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
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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
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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
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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
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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
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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,
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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,
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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
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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
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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
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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
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(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