Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 311-S.F.No. 1202 
           An act relating to environment; establishing a siting 
          process for a low-level radioactive waste facility; 
          providing for volunteer sites and an alternative site 
          selection process; establishing a siting board; 
          appropriating money; amending Minnesota Statutes 1986, 
          sections 116C.832, subdivision 1, and by adding 
          subdivisions; 116C.834; and 116C.842, subdivision 3; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 116C. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 116C.832, 
subdivision 1, is amended to read:  
    Subdivision 1.  [TERMS DEFINED IN COMPACT.] The terms 
defined in article II of the Midwest Interstate Low-Level 
Radioactive Waste Compact have the meanings given them for the 
purposes of sections 116C.833 to 116C.843 and sections 6 to 9.  
    Sec. 2.  Minnesota Statutes 1986, section 116C.832, is 
amended by adding a subdivision to read: 
    Subd. 7.  [SITE.] "Site" means a site for construction and 
operation of a low-level radioactive waste facility.  
    Sec. 3.  Minnesota Statutes 1986, section 116C.832, is 
amended by adding a subdivision to read: 
    Subd. 8.  [SITING BOARD.] "Siting board" means the 
low-level radioactive waste facility siting board established 
under section 7, subdivision 1.  
    Sec. 4.  Minnesota Statutes 1986, section 116C.834, is 
amended to read:  
    Subdivision 1.  [COSTS.] All costs incurred by the state to 
carry out its responsibilities under the compact and under 
sections 116C.833 to 116C.843 shall be paid by generators of 
low-level radioactive waste in this state through fees assessed 
by the pollution control agency.  The agency shall assess the 
fees in the manner provided in section 16A.128.  Fees may be 
reasonably assessed on the basis of volume or degree of hazard 
of the waste produced by a generator.  Costs for which fees may 
be assessed include, but are not limited to:  
    (a) the state contribution required to join the compact;  
    (b) the expenses of the Commission member and costs 
incurred to support the work of the interstate commission;  
    (c) regulatory costs, including but not limited to costs of 
adopting and enforcing regulations if the state enters into a 
limited agreement with the United States Nuclear Regulatory 
Commission to assume state regulation of transportation and 
packaging, or disposal, of low-level radioactive wastes; and 
    (d) siting costs of a low-level radioactive waste facility 
under section 116C.842 and sections 6 to 9 to the extent that 
the costs are reasonably attributable to waste generated in this 
state; and 
    (e) any liability the state may incur as a party state to 
the compact.  
     Subd. 2.  [COLLECTION AND DEPOSIT.] Fees assessed under 
subdivision 1 shall be collected by the commissioner of 
revenue.  All money received pursuant to this subdivision shall 
be deposited in the general special revenue fund. 
    Sec. 5.  Minnesota Statutes 1986, section 116C.842, 
subdivision 3, is amended to read:  
    Subd. 3.  [DEVELOPMENT OF A SITING PROCESS.] In the event 
that Minnesota is designated by the interstate commission to be 
a host state for a regional low-level radioactive waste 
facility, the agency low-level waste facility siting board 
established under section 7, subdivision 1, shall develop a 
siting process and report to the governor, the advisory 
committee, and the legislature with.  The siting board shall 
prepare recommendations for legislation including siting 
criteria, procedures for public participation, licensing, 
regulation, and bonding requirements.  The siting process which 
is recommended recommendations shall include bonding 
requirements sufficient to cover any costs of monitoring the 
facility and providing for its safety and security in the event 
that the licensee discontinues operation, management, or 
supervision of the facility for so long as the materials stored 
or treated at the facility pose a threat to the public health.  
    Sec. 6.  [116C.845] [SITING DETERMINATION.] 
    If the governor determines that a low-level radioactive 
waste facility should be sited in the state, the governor shall 
issue an executive order and notify the chair of the 
environmental quality board, the director, and the chair of the 
advisory committee.  The governor must determine whether a 
low-level radioactive waste facility should be sited in the 
state by ten days after: 
    (1) Minnesota is designated as a host state by the 
interstate commission under the compact; 
    (2) Minnesota volunteers as a host state for a regional 
facility under the compact; or 
    (3) Minnesota withdraws from the compact.  
    Sec. 7.  [116C.846] [SITING BOARD.] 
    Subdivision 1.  [ESTABLISHMENT.] The low-level radioactive 
waste facility siting board is established to select a facility 
site when the governor issues an executive order that a facility 
should be sited.  
    Subd. 2.  [MEMBERSHIP.] (a) The siting board has 11 members 
consisting of the commissioner of natural resources, 
commissioner of transportation, chair of the environmental 
quality board, and eight citizen members representing each of 
the eight congressional districts.  
    (b) The governor must appoint the eight citizen members of 
the siting board by 30 days after the executive order for siting 
a facility is issued. 
    (c) The chair of the environmental quality board is the 
chair of the siting board.  
    Subd. 3.  [STAFFING AND ADMINISTRATION.] The environmental 
quality board shall provide staffing and administrative 
assistance for the siting board. 
    Subd. 4.  [COMPENSATION.] The citizen members of the siting 
board shall be compensated as provided in section 15.0575. 
    Subd. 5.  [TERMINATION.] The siting board is terminated 
when the siting process is finished.  
    Sec. 8.  [116C.847] [SITING CRITERIA.] 
    Subdivision 1.  [HEALTH, SAFETY, AND ENVIRONMENTAL 
CONSIDERATIONS.] The siting board must maintain health, safety, 
and environmental considerations above all other siting criteria.
    Subd. 2.  [VOLUNTEER SITE PREFERRED.] The siting board 
shall attempt to select a site from an area proposed in the 
volunteer siting process.  
    Subd. 3.  [SITING BOARD TO SEEK AGREEMENTS AND RESOLUTIONS 
OF INTEREST.] The chair shall actively solicit, encourage, and 
assist counties, together with developers, landowners, the local 
business community, and other interested parties, in developing 
resolutions of interest to enter an agreement to investigate the 
feasibility of siting a low-level radioactive waste facility.  
    Subd. 4.  [COUNTY RESOLUTION OF INTEREST.] A county may 
begin to negotiate an agreement to evaluate siting a low-level 
radioactive facility after the county board files with the 
siting board a resolution of interest adopted by the county 
board that expresses the county board's interest in negotiations 
and its willingness to accept the preliminary evaluation of one 
or more study areas in the county for consideration as a 
location of a facility.  
    Subd. 5.  [ECONOMIC DEVELOPMENT IMPACT.] The commissioner 
of energy and economic development must analyze the effects on 
businesses and the local economy and anticipated effects on 
local communities by a low-level radioactive waste facility.  
    Sec. 9.  [116C.848] [NONVOLUNTEER SITING PROCESS.] 
    If a site is not selected from the volunteer siting 
process, the site selection shall proceed from the process 
developed under section 116C.842. 
     Sec. 10.  [APPROPRIATIONS.] 
    $1,320,000, but not more than the fees anticipated to be 
received from the assessment against low-level radioactive waste 
generators under Minnesota Statutes, section 116C.834, is 
appropriated from the special revenue fund to the environmental 
quality board to pay for costs of the siting board for expenses 
incurred under Minnesota Statutes, section 116C.842 and sections 
8 and 9.  The approved complement of the state planning agency 
is increased by seven positions.  $660,000 is for fiscal year 
1988 and $660,000 is for fiscal year 1989. 
    Sec. 11.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved May 28, 1987