As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                   S. B. No. 11  5            

      1997-1998                                                    6            


                       SENATOR SUHADOLNIK                          8            


                                                                   10           

                           A   B I L L                                          

             To amend sections 3747.05 and 3747.06 and to enact    12           

                section 3747.061 of the Revised Code to clarify    13           

                that the Board of Directors of the Ohio Low-Level               

                Radioactive Waste Facility Development Authority   14           

                may select more than one contractor to execute     15           

                the duties assigned to a contractor for the                     

                development and operation of such a facility and   16           

                to make other changes in the statutes governing    17           

                the Board.                                                      




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        18           

      Section 1.  That sections 3747.05 and 3747.06 be amended     20           

and section 3747.061 of the Revised Code be enacted to read as     21           

follows:                                                                        

      Sec. 3747.05.  (A)  There is hereby created the Ohio         31           

low-level radioactive waste facility development authority.  The   32           

authority is a body both corporate and politic, constituting an    33           

instrumentality of the state.  The exercise by it of the powers    34           

conferred by this chapter in the development, siting,              35           

construction, operation, closure, institutional control, and       36           

long-term care of a facility in this state is and shall be held    37           

to be an essential governmental function of the state.                          

      (B)  The authority shall be governed by a board of           40           

directors initially consisting of twelve members appointed as                   

follows:                                                           41           

      (1)  Four members appointed by the governor, one of whom     44           

shall be a hydrogeologist, one of whom shall be a public health    45           

                                                          2      

                                                                 
professional, one of whom shall be a biologist, and one of whom                 

shall represent the public;                                        46           

      (2)  Four members appointed by the speaker of the house of   49           

representatives, one of whom shall be a professional engineer,                  

one of whom shall represent the public, one of whom shall be a     51           

health physicist, and one of whom shall be a member of a                        

statewide environmental advocacy organization in this state;       52           

      (3)  Four members appointed by the president of the senate,  55           

one of whom shall be a professional engineer, one of whom shall                 

be a soil scientist, one of whom shall represent a generator of    57           

low-level radioactive waste in this state, and one of whom shall   58           

be a geologist.                                                                 

      All members of the board appointed under division (B) of     60           

this section shall have recognized ability, credentials, and       61           

experience and shall be residents of this state.                   62           

      Not later than thirty days after the effective date of this  65           

section SEPTEMBER 8, 1995, the appointing authorities shall        66           

appoint the initial members of the board.  Of those members, each  67           

appointing authority shall appoint one member for a term of three  68           

years, one member for a term of six years, and two members for a   69           

term of nine years.  Thereafter, terms of office shall be for      70           

nine years with each term ending on the same day of the same       71           

month as did the term that it succeeds.                            72           

      (C)  Upon selection by the board under division (A)(12) of   75           

section 3747.06 and section 3747.11 of the Revised Code of the     76           

disposal site proposed for licensure as the facility under         77           

Chapter 3748. of the Revised Code, the speaker of the house of     78           

representatives shall appoint to the board one additional member   79           

representing the host community, who shall be an elected official  80           

of the host community, and the president of the senate shall       81           

appoint to the board one additional member representing the host   82           

community, who shall represent the public.  The members appointed  83           

under this division shall be recommended by the legislative        84           

authority of the host community with the advice of the local       85           

                                                          3      

                                                                 
monitoring committee established in the host community under       86           

section 3747.11 of the Revised Code and shall be residents of the  87           

host community and have been registered to vote in the county in   89           

which the proposed site is located for at least two years                       

immediately preceding the date of their appointment.  Terms of     90           

office of members appointed under this division shall be for nine  91           

years.                                                             92           

      (D)  Each member of the board appointed under division (B)   95           

or (C) of this section shall hold office from the date of his      96           

appointment until the end of the term for which he THE MEMBER was  97           

appointed.  Members may be reappointed for one term of office.     98           

Vacancies shall be filled in the manner provided for original      100          

appointments.  Any member appointed to fill a vacancy occurring    101          

prior to the expiration of the term for which his THE MEMBER'S     102          

predecessor was appointed shall hold office for the remainder of   104          

that term.  A member shall continue in office subsequent to the    105          

expiration of his THE MEMBER'S term UNTIL THE MEMBER'S SUCCESSOR   106          

TAKES OFFICE or until a period of sixty days has elapsed,          107          

whichever occurs first.  An appointing authority shall remove a                 

member of the board who fails to meet the applicable               108          

qualifications required by division (B) or (C) of this section or  109          

section 3747.22 of the Revised Code, but may otherwise remove a    110          

member only for misfeasance, nonfeasance, or malfeasance in        113          

office.                                                                         

      (E)  The chairman CHAIRPERSON and vice-chairman              115          

VICE-CHAIRPERSON of the board shall be elected annually by the     117          

members.  The board shall appoint a secretary-treasurer who need   118          

not be a member of the board.  The secretary-treasurer shall keep  119          

a written record of all of the board's proceedings.  The board     120          

shall meet at least quarterly and at the call of the chairman      121          

CHAIRPERSON or a majority of the members.  Until members are       122          

appointed under division (C) of this section, a quorum shall       124          

consist of seven members.  After the appointment of members under  125          

that division, a quorum shall consist of eight members.  A simple  126          

                                                          4      

                                                                 
majority vote of all the members of the board is necessary to                   

take action on any matter, except that a three-fifths majority     128          

vote of all the members of the board is necessary to take action   129          

on any of the following:                                                        

      (1)  Selection or replacement of a contractor under          131          

division (A)(6) of section 3747.06 and section 3747.10 of the      132          

Revised Code;                                                      133          

      (2)  Approval of standards and procedures for screening and  135          

characterizing potentially suitable disposal sites;                136          

      (3)  Approval of the facility design and revisions to it     138          

under division (A)(7) of section 3747.06 of the Revised Code;      140          

      (4)  Approval of at least three potentially suitable         142          

disposal sites for site characterization under division (A)(11)    143          

of section 3747.06 and section 3747.11 of the Revised Code;        145          

      (5)  Selection of the disposal site under division (A)(12)   148          

of section 3747.06 and section 3747.11 of the Revised Code to be   149          

submitted for licensure as the facility under Chapter 3748. of     150          

the Revised Code;                                                  151          

      (6)  Submission of a license application for a facility;     153          

      (7)  Approval of an institutional control plan for a         155          

facility and modifications to that plan;                           156          

      (8)  Approval of a long-term care plan for a facility and    158          

modifications to that plan;                                        159          

      (9)  Termination of institutional control of a facility;     161          

      (10) Termination of long-term care of a facility.            163          

      (F)  The chairman CHAIRPERSON of the board shall receive as  165          

compensation fifteen thousand dollars annually plus actual and     167          

necessary expenses incurred in the performance of the chairman's                

CHAIRPERSON'S duties.  All other members shall receive as          169          

compensation ten thousand dollars annually plus actual and         170          

necessary expenses incurred in the performance of their duties.    171          

      (G)  Except as otherwise provided in this division, serving  173          

as a member of the board does not constitute holding a public      175          

office or position of employment under the laws of this state and  176          

                                                          5      

                                                                 
does not constitute grounds for removal of public officers or      177          

employees from their offices or positions of employment.  Members  178          

of the board are public officials or employees for the purposes    180          

of section 102.02 and divisions (D), (E), and (F) of section       181          

102.03 of the Revised Code, provided that a member's relationship  183          

with the entity that the member is representing on the board is    184          

not subject to divisions (D), (E), and (F) of section 102.03,      185          

section 2921.42, and section 2921.43 of the Revised Code.          187          

      Section 9.86 of the Revised Code applies to members of the   190          

board.                                                                          

      (H)  Prior to the operation of a facility, funding for the   193          

authority shall be provided by the midwest interstate low-level    194          

radioactive waste commission as authorized in Article III(I)(5)    195          

of the midwest interstate compact on low-level radioactive waste   196          

established under section 3747.01 of the Revised Code.  After the  197          

facility begins operation, funding for the authority shall be      198          

derived from the fee system established in rules adopted under     199          

division (B) of section 3747.07 of the Revised Code pursuant to    201          

Article VI(J) of that compact.  Moneys from the general revenue    202          

fund shall not be used for any activities associated with the      203          

development, siting, construction, operation, closure,             204          

institutional control, or long-term care of the facility.          205          

      Sec. 3747.06.  (A)  The board of directors of the Ohio       215          

low-level radioactive waste facility development authority shall   216          

do all of the following:                                                        

      (1)  Adopt bylaws for the regulation of its affairs and the  219          

conduct of its business;                                                        

      (2)  Maintain a principal office at a location that it       221          

designates in the state;                                           222          

      (3)  Employ and fix the compensation of an executive         224          

director, who shall serve at the pleasure of the board; in         225          

consultation with the executive director, develop an               226          

organizational plan for the hiring of additional staff and         227          

specify which of those staff shall be in the classified civil      228          

                                                          6      

                                                                 
service pursuant to Chapter 124. of the Revised Code AND WHICH     230          

SHALL SERVE AT THE PLEASURE OF THE EXECUTIVE DIRECTOR; and         231          

provide coverage for its employees under Chapters 4123. and 4141.  232          

of the Revised Code;.  THE EXECUTIVE DIRECTOR SHALL HIRE THE       233          

BOARD'S ADDITIONAL STAFF AND SHALL FIX THE COMPENSATION OF THOSE   234          

EMPLOYEES WHO SERVE AT THE PLEASURE OF THE EXECUTIVE DIRECTOR.     235          

      (4)  Utilize the expertise of other state agencies and       237          

departments to the fullest extent possible.  The agencies and      238          

departments shall be paid for the cost of providing services to    239          

the board.                                                         240          

      (5)  Provide for the establishment of a statewide public     242          

information and involvement program and of a public document       243          

repository in Columbus and in each community in which a site       244          

undergoing site characterization is located, provided that after   246          

a site is licensed as a facility and the license is finally        248          

determined to be valid, a public records DOCUMENT repository       249          

shall no longer be required in the other communities that          250          

underwent characterization.  A copy of all records of the board,   251          

including the minutes of the board, and of the contractor          252          

relating to the screening, siting, design, construction,           254          

operation, institutional control, and long-term care of the        255          

facility shall be kept permanently by the board and the            256          

contractor, respectively.                                                       

      (6)  Not later than twelve EIGHTEEN months after the         258          

effective date of this section SEPTEMBER 8, 1995, select a         260          

private entity as a contractor for the purposes of TO BEGIN        262          

development, as defined in section 3747.01 of the Revised Code,    264          

and operation of a facility.  NOT LATER THAN THIRTY MONTHS AFTER   265          

SEPTEMBER 8, 1995, THE BOARD SHALL SELECT ONE OR MORE PRIVATE      266          

ENTITIES AS A CONTRACTOR OR CONTRACTORS TO COMPLETE DEVELOPMENT    267          

OF AND OPERATE A FACILITY.  Notwithstanding sections 153.02,       269          

153.03, 153.50, 153.51, and 153.52 of the Revised Code, the board  270          

may award a single contract for the development, construction,                  

and operation of a facility.                                       271          

                                                          7      

                                                                 
      (7)  Approve, approve with modifications requested by the    274          

board, or disapprove the design of the facility and any                         

subsequent revisions to it that are proposed by the contractor.    276          

If the board disapproves the design or revisions, it shall         277          

provide reasons for the disapproval and require the contractor to  278          

submit a new design or revisions.                                               

      (8)  Not later than eighteen TWENTY-FOUR months after the    280          

effective date of this section SEPTEMBER 8, 1995, approve,         282          

approve with modifications requested by the board, or disapprove   284          

and, when approved, implement a statewide screening process,       285          

prepared by the contractor selected under division (A)(6) of this  286          

section with the assistance of the board and its employees,        287          

through which the exclusionary siting criteria established in      288          

section 3747.12 of the Revised Code and further specified in       289          

rules adopted under division (A)(3) of section 3747.07 of the      290          

Revised Code and the preference siting criteria established in     291          

section 3747.12 of the Revised Code and further specified in       292          

rules adopted under division (A)(3) of section 3747.07 of the                   

Revised Code shall be applied.  If the board disapproves the       294          

screening process, it shall provide reasons for the disapproval    295          

and require the contractor to submit a new screening process.      296          

      (9)  Approve, approve with modifications requested by the    299          

board, or disapprove the geologic and hydrogeologic database and   300          

other appropriate databases to be used by the contractor for       301          

application of the siting criteria.  If the board disapproves a    302          

database, it shall provide reasons for the disapproval and         303          

require the contractor to submit a new database.                   304          

      (10)  Establish a program to offer research grants to state  307          

universities and colleges as defined in division (A)(1) of         308          

section 3345.12 of the Revised Code and nonprofit institutions of  310          

higher education holding a certificate of authorization from the   311          

Ohio board of regents under Chapter 1713. of the Revised Code for  314          

the study and development of technology for the management,                     

treatment, disposal, and monitoring of low-level radioactive       315          

                                                          8      

                                                                 
waste.  Until moneys are collected through the fee system          316          

established in rules adopted under division (B) of section         317          

3747.07 of the Revised Code, the total amount of moneys available  318          

annually for grants shall not exceed five per cent of the board's  319          

annual budget.  When moneys are collected through that fee                      

system, the total amount of moneys available annually for grants   320          

shall not exceed one per cent of the moneys collected during the   321          

preceding fiscal year through the fee system.  The grants shall    322          

be awarded in accordance with rules adopted under division (B)(8)  324          

of section 3747.07 of the Revised Code.                            325          

      (11)  Not more than thirty-six FORTY-TWO months after the    327          

effective date of this section SEPTEMBER 8, 1995, approve for      329          

site characterization at least three potentially suitable          330          

disposal sites from among the sites recommended by the             331          

contractor, provided that each state that is a member of the       332          

midwest interstate compact on low-level radioactive waste entered  333          

into under section 3747.01 of the Revised Code has enacted, and    334          

the United States congress has consented to, the amendments to     335          

the compact made by this act;                                                   

      (12)  Not more than fifty-seven months after the effective   338          

date of this section SEPTEMBER 8, 1995, from among the             339          

characterized sites, select the disposal site to be submitted for  340          

licensure as the facility under Chapter 3748. of the Revised       341          

Code, provided that the midwest interstate low-level radioactive   342          

waste commission created in Article III(A) of the midwest          344          

interstate compact on low-level radioactive waste entered into                  

under section 3747.01 of the Revised Code has selected and         345          

notified the next host state under the compact;                    347          

      (13)  Acquire real property in fee simple on behalf of the   349          

state for the purpose of operating the facility, including real    350          

property to be used as an ecological monitoring zone in            351          

accordance with section 3747.14 of the Revised Code.  For the      352          

purposes of division (A)(13) of this section, the board may        354          

appropriate real property in accordance with Chapter 163. of the   355          

                                                          9      

                                                                 
Revised Code.                                                                   

      (14)  Establish quality assurance and quality control        357          

programs for all phases of development, siting, construction,      358          

operation, closure, institutional control, and long-term care of   359          

the facility;                                                      360          

      (15)  Approve, approve with modifications requested by the   363          

board, or disapprove and, if approved, supervise activities                     

within the ecological monitoring zone;                             364          

      (16)  Approve or disapprove petitions submitted by           366          

communities that wish to be identified as affected communities;    367          

      (17)  Approve, approve with modifications requested by the   370          

board, or disapprove community compensation and benefits                        

agreements as negotiated with the host community and any affected  371          

community or communities by the staff of the board.  If the board  372          

disapproves the community compensation agreement negotiated with   373          

the host community, it shall provide reasons for the disapproval   374          

and require the staff to renegotiate the agreement.                375          

      (18)  In consultation with the director of health,           377          

establish epidemiological health studies if requested by the       379          

legislative authority of the host community;                                    

      (19)  Approve, approve with modifications requested by the   382          

board, or disapprove methods proposed by the contractor to                      

provide institutional control and long-term care of the facility   383          

for a minimum of five hundred years.  If the board disapproves     384          

the methods, it shall provide reasons for the disapproval and      385          

require the contractor to submit new institutional control and     386          

long-term care methods.                                            387          

      (20)  Pursuant to division (A)(3) of section 3748.09 of the  390          

Revised Code, advise the department of health on the hiring of an  391          

independent person to examine the license review process for the   392          

facility;                                                                       

      (21)  Approve, approve with modifications requested by the   395          

board, or disapprove the form of the waste acceptance agreement    396          

prepared by the contractor under division (A) of section 3747.17   397          

                                                          10     

                                                                 
of the Revised Code.  If the board disapproves the form, it shall  398          

provide reasons for the disapproval and require the contractor to  399          

submit a new form.                                                              

      (22)  Enter into agreements with agencies of other party     401          

states to the midwest interstate compact on low-level radioactive  402          

waste for the purpose of verifying information in the waste        403          

minimization reports required under section 3747.17 of the         404          

Revised Code;                                                                   

      (23)  Ensure that sufficient resources are allocated for     406          

both of the following:                                             407          

      (a)  Institutional control through the fee system            410          

established in rules adopted under division (B) of section         411          

3747.07 of the Revised Code pursuant to Article VI(J) of the       412          

midwest interstate compact on low-level radioactive waste          413          

established under section 3747.01 of the Revised Code;             414          

      (b)  Long-term care for a minimum of five hundred years      417          

through the long-term care fund established pursuant to Article    418          

VI(O) of the compact.                                                           

      (24)  Approve, approve with modifications requested by the   420          

board, or disapprove termination of the long-term care of the      421          

facility, and provide reasons for that decision;                   422          

      (25)  In the event of a failure of a facility that results   424          

in a release of radioactivity in excess of prescribed limits,      425          

approve, approve with modifications requested by the board, or     426          

disapprove a program to correct the failure and contain and        427          

remediate any contamination caused by the release.                 428          

      (B)  The board may do any of the following:                  430          

      (1)  Make and enter into all contracts and agreements        432          

necessary or incidental to the performance of its duties and the   433          

execution of its powers under this chapter;.  IF THE BOARD ENTERS  435          

INTO MORE THAN ONE CONTRACT FOR THE PURPOSE OF EXECUTING THE       436          

DUTIES OF A CONTRACTOR SPECIFIED IN THIS CHAPTER OR CHAPTER 3748.  437          

OF THE REVISED CODE OR RULES ADOPTED UNDER EITHER CHAPTER, THE     439          

SPECIFIC DUTIES SO ESTABLISHED APPLY TO THE APPROPRIATE            441          

                                                          11     

                                                                 
CONTRACTOR.  ANY OTHER REQUIREMENT ESTABLISHED UNDER THIS CHAPTER  442          

OR CHAPTER 3748. OF THE REVISED CODE OR RULES ADOPTED UNDER        444          

EITHER CHAPTER REGARDING A CONTRACTOR APPLIES TO ANY CONTRACTOR    445          

WITH WHOM THE BOARD PROPOSES TO ENTER OR HAS ENTERED INTO A                     

CONTRACT, EXCEPT THAT THE BOARD MAY ESTABLISH DIFFERENT            446          

REQUIREMENTS UNDER THOSE RULES FOR CONTRACTORS THAT EXECUTE        447          

DIFFERENT DUTIES.                                                               

      (2)  Sue and be sued in the name of the authority and plead  450          

and be impleaded, provided that any actions against the authority  451          

shall be brought in the court of common pleas of the county in     452          

which the office of the board is located or in the court of        453          

common pleas of the county in which the cause of action arose if   454          

that county is in the state.  All summonses, exceptions, and       455          

notices of every kind shall be served on the authority by leaving  456          

a copy thereof at the principal office of the board with the                    

executive director.                                                457          

      (3)  Establish a peer review committee to review, analyze,   459          

and make recommendations regarding the screening and siting        460          

process established in rules adopted under division (A)(3) of      461          

section 3747.07 of the Revised Code and the design and             462          

construction of the facility.  Such a committee shall consist of   463          

not less than two nor more than three persons representing each    464          

of the professional fields described in division (B) of section    466          

3747.05 of the Revised Code.  Each member of the committee shall   468          

be a resident of this state and shall have recognized ability,     469          

credentials, and experience in the member's professional field of  470          

expertise.  If the board establishes such a committee, it shall    471          

do so no later than twelve months after the effective date of      472          

this section SEPTEMBER 8, 1995, and shall disband it when the      473          

facility begins operating.                                         474          

      (4)  Periodically review compensation of board members and   476          

make recommendations to the general assembly regarding any needed  477          

changes in compensation of board members;                          478          

      (5)  Perform all other acts necessary or proper to carry     480          

                                                          12     

                                                                 
out the powers expressly granted in this chapter.                  481          

      Sec. 3747.061.  IN ADDITION TO EXECUTING THE OTHER DUTIES    483          

ASSIGNED TO IT UNDER THIS CHAPTER, THE BOARD OF DIRECTORS OF THE   484          

OHIO LOW-LEVEL RADIOACTIVE WASTE FACILITY DEVELOPMENT AUTHORITY    486          

SHALL APPROVE, APPROVE WITH MODIFICATIONS REQUESTED BY THE BOARD,  487          

OR DISAPPROVE THE APPLICATION FOR A LICENSE FOR A FACILITY THAT    488          

IS REQUIRED TO BE SUBMITTED TO THE DEPARTMENT OF HEALTH UNDER      489          

SECTION 3748.09 OF THE REVISED CODE BY THE CONTRACTOR SELECTED     491          

UNDER DIVISION (A)(6) OF SECTION 3747.06 AND SECTION 3747.10 OF    493          

THE REVISED CODE.  IF THE BOARD DISAPPROVES THE APPLICATION, IT    496          

SHALL PROVIDE REASONS FOR THE DISAPPROVAL AND REQUIRE THE          497          

CONTRACTOR TO PREPARE A NEW APPLICATION FOR THE BOARD'S REVIEW.    498          

      THE CONTRACTOR SHALL NOT SUBMIT THE LICENSE APPLICATION TO   500          

THE DEPARTMENT UNTIL THE APPLICATION HAS BEEN APPROVED OR          501          

APPROVED WITH MODIFICATIONS BY THE BOARD.                          502          

      Section  2.  That existing sections 3747.05 and 3747.06 of   504          

the Revised Code are hereby repealed.                              505