1.1                          A bill for an act 
  1.2             relating to public safety; restructuring the nuclear 
  1.3             waste council; providing for nuclear security; 
  1.4             appropriating money; amending Minnesota Statutes 2000, 
  1.5             section 116C.711; proposing coding for new law in 
  1.6             Minnesota Statutes, chapters 144; 299A; repealing 
  1.7             Minnesota Statutes 2000, section 116C.712. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 116C.711, is 
  1.10  amended to read: 
  1.11     116C.711 [NUCLEAR WASTE SECURITY COUNCIL.] 
  1.12     Subdivision 1.  [ESTABLISHMENT.] The governor's nuclear 
  1.13  waste council is established.  The commissioner of commerce 
  1.14  shall establish the Minnesota nuclear waste security council to 
  1.15  review objective information and analysis of nuclear waste 
  1.16  issues and to develop state policy regarding the disposal, 
  1.17  storage, and transportation of nuclear waste. 
  1.18     Subd. 2.  [MEMBERSHIP.] The council shall have at least 
  1.19  nine members, consisting of: 
  1.20     (1) the commissioners of health, transportation, and 
  1.21  natural resources, and the commissioner of the pollution control 
  1.22  agency; 
  1.23     (2) four citizen members appointed by the governor; 
  1.24     (3) the director of the Minnesota geological survey; 
  1.25     (4) one additional citizen from each potentially impacted 
  1.26  area may be appointed by the governor if potentially impacted 
  2.1   areas are designated in Minnesota; and 
  2.2      (5) one Indian who is an enrolled member of a federally 
  2.3   recognized Minnesota Indian tribe or band may be appointed by 
  2.4   the governor if potentially impacted areas are designated in 
  2.5   Minnesota and if those areas include Indian country as defined 
  2.6   in United States Code, title 18, section 11.54. 
  2.7      At least two members of the council must have expertise in 
  2.8   the earth sciences.  The commissioner of commerce shall chair 
  2.9   the council whose other members shall consist of: 
  2.10     (1) the commissioners of health, public safety, 
  2.11  transportation, pollution control, and natural resources or the 
  2.12  commissioners' designees; 
  2.13     (2) the chairs of the house and senate policy committees 
  2.14  with jurisdiction over energy and environmental issues or the 
  2.15  chairs' legislative designees; 
  2.16     (3) one enrolled member of a federally recognized Minnesota 
  2.17  tribe or band with ceded territories in Minnesota appointed by 
  2.18  the Minnesota Indian Affairs Council; 
  2.19     (4) one representative of a utility that operates a nuclear 
  2.20  electric generating facility in the state appointed by the 
  2.21  commissioner of commerce; and 
  2.22     (5) one other citizen member appointed by the commissioner 
  2.23  of commerce. 
  2.24     Subd. 3.  [CHAIR DUTIES.] A chair shall be appointed by the 
  2.25  governor from the members of the council.  The council's duties 
  2.26  include: 
  2.27     (1) monitoring developments related to the federal 
  2.28  high-level radioactive waste disposal program under the Nuclear 
  2.29  Waste Policy Act, Public Law Number 97-425; 
  2.30     (2) developing recommendations regarding the appropriate 
  2.31  state regulation of the production, storage, disposal, and 
  2.32  transportation of high-level radioactive waste in the state; 
  2.33     (3) advising the governor and the legislature on all policy 
  2.34  issues relating to those issues; and 
  2.35     (4) developing recommendations for protecting taxpayers and 
  2.36  ratepayers from permanent storage or disposal costs. 
  3.1   The council shall monitor the federal high-level radioactive 
  3.2   waste disposal program under the Nuclear Waste Policy Act, 
  3.3   Public Law Number 97-425, and advise the governor and the 
  3.4   legislature on all policy issues relating to the federal 
  3.5   high-level radioactive waste disposal program.  
  3.6      Subd. 4.  [ADVISORY TASK FORCE ADMINISTRATIVE ISSUES.] The 
  3.7   council may create advisory task forces under section 15.014, as 
  3.8   are necessary to carry out its responsibilities under this 
  3.9   chapter.  The office of long-range and strategic planning shall 
  3.10  provide staff to the council and other member agencies shall 
  3.11  cooperate with the council in the performance of its duties.  An 
  3.12  entity operating a nuclear electric generating facility in the 
  3.13  state shall be assessed under section 216B.62 for the reasonable 
  3.14  administrative costs of the council.  Amounts assessed shall be 
  3.15  deposited into the general fund, credited to the special revenue 
  3.16  fund, and appropriated to the commissioner for the reasonable 
  3.17  administrative costs of the council.  These amounts are in 
  3.18  addition to other amounts appropriated to the commissioner of 
  3.19  commerce.  The council may create advisory task forces under 
  3.20  section 15.014 that are necessary to carry out council 
  3.21  responsibilities under this section.  Section 15.059 governs 
  3.22  terms, compensation, removal, and filing of vacancies of members 
  3.23  appointed by the commissioner. 
  3.24     Subd. 5.  [MEMBERSHIP REGULATION.] Section 15.059 governs 
  3.25  terms, compensation, removal, and filling of vacancies of 
  3.26  members appointed by the governor.  Section 15.059, subdivision 
  3.27  5, does not govern the expiration date of the council. 
  3.28     Sec. 2.  [144.1206] [NUCLEAR PLANT INCIDENTS; PUBLIC 
  3.29  PROTECTION PLAN.] 
  3.30     The commissioner shall develop a plan to protect citizens 
  3.31  after exposure to radiation following leakage of radiation from 
  3.32  a nuclear electric generation facility.  The plan must include 
  3.33  responses to exposures of one individual to exposures due to a 
  3.34  catastrophic event at a plant.  Planning must include the 
  3.35  appropriate stockpiling or access to medical supplies and 
  3.36  equipment, such as potassium iodide, to respond to an incident.  
  4.1   The commissioner shall communicate the plan to the chairs of the 
  4.2   legislative committees having primary jurisdiction over energy 
  4.3   and health issues during the first two weeks of each regular 
  4.4   legislative session.  
  4.5      Sec. 3.  [299A.521] [NUCLEAR PLANT SECURITY.] 
  4.6      The commissioner shall prepare and implement a plan to 
  4.7   protect the security of nuclear power plants.  The plan may 
  4.8   include cooperation with other agencies of local, state, and 
  4.9   federal government.  The commissioner shall communicate the plan 
  4.10  to the chairs of the legislative committees having primary 
  4.11  jurisdiction over energy and public safety issues during the 
  4.12  first two weeks of each regular legislative session.  
  4.13     Sec. 4.  [REPEALER.] 
  4.14     Minnesota Statutes 2000, section 116C.712, is repealed. 
  4.15     Sec. 5.  [EFFECTIVE DATE.] 
  4.16     Sections 1 to 4 are effective the day following final 
  4.17  enactment.