H-193                _______________________________________________

                                                     HOUSE BILL NO. 56

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives D. Nelson, Rust, Jacobsen, Nealey, Long, Sutherland, Valle and Gallagher

Read first time 1/17/85 and referred to Committee on Energy & Utilities.

AN ACT Relating to the powers of the nuclear waste board; and amending RCW 43.200.015 and 43.200.025.

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

        Sec. 1.  Section 1, chapter 161, Laws of 1984 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 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) "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).

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

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

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

        Sec. 2.  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)); analyzing recommendations and authorizing actions proposed by 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.

          (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 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 advisory council educational programs which provide information on 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.