S.P. 792 - L.D. 2119
An Act to Clarify the Responsibilities of the Advisory Commission on Radioactive Waste during the Decommissioning of Maine Yankee
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the decommissioning of the Maine Yankee Atomic Power Plant is already under way and therefore the Advisory Commission on Radioactive Waste should assume its new duties with respect to decommissioning as soon as possible; 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. 5 MRSA §12004-J, sub-§2-A, as enacted by PL 1993, c. 664, §4, is amended to read:
|
Advisory Commission on Radioactive Waste and Decommis-sioning |
Sec. 2. 38 MRSA §1453-A, as amended by PL 1995, c. 642, §§13 and 14, is further amended by repealing and replacing the headnote to read:
§1453-A. Advisory Commission on Radioactive Waste and Decommissioning
Sec. 3. 38 MRSA §1453-A, sub-§1, as enacted by PL 1993, c. 664, §15 and affected by §21, is amended to read:
1. Establishment; purpose. The Advisory Commission on Radioactive Waste and Decommissioning, referred to in this section as the "commission," is established. The commission shall advise the Governor, the Legislature and other pertinent state agencies and entities on matters relating to radioactive waste management and decommissioning of nuclear power plants and provide information to the public and create opportunities for public input in
order to facilitate public understanding of radioactive waste and decommissioning issues.
Sec. 4. 38 MRSA §1453-A, sub-§2, as amended by PL 1995, c. 642, §§13 and 14, is further amended to read:
2. Membership; appointment. The commission consists of 15 17 members, appointed as follows:
A. The commissioner or the commissioner's designee;
B. The Commissioner of Human Services or the commissioner's designee;
C. The State Geologist or a designee;
D. One person from a commercial nuclear power facility situated in the State, appointed by the Governor;
E. Two persons from organizations that hold licenses issued by the State for the use of radioactive material, one appointed by the President of the Senate and one appointed by the Speaker of the House of Representatives;
F. Three Senators, appointed by the President of the Senate, 2 at least one belonging to the political party holding the largest number of seats in the Senate and at least one belonging to the political party holding the 2nd largest number of seats in the Senate. One of the Senators appointed must serve on the joint standing committee of the Legislature having jurisdiction over natural resources matters and one Senator must serve on the joint standing committee of the Legislature having jurisdiction over utility and energy matters;
G. Three members of the House of Representatives, appointed by the Speaker of the House of Representatives, 2 at least one belonging to the political party holding the largest number of seats in the House of Representatives and at least one belonging to the political party holding the 2nd largest number of seats in the House of Representatives. One member of the House of Representatives appointed must serve on the joint standing committee of the Legislature having jurisdiction over natural resources matters and one member of the House of Representatives must serve on the joint standing committee of the Legislature having jurisdiction over utility and energy matters; and
H. Four members of the general public with a knowledge of and interest in the management of radioactive materials and radioactive waste, 2 of whom are appointed by the Governor, one of whom is appointed by the President of the Senate and one of whom is appointed by the Speaker of the House of Representatives. Of these 4 members, one must be a resident of the local community in which the nuclear power plant is located and one must represent a local advisory group on nuclear power plants; and
I. One member representing an environmental advocacy organization, appointed by the Speaker of the House of Representatives.
The terms of the legislative members expire the first Wednesday in December of even-numbered years. The terms of the public member appointed by the President of the Senate, one public member appointed by the Governor and the licensee member appointed by the Speaker of the House of Representatives expire December 31, 1997 and every 2 years thereafter. The terms of the public member appointed by the Speaker of the House of Representatives, the licensee member appointed by the President of the Senate and one public member appointed by the Governor expire December 31, 1996 and every 2 years thereafter. The term of the member representing an environmental advocacy organization expires December 31, 2000 and every 2 years thereafter. Notwithstanding this subsection, any public member or licensee member may be removed by the appointing authority at the pleasure of the appointing authority and a new member may be appointed to complete the term of the preceding appointee. Members may continue to serve until their replacements are designated. Vacancies must be filled by the appointing authority to complete the term of the preceding appointee. The commission shall elect the chair and vice-chair from its membership by majority vote of all members present.
Sec. 5. 38 MRSA §1453-A, sub-§3, ¶A, as enacted by PL 1993, c. 664, §15 and affected by §21, is amended to read:
A. Provide opportunities for public input and disseminate information to the general public and promote public understanding concerning the management of radioactive waste and the decommissioning of nuclear power plants;
Sec. 6. 38 MRSA §1453-A, sub-§3, ¶¶B-1 and B-2 are enacted to read:
B-1. Study issues relating to the decommissioning of nuclear power plants, including, but not limited to, environmental issues;
B-2. Monitor the decommissioning of nuclear power plants;
Sec. 7. 38 MRSA §1453-A, sub-§4, as enacted by PL 1993, c. 664, §15 and affected by §21, is amended to read:
4. Meetings and reports. The commission shall meet at least 4 times a year. The commission shall submit an annual report of activities to the Governor, the President of the Senate, the Speaker of the House of Representatives and, the joint standing committee of the Legislature having jurisdiction over energy and natural resource matters and the joint standing committee of the Legislature having jurisdiction over utility and energy matters by February 15th of each year.
Sec. 8. 38 MRSA §1453-A, sub-§6, as amended by PL 1995, c. 333, §4, is further amended to read:
6. Staff assistance. The Department of Human Services and the department shall provide assistance to the commission in the conduct of its business. The State Nuclear Safety Advisor and the Public Advocate shall provide consultation as requested.
Sec. 9. Allocation and position authorization. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, the Commissioner of Environmental Protection may provide support to the Advisory Commission on Radioactive Waste and Decommissioning by contracted services or by the establishment of one part-time position by financial order and the line category transfer of funds. A position established by financial order terminates on the date of the final operating license termination of the Maine Yankee Atomic Power Plant by the Nuclear Regulatory Commission unless extended through legislative approval.
Sec. 10. Payment by Maine Yankee Atomic Power Plant. The Maine Yankee Atomic Power Plant shall pay $25,000 by July 1st of each year to the Department of Environmental Protection to support legislative allocations to the department associated with the Advisory Commission on Radioactive Waste and Decommissioning. Payments required under this section cease on the date of the final operating license termination of the Maine Yankee Atomic Power Plant by the Nuclear Regulatory Commission. Any unobligated balance remaining must be returned to the Maine Yankee Atomic Power Plant.
Sec. 11. Allocation. The following funds are allocated from Other Special Revenue to carry out the purposes of this Act.
1998-99
ENVIRONMENTAL PROTECTION, DEPARTMENT OF
Maine Environmental Protection Fund
All Other $25,000
Provides funds for staff support to the Advisory Commission on Radioactive Waste and Decommissioning.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective April 3, 1998.
| Revisor of Statutes Homepage | Subject Index | Search | Laws of Maine | Maine Legislature |
