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(122nd General Assembly)(Amended Substitute Senate Bill Number 11)
AN ACT
To amend sections 3747.05 and 3747.06 and to enact section 3747.061 of the
Revised Code to clarify that the Board of Directors of
the Ohio Low-Level
Radioactive Waste Facility Development Authority may select more than one
contractor to execute the duties assigned to a
contractor for the development
and operation of such a facility and to make other
changes in the statutes
governing the
Board.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 3747.05 and 3747.06 be amended and section 3747.061
of the Revised Code be enacted to read as follows:
Sec. 3747.05. (A) There is hereby created
the Ohio low-level radioactive waste facility development
authority. The authority is a body both corporate and politic,
constituting an instrumentality of the state. The exercise by it
of the powers conferred by this chapter in the development,
siting, construction, operation, closure, institutional control,
and long-term care of a facility in this state is and shall be
held to be an essential governmental function of the state. (B) The authority shall be governed by a board
of directors initially consisting of twelve members appointed as
follows: (1) Four members appointed by the governor, one of
whom shall be a hydrogeologist, one of whom shall be a public
health professional, one of whom shall be a biologist, and one of whom shall
represent the public; (2) Four members appointed by the speaker of the house
of representatives, one of whom shall be a professional engineer, one of whom
shall represent the public, one of whom
shall be a health physicist, and one of whom shall be a member of a statewide
environmental advocacy organization in this state; (3) Four members appointed by the president of the
senate, one of whom shall be a professional engineer, one of whom shall be a
soil scientist, one of whom shall
represent a generator of low-level radioactive waste in this
state, and one of whom shall be a geologist. All members of the board appointed under division (B) of this
section shall have recognized ability, credentials, and experience and shall
be residents of this state. Not later than thirty days after the effective date of
this section September 8, 1995, the appointing
authorities shall appoint the
initial members of the board. Of those members, each appointing
authority shall appoint one member for a term of three years, one
member for a term of six years, and two members for a term of nine
years. Thereafter, terms of office shall be for nine years with
each term ending on the same day of the same month as did the
term that it succeeds. (C) Upon selection by the board under division
(A)(12) of section 3747.06 and section 3747.11 of the
Revised Code of the disposal site proposed for
licensure as the facility under Chapter 3748. of the
Revised Code, the speaker of the house of representatives
shall appoint to the board one additional member representing the host
community, who shall be an elected official of the host community, and
the president of the senate shall appoint to the board one additional member
representing the host community, who shall represent the public. The members
appointed under this division shall be
recommended by the legislative authority of the host community
with the advice of the local monitoring committee established in
the host community under section 3747.11 of the Revised
Code and shall be residents of the host community and have been
registered to vote in the county
in which the proposed site is located for at least two years
immediately preceding the date of their appointment. Terms of
office of members appointed under this division shall be for nine
years. (D) Each member of the board appointed under
division (B) or (C) of this section shall hold
office from the date of his appointment until the end of the term
for which he the member was appointed. Members may be
reappointed for one term of office. Vacancies shall be filled in the manner
provided
for original appointments. Any member appointed to fill a
vacancy occurring prior to the expiration of the term for which
his the member's predecessor was appointed shall hold office for
the remainder
of that term. A member shall continue in office subsequent to
the expiration of his the member's term until the member's
successor takes office or until a period of sixty days has
elapsed, whichever occurs first. An appointing authority shall remove a
member of the board who fails to meet the applicable qualifications required
by division (B) or (C) of this section or section 3747.22
of the Revised Code, but may otherwise remove a member only for misfeasance,
nonfeasance, or
malfeasance
in office. (E) The chairman chairperson and vice-chairman
vice-chairperson of the board
shall be elected annually by the members. The board shall
appoint a secretary-treasurer who need not be a member of the
board. The secretary-treasurer shall keep a written record of all of the
board's proceedings. The board shall meet at least quarterly and at the call
of the chairman chairperson or a majority of the members. Until
members are
appointed under division (C) of this section, a quorum
shall consist of seven members. After the appointment of members
under that division, a quorum shall consist of eight members. A
simple majority vote of all the members of the board is necessary to take
action
on any matter, except that a three-fifths majority vote of all the members of
the board is necessary to take action on any of the following: (1) Selection or replacement of a contractor under division
(A)(6) of section 3747.06 and section 3747.10 of the
Revised Code; (2) Approval of standards and procedures for screening and characterizing
potentially suitable disposal sites; (3) Approval of the facility design and revisions to it under division
(A)(7) of section 3747.06 of the Revised
Code; (4) Approval of at least three potentially suitable disposal
sites for site characterization under division (A)(11) of
section 3747.06 and section 3747.11 of the Revised
Code; (5) Selection of the disposal site under division
(A)(12) of section 3747.06 and section 3747.11 of the
Revised Code to be submitted for licensure as the
facility under Chapter 3748. of the Revised
Code; (6) Submission of a license application for a facility; (7) Approval of an institutional control plan for a
facility and modifications to that plan; (8) Approval of a long-term care plan for a facility and
modifications to that plan; (9) Termination of institutional control of a facility; (10) Termination of long-term care of a facility. (F) The chairman chairperson of the board shall receive as
compensation fifteen thousand dollars annually plus actual
and necessary expenses incurred in the performance of the chairman's
chairperson's duties.
All other members shall receive as compensation ten
thousand dollars annually plus actual and necessary expenses
incurred in the performance of their duties. (G) Except as otherwise provided in this division, serving as a
member of the board does not
constitute holding a public office or position of employment
under the laws of this state and does not constitute grounds for
removal of public officers or employees from their offices or
positions of employment. Members of the board are public officials or
employees for
the purposes of section 102.02 and divisions
(D), (E), and (F) of section 102.03 of the
Revised Code, provided that a member's
relationship with the entity that the member is representing on
the board is not subject to divisions
(D), (E), and (F) of section 102.03, section
2921.42, and section 2921.43 of the Revised
Code. Section 9.86 of the Revised Code applies
to members of the board. (H) Prior to the operation of a facility,
funding for the authority shall be provided by the midwest
interstate low-level radioactive waste commission as authorized
in Article III(I)(5) of the midwest
interstate compact on low-level radioactive waste established under
section 3747.01 of the Revised Code. After the
facility begins operation, funding for the authority shall be
derived from the fee system established in rules adopted under
division (B) of section 3747.07 of the Revised
Code pursuant to Article VI(J) of
that compact. Moneys from the general revenue fund shall not be
used for any activities associated with the development, siting,
construction, operation, closure, institutional control, or
long-term care of the facility. Sec. 3747.06. (A) The board of directors of
the Ohio low-level radioactive waste facility development
authority shall do all of the following: (1) Adopt bylaws for the regulation of its affairs and
the conduct of its business; (2) Maintain a principal office at a location that it designates in the
state; (3) Employ and fix the compensation of employees, including an
executive director, who shall serve at the pleasure of the board; in
consultation with the executive director, develop an
organizational plan for the hiring of additional staff and
specify which of those staff shall be in the classified civil
service pursuant to Chapter 124. of the Revised
Code and which of those staff shall serve at the pleasure of the executive
director; and provide coverage for its employees under
Chapters 4123. and 4141. of the Revised
Code;. The board may delegate to the executive director
authority to make personnel decisions with respect to employees, subject to
applicable law. The board of directors may lay off employees of the authority
that are in the classified service pursuant to Chapter 124. Of the Revised Code as
may be appropriate or delegate that decision to the executive director. (4) Utilize the expertise of other state agencies and
departments to the fullest extent possible. The agencies and
departments shall be paid for the cost of providing services to
the board. (5) Provide for the establishment of a statewide public
information and involvement program and of a public document
repository in Columbus and in each community in which a site
undergoing site
characterization is located, provided that after a site is licensed as a
facility and the license is
finally determined to be valid, a public records document
repository
shall no longer be required in the other communities that
underwent characterization. A copy of all records of the board,
including the minutes of the board, and of the contractor relating to the
screening, siting, design,
construction, operation, institutional control, and long-term
care of the facility shall be kept permanently by the board and
the contractor, respectively. (6) Not later than twelve eighteen months after the
effective
date of this section September 8, 1995, select a
private entity as a contractor for
the purposes of to begin development, as defined in section 3747.01
of the
Revised Code, and operation of a facility. Not later than thirty
months after September 8,
1995, the board shall select one or more private entities as a contractor or
contractors to complete development of and operate a
facility, except that the board may choose not to select one or more
private entities as a contractor to complete development of and operate a
facility if the low-level radioactive waste commission has not complied with
any request made under division (B)(6) of this
section. Notwithstanding
sections 153.02, 153.03, 153.50, 153.51, and 153.52 of the Revised
Code, the
board may award a single contract for the development, construction,
and operation of a facility. (7) Approve, approve with modifications requested by
the board, or disapprove the design of the facility and any subsequent
revisions to it that are
proposed by the contractor. If the board disapproves the design or revisions,
it shall provide reasons for the disapproval and require the
contractor to submit a new design or revisions. (8) Not later than eighteen twenty-four months after the
effective
date of this section September 8, 1995, approve,
approve with modifications
requested by the board, or disapprove and, when approved,
implement a statewide screening process, prepared by the
contractor selected under division (A)(6) of this section
with the assistance of the board and its employees, through which
the exclusionary siting criteria established in section 3747.12 of the
Revised Code and further specified in rules adopted under
division (A)(3) of section 3747.07 of the Revised Code and the preference
siting criteria established in section 3747.12 of the Revised Code and further
specified in rules adopted under division (A)(3) of section 3747.07 of the
Revised Code shall be applied. If
the board disapproves the
screening process, it shall provide reasons for the disapproval
and require the contractor to submit a new screening process. (9) Approve, approve with modifications requested by
the board, or disapprove the geologic and hydrogeologic database
and other appropriate databases
to be used by the contractor for application of the siting
criteria. If the board disapproves a database, it shall
provide reasons for the disapproval and require the contractor to
submit a new database. (10) Establish a program to offer research
grants to state universities and colleges as defined in division
(A)(1) of section 3345.12 of the
Revised Code
and nonprofit institutions of higher education holding a certificate of
authorization from the Ohio board of regents
under Chapter 1713. of the
Revised Code
for the study and development of technology for the reduction,
management, treatment,
disposal, and monitoring of low-level radioactive waste. Until moneys are
collected through the fee system established in rules adopted under division
(B) of section 3747.07 of the Revised Code, the total amount of
moneys available annually for grants shall not exceed five per cent of the
board's annual budget. When moneys are collected through that fee system, the
total amount of moneys available annually for grants shall not exceed one per
cent of the moneys collected during the preceding fiscal year through the fee
system. The grants shall be awarded in accordance with rules adopted under
division
(B)(8) of section 3747.07 of the
Revised Code. (11) Not more than thirty-six forty-two months after the
effective date of this section September 8, 1995,
approve for site characterization at least
three potentially suitable disposal sites from among the sites
recommended by the contractor, provided that
each state that is a member of the midwest interstate compact on
low-level radioactive waste entered into under section 3747.01
of the Revised Code has enacted, and the United States congress has consented
to, the amendments to the compact made by this act; (12) Not more than fifty-seven months after the
effective date of this section September 8, 1995,
from among the characterized
sites, select the disposal site to be submitted for licensure as
the facility under Chapter 3748. of the Revised
Code, provided that the midwest interstate low-level radioactive
waste commission created in Article III(A) of the
midwest interstate compact on low-level radioactive waste entered into under
section 3747.01 of the Revised Code has selected and notified the next host
state under the
compact; (13) Acquire real property in fee simple on behalf of the state for
the purpose of operating the facility, including real property to
be used as an ecological monitoring zone in accordance with
section 3747.14 of the Revised Code. For the
purposes of division (A)(13) of this section, the board
may appropriate real property in accordance with Chapter
163. of the Revised Code. (14) Establish quality assurance and quality control
programs for all phases of development, siting, construction,
operation, closure, institutional control, and long-term care of
the facility; (15) Approve, approve with modifications requested by
the board, or disapprove and, if approved, supervise activities
within the ecological monitoring zone; (16) Approve or disapprove petitions submitted by
communities that wish to be identified as affected communities; (17) Approve, approve with modifications requested by
the board, or disapprove community compensation and benefits
agreements as negotiated with the host community and any affected
community or communities by the staff of the board. If the board
disapproves the community compensation agreement negotiated with
the host community, it shall provide reasons for the disapproval
and require the staff to renegotiate the agreement. (18) In consultation with the director of health,
establish epidemiological health studies if
requested by the legislative authority of the host community; (19) Approve, approve with modifications requested by
the board, or disapprove methods proposed by the contractor to
provide institutional control and long-term care of the facility
for a minimum of five hundred years. If the board disapproves
the methods, it shall provide reasons for the disapproval and
require the contractor to submit new institutional control and
long-term care methods. (20) Pursuant to division (A)(3) of section
3748.09 of the Revised Code,
advise the department of health on the hiring of an independent person to
examine the license review process for the facility; (21) Approve, approve with modifications requested by
the board, or disapprove the form of the waste acceptance
agreement prepared by the contractor under division (A)
of section 3747.17 of the Revised Code. If the
board disapproves the form, it shall provide reasons for the
disapproval and require the contractor to submit a new form. (22) Enter into agreements with agencies of other party states to the
midwest interstate compact on low-level radioactive waste for the purpose of
verifying information in the waste minimization reports required
under section 3747.17 of the Revised Code; (23) Ensure that sufficient resources are allocated for
both of the following: (a) Institutional control through the fee
system established in rules adopted under division (B) of
section 3747.07 of the Revised Code pursuant to
Article VI(J) of the midwest interstate compact on
low-level radioactive waste established under section
3747.01 of the Revised Code; (b) Long-term care for a minimum of five
hundred years through the long-term care fund established
pursuant to Article VI(O) of the compact. (24) Approve, approve with modifications requested by the
board, or disapprove termination of the long-term care of the
facility, and provide reasons for that decision; (25) In the event of a failure of a facility that results
in a release of radioactivity in excess of prescribed limits,
approve, approve with modifications requested by the board, or
disapprove a program to correct the failure and contain and
remediate any contamination caused by the release. (B) The board may do any of the following: (1) Make and enter into all contracts and agreements
necessary or incidental to the performance of its duties and the
execution of its powers under this chapter;. If the
board enters into more than one contract
for the purpose of executing the duties of a contractor specified in this
chapter or Chapter 3748. of the
Revised Code
or rules adopted under either chapter, the specific duties so established
apply
to the appropriate contractor. Any other requirement established under this
chapter or Chapter 3748. of the
Revised Code
or rules adopted under either chapter regarding a contractor applies to any
contractor with whom the board proposes to enter or has entered into a
contract, except that the board may establish different requirements under
those rules for contractors that execute separate duties. (2) Sue and be sued in the name of the authority and
plead and be impleaded, provided that any actions against the
authority shall be brought in the court of common pleas of the
county in which the office of the board is located or in the
court of common pleas of the county in which the cause of action
arose if that county is in the state. All summonses, exceptions,
and notices of every kind shall be served on the authority by
leaving a copy thereof at the principal office of the board with the
executive director. (3) Establish a peer review committee to review, analyze, and
make recommendations regarding the screening and siting process
established in rules adopted under division (A)(3) of section 3747.07
of the Revised Code and the design and
construction of the facility. Such a committee shall consist of
not less than two nor more than three persons representing each
of the professional fields described in division
(B) of section 3747.05 of the
Revised Code. Each member of the
committee shall be a resident of this state and shall have
recognized ability, credentials, and experience in the member's
professional field of expertise. If the board establishes such
a committee, it shall do so no later than twelve months after
the effective date of this section September 8,
1995, and shall disband it when the
facility begins operating. (4) Periodically review compensation of board members and make
recommendations to the general assembly regarding any needed changes in
compensation of board members; (5) Perform all other acts necessary or proper to carry
out the powers expressly granted in this chapter; (6) not later than january 1, 1998,
request the midwest interstate low-level radioactive waste commission created
in Article III of the midwest interstate low-level
radioactive waste compact
entered into under section 3747.01 of the
Revised Code
to locate its principal office at a location of the commission's choosing
within this state. Sec. 3747.061. In addition to executing the other duties
assigned to it under this chapter, the board of directors of the
Ohio low-level radioactive
waste facility development authority shall approve, approve with
modifications requested by the board, or disapprove the
application for a license for a facility that is required to be
submitted to the department of health under section 3748.09 of
the Revised
Code by the contractor selected
under division (A)(6) of
section 3747.06 and section 3747.10 of the
Revised
Code. If the board disapproves
the application, it shall provide reasons for the disapproval
and require the contractor to prepare a new application for the
board's review. The contractor shall not submit the license application to
the department until the application has been approved or
approved with modifications by the board. SECTION 2 . That existing sections 3747.05 and 3747.06 of the
Revised Code are hereby repealed.
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