Radioactive materials transportation.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0317

HOUSE BILL
NO.
HB0158

Radioactive materials transportation.

Sponsored by:
Representative(s) Gilmore, Meuli, Robinson and Wasserburger and Senator(s) Geis and Ross

A BILL

for

AN ACT relating to radioactive materials; modifying emergency response fees imposed on transportation of radioactive materials; modifying uses of fees; clarifying provisions; modifying definitions; repealing inconsistent provisions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 37
‑
14
‑
103(a), (b)(i)(A) and (B) is amended to read:

37
‑
14
‑
103.

Emergency response fee.

(a)

In addition to any other fees and taxes provided by law, an emergency response fee of
two hundred dollars ($200.00)
one thousand five hundred dollars ($1,500.00)

shall apply to each
package
shipment
of radioactive materials
originating outside this state and
transported through this state. The department of transportation shall collect this fee based on a permit issued by the department which is not inconsistent with federal law. The department shall promulgate rules on issuing and revoking permits which are not inconsistent with federal law. The department shall promulgate rules on quarterly reporting and payment of fees, retention of records and audit requirements. All emergency response fees shall be deposited in a fund within the special revenue fund
to be used
by the Wyoming office of homeland security with the approval of the governor
for the payment of costs associated with
training for and conducting
emergency response
procedures related
to
, and recovery of, incidents involving
the transportation of radioactive materials
.

Nothing in this subsection shall affect the liability of the person responsible for an incident involving the transportation of radioactive materials.

(b)

As used in this section:

(i)

"Radioactive materials" means:

(A)

Highway route controlled quantities of radioactive materials as defined in 49 C.F.R. 173.403(l) as amended as of
January 1, 1989
October 1, 2003
; and

(B)

Nuclear waste being transported
to the waste isolation pilot plant in New Mexico,
to any facility
,

established pursuant to section 135 of the federal "Nuclear Waste Policy Act of 1982" as amended, 42 U.S.C. 10101 et seq., to any
or
repository licensed for the
permanent deep geological
storage or
disposal of high-level radioactive waste
, transuranic waste
and spent nuclear fuel
.
, or to any monitored retrievable storage facility established pursuant to section 141 of the federal "Nuclear Waste Policy Act of 1982" as amended.

Section 2.

W.S. 31
‑
18
‑
407 and 37
‑
14
‑
103(b)(ii) are repealed.

Section 3.

This act is effective July 1, 2005.

(END)

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HB0158