AN ACT Relating to radioactive affairs; amending RCW 43.200.010, 43.200.015, 43.200.020, 43.200.025, 43.200.050, 43.200.100, 43.200.140, 43.200.144, and 43.200.150; and reenacting and amending RCW 43.200.040.

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

Sec. 1. Section 1, chapter 19, Laws of 1983 1st ex. sess. and RCW 43.200.010 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 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.)) The legislature finds that the nuclear waste board and nuclear waste advisory council were created in an effort to oppose the federal government's study of the Hanford reservation for a potential location of a high-level nuclear waste repository. The legislature further finds that federal legislation has eliminated the concern about Hanford's selection as a repository site and that the pressing need is now a concerted effort to obtain federal funding for treatment, immobilization, and safe storage of the wastes produced from decades of defense materials' production at Hanford. Only a positive effort of shifting to a new direction and attitude of good faith and cooperation by state agencies and officials will ensure that the state is able to obtain the financial support of the federal government for cleanup of the Hanford defense wastes.

Sec. 2. Section 1, chapter 161, Laws of 1984 as amended by section 1, chapter 293, Laws of 1985 and RCW 43.200.015 are each amended to read as follows:

As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

(1) "Board" means the nuclear ((~~waste~~)) affairs board established in RCW 43.200.040.

(2) "Federal department of energy" means the federal department of energy or any successor agency assigned responsibility for the long-term disposal of high-level radioactive waste.

(3) "Nuclear regulatory commission" means the United States nuclear regulatory commission or any successor agency responsible for approving construction of a repository for the long-term disposal of high-level radioactive waste and spent nuclear fuel.

(4) "Hanford candidate site" means the site identified by the United States department of energy as a potentially acceptable site for the disposal of spent nuclear fuel and high-level radioactive waste pursuant to the nuclear waste policy act of 1982.

(5) "High-level radioactive waste" means "high-level radioactive waste" as the term is defined in 42 U.S.C. Sec. 10101 (P.L. 97-425).

(6) "Low-level radioactive waste" means waste material that contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or state standards for unrestricted release. Low-level waste does not include waste containing more than one hundred nanocuries of transuranic contaminants per gram of material, nor spent reactor fuel, nor material classified as either high-level radioactive waste or waste that is unsuited for disposal by near-surface burial under any applicable federal regulations.

(7) "Radioactive waste" means both high-level and low-level radioactive waste.

(8) "Spent nuclear fuel" means spent nuclear fuel as the term is defined in 42 U.S.C. Sec. 10101.

(9) "Department" means the department of ecology.

(10) "Nuclear-related industry" means nuclear medicine application and research, commercial industries which generate low-level radioactive waste, academic facilities which generate low-level radioactive waste, nuclear-generated electricity production, nuclear waste management and disposal industries, and industries which conduct research into the uses of radioactivity.

Sec. 3. Section 2, chapter 19, Laws of 1983 1st ex. sess. as amended by section 2, chapter 161, Laws of 1984 and RCW 43.200.020 are each amended to read as follows:

The nuclear ((~~waste~~)) affairs board shall carry out the authority and responsibility set forth in this chapter. The department of ecology is designated as the executive branch agency for participation in the federal nuclear waste policy act of 1982 and the federal low-level radioactive waste policy act of 1980, however the legislature retains an autonomous role with respect to participation in all aspects of the federal nuclear waste policy act of 1982. The board and the department may receive federal financial assistance for carrying out radioactive waste management activities, including assistance for expenses, salaries, travel, and monitoring and evaluating the program of repository exploration and siting undertaken by the federal government.

The board shall submit a written report at least semiannually to the governor and to each member of the legislature on the radioactive ((~~waste~~)) affairs program, its progress in carrying out its responsibilities, and any recommendations for legislative or administrative action that will improve the state's economy, management and control activity in maximizing public health and safety.

Sec. 4. Section 3, chapter 161, Laws of 1984 and RCW 43.200.025 are each amended to read as follows:

(1) The board shall be responsible for identifying and reviewing ((state agency policies relating to the management of radioactive wastes; analyzing recommendations of the advisory council to determine how state agencies may be responsive to the needs of the board in carrying out its duties under this chapter; determining ways in which coordination among state agencies can be improved; carrying out such review activities that will enable the state to effectively evaluate federal actions; reviewing the activities of advisory and technical committees; studying the need for additional advisory and technical committees; and participating in the consultation and concurrence process provided for in the federal waste management act of 1982 and assisting the department to participate in the low-level waste policy act of 1980 and to monitor and comment on decisions of the northwest interstate compact committee on low-level radioactive waste management)): (a) The extent and economic impact of nuclear-related industries within the state; (b) state agency policies relating to nuclear industries in the state; and (c) how state agencies may be more responsive to the needs of nuclear industries within the state.

(2) The board shall disseminate or arrange with the federal department of energy or other federal agency to disseminate information received pursuant to its activities under this chapter to the legislature, appropriate state agencies, local units of government, regional planning commissions, American Indian tribal governing bodies, the radioactive ((~~waste~~)) affairs advisory council, and persons who have requested in writing to receive this information.

(3) The board shall serve as a spokesman on behalf of the citizens of this state before the federal department of energy and other federal agencies on matters related to the disposal of high-level radioactive waste.

(4) The board shall promote and coordinate through the radioactive ((~~waste~~)) affairs advisory council educational programs which provide information on nuclear industries within the state and the nature of high-level radioactive waste, the disposal of these wastes, the activities of the board, the activities of the federal department of energy and other federal agencies related to the disposal of high-level radioactive waste, and the opportunities of the public to participate in procedures and decisions related to the disposal of high-level radioactive waste.

(5) The board shall monitor activity in congress and the federal government related to the disposal of high-level radioactive waste. The board may advise the congressional delegation from this state of action which is needed to protect the interests of the state.

(6) The board may request and delegate to the department the undertaking of any of the activities assigned to the board by the provisions of this chapter. The board may delegate administrative matters to the department to assist the board in carrying out its activities under this chapter.

Sec. 5. Section 4, chapter 19, Laws of 1983 1st ex. sess. as amended by section 5, chapter 161, Laws of 1984 and by section 91, chapter 287, Laws of 1984 and RCW 43.200.040 are each reenacted and amended to read as follows:

(1) There is hereby created a nuclear ((~~waste~~)) affairs board. The board shall consist of the following members: The chairman of the advisory council who shall also serve as chairman of the review board, the director of ecology or the director's designee, the director of the energy office or the director's designee, the commissioner of public lands or the commissioner's designee, the secretary of social and health services or the secretary's designee, the chairman of the energy facility site evaluation council or the chairman's designee, the director of the Washington state water research center or the director's designee, four members of the state senate, appointed by the president of the senate, and four members of the house of representatives, appointed by the speaker, who shall be selected from each of the caucuses in each house, but no more than two members of each house shall be of the same political party. Legislative members shall be ex officio nonvoting members of the board and shall serve while members of the legislature, at the pleasure of the appointing officer.

(2) Nonlegislative members shall be compensated in accordance with RCW 43.03.240 and shall receive reimbursement for travel expenses incurred in the performance of their duties in accordance with RCW 43.03.050 and 43.03.060. Legislative members shall receive reimbursement for travel expenses incurred in the performance of their duties in accordance with RCW 44.04.120. The legislature shall seek reimbursement from available sources, including the federal government, for legislative expenditures incurred pursuant to the provisions of this chapter.

Sec. 6. Section 5, chapter 19, Laws of 1983 1st ex. sess. as amended by section 6, chapter 161, Laws of 1984 and RCW 43.200.050 are each amended to read as follows:

(1) An advisory council is hereby established of not less than fifteen members appointed by the governor and subject to senate confirmation to provide advice, counsel, and recommendations to the board on all aspects of the radioactive waste management program. The council shall particularly advise the board on maximizing opportunities for public involvement in the program, soliciting public input, and assisting in the need for wide understanding of the issues involved in nuclear waste management. The governor shall appoint the chairman of the advisory council who shall also serve as chairman of the nuclear ((~~waste~~)) affairs board. Members of the council shall be selected from all areas of the state and shall include a broad range of citizens, representatives of local governments, and representatives of such other interests as the governor determines will best further the purposes of this chapter. A representative of an affected Indian tribe may be an ex officio nonvoting member of the council. Terms of council members shall not exceed two years and they shall continue to serve until their successors are appointed. Vacancies shall be filled in the same manner as original appointments. Members may be reappointed. The governor may appoint a replacement for any council member who is temporarily unable to fulfill the responsibilities required of a council member. The replacement shall serve at the pleasure of the governor. Members shall receive reimbursement for travel expenses incurred in the performance of their duties in accordance with RCW 43.03.050 and 43.03.060.

Sec. 7. Section 9, chapter 161, Laws of 1984 and RCW 43.200.100 are each amended to read as follows:

(1) The board shall be the lead agency in negotiations and shall negotiate agreements and modifications to agreements with the federal department of energy. The legislature may appoint one or more representatives to participate in the negotiations. Additionally the board shall consult with the radioactive ((~~waste~~)) affairs advisory council, the department of ecology, and the legislature during the negotiation of any agreement or modification to an agreement with the federal department of energy.

(2) The board shall conduct more than one public hearing on any proposed agreement or modification to an agreement negotiated under subsection (1) of this section. The board shall provide fourteen days notice of the date and location of hearings conducted under this subsection. The board shall prepare a written summary of testimony presented at hearings conducted under this subsection and shall consider the need for modifications to the negotiated agreement as a result of the hearings.

(3) No agreement or modification to an agreement negotiated under subsection (1) of this section may take effect unless it is recommended to be approved by a majority of the members of the full board.

(4) No agreement or modification to an agreement negotiated under subsection (1) of this section may take effect unless it is reviewed under RCW 43.200.110.

(5) In performing their responsibilities under this section, the board and its membership shall use good faith efforts and their best judgments to: (a) Develop an ongoing program to inform the public of its actions and to address concerns of the public as they arise; (b) insure, to the maximum extent feasible, that:

(i) No right or opportunity for participation to which the state is entitled under the Nuclear Waste Policy Act of 1982 (42 U.S.C. Sec. 10101 et seq.) be waived by written agreement;

(ii) The state be afforded adequate remedies in the event of breach of the written agreement;

(iii) Wherever possible, the state obtain through agreement additional rights and privileges which are not inconsistent with the Nuclear Waste Policy Act;

(iv) The written agreement incorporate the funding under provisions of section 116 of the Nuclear Waste Policy Act as a federal contractual obligation with the state of Washington;

(v) The written agreement contains provisions specifying the level of funding that the state will receive from the United States department of energy under the Nuclear Waste Policy Act with respect to but not limited to public health and safety, environmental, socioeconomic, and related impacts which are anticipated at the time of agreements; allows for cost escalation and scope of project changes; and further contains provisions specifying how the amount of funding will be determined with respect to later environmental, socioeconomic and related impacts;

(vi) The consultation and cooperation agreement provided for in the Nuclear Waste Policy Act be executed by the earliest possible date reasonably attainable in order that the state be adequately protected by such agreement at all points in the federal-state relationship; and

(vii) The Washington state legislature be fully apprised of the status of the negotiation of the written agreement.

Sec. 8. Section 13, chapter 161, Laws of 1984 and RCW 43.200.140 are each amended to read as follows:

(1) If the federal department of energy recommends a site in the state to the president of the United States for the development of a repository for the long-term disposal of high-level radioactive waste, the board shall review the selected site. The review shall include a full review of the adequacy of the selected site. The board shall solicit written comments on the selected site from the radioactive ((~~waste~~)) affairs advisory council. The board shall use recognized experts in conducting its review. The board shall conduct more than one public hearing concerning the selected site and shall make available to the public arguments and evidence for and against the selected site. The board shall provide at least fourteen days notice of the date and location of the public hearings. The board shall solicit comments from appropriate state agencies, local units of government, regional planning commissions, American Indian tribal governing bodies, the general public, and interested citizen groups on the adequacy of the selected site. The board shall make these comments available to the public.

(2) After completing this review but not later than fifteen days after the date on which the president recommends a site for repository development to the congress, the board shall submit a recommendation to the speaker of the house of representatives, the president of the senate, the governor, and the committees on energy and utilities of the house of representatives and senate on whether the state should accept the site selected by the federal department of energy. The recommendation to the speaker of the house of representatives and the president of the senate shall be accompanied by a request for the introduction of a concurrent resolution to approve the site selected or by a request for the introduction of a concurrent resolution to disapprove the site.

(3) Pursuant to Article II, section 12 of the state Constitution, the secretary of the senate and the chief clerk of the house of representatives shall poll the members of the legislature if the president recommends a site in the state for the development of a repository for disposal of high-level radioactive waste to determine if the legislature desires a special session to address the repository site selection issue.

(4) The energy and utilities committees of the house of representatives and the senate shall review the board's recommendation within thirty days after receipt of the board's recommendation under subsection (2) of this section. The committees may recommend approval or disapproval of the recommendation or modification of the recommendation via a concurrent resolution if the legislature is in session to the speaker of the house of representatives and the president of the senate for review and action by the full legislature. If the legislature is not in session and has not convened a special session pursuant to subsection (3) of this section, the committees may recommend approval or disapproval of the written agreement or modification of the agreement by a written statement from either committee submitted to the speaker of the house and/or the president of the senate.

(5) After the governor or the legislature take action under subsection (4) of this section, the chief clerk of the house of origin or the governor shall notify the board of the action taken and the board shall send a report to the president of the United States, the members of the United States senate, the members of the United States house of representatives, the federal department of energy, and other appropriate federal agencies. The report shall contain a summary of the review undertaken by the board in accordance with subsection (1) of this section, the recommendation made by the board under subsection (2) of this section, and the action of the legislature under subsection (4) of this section.

Sec. 9. Section 3, chapter 293, Laws of 1985 and RCW 43.200.144 are each amended to read as follows:

(1) The board shall undertake studies: (a) To determine ((any potential economic, social, public health and safety, and environmental impacts of a repository for the long-term disposal of high-level radioactive waste and spent nuclear fuel on the state and its residents)) the economic impact of nuclear-related industries within the state; (b) of the risks to the citizens of this state associated with the transportation of radioactive wastes by whatever mode into and through the state of Washington. The study shall include recommendations for state and local authorities on alternative routes for transportation of radioactive wastes which shall be developed in accordance with 49 C.F.R. part 177, appendix A. The study shall also examine the responsibilities and capabilities of state, local, and federal agencies to respond to transportation accidents involving radioactive waste and develop recommendations for improvement where needed to best protect the public health and safety. Progress reports on the study shall be made at each meeting of the board. The board shall set a completion date for the study to coincide with the need to establish state or local routing alternatives in accordance with the federal hazardous materials transportation act; (c) of the potential impacts of siting a repository for the long-term storage or disposal of high-level radioactive waste and spent nuclear fuel at the Hanford candidate site on the financial and technical resources of all affected state agencies and local governments. The board shall commence this study as soon as practicable and shall report on its progress in its semiannual reports required by RCW 43.200.020.

(2) The board shall develop a request for impact assistance to be submitted in the event the Nuclear Regulatory Commission approves construction of a repository at the Hanford candidate site.

(3) The board may undertake any other studies or activities for which it shall seek funding from the federal government.

Sec. 10. Section 14, chapter 161, Laws of 1984 as amended by section 4, chapter 293, Laws of 1985 and RCW 43.200.150 are each amended to read as follows:

The department shall provide administrative and technical staff support as requested by the board. As directed by the board, the department shall be responsible for obtaining and coordinating technical expertise necessary for board participation in nuclear ((~~waste~~)) affairs programs and shall be responsible for ongoing technical coordination and administration of program activities. Other state agencies shall assist the board in fulfilling its duties to the fullest extent possible. The board and/or the department may contract with other state agencies to obtain expertise or input uniquely available from that agency. The board may contract with private parties to obtain expertise or input necessary to perform any study required in this chapter, for which it shall seek funding from the federal government.