As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. S. B. No. 11 5
1997-1998 6
SENATOR SUHADOLNIK-REPRESENTATIVE WACHTMANN 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 14
Low-Level Radioactive Waste Facility Development 15
Authority may select more than one contractor to 16
execute the duties assigned to a contractor for 17
the development and operation of such a facility 18
and to make other changes in the statutes 19
governing the Board. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 3747.05 and 3747.06 be amended 24
and section 3747.061 of the Revised Code be enacted to read as 25
follows:
Sec. 3747.05. (A) There is hereby created the Ohio 35
low-level radioactive waste facility development authority. The 36
authority is a body both corporate and politic, constituting an 37
instrumentality of the state. The exercise by it of the powers 38
conferred by this chapter in the development, siting, 39
construction, operation, closure, institutional control, and 40
long-term care of a facility in this state is and shall be held 41
to be an essential governmental function of the state.
(B) The authority shall be governed by a board of 44
directors initially consisting of twelve members appointed as
follows: 45
(1) Four members appointed by the governor, one of whom 48
shall be a hydrogeologist, one of whom shall be a public health 49
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professional, one of whom shall be a biologist, and one of whom
shall represent the public; 50
(2) Four members appointed by the speaker of the house of 53
representatives, one of whom shall be a professional engineer,
one of whom shall represent the public, one of whom shall be a 55
health physicist, and one of whom shall be a member of a
statewide environmental advocacy organization in this state; 56
(3) Four members appointed by the president of the senate, 59
one of whom shall be a professional engineer, one of whom shall
be a soil scientist, one of whom shall represent a generator of 61
low-level radioactive waste in this state, and one of whom shall 62
be a geologist.
All members of the board appointed under division (B) of 64
this section shall have recognized ability, credentials, and 65
experience and shall be residents of this state. 66
Not later than thirty days after the effective date of this 69
section SEPTEMBER 8, 1995, the appointing authorities shall 70
appoint the initial members of the board. Of those members, each 71
appointing authority shall appoint one member for a term of three 72
years, one member for a term of six years, and two members for a 73
term of nine years. Thereafter, terms of office shall be for 74
nine years with each term ending on the same day of the same 75
month as did the term that it succeeds. 76
(C) Upon selection by the board under division (A)(12) of 79
section 3747.06 and section 3747.11 of the Revised Code of the 80
disposal site proposed for licensure as the facility under 81
Chapter 3748. of the Revised Code, the speaker of the house of 82
representatives shall appoint to the board one additional member 83
representing the host community, who shall be an elected official 84
of the host community, and the president of the senate shall 85
appoint to the board one additional member representing the host 86
community, who shall represent the public. The members appointed 87
under this division shall be recommended by the legislative 88
authority of the host community with the advice of the local 89
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monitoring committee established in the host community under 90
section 3747.11 of the Revised Code and shall be residents of the 91
host community and have been registered to vote in the county in 93
which the proposed site is located for at least two years
immediately preceding the date of their appointment. Terms of 94
office of members appointed under this division shall be for nine 95
years. 96
(D) Each member of the board appointed under division (B) 99
or (C) of this section shall hold office from the date of his 100
appointment until the end of the term for which he THE MEMBER was 101
appointed. Members may be reappointed for one term of office. 102
Vacancies shall be filled in the manner provided for original 104
appointments. Any member appointed to fill a vacancy occurring 105
prior to the expiration of the term for which his THE MEMBER'S 106
predecessor was appointed shall hold office for the remainder of 108
that term. A member shall continue in office subsequent to the 109
expiration of his THE MEMBER'S term UNTIL THE MEMBER'S SUCCESSOR 110
TAKES OFFICE or until a period of sixty days has elapsed, 111
whichever occurs first. An appointing authority shall remove a
member of the board who fails to meet the applicable 112
qualifications required by division (B) or (C) of this section or 113
section 3747.22 of the Revised Code, but may otherwise remove a 114
member only for misfeasance, nonfeasance, or malfeasance in 117
office.
(E) The chairman CHAIRPERSON and vice-chairman 119
VICE-CHAIRPERSON of the board shall be elected annually by the 121
members. The board shall appoint a secretary-treasurer who need 122
not be a member of the board. The secretary-treasurer shall keep 123
a written record of all of the board's proceedings. The board 124
shall meet at least quarterly and at the call of the chairman 125
CHAIRPERSON or a majority of the members. Until members are 126
appointed under division (C) of this section, a quorum shall 128
consist of seven members. After the appointment of members under 129
that division, a quorum shall consist of eight members. A simple 130
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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 132
vote of all the members of the board is necessary to take action 133
on any of the following:
(1) Selection or replacement of a contractor under 135
division (A)(6) of section 3747.06 and section 3747.10 of the 136
Revised Code; 137
(2) Approval of standards and procedures for screening and 139
characterizing potentially suitable disposal sites; 140
(3) Approval of the facility design and revisions to it 142
under division (A)(7) of section 3747.06 of the Revised Code; 144
(4) Approval of at least three potentially suitable 146
disposal sites for site characterization under division (A)(11) 147
of section 3747.06 and section 3747.11 of the Revised Code; 149
(5) Selection of the disposal site under division (A)(12) 152
of section 3747.06 and section 3747.11 of the Revised Code to be 153
submitted for licensure as the facility under Chapter 3748. of 154
the Revised Code; 155
(6) Submission of a license application for a facility; 157
(7) Approval of an institutional control plan for a 159
facility and modifications to that plan; 160
(8) Approval of a long-term care plan for a facility and 162
modifications to that plan; 163
(9) Termination of institutional control of a facility; 165
(10) Termination of long-term care of a facility. 167
(F) The chairman CHAIRPERSON of the board shall receive as 169
compensation fifteen thousand dollars annually plus actual and 171
necessary expenses incurred in the performance of the chairman's
CHAIRPERSON'S duties. All other members shall receive as 173
compensation ten thousand dollars annually plus actual and 174
necessary expenses incurred in the performance of their duties. 175
(G) Except as otherwise provided in this division, serving 177
as a member of the board does not constitute holding a public 179
office or position of employment under the laws of this state and 180
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does not constitute grounds for removal of public officers or 181
employees from their offices or positions of employment. Members 182
of the board are public officials or employees for the purposes 184
of section 102.02 and divisions (D), (E), and (F) of section 185
102.03 of the Revised Code, provided that a member's relationship 187
with the entity that the member is representing on the board is 188
not subject to divisions (D), (E), and (F) of section 102.03, 189
section 2921.42, and section 2921.43 of the Revised Code. 191
Section 9.86 of the Revised Code applies to members of the 194
board.
(H) Prior to the operation of a facility, funding for the 197
authority shall be provided by the midwest interstate low-level 198
radioactive waste commission as authorized in Article III(I)(5) 199
of the midwest interstate compact on low-level radioactive waste 200
established under section 3747.01 of the Revised Code. After the 201
facility begins operation, funding for the authority shall be 202
derived from the fee system established in rules adopted under 203
division (B) of section 3747.07 of the Revised Code pursuant to 205
Article VI(J) of that compact. Moneys from the general revenue 206
fund shall not be used for any activities associated with the 207
development, siting, construction, operation, closure, 208
institutional control, or long-term care of the facility. 209
Sec. 3747.06. (A) The board of directors of the Ohio 219
low-level radioactive waste facility development authority shall 220
do all of the following:
(1) Adopt bylaws for the regulation of its affairs and the 223
conduct of its business;
(2) Maintain a principal office at a location that it 225
designates in the state; 226
(3) Employ and fix the compensation of EMPLOYEES, 228
INCLUDING an executive director, who shall serve at the pleasure 229
of the board; in consultation with the executive director, 230
develop an organizational plan for the hiring of additional staff 231
and specify which of those staff shall be in the classified civil 232
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service pursuant to Chapter 124. of the Revised Code AND WHICH OF 234
THOSE STAFF SHALL SERVE AT THE PLEASURE OF THE EXECUTIVE 235
DIRECTOR; and provide coverage for its employees under Chapters 236
4123. and 4141. of the Revised Code;. THE BOARD MAY DELEGATE TO 237
THE EXECUTIVE DIRECTOR AUTHORITY TO MAKE PERSONNEL DECISIONS WITH 238
RESPECT TO EMPLOYEES, SUBJECT TO APPLICABLE LAW. THE BOARD OF 239
DIRECTORS MAY LAY OFF EMPLOYEES OF THE AUTHORITY THAT ARE IN THE 240
CLASSIFIED SERVICE PURSUANT TO CHAPTER 124. OF THE REVISED CODE
AS MAY BE APPROPRIATE OR DELEGATE THAT DECISION TO THE EXECUTIVE 241
DIRECTOR.
(4) Utilize the expertise of other state agencies and 243
departments to the fullest extent possible. The agencies and 244
departments shall be paid for the cost of providing services to 245
the board. 246
(5) Provide for the establishment of a statewide public 248
information and involvement program and of a public document 249
repository in Columbus and in each community in which a site 250
undergoing site characterization is located, provided that after 252
a site is licensed as a facility and the license is finally 254
determined to be valid, a public records DOCUMENT repository 255
shall no longer be required in the other communities that 256
underwent characterization. A copy of all records of the board, 257
including the minutes of the board, and of the contractor 258
relating to the screening, siting, design, construction, 260
operation, institutional control, and long-term care of the 261
facility shall be kept permanently by the board and the 262
contractor, respectively.
(6) Not later than twelve EIGHTEEN months after the 264
effective date of this section SEPTEMBER 8, 1995, select a 266
private entity as a contractor for the purposes of TO BEGIN 268
development, as defined in section 3747.01 of the Revised Code, 270
and operation of a facility. NOT LATER THAN THIRTY MONTHS AFTER 271
SEPTEMBER 8, 1995, THE BOARD SHALL SELECT ONE OR MORE PRIVATE 272
ENTITIES AS A CONTRACTOR OR CONTRACTORS TO COMPLETE DEVELOPMENT 273
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OF AND OPERATE A FACILITY, EXCEPT THAT THE BOARD MAY CHOOSE NOT 274
TO SELECT ONE OR MORE PRIVATE ENTITIES AS A CONTRACTOR TO 275
COMPLETE DEVELOPMENT OF AND OPERATE A FACILITY IF THE LOW-LEVEL 276
RADIOACTIVE WASTE COMMISSION HAS NOT COMPLIED WITH ANY REQUEST 277
MADE UNDER DIVISION (B)(6) OF THIS SECTION. Notwithstanding 278
sections 153.02, 153.03, 153.50, 153.51, and 153.52 of the 279
Revised Code, the board may award a single contract for the 281
development, construction, and operation of a facility. 282
(7) Approve, approve with modifications requested by the 285
board, or disapprove the design of the facility and any
subsequent revisions to it that are proposed by the contractor. 287
If the board disapproves the design or revisions, it shall 288
provide reasons for the disapproval and require the contractor to 289
submit a new design or revisions.
(8) Not later than eighteen TWENTY-FOUR months after the 291
effective date of this section SEPTEMBER 8, 1995, approve, 293
approve with modifications requested by the board, or disapprove 295
and, when approved, implement a statewide screening process, 296
prepared by the contractor selected under division (A)(6) of this 297
section with the assistance of the board and its employees, 298
through which the exclusionary siting criteria established in 299
section 3747.12 of the Revised Code and further specified in 300
rules adopted under division (A)(3) of section 3747.07 of the 301
Revised Code and the preference siting criteria established in 302
section 3747.12 of the Revised Code and further specified in 303
rules adopted under division (A)(3) of section 3747.07 of the
Revised Code shall be applied. If the board disapproves the 305
screening process, it shall provide reasons for the disapproval 306
and require the contractor to submit a new screening process. 307
(9) Approve, approve with modifications requested by the 310
board, or disapprove the geologic and hydrogeologic database and 311
other appropriate databases to be used by the contractor for 312
application of the siting criteria. If the board disapproves a 313
database, it shall provide reasons for the disapproval and 314
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require the contractor to submit a new database. 315
(10) Establish a program to offer research grants to state 318
universities and colleges as defined in division (A)(1) of 319
section 3345.12 of the Revised Code and nonprofit institutions of 321
higher education holding a certificate of authorization from the 322
Ohio board of regents under Chapter 1713. of the Revised Code for 325
the study and development of technology for the REDUCTION,
management, treatment, disposal, and monitoring of low-level 327
radioactive waste. Until moneys are collected through the fee 328
system established in rules adopted under division (B) of section 329
3747.07 of the Revised Code, the total amount of moneys available 330
annually for grants shall not exceed five per cent of the board's 331
annual budget. When moneys are collected through that fee
system, the total amount of moneys available annually for grants 332
shall not exceed one per cent of the moneys collected during the 333
preceding fiscal year through the fee system. The grants shall 334
be awarded in accordance with rules adopted under division (B)(8) 336
of section 3747.07 of the Revised Code. 337
(11) Not more than thirty-six FORTY-TWO months after the 339
effective date of this section SEPTEMBER 8, 1995, approve for 341
site characterization at least three potentially suitable 342
disposal sites from among the sites recommended by the 343
contractor, provided that each state that is a member of the 344
midwest interstate compact on low-level radioactive waste entered 345
into under section 3747.01 of the Revised Code has enacted, and 346
the United States congress has consented to, the amendments to 347
the compact made by this act;
(12) Not more than fifty-seven months after the effective 350
date of this section SEPTEMBER 8, 1995, from among the 351
characterized sites, select the disposal site to be submitted for 352
licensure as the facility under Chapter 3748. of the Revised 353
Code, provided that the midwest interstate low-level radioactive 354
waste commission created in Article III(A) of the midwest 356
interstate compact on low-level radioactive waste entered into
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under section 3747.01 of the Revised Code has selected and 357
notified the next host state under the compact; 359
(13) Acquire real property in fee simple on behalf of the 361
state for the purpose of operating the facility, including real 362
property to be used as an ecological monitoring zone in 363
accordance with section 3747.14 of the Revised Code. For the 364
purposes of division (A)(13) of this section, the board may 366
appropriate real property in accordance with Chapter 163. of the 367
Revised Code.
(14) Establish quality assurance and quality control 369
programs for all phases of development, siting, construction, 370
operation, closure, institutional control, and long-term care of 371
the facility; 372
(15) Approve, approve with modifications requested by the 375
board, or disapprove and, if approved, supervise activities
within the ecological monitoring zone; 376
(16) Approve or disapprove petitions submitted by 378
communities that wish to be identified as affected communities; 379
(17) Approve, approve with modifications requested by the 382
board, or disapprove community compensation and benefits
agreements as negotiated with the host community and any affected 383
community or communities by the staff of the board. If the board 384
disapproves the community compensation agreement negotiated with 385
the host community, it shall provide reasons for the disapproval 386
and require the staff to renegotiate the agreement. 387
(18) In consultation with the director of health, 389
establish epidemiological health studies if requested by the 391
legislative authority of the host community;
(19) Approve, approve with modifications requested by the 394
board, or disapprove methods proposed by the contractor to
provide institutional control and long-term care of the facility 395
for a minimum of five hundred years. If the board disapproves 396
the methods, it shall provide reasons for the disapproval and 397
require the contractor to submit new institutional control and 398
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long-term care methods. 399
(20) Pursuant to division (A)(3) of section 3748.09 of the 402
Revised Code, advise the department of health on the hiring of an 403
independent person to examine the license review process for the 404
facility;
(21) Approve, approve with modifications requested by the 407
board, or disapprove the form of the waste acceptance agreement 408
prepared by the contractor under division (A) of section 3747.17 409
of the Revised Code. If the board disapproves the form, it shall 410
provide reasons for the disapproval and require the contractor to 411
submit a new form.
(22) Enter into agreements with agencies of other party 413
states to the midwest interstate compact on low-level radioactive 414
waste for the purpose of verifying information in the waste 415
minimization reports required under section 3747.17 of the 416
Revised Code;
(23) Ensure that sufficient resources are allocated for 418
both of the following: 419
(a) Institutional control through the fee system 422
established in rules adopted under division (B) of section 423
3747.07 of the Revised Code pursuant to Article VI(J) of the 424
midwest interstate compact on low-level radioactive waste 425
established under section 3747.01 of the Revised Code; 426
(b) Long-term care for a minimum of five hundred years 429
through the long-term care fund established pursuant to Article 430
VI(O) of the compact.
(24) Approve, approve with modifications requested by the 432
board, or disapprove termination of the long-term care of the 433
facility, and provide reasons for that decision; 434
(25) In the event of a failure of a facility that results 436
in a release of radioactivity in excess of prescribed limits, 437
approve, approve with modifications requested by the board, or 438
disapprove a program to correct the failure and contain and 439
remediate any contamination caused by the release. 440
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(B) The board may do any of the following: 442
(1) Make and enter into all contracts and agreements 444
necessary or incidental to the performance of its duties and the 445
execution of its powers under this chapter;. IF THE BOARD ENTERS 447
INTO MORE THAN ONE CONTRACT FOR THE PURPOSE OF EXECUTING THE 448
DUTIES OF A CONTRACTOR SPECIFIED IN THIS CHAPTER OR CHAPTER 3748. 449
OF THE REVISED CODE OR RULES ADOPTED UNDER EITHER CHAPTER, THE 451
SPECIFIC DUTIES SO ESTABLISHED APPLY TO THE APPROPRIATE 453
CONTRACTOR. ANY OTHER REQUIREMENT ESTABLISHED UNDER THIS CHAPTER 454
OR CHAPTER 3748. OF THE REVISED CODE OR RULES ADOPTED UNDER 456
EITHER CHAPTER REGARDING A CONTRACTOR APPLIES TO ANY CONTRACTOR 457
WITH WHOM THE BOARD PROPOSES TO ENTER OR HAS ENTERED INTO A
CONTRACT, EXCEPT THAT THE BOARD MAY ESTABLISH DIFFERENT 458
REQUIREMENTS UNDER THOSE RULES FOR CONTRACTORS THAT EXECUTE 459
SEPARATE DUTIES.
(2) Sue and be sued in the name of the authority and plead 462
and be impleaded, provided that any actions against the authority 463
shall be brought in the court of common pleas of the county in 464
which the office of the board is located or in the court of 465
common pleas of the county in which the cause of action arose if 466
that county is in the state. All summonses, exceptions, and 467
notices of every kind shall be served on the authority by leaving 468
a copy thereof at the principal office of the board with the
executive director. 469
(3) Establish a peer review committee to review, analyze, 471
and make recommendations regarding the screening and siting 472
process established in rules adopted under division (A)(3) of 473
section 3747.07 of the Revised Code and the design and 474
construction of the facility. Such a committee shall consist of 475
not less than two nor more than three persons representing each 476
of the professional fields described in division (B) of section 478
3747.05 of the Revised Code. Each member of the committee shall 480
be a resident of this state and shall have recognized ability, 481
credentials, and experience in the member's professional field of 482
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expertise. If the board establishes such a committee, it shall 483
do so no later than twelve months after the effective date of 484
this section SEPTEMBER 8, 1995, and shall disband it when the 485
facility begins operating. 486
(4) Periodically review compensation of board members and 488
make recommendations to the general assembly regarding any needed 489
changes in compensation of board members; 490
(5) Perform all other acts necessary or proper to carry 492
out the powers expressly granted in this chapter; 493
(6) NOT LATER THAN JANUARY 1, 1998, REQUEST THE MIDWEST 496
INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMMISSION CREATED IN 497
ARTICLE III OF THE MIDWEST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE 498
COMPACT ENTERED INTO UNDER SECTION 3747.01 OF THE REVISED CODE TO 501
LOCATE ITS PRINCIPAL OFFICE AT A LOCATION OF THE COMMISSION'S
CHOOSING WITHIN THIS STATE. 502
Sec. 3747.061. IN ADDITION TO EXECUTING THE OTHER DUTIES 504
ASSIGNED TO IT UNDER THIS CHAPTER, THE BOARD OF DIRECTORS OF THE 505
OHIO LOW-LEVEL RADIOACTIVE WASTE FACILITY DEVELOPMENT AUTHORITY 507
SHALL APPROVE, APPROVE WITH MODIFICATIONS REQUESTED BY THE BOARD, 508
OR DISAPPROVE THE APPLICATION FOR A LICENSE FOR A FACILITY THAT 509
IS REQUIRED TO BE SUBMITTED TO THE DEPARTMENT OF HEALTH UNDER 510
SECTION 3748.09 OF THE REVISED CODE BY THE CONTRACTOR SELECTED 512
UNDER DIVISION (A)(6) OF SECTION 3747.06 AND SECTION 3747.10 OF 514
THE REVISED CODE. IF THE BOARD DISAPPROVES THE APPLICATION, IT 517
SHALL PROVIDE REASONS FOR THE DISAPPROVAL AND REQUIRE THE 518
CONTRACTOR TO PREPARE A NEW APPLICATION FOR THE BOARD'S REVIEW. 519
THE CONTRACTOR SHALL NOT SUBMIT THE LICENSE APPLICATION TO 521
THE DEPARTMENT UNTIL THE APPLICATION HAS BEEN APPROVED OR 522
APPROVED WITH MODIFICATIONS BY THE BOARD. 523
Section 2. That existing sections 3747.05 and 3747.06 of 525
the Revised Code are hereby repealed. 526