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

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

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

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

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

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

(D) "Special nuclear material" means plutonium or uranium enriched in the isotope 233 or in the isotope 235, or any other material which the governor declares by order to be special nuclear material.

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

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

(G) "Large quantity" has the meaning set forth in Part 71 of Title 10, section 71.4(f), of the Code of Federal Regulations "Highway route controlled quantity" has the same meaning as in 49 C.F.R. 173.403.

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

(1) Irradiated reactor fuel;

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

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

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

(5) Any by-product material.

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

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

Sec. 4163.07.  (A)(1) Prior to transporting any large high-level radioactive waste, spent nuclear fuel, transuranic waste, or any quantity of special nuclear material or by-product material that meets or exceeds the highway route controlled quantity, within, into, or through the state, the carrier or shipper of the material shall notify the executive director of the emergency management agency established under section 5502.22 of the Revised Code of the shipment. The notice shall be in writing and be sent by certified mail and shall include the name of the shipper; the name of the carrier; the type and quantity of the special nuclear material or by-product material; the transportation mode of the shipment; the proposed date and time of shipment of the material within, into, or through the state; and the starting point, termination or exit point, scheduled route, and each alternate route, if any, of the shipment. In order to constitute effective notification under division (A)(1) of this section, notification shall be received by the executive director at least forty-eight hours four days prior to entry of the shipment within, into, or through the state.

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

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

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

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

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

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

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

(1) For each shipment originating in this state:

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

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

(2) For each shipment originating outside this state:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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