As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 11 5
1997-1998 6
SENATOR SUHADOLNIK 8
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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
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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
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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
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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
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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
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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
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(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
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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
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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
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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
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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
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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