4,500 per railroad car or
    20     river barge shipment.
    21         (5)  Every three years beginning in 2011 2009, the agency  <--
    22     shall convene a working group consisting of personnel from
    23     the agency selected by the director and an equal number of
    24     representatives from the nuclear facilities, selected by the
    25     owners of those facilities, to review the nuclear facility
    26     fees paid to the agency, related issues that may have an
    27     impact on those fees and the expenditures made by the agency
    28     in administering its radiation protection programs. This
    29     working group shall issue a report to the General Assembly
    30     outlining its findings of fact and its recommendations
    20070H0496B1440                  - 9 -     

     1     relative to the fees imposed by the agency pursuant to this
     2     section, including any individual or minority recommendations
     3     from members of the working group.
     4     (d)  [PSP] Pennsylvania State Police fees.--
     5         (1)  Each shipper of spent [reactor fuel] nuclear fuel,
     6     high-level waste, transuranic waste or a large quantity of
     7     radioactive material who ships to, within, through or across
     8     the Commonwealth shall reimburse the [PSP] Pennsylvania State
     9     Police for the actual costs, as determined by the
    10     Pennsylvania State Police, to provide escort service. [at the
    11     following rates: $20 per hour per officer and 50¢ per mile
    12     for highway shipments. Rail shipments shall be based on a
    13     rate of $25 per hour per officer.] If the shipment is
    14     canceled following [PSP] notification for escort service, the
    15     shipper shall compensate the [PSP] Pennsylvania State Police
    16     at an appropriate rate for [four] total hours of officers'
    17     time.
    18         (2)  [The PSP may adjust the rates by regulation as
    19     prevailing wage rates and transportation costs change.] The
    20     Pennsylvania State Police may establish a schedule of fees
    21     for escort, and revise such fees on an annual basis. Such
    22     fees shall be published in the Pennsylvania Bulletin.
    23     (e)  Penalties.--Any person violating any provision of this
    24  chapter shall be subject to the penalties and enforcement
    25  provisions of section 309(a) and (b).
    26     Section 3.  Sections 403 and 502 of the act are amended to
    27  read:
    28  Section 403.  Creation of special funds.
    29     (a)  Radiation Protection Fund.--There is hereby created in
    30  the General Fund a restricted account to be known as the
    20070H0496B1440                 - 10 -     

     1  Radiation Protection Fund. Fees and penalties received under
     2  sections 401 [and 402(b)], 402(b.1)(1), (2), (3) and (4) and
     3  costs recovered under section 402(b.2) shall be deposited in
     4  this fund and are hereby appropriated to the department for the
     5  purpose of carrying out its powers and duties under this act.
     6     (b)  Radiation Emergency Response Fund.--There is hereby
     7  created in the General Fund a restricted account to be known as
     8  the Radiation Emergency Response Fund. Fees received under
     9  section [402(c)(1),] 402(c)(1.1), (2) and (3) shall be deposited
    10  in this fund as provided and are hereby appropriated to the
    11  agency for the purpose of carrying out its responsibilities
    12  under Chapter 5.
    13     (c)  Radiation Transportation Emergency Response Fund.--There
    14  is hereby created in the General Fund a restricted account to be
    15  known as the Radiation Transportation Emergency Response Fund.
    16  Fees received under section 402(c)(4) shall be deposited in this
    17  fund and are hereby appropriated to the agency for the purpose
    18  of carrying out its responsibilities under Chapter 6.
    19  Section 502.  Response program.
    20     In conjunction with the department, the agency shall develop
    21  a Radiation Emergency Response Program for incorporation into
    22  the Pennsylvania Emergency Management Plan [development]
    23  developed by the agency pursuant to Title 35 of the Pennsylvania
    24  Consolidated Statutes (relating to health and safety). Any
    25  volunteer organizations which are incorporated into the
    26  Radiation Emergency Response Program developed under the
    27  authority of this act shall be consulted prior to such
    28  incorporation. The Radiation Emergency Response Program shall
    29  include an assessment of potential nuclear accidents or
    30  incidents, the radiological consequences and necessary
    20070H0496B1440                 - 11 -     

     1  protective measures required to mitigate the effects of such
     2  accidents or incidents. The program shall include, but not be
     3  limited to:
     4         (1)  Development of a detailed fixed nuclear emergency
     5     response plan for areas surrounding each nuclear electrical
     6     generation facility, nuclear fuel fabricator and away-from-
     7     reactor storage facility. The term "areas" shall be deemed to
     8     mean the emergency response zone designated by the [NCR] NRC
     9     Emergency Response Plan applicable to each such fixed nuclear
    10     facility.
    11         (2)  Notification by nuclear power facility operating
    12     licensees of municipalities within the areas set forth in
    13     paragraph (1) of unusual radioactivity as defined in section
    14     301(d).
    15         (3)  Training and equipping of State and local emergency
    16     response personnel.
    17         (4)  Periodical exercise of the accident scenarios
    18     designated in the NRC Emergency Response Plan applicable to
    19     each fixed nuclear facility.
    20         (5)  Procurement of specialized supplies and equipment.
    21         (6)  Provisions for financial assistance to
    22     municipalities, school districts, volunteer and State
    23     agencies as provided for in section 503.
    24         (7)  At a minimum, each nuclear power reactor owner shall
    25     provide to the department existing plant and radiological
    26     monitoring data collected by that owner, derived from
    27     equipment and monitoring methods installed by each owner in
    28     accordance with the requirements of its license by the
    29     Nuclear Regulatory Commission. By July 1, 2010 2008, each      <--
    30     plant owner shall enter into an agreement with the department
    20070H0496B1440                 - 12 -     

     1     establishing the protocols for providing such data to the
     2     department through an expedited, secure process. Nothing in
     3     this section shall be construed to diminish or abrogate any
     4     existing agreement between the department and a plant owner
     5     to provide data for the purpose of monitoring plant and
     6     radiological conditions important to the protection of the
     7     general public.
     8     Section 4.  The heading of Chapter 6 of the act is amended to
     9  read:
    10                             CHAPTER 6
    11          TRANSPORTATION OF [SPENT NUCLEAR FUEL] RADIATION          <--
    12                        RADIOACTIVE MATERIAL                        <--
    13     Section 5.  Sections 601, 602, 603 and 604 of the act are
    14  amended to read:
    15  Section 601.  General rule.
    16     It is unlawful for any person to transport upon the highways,
    17  waterways or rails of this Commonwealth any spent nuclear fuel,
    18  high-level waste, transuranic waste or a large quantity of
    19  radioactive material unless that person notifies the agency in
    20  advance [of transporting the spent nuclear fuel] in accordance
    21  with [10 C.F.R. 71.5(a) and (b).] 10 CFR Pt. 71 (relating to
    22  packaging and transportation of radioactive material) regarding
    23  advanced notification of shipment of irradiated reactor fuel and
    24  nuclear waste. Notification requirements for transuranic waste
    25  or a large quantity of radioactive material shall be the same as
    26  required for irradiated reactor fuel and nuclear waste.
    27  Section 602.  Escort requirements.
    28     All shipments of spent nuclear fuel or high-level waste
    29  shipped to, within, through or across the boundaries of the
    30  Commonwealth shall be escorted by the Pennsylvania State Police.
    20070H0496B1440                 - 13 -     

     1  All shipments of transuranic waste or large quantities of
     2  radioactive material shipped to, within, through or across the
     3  boundaries of this Commonwealth may, at the discretion of the
     4  Pennsylvania State Police in consultation with the department,
     5  be escorted by the Pennsylvania State Police.
     6  Section 603.  Authorization.
     7     Spent nuclear fuel, high-level waste, transuranic waste or a
     8  large quantity of radioactive material shipments shall be
     9  authorized by the agency subject to the Commonwealth's authority
    10  to delay individual highway, waterway and rail shipments due to
    11  specific holiday [or safety], safety or security considerations
    12  including, but not limited to, weather, highway, waterway or
    13  rail conditions.
    14  Section 604.  Radiation Transportation Emergency Response Plan.
    15     (a)  Planning.--The agency shall develop the Transportation
    16  Emergency Response Plan to respond to accidents involving the
    17  shipment of spent [fuel] nuclear fuel, high-level waste,
    18  transuranic waste or a large quantity of radioactive material.
    19  The plan shall:
    20         (1)  Incorporate local agencies and volunteer
    21     organizations along the preprescribed routes [for] of
    22     transport [of spent fuel].
    23         (2)  Incorporate any Commonwealth agency responsible for
    24     protection of the health and safety of the public as
    25     necessary and approved by the specific agency.
    26     (b)  Funding of State and local agencies.--Funds received
    27  under section 402(c)(4) shall be used to train and equip State
    28  and local agencies and volunteer organizations in accordance
    29  with regulations adopted by the council to implement the plan.
    30     Section 6.  Repeals are as follows:
    20070H0496B1440                 - 14 -     

     1         (1)  The General Assembly declares that the repeals under
     2     paragraph (2) are necessary to effectuate the amendment of
     3     sections 103, 302, 402, 403, 502 and 603 of the act.
     4         (2)  The following acts and parts of acts are repealed:
     5             (i)  Sections 616-A(3) and 1904-A.2 of the act of
     6         April 9, 1929 (P.L.177, No.175), known as The
     7         Administrative Code of 1929.
     8             (ii)  35 Pa.C.S. § 7320(d).
     9         (3)  All other acts and parts of acts are repealed
    10     insofar as they are inconsistent with this act.
    11     Section 7.  This act shall take effect immediately.













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