1.1 	A bill for an act
1.2 	relating to radioactive waste; imposing a fee for
1.3 	transportation of radioactive waste or material;
1.4 	amending Minnesota Statutes 2004, section 116C.731,
1.5 	subdivision 3.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 116C.731,
1.8 	subdivision 3, is amended to read:
1.9 		Subd. 3.Transportation fee. (a) A person shipper who
1.10 	intends to transport high level radioactive waste or material 
1.11 	shall submit a transportation fee to the commissioner of public
1.12 	safety in the amount of $1,000 for each vehicle carrying high
1.13 	level radioactive waste in each shipment with the information
1.14 	required in subdivision 1. All fees must be received by the
1.15 	commissioner prior to shipment.The fees shall be deposited by
1.16 	the commissioner into the general fund.are as follows:
1.17 	(1) $2,500 for each container of high-level radioactive
1.18 	waste, spent nuclear fuel, or a highway-route-controlled
1.19 	quantity of radioactive material.  For purposes of this clause,
1.20 	"high-level radioactive waste" does not include transuranic
1.21 	waste; and 
1.22 	(2) $250 for each container of low-level radioactive waste
1.23 	or transuranic waste.
1.24 	(b) The cost of any security associated with escorting
1.25 	shipments of radioactive waste or material must be borne by the
2.1 	shipper.
2.2 	(c) In addition to the fee provided for in paragraph (a),
2.3 	an annual fee to pay for activities under the emergency response
2.4 	plan described in subdivision 4 in an amount set by the
2.5 	commissioner must be paid to the commissioner of public safety
2.6 	by the owners of the nuclear powered electric generating plants
2.7 	in the state.  By October 30 of each year, the commissioner of
2.8 	public safety shall determine plan expenses for the next
2.9 	calendar year minus other funds, including state and federal
2.10 	funds available and committed to that purpose, and set the
2.11 	annual fee accordingly.  Section 16A.1283 does not apply to fees
2.12 	set under this paragraph.
2.13 	(d) The commissioner may only charge a fee under paragraph
2.14 	(b) if there are not sufficient federal or other funds available
2.15 	to pay for the activity.  The commissioner may reduce or
2.16 	eliminate the fee under paragraph (a) if the commissioner
2.17 	determines there are sufficient federal or other funds available
2.18 	to pay for the activities to be funded by the fee.
2.19 	(e) The nuclear waste transportation account is created in
2.20 	the special revenue fund in the state treasury.  All fees paid
2.21 	under this subdivision must be deposited in the nuclear waste
2.22 	transportation account.  Money in the account is appropriated to
2.23 	the commissioner for the emergency response plan described in
2.24 	subdivision 4.