Whereas, it is crucial that the Legislature clarify the necessary authority of state environmental and health agencies to identify and properly oversee the cleanup of radioactive and toxic contamination at the Maine Yankee nuclear power plant site during decommissioning; and

Whereas, without this necessary authority neither the public nor businesses interested in potential reuse of the Maine Yankee site can be assured that the site meets the environmental and health standards established by the State; and

Whereas, the decommissioning of the Maine Yankee nuclear power plant is currently underway on a "fast track" and within the next year the existing structure will be demolished or shipped off site; and

Whereas, due to the fast-track nature of the decommissioning, if the necessary authority of state agencies is not clarified as soon as possible by the Legislature, the decommissioning process will proceed beyond the point at which state environmental and health agencies can adequately determine that state standards have been met and public health and the environment have been protected; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA §664, sub-§2, as amended by PL 1997, c. 686, §5, is further amended to read:

2. Monitoring. Each facility licensee shall permit monitoring, for the purposes of this chapter, of the premises, equipment and materials, including source, special nuclear and by-product materials, in its possession or use, or subject to its control and any vehicle or means of transportation used to remove materials or equipment from the site, including, but not limited to, by rail, water, roadway or air. For the purposes of this subsection, "monitoring" means observing the conduct of operations, including maintenance, quality assurance activities, the preparation, transportation and handling of radioactive waste, emissions monitoring, radiation protection and the observation of emergency preparedness tests and drills. Nothing in this chapter prohibits a State Nuclear Safety Inspector from