S-0214.1  _______________________________________________

                         SENATE BILL 5059

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senators Brown and Morton

Read first time 01/11/1999.  Referred to Committee on Environmental Quality & Water Resources.

Allowing counties to assess impact fees to cover the costs associated with the transport of radioactive waste over their roadways.

    AN ACT Relating to the transportation impacts of low-level radioactive waste; amending RCW 43.200.010; and adding a new section to chapter 43.200 RCW.

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

    Sec. 1.  RCW 43.200.010 and 1983 1st ex.s. c 19 s 1 are each amended to read as follows:

    The legislature finds that the safe transporting, handling, storage, or otherwise caring for radioactive wastes is required to protect the health, safety, and welfare of the citizens of the state of Washington.  It is the purpose of this chapter to establish authority for the state to exercise appropriate oversight and care for the safe management and disposal of radioactive wastes; to establish authority for counties affected by the transportation of mill tailings classified as 11e(2) waste under the federal atomic energy act of 1952 to recover reasonable fees to plan for and respond to the movement of such wastes; to consult with the federal government and other states on interim or permanent storage of these radioactive wastes; and to carry out the state responsibilities under the federal nuclear waste policy act of 1982.

NEW SECTION. Sec. 2.  A new section is added to chapter 43.200 RCW to read as follows:

    (1) When the transportation of waste classified as 11e(2) radioactive waste under the federal atomic energy act of 1952 from outside the state into a county within the state is authorized under this chapter, any county through which such waste will be transported may assess county impact fees to cover the cost reasonably necessary for the county to prepare for and respond to the movement of such waste through the county.

    (2) County impact fees assessed under this section may be imposed by the affected counties on the entity or entities responsible for transporting the waste only after the county legislature authority conducts an evidentiary hearing on the following:

    (a) The potential transportation and safety impacts resulting from the movement of waste through the county, including the need to plan and prepare for possible degradation of county roads, and potential accidents and spills; and

    (b) The extent to which the state plan for authorizing the transportation of such waste addresses the impacts on the affected county.

                            --- END ---