AN ACT Relating to radioactive materials; and adding a new chapter to Title 43 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The Northwest Interstate Compact on Radioactive Materials Transportation Management is hereby enacted into law and entered into by the state of Washington as a party, and is in full force and effect between the state and other states joining the compact in accordance with the terms of the compact.

NORTHWEST INTERSTATE COMPACT ON

RADIOACTIVE MATERIALS TRANSPORTATION MANAGEMENT

ARTICLE I‑-Policy and Purpose

The party states recognize that radioactive materials are generated by essential activities and services that benefit the citizens of the states. It is further recognized that the protection of the health and safety of the citizens of the party states and the most economical transportation of radioactive materials can be accomplished through cooperation among the states in minimizing duplication of rules and regulations regarding handling and transportation of radioactive materials and through joint development of emergency response plans. It is the policy of the party states to undertake the necessary cooperation to protect the health and safety of the citizens of the party states and to provide for the most economical transportation management of radioactive material on a continuing basis. It is the purpose of this compact to provide the means for such a cooperative effort among the party states so that the protection of the citizens of the states and the maintenance of the viability of the states' economies will be enhanced while sharing the responsibilities of radioactive materials transportation management.

ARTICLE II‑-Definitions

As used in this compact:

(1) "Agency" means the state radiation control agency as defined in chapter 70.98 RCW.

(2) "Carrier" means and includes common, private, and contract carriers.

(3) "Generator" means any person, partnership, association, corporation, or any other entity whatsoever which, as a part of its activities, produces radioactive material.

(4) "Person" means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, public utility district, or any other entity, public or private, however organized.

(5) "Radioactive material" means any of the materials, including radioactive waste, defined as radioactive materials by federal department of transportation regulations as found in 49 C.F.R. Sec. 173.

(6) "Radioactive waste" means radioactive waste and nuclear waste, including spent nuclear fuel, as defined by agency rules.

(7) "Transportation" means the transport of radioactive material destined for or derived from any location, and any loading, unloading, or storage incident to such transport, but does not include permanent storage or disposal of the material.

ARTICLE III‑-Regulatory Practices

Section 1. Each party state hereby agrees to adopt practices which will require shipments of radioactive material originating within or passing through its borders to conform to the applicable transportation requirements and regulations as established by the compact committee. Such practices shall include providing:

(1) A description of the waste or material to be transported;

(2) A description of the route of transportation;

(3) A description of past violations of transportation rules; and

(4) Proof of required liability insurance.

Section 2. The party states also agree to confer and adopt:

(1) Designated transportation corridors for carriers of radioactive materials;

(2) Uniform procedures for issuing permits;

(3) Uniform record-keeping processes with access on demand by the agency issuing the permit in each party state;

(4) Uniform minimum sanctions for permit violations;

(5) Uniform safety standards; and

(6) A regional emergency response plan for handling unplanned release of radioactive material.

Section 3. The party states recognize that the issue of hazardous chemical waste transportation management is similar in many respects to that of radioactive materials transportation management. Therefore, in consideration of the party states agreeing to enact regulations consistent with or in consultation with each other, the state of Washington agrees to consult with party states such as Oregon and Idaho which host hazardous chemical waste disposal facilities as to transportation management for those materials.

ARTICLE IV‑-Northwest Radioactive Materials Transportation Compact Committee

The governor of each party state shall designate one official of that state as the person responsible for administration of this compact. The officials so designated shall together comprise the Northwest radioactive materials transportation compact committee. The committee shall meet as required to consider and, where necessary, agree upon matters arising under this compact. The parties shall inform the committee of existing regulations concerning radioactive materials transportation management in their states, and shall afford all parties a reasonable opportunity to review and comment upon any proposed modifications in such regulations. The committee may also enter into arrangements with states, federal agencies, provinces, individual generators, or regional compact entities outside the region comprised of the party states relating to transportation management of radioactive materials as the committee may deem appropriate. However, it shall require a two-thirds vote of all such members, including the affirmative vote of the member of any party state in which a facility affected by such arrangement is located, for the committee to enter into such arrangement.

ARTICLE V‑-Eligible Parties and Effective Date

Section 1. Each of the following states is eligible to become a party to this compact: Idaho, Montana, Oregon, Utah, Washington, and Wyoming. As to any eligible party, this compact shall become effective upon enactment into law by that party, but it shall not become initially effective until enacted into law by two states. Any party state may withdraw from this compact by enacting a statute repealing its approval.

Section 2. After the compact has initially taken effect pursuant to section 1 of this article, any eligible party state may become a party to this compact by the execution of an executive order by the governor of the state. Any state which becomes a party in this manner shall cease to be a party upon the final adjournment of the next general or regular session of its legislature or July 1, 1987, whichever occurs first, unless the compact has by then been enacted as a statute by that state.

ARTICLE VI‑-Severability

If any provision of this compact, or its application to any person or circumstance, is held to be invalid, all other provisions of this compact, and the application of all of its provisions to all other persons and circumstances, shall remain valid; and to this end the provisions of this compact are severable.

NEW SECTION. Sec. 2. Section 1 of this act shall constitute a new chapter in Title 43 RCW.