HF 2778

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; authorizing the governor to enter 
  1.3             into an agreement with the United States Nuclear 
  1.4             Regulatory Commission. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [AGREEMENT AUTHORIZED.] 
  1.7      In order to have a comprehensive program to protect the 
  1.8   public from radiation hazards, the governor may enter into an 
  1.9   agreement with the United States Nuclear Regulatory Commission, 
  1.10  under the Atomic Energy Act of 1954, United States Code, title 
  1.11  42, section 2021, paragraph (b).  The agreement may allow the 
  1.12  state to assume regulation over nonpower plant radiation hazards 
  1.13  including certain by-product, source, and special nuclear 
  1.14  materials not sufficient to form a critical mass. 
  1.15     Sec. 2.  [HEALTH DEPARTMENT DESIGNATED LEAD.] 
  1.16     The department of health is designated as the lead agency 
  1.17  to pursue an agreement on behalf of the governor, and for any 
  1.18  assumption of specified licensing and regulatory authority from 
  1.19  the Nuclear Regulatory Commission under an agreement.  The 
  1.20  department may enter into negotiations with the Nuclear 
  1.21  Regulatory Commission for that purpose.  The commissioner of 
  1.22  health shall establish an advisory group to assist the 
  1.23  department in preparing the state to meet the requirements for 
  1.24  achieving an agreement. 
  1.25     Sec. 3.  [RULES.] 
  2.1      The department of health may adopt rules for the state 
  2.2   assumption of regulation under an agreement under this act, 
  2.3   including the licensing and regulation of by-product, source, 
  2.4   and special nuclear material not sufficient to form a critical 
  2.5   mass. 
  2.6      Sec. 4.  [TRANSITION.] 
  2.7      A person who, on the effective date of an agreement under 
  2.8   this act, possesses a Nuclear Regulatory Commission license that 
  2.9   is subject to the agreement shall be deemed to possess a similar 
  2.10  license issued by the department of health.  Licenses shall 
  2.11  expire on the expiration date specified in the federal license. 
  2.12     Sec. 5.  [SUNSET.] 
  2.13     An agreement entered into before August 2, 2002, shall 
  2.14  remain in effect until terminated or suspended under the Atomic 
  2.15  Energy Act of 1954, United States Code, title 42, section 2021, 
  2.16  paragraph (j).  The governor may not enter into an initial 
  2.17  agreement with the Nuclear Regulatory Commission after August 1, 
  2.18  2002.  If an agreement is not entered into, any rules adopted 
  2.19  under this act are repealed on that date.