Minnesota Legislature
HF 2440
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:04am
Bill Text Versions
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| Introduction | Posted on 01/08/2010 |
Current Version - as introduced
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A bill for an act
relating to nuclear waste; creating the Minnesota Nuclear Waste Storage
Commission; requiring fees paid by Minnesota ratepayers for permanent storage
of high-level radioactive waste to be remitted to the commissioner of homeland
security and emergency management; modifying nuclear waste escrow account;
appropriating money; amending Laws 1997, chapter 201, section 1; proposing
coding for new law in Minnesota Statutes, chapter 116C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[116C.7781] DEFINITIONS.
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For the purposes of sections 116C.7781 to 116C.7783:
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(1) "high-level radioactive waste" has the meaning given in section 116C.71,
subdivision 2f;
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(2) "commission" means the Minnesota Nuclear Waste Storage Commission; and
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(3) "host community" means the Prairie Island Indian Community in Minnesota, the
city of Red Wing, or the city of Monticello.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 2.
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[116C.7783] MINNESOTA NUCLEAR WASTE STORAGE
COMMISSION.
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new text begin Subdivision 1. new text end
new text begin Establishment. new text end
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(a) The Minnesota Nuclear Waste Storage
Commission is established under the Office of Emergency Preparedness, Response and
Recovery in the Department of Health to carry out the duties specified in subdivision 2.
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(b) The commission consists of ten members:
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(1) the commissioner of homeland security and emergency management, or the
commissioner's designee;
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(2) the commissioner of commerce, or the commissioner's designee;
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(3) the commissioner of the Pollution Control Agency, or the commissioner's
designee;
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(4) the commissioner of natural resources, or the commissioner's designee;
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(5) the director of the Office of Emergency Preparedness, Response and Recovery in
the Department of Health, or the director's designee;
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(6) one representative each from the cities of Monticello and Red Wing, appointed
by their respective mayors;
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(7) one representative from the Prairie Island Indian Community, appointed by
the community's tribal council;
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(8) one representative who is not a legislator, appointed by the speaker of the
house; and
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(9) one representative who is not a legislator, appointed by the president of the senate.
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(c) The commission shall elect two co-chairs from among its members, at least one
of whom must be a representative from a host community.
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(d) Members of the commission shall serve a term of four years and may be
reappointed for any successive number of terms.
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(e) The Department of Health shall provide the commission with office space and
staff and administrative services.
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new text begin Subd. 2. new text end
new text begin Duties. new text end
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(a) The commission shall develop a strategy for long-term storage
of high-level radioactive waste from nuclear generating plants operating in Minnesota.
The commission shall, by January 15, 2012, and every three years thereafter, prepare a
storage plan that addresses, at a minimum, the following issues:
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(1) management and security of high-level radioactive waste storage;
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(2) continuous monitoring of the performance of the storage casks and facility;
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(3) continuous monitoring of the environment surrounding the storage facility,
including air, surface water, groundwater, soil, and vegetation;
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(4) monitoring the health of residents of nearby communities;
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(5) maintenance and periodic replacement of casks, as recommended by the federal
Nuclear Regulatory Commission and industry standards; and
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(6) identification of any additional technologies or equipment that reduce the
toxicity or volume of stored high-level radioactive waste or that contribute to its safe and
efficient handling.
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(b) The commission may fund programs, projects, studies, and plans that address,
at a minimum, the long-term high-level radioactive waste storage issues specified in
paragraph (a) and may purchase and install equipment to monitor the environmental
impacts of storage.
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(c) The commission shall recognize the special risks, responsibilities, and financial
burdens imposed by the presence of high-level radioactive waste storage facilities on host
communities and shall ensure that host communities are adequately funded to provide
public safety and other necessary services, including fire and police protection, emergency
medical response, and other emergency operations, so long as high-level radioactive
waste is stored at those facilities.
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(d) The commission shall annually transfer 75 percent of the amount it receives from
the nuclear waste escrow account established in section 3 in equal proportion to the host
communities for the services specified in paragraph (c), unless the host communities agree
to an alternative allocation. The funds transferred to the host communities are:
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(1) to supplement, not substitute for, funds available under section 12.14 or remitted
as local tax payments by a person owning a nuclear generating plant; and
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(2) not to be considered in calculating utility valuation transition aid under section
477A.16.
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new text begin Subd. 3. new text end
new text begin Staff. new text end
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The commission may hire staff and contract with consultants to
carry out the duties specified in subdivision 2.
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new text begin Subd. 4. new text end
new text begin Expiration. new text end
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This section expires when the federal government removes all
high-level radioactive waste stored in Minnesota for transport and disposal in a permanent
storage facility.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 3.
Laws 1997, chapter 201, section 1, is amended to read:
Section 1. NUCLEAR WASTE ESCROW ACCOUNT.
new text begin Subdivision 1. new text end
new text begin Remittance of proceeds. new text end
new text begin (a) new text end Beginning July 1, deleted text begin 1997deleted text end new text begin 2010new text end , the
public utilities commission deleted text begin maydeleted text end new text begin shallnew text end direct persons in Minnesota that are generating or
holding title to high-level radioactive waste or spent nuclear fuel and that are subject to
the fee specified under United States Code, title 42, section 10222, to remit the proceeds
of that fee to the commissioner of deleted text begin public servicedeleted text end new text begin homeland security and emergency
managementnew text end . The commissioner shall place all revenues collected from this fee into deleted text begin an
interest-bearing escrowdeleted text end new text begin thenew text end accountnew text begin established in subdivision 2, subject to paragraph (b)new text end .
deleted text begin The commissioner shall release the funds in the escrow account to the secretary of the
federal Department of Energy upon a showing by the secretary that a federal repository
for the long-term storage and permanent disposal of spent nuclear fuel and high-level
radioactive waste is operating and currently accepting such materials.
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This section is intended to enable the state of Minnesota to adopt or implement
any appropriate relief granted by a court of competent jurisdiction for the United States
Department of Energy breach of its obligations to dispose of commercial spent nuclear
fuel not later than January 31, 1998.
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(b) A person remitting the proceeds of the fee described in paragraph (a) to the
commissioner of homeland security and emergency management shall continue doing so
until all nuclear generating plants located in this state that are owned by the person cease
to generate electricity from nuclear fuel or until federal action releases the person that
owns a nuclear power plant from financial obligations under United States Code, title
42, section 10222, whichever occurs first.
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new text begin Subd. 2. new text end
new text begin Creation of account; appropriations. new text end
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(a) The nuclear waste escrow
account is created and shall be administered according to this subdivision. The
commissioner of homeland security and emergency management must deposit proceeds
from the fee specified in subdivision 1 in the account. Any interest earned on the account
must be credited to the account. Money from other sources may be credited to the account.
Money deposited in the account that is not appropriated does not cancel to the general
fund, but remains in the account.
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(b) Until June 30, 2034, 50 percent of the money in the account is annually
appropriated to the commissioner of homeland security and emergency management for
transfer to the Minnesota Nuclear Waste Storage Commission.
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(c) Fifty percent of the annual revenues deposited in the account must remain in the
account and may not be appropriated until the nuclear generating plants that produced the
waste have been fully decommissioned.
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(d) If high-level radioactive waste continues to be stored in Minnesota after
the nuclear generating plant that generated it begins decommissioning, any unspent
decommissioning revenues accrued for the purpose of maintaining, cooling, or storing
high-level radioactive waste must be transferred to the Minnesota Nuclear Waste Storage
Commission.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 4. new text begin REVISOR'S INSTRUCTION.
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The revisor shall codify Laws 1997, chapter 201, section 1, as Minnesota Statutes,
section 116C.7782.
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