SENATE BILL REPORT

ESB 5164

BYSenators Williams, Stratton, Tanner, Bauer, Bender, Conner, DeJarnatt, Halsan, Hansen, Talmadge, Garrett, Gaspard, Rasmussen, Wojahn, Owen, Smitherman, Rinehart, Peterson and Moore

Establishing an interstate agreement on the transportation of radioactive materials.

Senate Committee on Energy & Utilities

Senate Hearing Date(s):January 22, 1987

Majority Report:  Do pass as amended.

      Signed by Senators Williams, Chairman; Owen, Vice Chairman; Cantu, Smitherman, Stratton.

Senate Staff:Paul Parker (786-7455)

                  February 11, 1987

AS PASSED SENATE, FEBRUARY 11, 1987

BACKGROUND:

The federal government regulates many aspects of the transportation of radioactive material.  The states, however, remain responsible for emergency response and vehicle inspection and may enforce other regulations not in conflict with federal law.

Vehicle inspection requirements and procedures vary from state to state.  The emergency response capability of local and state governments differs both between states and within the same state.  In some border areas, agencies from neighboring states are prepared to cooperate on emergency response.  However, specific mechanisms for coordinated response to a transportation accident could be strengthened.

Federal regulators and the transport industry have challenged some state regulation of hazardous material transport, including some permit and fee systems, as burdensome to interstate commerce.  The potential burdens on commerce and the likelihood of a preemption challenge increase as each state develops its own regulatory scheme.  The U.S. Department of Transportation and U.S. Department of Energy have recommended that states develop multi-state agreements for permit systems and cooperative inspection and enforcement.

SUMMARY:

A committee comprised of state officials from neighboring states is established.  The committee is directed to develop model regulatory standards for each state to legislatively act upon and to coordinate decisions by the states relating to the routing and inspection of shipments of radioactive material.  The committee is also directed to develop a means to coordinate emergency response regionally and to discuss regional cooperation and coordination for the transportation of hazardous waste and other hazardous materials.  The Governor is directed to appoint the state's designee to the interstate committee.

Fiscal Note:      available

Effective Date:Upon enactment by two party states.

Senate Committee - Testified: Rick Jensen, WSP; Dick Watson, WSEO; Steve McLellan, WUTC; Bill Bennett, Department of Emergency Services