SF0108 - Nuclear fuel rod storage.
|
2001 |
State of Wyoming |
01LSO-0344 |
SENATE FILE NO. SF0108
Nuclear fuel rod storage.
Sponsored by: Senator(s) Peck and Representative(s) Hines
A BILL
for
1 AN ACT relating to
taxation and revenue; providing for the
2
taxation of a high-level radioactive waste storage facility
3 as
specified; providing for negotiation of benefits as
4
specified; and providing for an effective date.
5
6 Be It Enacted by the Legislature of the State of Wyoming:
7
8 Section
1. W.S. 35-11-1503(d), 35-11-1504(a),
9
(b)(iv)(intro), 35-11-1505 and 35-11-1506(a), (b)(iii),
10 (iv)(D) and by creating a new
paragraph (v) are amended to
11 read:
12
13 35-11-1503. Preparation of the report by
the
14 department.
15
16 (d) The report
shall include a proposed benefits
17 agreement, which shall be negotiated with
the person who
Page 1
1
proposes to site the high-level radioactive waste storage
2
facility by the department of revenue with
cooperation from
3 other appropriate state agencies as requested by the
4 department of revenue.
5
6 35-11-1504. Public review of any report
for the
7 siting of a high-level
radioactive waste storage facility;
8 submission to legislature.
9
10 (a) The
department shall submit any report prepared
11 under W.S. 35-11-1503 for public review as
required under
12 this section. The public shall be afforded
an opportunity
13 to review the report and provide comments to
the director.
14 To the extent practicable, the director
shall hold public
15 hearings throughout the state to receive
comments on the
16 report. The
portion of the report containing the proposed
17 benefits
agreement prepared pursuant to W.S. 35-11-1503(d)
18 shall be made
available for public review under a format
19 agreed upon by
the department of revenue and the person
20 undertaking the
siting.
21
22 (b) Following
any public review of the report as
23 provided in this section, but in no event
before the United
24 States department of energy issues a final
environmental
Page 2
1 impact
statement with the Yucca mountain site
2
recommendation submitted to the president of the United
3
States along with a license application for Yucca mountain
4 as
the permanent repository for high-level radioactive
5
waste, the director shall submit the report to the
6
legislature. The submission by the director shall include:
7
8 (iv) The
proposed benefits agreement, which
9 shall be negotiated by the department
of revenue with
10 cooperation
from other appropriate state agencies,
11 including but not limited to:
12
13 35-11-1505. Benefits agreement.
14
15 (a) No benefits
agreement shall be finally effective
16 until authorized by the legislature under
W.S. 35-11-1506.
17 The benefits agreement shall be sufficient
to offset
18 adverse environmental, public health, social
or economic
19 impacts to the state as a whole, and
specifically to the
20 local area hosting the storage facility. The
benefits
21 agreement shall be attached to and made part
of any permit
22 for the facility. Failure to adhere to the
benefits
23 agreement shall be considered grounds for
enforcement up to
24 and including permit termination. No
benefits agreement as
Page 3
1
provided in this section shall limit or waive any rights
2
afforded to the state by the Nuclear Waste Policy Act, as
3 of
March 1, 1995, including any right to disapprove any
4
site or siting.
5
6 (b) The department of
revenue's recommendation for a
7 benefits agreement shall be made to
the governor and the
8 department of environmental quality
not later than November
9 1, 2001.
10
11 35-11-1506. Legislative approval of the
siting of
12 high-level radioactive waste storage facilities;
13 conditions.
14
15 (a) No
construction may commence, nor shall any high-
16 level radioactive waste storage facility be
sited within
17 this state, unless the legislature has
enacted legislation
18 approving the siting, construction and
operation of the
19 facility including
taxation of the facility and any
20 materials stored
in the facility in accord with this
21 section. Any authorization of a facility
under this section
22 shall not be considered to grant to any
person an exclusive
23 right or franchise to store high-level
radioactive wastes
24 within the state.
Page 4
1
2 (b) The
legislature may authorize one (1) or more
3
facilities under subsection (a) of this section if it finds
4
that:
5
6 (iii) The
proposed benefits agreement is
7
sufficient to offset any adverse environmental, public
8
health, social or economic impacts to the state as a whole,
9 and
specifically to the local area hosting the proposed
10 storage facility;
and
11
12 (iv) Sufficient
safeguards, by contractual
13 assurances or other means, exist to provide
that:
14
15 (D) There
exists either a cooperative
16 agreement between the state and the nuclear
regulatory
17 commission, or such other legally binding
agreement for
18 specific performance between the director
and the
19 applicant, which shall provide for state
regulation of the
20 facility;. and
21
22 (v) The facility will be taxed according to a
23 recommendation
from the department of revenue and accepted
24 by
the legislature. The department of revenue shall
Page 5
1 recommend a fair and equal taxation system for the facility
2 and any materials stored in the
facility. The department's
3 recommendation shall be made to the governor and the
4 department of environmental quality
not later than November
5 1, 2001.
6
7 Section 2. This act is effective immediately upon
8
completion of all acts necessary for a bill to become law
9 as
provided by Article 4, Section 8 of the Wyoming
10 Constitution.
11
12 (END)
Page 6