AN ACT Relating to duties and funding of the state radiation control agency; amending RCW 70.98.050 and 43.200.170; and creating new sections.

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

NEW SECTION. Sec. 1. The legislature finds that in 1985 additional responsibilities were mandated upon the office of radiation protection. The legislature also finds that the funding mechanism for these additional responsibilities was tied to the volume of low-level radioactive waste disposed in the state, and resulting decreases in volume resulted in a lack of funds to carry out the mandate of the legislature. Therefore it is the intent of the legislature to fully fund these additional responsibilities with part of the revenues received from federally mandated surcharges placed on low-level waste from outside the region. It is also the intent to fund these responsibilities for a limited time to allow a future legislature the opportunity to continue these responsibilities if the need continues to exist.

Sec. 2. Section 5, chapter 207, Laws of 1961 as last amended by section 1, chapter 383, Laws of 1985 and RCW 70.98.050 are each amended to read as follows:

(1) The department of social and health services is designated as the state radiation control agency, hereinafter referred to as the agency, and shall be the state agency having sole responsibility for administration of the regulatory, licensing and radiation control provisions of this chapter.

(2) The secretary of social and health services shall be director of the agency, hereinafter referred to as the secretary, who shall perform the functions vested in the agency pursuant to the provisions of this chapter.

(3) The agency shall appoint a state radiological control officer, and in accordance with the laws of the state, fix his compensation and prescribe his powers and duties.

(4) The agency shall for the protection of the occupational and public health and safety:

(a) Develop programs for evaluation of hazards associated with use of ionizing radiation;

(b) Until June 30, 1991, develop a state-wide radiological baseline beginning with the establishment of a baseline for the Hanford reservation;

(c) Until June 30, 1991, implement an independent state-wide program to monitor ionizing radiation emissions from radiation sources within the state;

(d) Develop programs with due regard for compatibility with federal programs for regulation of byproduct, source, and special nuclear materials;

((~~(c) [(e)]~~)) (e) Until June 30, 1991, conduct environmental radiation monitoring programs which will determine the presence and significance of radiation in the environment and which will verify the adequacy and accuracy of environmental radiation monitoring programs conducted by the federal government at its installations in Washington and by radioactive materials licensees at their installations;

(f) Formulate, adopt, promulgate, and repeal codes, rules and regulations relating to control of sources of ionizing radiation;

(g) Advise, consult, and cooperate with other agencies of the state, the federal government, other states and interstate agencies, political subdivisions, and with groups concerned with control of sources of ionizing radiation;

(h) Have the authority to accept and administer loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions, from the federal government and from other sources, public or private;

(i) Until June 30, 1991, encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to control of sources of ionizing radiation, including the collection of statistical data and epidemiological research, where available, on diseases that result from exposure to sources of ionizing radiation;

(j) Collect and disseminate information relating to control of sources of ionizing radiation; including:

(i) Maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations;

(ii) Maintenance of a file of registrants possessing sources of ionizing radiation requiring registration under the provisions of this chapter and any administrative or judicial action pertaining thereto; and

(iii) Maintenance of a file of all rules and regulations relating to regulation of sources of ionizing radiation, pending or promulgated, and proceedings thereon;

(k) In connection with any contested case as defined by RCW 34.04.010 or any other administrative proceedings as provided for in this chapter, have the power to issue subpoenas in order to compel the attendance of necessary witnesses and/or the production of records or documents.

(5) In order to avoid duplication of efforts, the agency may acquire the data requested under this section from public and private entities that possess this information.

NEW SECTION. Sec. 3. (1) By July 31, 1988, the state radiation control agency shall begin or shall contract to begin a study to determine the presence or absence of radon in individual residential structures in the state. If specific funding for the purposes of this study is not provided by July 1, 1988, this section shall be null and void.

(2) The state and any official of the state, in promoting or participating in studies to determine radon levels in the environment, shall be immune from liability arising out of the failure of any radon testing contractor to accurately measure and supply information collected.

(3) The results of the study under this section, and any recommendations based thereon, shall be submitted to the governor and the appropriate standing committees of the legislature by December 1, 1989.

Sec. 4. Section 3, chapter 2, Laws of 1986 and RCW 43.200.170 are each amended to read as follows:

The governor may assess surcharges and penalty surcharges on the disposal of waste at the Hanford low-level radioactive waste disposal facility. The surcharges may be imposed up to the maximum extent permitted by federal law. Moneys ((~~received~~)) retained under this section shall be deposited in the general fund and twenty percent shall be used to fund the activities of the state radiation control agency under chapter 70.98 RCW.