S-3412               _______________________________________________

                                                   SENATE BILL NO. 6427

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Senator Williams

Read first time 1/20/88 and referred to Committee on Energy & Utilities.

AN ACT Relating to low-level radioactive waste disposal; amending RCW 70.98.085; adding a new section to chapter 70.98 RCW; adding a new section to chapter 82.04 RCW; making an appropriation; prescribing effective dates; and declaring an emergency.

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

        Sec. 1.  Section 3, chapter 383, Laws of 1985 as amended by section 2, chapter 2, Laws of 1986 and RCW 70.98.085 are each amended to read as follows:

          (((1))) The agency is empowered to suspend and reinstate site use permits consistent with current regulatory practices and in coordination with the department of ecology, for generators, packagers, or brokers using the Hanford low-level radioactive waste disposal facility.

          (((2) The agency shall collect a surveillance fee as an added charge on each cubic foot of low level radioactive waste disposed of at the disposal site in this state which shall be set at a level that is sufficient to fund completely the radiation control activities of the agency which are not otherwise covered by cost recovery programs including, but not limited to, any funds from federal sources:  PROVIDED, That the surveillance fee shall not exceed four percent of the basic minimum fee charged by an operator of a low-level radioactive waste disposal site in this state.  The basic minimum fee consists of the disposal fee for the site operator, the fee for the perpetual care and maintenance fund administered by the state, the fee for the state closure fund, and the tax collected pursuant to chapter 82.04 RCW.  Site use permit fees and surcharges collected under chapter 43.200 RCW are not part of the basic minimum fee.  The fee shall also provide funds for other state agencies that incur expenses as a result of the control and management of the disposal of low-level radioactive waste in the state of Washington.  Disbursements for these purposes to other state agencies shall be by authorization of the secretary of the department of social and health services or the secretary's designee.

          The agency may adopt such rules as are necessary to carry out its responsibilities under this section.))

NEW SECTION. Sec. 2.  A new section is added to chapter 70.98 RCW to read as follows:

          (1) The agency shall charge a license fee to the operator of a low-level radioactive waste disposal site in the state.  The license fee shall be set so as to recover, but shall not exceed, the state's low-level radioactive waste surveillance costs.

          (2) As used in this section, "low-level radioactive waste surveillance costs" means the costs to the state related to or caused by the operation of a low-level radioactive waste disposal site in the state.  The costs include, but are not limited to, the costs of issuing, amending, and ensuring compliance with the license of the site operator, suspending and reinstating site use permits, inspecting waste shipments, monitoring the disposal site, and related administrative and technical costs.

NEW SECTION. Sec. 3.  A new section is added to chapter 82.04 RCW to read as follows:

          In computing tax there may be deducted from the measure of tax the amount paid by the operator of a low-level radioactive waste disposal site as license fees under section 2 of this act.

NEW SECTION. Sec. 4.     There is appropriated from the general fund to the public health program of the department of social and health services for the biennium ending June 30, 1989, the sum of five hundred eighty thousand dollars, or so much thereof as may be necessary, to fund the environmental monitoring, radioactive waste surveillance, and radiation public health activities of the office of radiation protection not otherwise funded through fees or federal funding.

NEW SECTION. Sec. 5.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions.  Sections 1 and 2 of this act shall take effect January 1, 1988.  Section 4 of this act shall take effect immediately.