As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 373


Representative Skindell 

Cosponsors: Representatives Foley, Hagan, R., Harwood, Healy, Letson, Williams, B., DeBose, Stewart, D., Williams, S., Fessler, Yates, Yuko, Otterman, Boyd, Bolon 

A BILL
To amend sections 4163.01 and 4163.07 and to enact 1
sections 4163.08 and 4163.09 of the Revised Code 2
to require a person shipping certain radioactive 3
material within or through this state to provide 4
the Emergency Management Agency with notice of the 5
shipment and pay the Department of Public Safety a 6
fee for each shipment, and to establish the 7
Radiation Response Fund.8


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

       Section 1. That sections 4163.01 and 4163.07 be amended and 9
sections 4163.08 and 4163.09 of the Revised Code be enacted to 10
read as follows:11

       Sec. 4163.01.  As used in Chapter 4163. of the Revised Code:12

       (A) "Atomic energy" means all forms of energy released in the 13
course of nuclear fission or nuclear transformation.14

       (B) "By-product material" means any radioactive material15
(except special nuclear material) yielded in, or made radioactive16
by exposure to the radiation incident to, the process of producing 17
or utilizing special nuclear materialshas the same meaning as in 18
Section 11(e)(2) of the "Atomic Energy Act of 1954," 68 Stat. 922, 19
42 U.S.C.A. 2014, as amended.20

       (C) "Production facility" means any equipment or device21
capable of the production of special nuclear material in such22
quantity as to be of significance to the common defense and23
security, or in such manner as to affect the health and safety of24
the public; or any important component part especially designed25
for such equipment or device.26

       (D) "Special nuclear material" means plutonium or uranium27
enriched in the isotope 233 or in the isotope 235, or any other28
material which the governor declares by order to be special29
nuclear material.30

       (E) "Utilization facility" means any equipment or device,31
except an atomic weapon, capable of making use of special nuclear32
materials in such quantity as to be of significance to the common33
defense and security, or in such manner as to affect the health34
and safety of the public, or peculiarly adapted for making use of35
atomic energy in such quantity as to be of significance to the36
common defense and security, or in such manner as to affect the37
health and safety of the public; or any important component part38
especially designed for such equipment or device.39

       (F) "Radiation" means gamma rays and X-rays, alpha and beta 40
particles, high-speed electrons, neutrons, protons, and other 41
nuclear particles; but not sound or radio waves, or visible, 42
infrared, or ultraviolet light.43

       (G) "Large quantity" has the meaning set forth in Part 71 of 44
Title 10, section 71.4(f), of the Code of Federal Regulations45
"Highway route controlled quantity" has the same meaning as in 49 46
C.F.R. 173.403.47

       (H) "High-level radioactive waste" means any of the 48
following:49

       (1) Irradiated reactor fuel;50

       (2) Liquid wastes resulting from the operation of the first 51
cycle solvent extraction system, or equivalent, and the 52
concentrated wastes from subsequent extraction cycles, or 53
equivalent, in a facility for reprocessing irradiated reactor 54
fuel;55

       (3) Solids into which such liquid wastes have been converted;56

       (4) Any other highly radioactive waste material that the 57
United States nuclear regulatory commission or the United States 58
department of energy determines by law requires permanent 59
isolation;60

       (5) Any by-product material.61

       (I) "Spent nuclear fuel" means fuel that has been withdrawn 62
from a nuclear reactor following irradiation, the constituent 63
elements of which have not been separated by reprocessing.64

       (J) "Transuranic waste" means material containing elements 65
that have an atomic number greater than 92, including neptunium, 66
plutonium, americium, and curium, and that are in concentrations 67
greater than 10 nanocuries per gram or in other concentrations 68
that the United States nuclear regulatory commission may 69
prescribe.70

       Sec. 4163.07.  (A)(1) Prior to transporting any large71
high-level radioactive waste, spent nuclear fuel, transuranic 72
waste, or any quantity of special nuclear material or by-product 73
materialthat meets or exceeds the highway route controlled 74
quantity, within, into, or through the state, the carrier or 75
shipper of the material shall notify the executive director of the 76
emergency management agency established under section 5502.22 of 77
the Revised Code of the shipment. The notice shall be in writing 78
and be sent by certified mail and shall include the name of the 79
shipper; the name of the carrier; the type and quantity of the 80
special nuclear material or by-product material; the 81
transportation mode of the shipment; the proposed date and time of 82
shipment of the material within, into, or through the state; and 83
the starting point, termination or exit point, scheduled route, 84
and each alternate route, if any, of the shipment. In order to 85
constitute effective notification under division (A)(1) of this 86
section, notification shall be received by the executive director 87
at least forty-eight hoursfour days prior to entry of the88
shipment within, into, or through the state.89

       (2) The carrier or shipper of any shipment subject to90
division (A)(1) of this section shall immediately notify the91
executive director of any change in the date and time of the 92
shipment or in the route of the shipment within, into, or through 93
the state.94

       (B) Upon receipt of a notice of any shipment of a large95
quantity of special nuclear material or by-product material that 96
is subject to division (A)(1) of this section within, into, or 97
through the state, the executive director of the emergency98
management agency shall immediately notify the director of public 99
safety, the director of environmental protection, the chairperson 100
of the public utilities commission, and the sheriff of each county 101
along the proposed route, or any alternate route, of the shipment.102

       (C) The executive director of the emergency management agency 103
shall not disclose to any person other than those persons 104
enumerated in division (B) of this section any information 105
pertaining to any shipment of special nuclear material or 106
by-product material prior to the time that the shipment is 107
completed.108

       (D) This section does not apply to radioactive materials,109
other than by-products, shipped by or for the United States110
department of defense and United States department of energy for 111
military or national defense purposes. Nothing in this section 112
requires the disclosure of any defense information or restricted 113
data as defined in the "Atomic Energy Act of 1954," 68 Stat. 919, 114
42 U.S.C.A. 2011, as amended.115

       (E) No person shall transport or cause to be transported 116
within, into, or through the state any large quantity of special 117
or by-product material that is subject to division (A)(1) of this 118
section without first providing the notice required in that119
division (A) of this section.120

       (F) Whoever violates division (E) of this section, in 121
addition to any penalty imposed under section 4163.99 of the 122
Revised Code, is liable for a civil penalty in an amount not to 123
exceed ten times the amount of the fee due under section 4163.08 124
of the Revised Code. The attorney general, upon the request of the 125
executive director of the emergency management agency, shall bring 126
a civil action to collect the penalty. Fines collected pursuant to 127
this section shall be deposited into the state treasury to the 128
credit of the radiation response fund.129

       Sec. 4163.08.  (A) No person shall transport high-level 130
radioactive waste, spent nuclear fuel, transuranic waste, or any 131
quantity of special nuclear material that meets or exceeds the 132
highway route controlled quantity, within, into, or through this 133
state by rail or motor carrier unless the person, at least four 134
days prior to the date of the shipment, pays the department of 135
public safety the following fees for each shipment of high-level 136
radioactive waste, spent nuclear fuel, transuranic waste, or any 137
quantity of special nuclear material that meets or exceeds the 138
highway route controlled quantity, as applicable:139

       (1) For each shipment originating in this state:140

       (a) Two thousand five hundred dollars for each cask 141
designated for transport by motor carrier;142

       (b) Four thousand five hundred dollars for the first cask 143
designated for transport by rail and three thousand dollars for 144
each additional cask designated for transport by rail that is 145
shipped by the same person or entity in the same shipment.146

       (2) For each shipment originating outside this state:147

       (a) Three thousand five hundred dollars for each cask 148
designated for transport by motor carrier;149

       (b) Five thousand five hundred dollars for the first cask 150
designated for transport by rail and four thousand dollars for 151
each additional cask designated for transport by rail that is 152
shipped by the same person or entity in the same shipment.153

       (B) This section does not apply to any shipment of high-level 154
radioactive waste, spent nuclear fuel, transuranic waste, or any 155
quantity of special nuclear material that meets or exceeds the 156
highway route controlled quantity by or for the United States 157
government for military or national defense purposes. This section 158
applies to all other shipments of high-level radioactive waste, 159
spent nuclear fuel, transuranic waste, or any quantity of special 160
nuclear material that meets or exceeds the highway route 161
controlled quantity by or for the United States government, to the 162
extent permitted by federal law.163

       (C) Whoever violates division (A) of this section is liable 164
for a civil penalty in an amount not to exceed ten times the 165
amount of the fee due under this section. The attorney general, 166
upon the request of the director of public safety, shall bring a 167
civil action to collect the penalty. Fines collected pursuant to 168
this section shall be deposited into the state treasury to the 169
credit of the radiation response fund.170

       Sec. 4163.09. (A)(1) The department of public safety shall 171
deposit all fees collected under section 4163.08 of the Revised 172
Code in the radiation response fund, which is hereby created in 173
the state treasury. All investment earnings of the fund shall be 174
credited to it.175

       (2) Money in the radiation response fund shall be used only 176
for the following purposes, as determined by the director of 177
public safety:178

       (a) State and local expenses related to the shipment of 179
high-level radioactive waste, spent nuclear fuel, transuranic 180
waste, or any quantity of special nuclear material that meets or 181
exceeds the highway route controlled quantity in this state, 182
including inspections, escorts, security, emergency management 183
services, and accident response;184

       (b) Planning, coordination, education, and training of 185
emergency response providers, law enforcement agencies, and other 186
appropriate state or local entities;187

       (c) Purchase and maintenance of monitoring, medical, safety, 188
or emergency response equipment and supplies;189

       (d) Administrative costs of the department and other state or 190
local entities related to the shipping of high-level radioactive 191
waste, spent nuclear fuel, transuranic waste, or any quantity of 192
special nuclear material that meets or exceeds the highway route 193
controlled quantity;194

       (e) Other similar expenses determined by the director to be 195
appropriate.196

       (B)(1) The director may adopt rules as necessary to implement 197
sections 4163.08 and 4163.09 of the Revised Code.198

       (2) In administering section 4163.08 of the Revised Code, the 199
director shall work with any department or agency of federal, 200
state, or local government that also regulates the shipment of 201
high-level radioactive waste, spent nuclear fuel, transuranic 202
waste, or any quantity of special nuclear material that meets or 203
exceeds the highway route controlled quantity.204

       (3) Subject to division (C) of section 4163.07 of the Revised 205
Code, the department, consistent with national security 206
requirements, may notify any law enforcement agency or other state 207
or local entity affected by the shipment, as the director 208
considers necessary for public safety.209

       (4) Beginning December 31, 2008, and every two years 210
thereafter, the director shall prepare and submit to both houses 211
of the general assembly a report on the radiation response fund. 212
The report shall include information on the fees received and 213
expenditures made from the fund.214

       Section 2. That existing sections 4163.01 and 4163.07 of the 215
Revised Code are hereby repealed.216