AN ACT Relating to radioactive materials and waste transportation; adding a new chapter to Title 43 RCW; prescribing penalties; providing an effective date; and making an appropriation.

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

NEW SECTION. Sec. 1. The definitions in this section apply throughout this chapter.

(1) "Agency" means the Washington state patrol as defined in chapter 43.43 RCW.

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

(3) "Highway route controlled quantity radioactive materials" means any of the materials, including commercial spent fuel, defined as highway route controlled quantity radioactive materials by United States department of transportation regulations in 49 C.F.R. Sec. 173.403.

(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 materials" means any of the materials defined as radioactive materials by United States department of transportation regulations as found in 49 C.F.R. Sec. 173.

(6) "Radioactive waste" means radioactive waste and nuclear waste defined as radioactive waste by United States department of transportation regulations as found in 49 C.F.R. Sec. 173.

(7) "Chief" means the chief of the Washington state patrol, as defined in chapter 43.43 RCW.

(8) "Shipment" means cargo carried in a single motor vehicle including a truck, or any number of truck trailers, rail cars, vessels, or barges, moved by one or interconnected power sources.

NEW SECTION. Sec. 2. (1) No carrier may transport within the state of Washington any shipment of radioactive waste, radioactive materials, or highway route controlled quantity radioactive materials without first obtaining a permit from the agency. The permit shall accompany the shipment of radioactive materials or waste and shall be available for examination in accordance with rules adopted by the agency.

(2) This chapter shall not apply to shipments of radioactive materials or waste, made by or under the direction or supervision of the United States department of energy or the department of defense, that are escorted by personnel specifically designated by or under the authority of these agencies, solely for the purpose of national security.

(3) Transportation of radioactive materials, radioactive waste, and highway route controlled quantity radioactive materials shall be performed in compliance with applicable federal, state, and local statutes and regulations.

NEW SECTION. Sec. 3. (1) Application for a permit to transport radioactive materials, radioactive waste, or highway route controlled quantity radioactive materials under this section shall be made by carriers intending to transport radioactive materials, radioactive waste, or highway route controlled quantity radioactive materials. The application shall be in a form and manner prescribed or ruled by the chief.

(2) The application for a permit to transport radioactive materials, radioactive waste, or highway route controlled quantity radioactive materials shall include:

(a) A description of the kind and, to the extent feasible, quantity, of radioactivity of the materials or waste to be transported;

(b) A description of the mode of transport and, to the extent feasible, the route or routes to be taken and the schedule;

(c) A description of all violations, other than minor infractions, by the applicant of local, state, and federal regulations within the past year related to radioactive materials or waste transportation;

(d) Proof of compliance with federal and state liability insurance requirements; and

(e) A statement signed by the applicant that the person who actually will be transporting the radioactive materials or waste is aware of federal requirements, including but not limited to 49 C.F.R. Sec. 177.825 and 49 C.F.R. Secs. 390 through 397 to the extent those provisions are applicable, and intends to comply with the regulations.

(3) A permit may be issued on an annual or per shipment basis, except that a per shipment permit is required for highway route controlled quantity radioactive materials shipments.

(4) (a) The chief shall collect a fee from all applicants for permits under this section in an amount and manner determined by rule by the chief pursuant to this subsection. The fee for a permit to transport highway route controlled quantity radioactive materials shall be five hundred dollars per shipment. The fee for all other permits shall not exceed one hundred fifty dollars per year for an annual permit or twenty-five dollars per shipment for a single shipment permit.

(b) No additional fee shall be collected for shipments if: (i) The cargo is transferred from a previous vehicle for which a fee has been assessed; or (ii) the vehicle has a number of stops before the shipment is unloaded.

(5) The radioactive materials and waste transportation safety account is hereby created in the state treasury. Money in the account shall be spent pursuant to appropriation and only for the purposes under subsection (6) of this section. The account shall consist of:

(a) All money collected from permit fees pursuant to this section;

(b) Any money appropriated or transferred to the account by the legislature;

(d) Any federal funds made available to the state of Washington or any agency thereof for the purpose of carrying out the provisions of this chapter; and

(e) All money from civil actions brought pursuant to section 10 of this act. All earnings from investments of balances in the radioactive materials safety account shall be credited to that account.

(6) Money in the radioactive materials and waste transportation safety account may be used for the following:

(a) The costs of performing the duties of the agency under this chapter, including the costs of agency designees;

(b) The costs of utilities and transportation inspections of carriers of radioactive materials and waste;

(c) Costs for the agency to gather, organize, publish, and disseminate statistical data on the transport of radioactive materials within the state; and

(d) Costs of training of state and local officials, including fire fighters, police officers, and other emergency response personnel along major transportation of radioactive materials and waste corridors within the state to respond to radioactive materials and waste transportation incidents. The training shall be provided to the extent possible at existing training centers in the state.

(7) The chief shall issue a permit only if the applicant demonstrates that the transportation of radioactive materials or waste will comply with the requirements of this chapter.

(8) Permits issued under this section shall be subject to any reasonable conditions imposed by the chief. Permits issued under this section shall be effective for one year, unless the permit application is only for a single shipment.

(9) The chief may suspend or revoke any permit if it is determined that any provision of the permit requirements have been violated. If the chief has reasonable cause to believe that any immediate danger exists to the public health, safety, or environment, the chief may issue an emergency order suspending any permit granted under this chapter for a period not to exceed seven days.

(10) After having received a permit under this section, a permittee shall notify the agency (within twenty-four hours prior to the shipment being made) that the shipment will occur. After reaching its final destination, the permittee shall then notify the agency that the shipment of radioactive waste or materials is complete.

NEW SECTION. Sec. 4. (1) Interested state agencies and local government agencies in whose jurisdiction the route or routes of proposed shipments may be located may request from the chief information contained in the permits about proposed shipments.

(2) The chief may place reasonable conditions on a permit based on comments received from agencies acquiring information under subsection (1) of this section.

NEW SECTION. Sec. 5. The agency is the state agency designated to immediately respond to highway accidents or incidents involving the transportation of radioactive materials and waste. All action taken by the agency shall be consistent with the comprehensive emergency management plan adopted by the division of emergency management of the department of community development and in coordination with the office of radiation protection of the department of social and health services as well as any city or county fire, police, or other emergency department.

NEW SECTION. Sec. 6. Any carrier obtaining a permit under section 3 of this act shall establish and maintain records as the chief may by rule reasonably require to assure compliance with the conditions of the permit. The agency in its rules shall establish reasonable limits on the length of time that records shall be maintained.

NEW SECTION. Sec. 7. (1) Within the state of Washington, each person engaged in the highway transportation of radioactive materials or waste shall submit to a comprehensive safety and permit inspection as may be required by the agency or the utilities and transportation commission. The inspection shall ensure compliance with this chapter and all applicable state and federal statutes, rules, and regulations.

(2) Highway inspections shall be conducted by members of the agency and terminal inspections shall be conducted by the Washington utilities and transportation commission.

(3) For motor carriers, the inspection of individual vehicles shall occur no earlier than forty-eight hours before transport or, for interstate shipments, at a port of entry in the state of Washington. For other carriers, the inspection of individual vehicles may occur at the time and place set by the utilities and transportation commission, the agency, or the agency's designee. There shall be no unreasonable delays in the performance of inspections.

(4) The chief and the utilities and transportation commission shall prepare and furnish such certification of inspection forms to assure compliance.

NEW SECTION. Sec. 8. Officers of the agency have the authority to immobilize, impound, or otherwise direct the disposition of motor vehicles transporting radioactive materials and waste if the officer determines that the motor vehicle or the operation of the motor vehicle present an immediate danger to the public health, safety, or environment and if the immobilization, impoundment, or disposition is otherwise appropriate under rules adopted by the agency.

NEW SECTION. Sec. 9. The chief, the attorney general, or any appropriate prosecuting attorney may bring a civil action in superior court against a person who is alleged to have violated this chapter. Such action may be for appropriate relief or remedies specified in this chapter or any other applicable law.

NEW SECTION. Sec. 10. The chief, the attorney general, or any appropriate prosecuting attorney, for the purposes contemplated by this chapter, upon probable cause to believe that a violation of this chapter has occurred, may apply to the superior court for the county in which the violation is believed to have occurred for a subpoena to compel the attendance of witnesses and to compel the production of pertinent books, payrolls, accounts, papers, records, documents and testimony. The court shall issue a subpoena upon a finding of probable cause and shall enforce with contempt refusals to testify or to produce subpoenaed items. Subpoenas shall be served and witness fees and mileage paid as allowed in civil cases in the superior courts of this state.

NEW SECTION. Sec. 11. The remedies in this section are cumulative and nonexclusive:

(1) A person who knowingly makes a false statement or representation in any application or other document filed, maintained, or used for the purpose of complying with this chapter is liable for a civil penalty of not less than three hundred dollars but not to exceed ten thousand dollars for each separate violation.

(2) A person who violates this chapter or any permit, rule, condition, or requirement issued or promulgated pursuant to this chapter may be assessed for:

(a) The state's costs for any nonroutine investigations, inspections, monitoring, or surveys that lead to evidence of the violation;

(b) The state's costs, including the reasonable value of attorney's services, for preparing and litigating the case; and

(3) A person who knowingly fails to obtain a permit required under section 3 of this act is guilty of a gross misdemeanor and is subject to a fine of not more than five thousand dollars or imprisonment not to exceed on year, or both, for each violation. A person convicted of a second offense under this section within a period of five years of the first conviction is guilty of a class C felony punishable under chapter 9A.20 RCW.

(4) A criminal action under this section may be brought by the attorney general or any appropriate prosecuting attorney. The chief is not required to initiate an administrative or civil action before the attorney general may bring a criminal action under this section.

(5) Money recovered under this section shall be paid into the radioactive materials and waste transportation safety account created under section 3 of this act.

NEW SECTION. Sec. 12. The chief shall prepare and submit to the governor and the committees on energy and utilities of the house of representatives and the senate by January 1 of each year a comprehensive report on the transportation of radioactive materials in this state and provide an evaluation of the adequacy of the agency's emergency response capability to any accidents involving radioactive materials. The report shall include but need not be limited to:

(1) Statistical data on the number of radioactive materials shipments in the state including, to the extent feasible, the nature of the materials, their source, and their destination;

(2) A brief description and compilation of any accidents and casualties or incidents in the state involving the transportation of radioactive materials;

(3) Other statistical data regarding the shipment of radioactive materials, including a summary of the permit system instituted by the chief and the use of money collected from the permit;

(4) The status of the radioactive materials and waste transportation safety account;

(5) A summary of outstanding problems confronting the agency in the administration of this chapter; and

(6) Such recommendations for additional legislation as the chief considers necessary or appropriate.

NEW SECTION. Sec. 13. All requirements imposed by this chapter must be consistent with all applicable federal statutes, the applicable regulations of the United States department of transportation and the nuclear regulatory commission, and any other applicable rules promulgated by a federal agency or department.

NEW SECTION. Sec. 14. This chapter is not intended to affect any state law in effect on the effective date of this act or intrude upon the duties and responsibilities of any state officer with respect to matters related to this chapter, but in the case of any conflict relating to the transportation of radioactive materials or waste, this chapter shall control.

NEW SECTION. Sec. 15. The chief shall seek federal financial assistance for activities undertaken pursuant to this chapter as may be available under federal law, including the hazardous materials transportation act of 1974, P.L. 93-633 and the nuclear waste policy act of 1982, P.L. 97-425.

NEW SECTION. Sec. 16. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 17. (1) The state treasurer shall transfer one hundred thousand dollars from the general fund to the radioactive materials and waste transportation safety account, effective January 1, 1989.

(2) There is appropriated from the radioactive materials and waste transportation safety account to the Washington state patrol for the biennium ending June 30, 1989, the sum of one hundred thousand dollars, or so much thereof as may be necessary, to carry out the purposes of this act.

NEW SECTION. Sec. 18. This act shall take effect on January 1, 1989.

NEW SECTION. Sec. 19. Sections 1 through 16 of this act shall constitute a new chapter in Title 43 RCW.