As Reported by the Senate Energy, Natural Resources         1            

                    and Environment Committee                      2            

122nd General Assembly                                             5            

   Regular Session                              Sub. S. B. No. 11  6            

      1997-1998                                                    7            


                       SENATOR SUHADOLNIK                          9            


                                                                   11           

                           A   B I L L                                          

             To amend sections 3747.05 and 3747.06 and to enact    13           

                section 3747.061 of the Revised Code to clarify    14           

                that the Board of Directors of the Ohio Low-Level               

                Radioactive Waste Facility Development Authority   15           

                may select more than one contractor to execute     16           

                the duties assigned to a contractor for the                     

                development and operation of such a facility and   17           

                to make other changes in the statutes governing    18           

                the Board.                                                      




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        19           

      Section 1.  That sections 3747.05 and 3747.06 be amended     21           

and section 3747.061 of the Revised Code be enacted to read as     22           

follows:                                                                        

      Sec. 3747.05.  (A)  There is hereby created the Ohio         32           

low-level radioactive waste facility development authority.  The   33           

authority is a body both corporate and politic, constituting an    34           

instrumentality of the state.  The exercise by it of the powers    35           

conferred by this chapter in the development, siting,              36           

construction, operation, closure, institutional control, and       37           

long-term care of a facility in this state is and shall be held    38           

to be an essential governmental function of the state.                          

      (B)  The authority shall be governed by a board of           41           

directors initially consisting of twelve members appointed as                   

follows:                                                           42           

      (1)  Four members appointed by the governor, one of whom     45           

                                                          2      

                                                                 
shall be a hydrogeologist, one of whom shall be a public health    46           

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

shall represent the public;                                        47           

      (2)  Four members appointed by the speaker of the house of   50           

representatives, one of whom shall be a professional engineer,                  

one of whom shall represent the public, one of whom shall be a     52           

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

statewide environmental advocacy organization in this state;       53           

      (3)  Four members appointed by the president of the senate,  56           

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

be a soil scientist, one of whom shall represent a generator of    58           

low-level radioactive waste in this state, and one of whom shall   59           

be a geologist.                                                                 

      All members of the board appointed under division (B) of     61           

this section shall have recognized ability, credentials, and       62           

experience and shall be residents of this state.                   63           

      Not later than thirty days after the effective date of this  66           

section SEPTEMBER 8, 1995, the appointing authorities shall        67           

appoint the initial members of the board.  Of those members, each  68           

appointing authority shall appoint one member for a term of three  69           

years, one member for a term of six years, and two members for a   70           

term of nine years.  Thereafter, terms of office shall be for      71           

nine years with each term ending on the same day of the same       72           

month as did the term that it succeeds.                            73           

      (C)  Upon selection by the board under division (A)(12) of   76           

section 3747.06 and section 3747.11 of the Revised Code of the     77           

disposal site proposed for licensure as the facility under         78           

Chapter 3748. of the Revised Code, the speaker of the house of     79           

representatives shall appoint to the board one additional member   80           

representing the host community, who shall be an elected official  81           

of the host community, and the president of the senate shall       82           

appoint to the board one additional member representing the host   83           

community, who shall represent the public.  The members appointed  84           

under this division shall be recommended by the legislative        85           

                                                          3      

                                                                 
authority of the host community with the advice of the local       86           

monitoring committee established in the host community under       87           

section 3747.11 of the Revised Code and shall be residents of the  88           

host community and have been registered to vote in the county in   90           

which the proposed site is located for at least two years                       

immediately preceding the date of their appointment.  Terms of     91           

office of members appointed under this division shall be for nine  92           

years.                                                             93           

      (D)  Each member of the board appointed under division (B)   96           

or (C) of this section shall hold office from the date of his      97           

appointment until the end of the term for which he THE MEMBER was  98           

appointed.  Members may be reappointed for one term of office.     99           

Vacancies shall be filled in the manner provided for original      101          

appointments.  Any member appointed to fill a vacancy occurring    102          

prior to the expiration of the term for which his THE MEMBER'S     103          

predecessor was appointed shall hold office for the remainder of   105          

that term.  A member shall continue in office subsequent to the    106          

expiration of his THE MEMBER'S term UNTIL THE MEMBER'S SUCCESSOR   107          

TAKES OFFICE or until a period of sixty days has elapsed,          108          

whichever occurs first.  An appointing authority shall remove a                 

member of the board who fails to meet the applicable               109          

qualifications required by division (B) or (C) of this section or  110          

section 3747.22 of the Revised Code, but may otherwise remove a    111          

member only for misfeasance, nonfeasance, or malfeasance in        114          

office.                                                                         

      (E)  The chairman CHAIRPERSON and vice-chairman              116          

VICE-CHAIRPERSON of the board shall be elected annually by the     118          

members.  The board shall appoint a secretary-treasurer who need   119          

not be a member of the board.  The secretary-treasurer shall keep  120          

a written record of all of the board's proceedings.  The board     121          

shall meet at least quarterly and at the call of the chairman      122          

CHAIRPERSON or a majority of the members.  Until members are       123          

appointed under division (C) of this section, a quorum shall       125          

consist of seven members.  After the appointment of members under  126          

                                                          4      

                                                                 
that division, a quorum shall consist of eight members.  A simple  127          

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

take action on any matter, except that a three-fifths majority     129          

vote of all the members of the board is necessary to take action   130          

on any of the following:                                                        

      (1)  Selection or replacement of a contractor under          132          

division (A)(6) of section 3747.06 and section 3747.10 of the      133          

Revised Code;                                                      134          

      (2)  Approval of standards and procedures for screening and  136          

characterizing potentially suitable disposal sites;                137          

      (3)  Approval of the facility design and revisions to it     139          

under division (A)(7) of section 3747.06 of the Revised Code;      141          

      (4)  Approval of at least three potentially suitable         143          

disposal sites for site characterization under division (A)(11)    144          

of section 3747.06 and section 3747.11 of the Revised Code;        146          

      (5)  Selection of the disposal site under division (A)(12)   149          

of section 3747.06 and section 3747.11 of the Revised Code to be   150          

submitted for licensure as the facility under Chapter 3748. of     151          

the Revised Code;                                                  152          

      (6)  Submission of a license application for a facility;     154          

      (7)  Approval of an institutional control plan for a         156          

facility and modifications to that plan;                           157          

      (8)  Approval of a long-term care plan for a facility and    159          

modifications to that plan;                                        160          

      (9)  Termination of institutional control of a facility;     162          

      (10) Termination of long-term care of a facility.            164          

      (F)  The chairman CHAIRPERSON of the board shall receive as  166          

compensation fifteen thousand dollars annually plus actual and     168          

necessary expenses incurred in the performance of the chairman's                

CHAIRPERSON'S duties.  All other members shall receive as          170          

compensation ten thousand dollars annually plus actual and         171          

necessary expenses incurred in the performance of their duties.    172          

      (G)  Except as otherwise provided in this division, serving  174          

as a member of the board does not constitute holding a public      176          

                                                          5      

                                                                 
office or position of employment under the laws of this state and  177          

does not constitute grounds for removal of public officers or      178          

employees from their offices or positions of employment.  Members  179          

of the board are public officials or employees for the purposes    181          

of section 102.02 and divisions (D), (E), and (F) of section       182          

102.03 of the Revised Code, provided that a member's relationship  184          

with the entity that the member is representing on the board is    185          

not subject to divisions (D), (E), and (F) of section 102.03,      186          

section 2921.42, and section 2921.43 of the Revised Code.          188          

      Section 9.86 of the Revised Code applies to members of the   191          

board.                                                                          

      (H)  Prior to the operation of a facility, funding for the   194          

authority shall be provided by the midwest interstate low-level    195          

radioactive waste commission as authorized in Article III(I)(5)    196          

of the midwest interstate compact on low-level radioactive waste   197          

established under section 3747.01 of the Revised Code.  After the  198          

facility begins operation, funding for the authority shall be      199          

derived from the fee system established in rules adopted under     200          

division (B) of section 3747.07 of the Revised Code pursuant to    202          

Article VI(J) of that compact.  Moneys from the general revenue    203          

fund shall not be used for any activities associated with the      204          

development, siting, construction, operation, closure,             205          

institutional control, or long-term care of the facility.          206          

      Sec. 3747.06.  (A)  The board of directors of the Ohio       216          

low-level radioactive waste facility development authority shall   217          

do all of the following:                                                        

      (1)  Adopt bylaws for the regulation of its affairs and the  220          

conduct of its business;                                                        

      (2)  Maintain a principal office at a location that it       222          

designates in the state;                                           223          

      (3)  Employ and fix the compensation of an executive         225          

director, who shall serve at the pleasure of the board; in         226          

consultation with the executive director, develop an               227          

organizational plan for the hiring of additional staff and         228          

                                                          6      

                                                                 
specify which of those staff shall be in the classified civil      229          

service pursuant to Chapter 124. of the Revised Code AND WHICH     231          

SHALL SERVE AT THE PLEASURE OF THE EXECUTIVE DIRECTOR; and         232          

provide coverage for its employees under Chapters 4123. and 4141.  233          

of the Revised Code;.  THE EXECUTIVE DIRECTOR SHALL HIRE THE       234          

BOARD'S ADDITIONAL STAFF AND SHALL FIX THE COMPENSATION OF THOSE   235          

EMPLOYEES WHO SERVE AT THE PLEASURE OF THE EXECUTIVE DIRECTOR.     236          

      (4)  Utilize the expertise of other state agencies and       238          

departments to the fullest extent possible.  The agencies and      239          

departments shall be paid for the cost of providing services to    240          

the board.                                                         241          

      (5)  Provide for the establishment of a statewide public     243          

information and involvement program and of a public document       244          

repository in Columbus and in each community in which a site       245          

undergoing site characterization is located, provided that after   247          

a site is licensed as a facility and the license is finally        249          

determined to be valid, a public records DOCUMENT repository       250          

shall no longer be required in the other communities that          251          

underwent characterization.  A copy of all records of the board,   252          

including the minutes of the board, and of the contractor          253          

relating to the screening, siting, design, construction,           255          

operation, institutional control, and long-term care of the        256          

facility shall be kept permanently by the board and the            257          

contractor, respectively.                                                       

      (6)  Not later than twelve EIGHTEEN months after the         259          

effective date of this section SEPTEMBER 8, 1995, select a         261          

private entity as a contractor for the purposes of TO BEGIN        263          

development, as defined in section 3747.01 of the Revised Code,    265          

and operation of a facility.  NOT LATER THAN THIRTY MONTHS AFTER   266          

SEPTEMBER 8, 1995, THE BOARD SHALL SELECT ONE OR MORE PRIVATE      267          

ENTITIES AS A CONTRACTOR OR CONTRACTORS TO COMPLETE DEVELOPMENT    268          

OF AND OPERATE A FACILITY.  Notwithstanding sections 153.02,       270          

153.03, 153.50, 153.51, and 153.52 of the Revised Code, the board  272          

may award a single contract for the development, construction,                  

                                                          7      

                                                                 
and operation of a facility.                                       273          

      (7)  Approve, approve with modifications requested by the    276          

board, or disapprove the design of the facility and any                         

subsequent revisions to it that are proposed by the contractor.    278          

If the board disapproves the design or revisions, it shall         279          

provide reasons for the disapproval and require the contractor to  280          

submit a new design or revisions.                                               

      (8)  Not later than eighteen TWENTY-FOUR months after the    282          

effective date of this section SEPTEMBER 8, 1995, approve,         284          

approve with modifications requested by the board, or disapprove   286          

and, when approved, implement a statewide screening process,       287          

prepared by the contractor selected under division (A)(6) of this  288          

section with the assistance of the board and its employees,        289          

through which the exclusionary siting criteria established in      290          

section 3747.12 of the Revised Code and further specified in       291          

rules adopted under division (A)(3) of section 3747.07 of the      292          

Revised Code and the preference siting criteria established in     293          

section 3747.12 of the Revised Code and further specified in       294          

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

Revised Code shall be applied.  If the board disapproves the       296          

screening process, it shall provide reasons for the disapproval    297          

and require the contractor to submit a new screening process.      298          

      (9)  Approve, approve with modifications requested by the    301          

board, or disapprove the geologic and hydrogeologic database and   302          

other appropriate databases to be used by the contractor for       303          

application of the siting criteria.  If the board disapproves a    304          

database, it shall provide reasons for the disapproval and         305          

require the contractor to submit a new database.                   306          

      (10)  Establish a program to offer research grants to state  309          

universities and colleges as defined in division (A)(1) of         310          

section 3345.12 of the Revised Code and nonprofit institutions of  312          

higher education holding a certificate of authorization from the   313          

Ohio board of regents under Chapter 1713. of the Revised Code for  316          

the study and development of technology for the management,                     

                                                          8      

                                                                 
treatment, disposal, and monitoring of low-level radioactive       317          

waste.  Until moneys are collected through the fee system          318          

established in rules adopted under division (B) of section         319          

3747.07 of the Revised Code, the total amount of moneys available  320          

annually for grants shall not exceed five per cent of the board's  321          

annual budget.  When moneys are collected through that fee                      

system, the total amount of moneys available annually for grants   322          

shall not exceed one per cent of the moneys collected during the   323          

preceding fiscal year through the fee system.  The grants shall    324          

be awarded in accordance with rules adopted under division (B)(8)  326          

of section 3747.07 of the Revised Code.                            327          

      (11)  Not more than thirty-six FORTY-TWO months after the    329          

effective date of this section SEPTEMBER 8, 1995, approve for      331          

site characterization at least three potentially suitable          332          

disposal sites from among the sites recommended by the             333          

contractor, provided that each state that is a member of the       334          

midwest interstate compact on low-level radioactive waste entered  335          

into under section 3747.01 of the Revised Code has enacted, and    336          

the United States congress has consented to, the amendments to     337          

the compact made by this act;                                                   

      (12)  Not more than fifty-seven months after the effective   340          

date of this section SEPTEMBER 8, 1995, from among the             341          

characterized sites, select the disposal site to be submitted for  342          

licensure as the facility under Chapter 3748. of the Revised       343          

Code, provided that the midwest interstate low-level radioactive   344          

waste commission created in Article III(A) of the midwest          346          

interstate compact on low-level radioactive waste entered into                  

under section 3747.01 of the Revised Code has selected and         347          

notified the next host state under the compact;                    349          

      (13)  Acquire real property in fee simple on behalf of the   351          

state for the purpose of operating the facility, including real    352          

property to be used as an ecological monitoring zone in            353          

accordance with section 3747.14 of the Revised Code.  For the      354          

purposes of division (A)(13) of this section, the board may        356          

                                                          9      

                                                                 
appropriate real property in accordance with Chapter 163. of the   357          

Revised Code.                                                                   

      (14)  Establish quality assurance and quality control        359          

programs for all phases of development, siting, construction,      360          

operation, closure, institutional control, and long-term care of   361          

the facility;                                                      362          

      (15)  Approve, approve with modifications requested by the   365          

board, or disapprove and, if approved, supervise activities                     

within the ecological monitoring zone;                             366          

      (16)  Approve or disapprove petitions submitted by           368          

communities that wish to be identified as affected communities;    369          

      (17)  Approve, approve with modifications requested by the   372          

board, or disapprove community compensation and benefits                        

agreements as negotiated with the host community and any affected  373          

community or communities by the staff of the board.  If the board  374          

disapproves the community compensation agreement negotiated with   375          

the host community, it shall provide reasons for the disapproval   376          

and require the staff to renegotiate the agreement.                377          

      (18)  In consultation with the director of health,           379          

establish epidemiological health studies if requested by the       381          

legislative authority of the host community;                                    

      (19)  Approve, approve with modifications requested by the   384          

board, or disapprove methods proposed by the contractor to                      

provide institutional control and long-term care of the facility   385          

for a minimum of five hundred years.  If the board disapproves     386          

the methods, it shall provide reasons for the disapproval and      387          

require the contractor to submit new institutional control and     388          

long-term care methods.                                            389          

      (20)  Pursuant to division (A)(3) of section 3748.09 of the  392          

Revised Code, advise the department of health on the hiring of an  393          

independent person to examine the license review process for the   394          

facility;                                                                       

      (21)  Approve, approve with modifications requested by the   397          

board, or disapprove the form of the waste acceptance agreement    398          

                                                          10     

                                                                 
prepared by the contractor under division (A) of section 3747.17   399          

of the Revised Code.  If the board disapproves the form, it shall  400          

provide reasons for the disapproval and require the contractor to  401          

submit a new form.                                                              

      (22)  Enter into agreements with agencies of other party     403          

states to the midwest interstate compact on low-level radioactive  404          

waste for the purpose of verifying information in the waste        405          

minimization reports required under section 3747.17 of the         406          

Revised Code;                                                                   

      (23)  Ensure that sufficient resources are allocated for     408          

both of the following:                                             409          

      (a)  Institutional control through the fee system            412          

established in rules adopted under division (B) of section         413          

3747.07 of the Revised Code pursuant to Article VI(J) of the       414          

midwest interstate compact on low-level radioactive waste          415          

established under section 3747.01 of the Revised Code;             416          

      (b)  Long-term care for a minimum of five hundred years      419          

through the long-term care fund established pursuant to Article    420          

VI(O) of the compact.                                                           

      (24)  Approve, approve with modifications requested by the   422          

board, or disapprove termination of the long-term care of the      423          

facility, and provide reasons for that decision;                   424          

      (25)  In the event of a failure of a facility that results   426          

in a release of radioactivity in excess of prescribed limits,      427          

approve, approve with modifications requested by the board, or     428          

disapprove a program to correct the failure and contain and        429          

remediate any contamination caused by the release.                 430          

      (B)  The board may do any of the following:                  432          

      (1)  Make and enter into all contracts and agreements        434          

necessary or incidental to the performance of its duties and the   435          

execution of its powers under this chapter;.  IF THE BOARD ENTERS  437          

INTO MORE THAN ONE CONTRACT FOR THE PURPOSE OF EXECUTING THE       438          

DUTIES OF A CONTRACTOR SPECIFIED IN THIS CHAPTER OR CHAPTER 3748.  439          

OF THE REVISED CODE OR RULES ADOPTED UNDER EITHER CHAPTER, THE     441          

                                                          11     

                                                                 
SPECIFIC DUTIES SO ESTABLISHED APPLY TO THE APPROPRIATE            443          

CONTRACTOR.  ANY OTHER REQUIREMENT ESTABLISHED UNDER THIS CHAPTER  444          

OR CHAPTER 3748. OF THE REVISED CODE OR RULES ADOPTED UNDER        446          

EITHER CHAPTER REGARDING A CONTRACTOR APPLIES TO ANY CONTRACTOR    447          

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

CONTRACT, EXCEPT THAT THE BOARD MAY ESTABLISH DIFFERENT            448          

REQUIREMENTS UNDER THOSE RULES FOR CONTRACTORS THAT EXECUTE        449          

SEPARATE DUTIES.                                                                

      (2)  Sue and be sued in the name of the authority and plead  452          

and be impleaded, provided that any actions against the authority  453          

shall be brought in the court of common pleas of the county in     454          

which the office of the board is located or in the court of        455          

common pleas of the county in which the cause of action arose if   456          

that county is in the state.  All summonses, exceptions, and       457          

notices of every kind shall be served on the authority by leaving  458          

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

executive director.                                                459          

      (3)  Establish a peer review committee to review, analyze,   461          

and make recommendations regarding the screening and siting        462          

process established in rules adopted under division (A)(3) of      463          

section 3747.07 of the Revised Code and the design and             464          

construction of the facility.  Such a committee shall consist of   465          

not less than two nor more than three persons representing each    466          

of the professional fields described in division (B) of section    468          

3747.05 of the Revised Code.  Each member of the committee shall   470          

be a resident of this state and shall have recognized ability,     471          

credentials, and experience in the member's professional field of  472          

expertise.  If the board establishes such a committee, it shall    473          

do so no later than twelve months after the effective date of      474          

this section SEPTEMBER 8, 1995, and shall disband it when the      475          

facility begins operating.                                         476          

      (4)  Periodically review compensation of board members and   478          

make recommendations to the general assembly regarding any needed  479          

changes in compensation of board members;                          480          

                                                          12     

                                                                 
      (5)  Perform all other acts necessary or proper to carry     482          

out the powers expressly granted in this chapter.                  483          

      Sec. 3747.061.  IN ADDITION TO EXECUTING THE OTHER DUTIES    485          

ASSIGNED TO IT UNDER THIS CHAPTER, THE BOARD OF DIRECTORS OF THE   486          

OHIO LOW-LEVEL RADIOACTIVE WASTE FACILITY DEVELOPMENT AUTHORITY    488          

SHALL APPROVE, APPROVE WITH MODIFICATIONS REQUESTED BY THE BOARD,  489          

OR DISAPPROVE THE APPLICATION FOR A LICENSE FOR A FACILITY THAT    490          

IS REQUIRED TO BE SUBMITTED TO THE DEPARTMENT OF HEALTH UNDER      491          

SECTION 3748.09 OF THE REVISED CODE BY THE CONTRACTOR SELECTED     493          

UNDER DIVISION (A)(6) OF SECTION 3747.06 AND SECTION 3747.10 OF    495          

THE REVISED CODE.  IF THE BOARD DISAPPROVES THE APPLICATION, IT    498          

SHALL PROVIDE REASONS FOR THE DISAPPROVAL AND REQUIRE THE          499          

CONTRACTOR TO PREPARE A NEW APPLICATION FOR THE BOARD'S REVIEW.    500          

      THE CONTRACTOR SHALL NOT SUBMIT THE LICENSE APPLICATION TO   502          

THE DEPARTMENT UNTIL THE APPLICATION HAS BEEN APPROVED OR          503          

APPROVED WITH MODIFICATIONS BY THE BOARD.                          504          

      Section  2.  That existing sections 3747.05 and 3747.06 of   506          

the Revised Code are hereby repealed.                              507