Sixty-first General Assembly
LLS NO. 970559.01 MCV
SENATE BILL 97154
STATE OF COLORADO
BY SENATOR J. Johnson;
also REPRESENTATIVE Schauer.
AGRICULTURE, NATURAL
RESOURCES & ENERGY
A BILL FOR AN ACT
CONCERNING REGULATION OF RADIOACTIVE MATERIAL.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Modifies the definition of "lowlevel waste" in the Rocky Mountain Lowlevel Radioactive Waste Compact and implementing statutes to exclude:
$ Wastes derived from mining, milling, smelting, and other processing of ore and mineralbearing material to obtain radium, in addition to wastes derived from such activities intended to obtain other materials; and
$ Naturally occurring radioactive material.
Modifies the definition of "radioactive material" for the purposes of radiation control to exclude naturally occurring radioactive material with an activity level of less than 50 picocuries per gram.
Provides that the requirement that sites for the concentration, storage, or disposal of radioactive material, and all radioactive material received at such sites, be owned by the state does not apply to the following material:
$ Radioactive material with an activity level of 2,000 picocuries per gram; and
$ Naturally occurring radioactive material.
Directs the department of public health and environment to impose deed restrictions, easement provisions, and financial assurance mechanisms on any nonstate owned site and facility for the storage or disposal of radioactive materials.
Allows the department of public health and environment and the governing body of the county or municipality having jurisdiction to approve the disposal of naturally occurring radioactive material prior to the adoption of rules on such subject by the state board of health.
Allows the disposal of radioactive materials, materials
contaminated by radioactive substances, or naturally occurring
radioactive material in a solid wastes disposal site and facility
only if the certificate of designation specifically allows such
disposal or if the department of public health and environment
and the governing body of the county or municipality having jurisdiction
approves such disposal on a casebycase basis, rather
than only if the site or facility is specifically designated for
that purpose.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Paragraphs (4) and (5) of subsection G. of article 2 of the Rocky Mountain Lowlevel Radioactive Waste Compact, approved by section 24602202, Colorado Revised Statutes, 1988 Repl. Vol., are amended, and the said subsection G. of article 2 is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:
24602202. Execution of compact. The general assembly hereby approves and ratifies and the governor shall enter into a compact on behalf of the state of Colorado, which shall be known as the "Rocky Mountain Lowlevel Radioactive Waste Compact", with any of the United States or other jurisdictions legally joining therein in the form substantially as follows:
ARTICLE 2
DEFINITIONS
As used in this compact, unless the context clearly indicates otherwise:
G. "Lowlevel waste" or "waste" means radioactive waste, other than:
(4) Byproduct material as defined in Section
11 e. (2) of the "Atomic Energy Act of 1954", as amended
on November 8, 1978; or
(5) Wastes from mining, milling, smelting,
or similar processing of ores and mineralbearing material;
primarily for minerals other than
radium; OR
(6) NATURALLY OCCURRING RADIOACTIVE MATERIAL.
SECTION 2. 24602204 (3) (d) and (3) (e), Colorado Revised Statutes, 1988 Repl. Vol., are amended, and the said 24602204 (3) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read:
24602204. Definitions. As used in sections 24602205 to 24602212, unless the context otherwise requires:
(3) "Lowlevel radioactive waste" means radioactive waste, other than:
(d) Byproduct material as defined in Section
11 e. (2) of the "Atomic Energy Act of 1954", as amended
on November 8, 1978; or
(e) Wastes from mining, milling, smelting,
or similar processing of ores and mineralbearing material;
primarily for minerals other than
radium; OR
(f) NATURALLY OCCURRING RADIOACTIVE MATERIAL.
SECTION 3. 24602204, Colorado Revised Statutes, 1988 Repl. Vol., is amended BY THE ADDITION OF A NEW SUBSECTION to read:
24602204. Definitions. As used in sections 24602205 to 24602212, unless the context otherwise requires:
(4) "NATURALLY OCCURRING RADIOACTIVE MATERIAL" HAS THE SAME MEANING AS SET FORTH IN SECTION 2511101 (2.7), C.R.S.
SECTION 4. 2511101 (3), Colorado Revised Statutes, 1989 Repl. Vol., is amended to read:
2511101. Definitions. As used in this part 1, unless the context otherwise requires:
(3) "Radioactive material" means any material, solid, liquid, or gas, which emits ionizing radiation spontaneously; EXCEPT THAT "RADIOACTIVE MATERIAL" DOES NOT INCLUDE NATURALLY OCCURRING RADIOACTIVE MATERIAL WITH AN ACTIVITY LEVEL OF LESS THAN FIFTY PICOCURIES PER GRAM.
SECTION 5. 2511103 (7) (h), Colorado Revised Statutes, 1989 Repl. Vol., is amended, and the said 2511103 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
2511103. Radiation control
agency powers and duties. (7) (h) It
is recognized by the general assembly that any site used for the
concentration, disposal, or storage of radioactive material and
the contents thereof will represent a continuing and perpetual
responsibility involving the public health, safety, and general
welfare and that ownership of said site and its contents must
ultimately be reposed in a solvent government, without regard
for the existence of any particular agency, instrumentality, department,
division, or officer thereof. To this end and subject only to
the terms of any lease or license issued under paragraph (b) of
this subsection (7) AND TO THE EXCEPTION PROVIDED IN SUBSECTION
(7.5) OF THIS SECTION, all lands, buildings, and grounds acquired
by the state under paragraph (a) of this subsection (7) which
THAT are used as sites for the concentration, storage, or disposal
of radioactive materials shall be owned in fee simple absolute
by the state and dedicated in perpetuity to such purposes, and
all radioactive material received at such facility, upon permanent
storage therein, shall become the property of the state and shall
be in all respects administered, controlled, and disposed of,
including transfer by sale, lease, loan, or otherwise, by the
state, through the department, unless the general assembly shall
designate another agency, instrumentality, department, or division
of the state so to act.
(7.5) SUBSECTION (7) OF THIS SECTION DOES NOT APPLY TO THE STORAGE OR DISPOSAL OF RADIOACTIVE MATERIAL THAT HAS AN ACTIVITY LEVEL OF LESS THAN TWO THOUSAND PICOCURIES PER GRAM OR STORAGE OR DISPOSAL OF NATURALLY OCCURRING RADIOACTIVE MATERIAL. THE DEPARTMENT SHALL REQUIRE DEED RESTRICTIONS, EASEMENT PROVISIONS, AND FINANCIAL ASSURANCE MECHANISMS FOR ANY NONSTATE OWNED SITE AND FACILITY FOR THE STORAGE OR DISPOSAL OF RADIOACTIVE MATERIALS.
SECTION 6. 2511104 (1) (b), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read:
2511104. Rules and regulations to be adopted fees fund created. (1) (b) The state board of health may adopt regulations concerning the disposal of naturally occurring radioactive materials at any time after the promulgation by the federal environmental protection agency or its successor of rules for the disposal of naturally occurring radioactive materials. THE DEPARTMENT AND THE GOVERNING BODY HAVING JURISDICTION HAVE THE AUTHORITY TO APPROVE DISPOSAL OF SUCH MATERIALS PRIOR TO THE ADOPTION OF SUCH REGULATIONS BY THE STATE BOARD OF HEALTH AND SHALL FOLLOW SUCH REGULATIONS AFTER SUCH ADOPTION.
SECTION 7. 3020110 (1) (c), Colorado Revised Statutes, 1986 Repl. Vol., is amended to read:
3020110. Minimum standards. (1) The rules and regulations promulgated by the department shall contain the following minimum standards:
(c) No radioactive materials, or
materials contaminated by radioactive substances, OR NATURALLY
OCCURRING RADIOACTIVE MATERIALS WITH AN ACTIVITY LEVEL OF LESS
THAN FIFTY PICOCURIES PER GRAM shall be disposed of in sites or
facilities not specifically designated
for that purpose UNLESS THE SITE
AND FACILITY'S CERTIFICATE OF DESIGNATION SPECIFICALLY ALLOWS
FOR SUCH DISPOSAL OR SUCH DISPOSAL IS APPROVED ON A CASEBYCASE
BASIS BY THE DEPARTMENT AND THE GOVERNING BODY HAVING JURISDICTION.
SECTION 8. Effective date. Sections 1, 2, and 3 of this act shall take effect upon adoption of the provisions of section 1 of this act by all parties to the Rocky Mountain Lowlevel Radioactive Waste Compact. The remainder of this act shall take effect July 1, 1997.
SECTION 9. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.