NRC agreement state authorization.

ORIGINAL
House
Bill No
.
HB0027

ENROLLED ACT NO.
43
,

HOUSE OF REPRESENTATIVES

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2015 General Session

AN ACT relating to environmental quality; authorizing the governor to begin negotiations with the nuclear regulatory commission to seek an agreement for the state to assume regulation of source materials from uranium mining and milling and the wastes associated with the recovery, mining and milling of such source materials, as specified; authorizing the governor to negotiate and enter a final agreement with the nuclear regulatory commission, as specified; providing for the department of environmental quality to administer the program; providing rulemaking authority; authorizing additional positions as specified; directing the department of environmental quality to adopt a fee structure under the program as specified; providing appropriations; and providing for an effective date.

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

Section 1
.

W.S. 35
‑
11
‑
2001 is created to read:

ARTICLE 20
NUCLEAR REGULATORY AGREEMENT

35
‑
11
‑
2001
.

Authorization to negotiate transfer of certain nuclear regulatory functions to the state
; rulemaking
.

(a)

The governor, on behalf of the
state, is authorized
to
contact the federal nuclear regulatory commission to express the
intent of the
state of Wyoming
to

enter into
an agreement
with the
nuclear regulatory commission
providing for the assumption by the state o
f
responsibilities relating to the
regulation of source materials from uranium mining and milling and the wastes associated with the recovery, mining and milling of such source materials
.

(b)

The department of environmental quality shall serve as the lead agency for the regulation
of source materials from uranium mining and milling and the wastes associated with the recovery, mining and milling of such source materials
in the state of Wyoming under any proposed agreement negotiated under this section.

(c)

The governor, through the department, is authorized to negotiate all aspects of a potential agreement under this section between the state of Wyoming and the federal nuclea
r regulatory commission
. The governor is authorized to enter into a final agreement with the federal nuclear regulatory commission
for the regulation of source materials from uranium mining and milling and the wastes associated with the recovery, mining and milling of such source materials in the state of Wyoming
pursuant to the requirements of this section.
A final agreement under this section shall include all necessary components of a program to regulate
source materials from uranium mining and milling and the wastes associated with the recovery of such source materials
.

(d)

The department is authorized to promulgate reasonable rules and regulations necessary to effectuate the purposes of this section.

Section
2
.

(a)

T
he department of environmental quality is
authorized
up to
s
ix
(
6
)
additional
positions to implement the
purposes of this act
.
The department of environmental quality shall include these positions in its 201
7
‑
201
8
standard budget request.

(b)

The office of the at
torney general is authorized two (2
) addition
al full
‑
time permanent position
s
to
implement the purposes of this act. The office of the att
orney general shall include these
position
s
in its 2017
‑
2018 standard budget request.

(c)

The department of environmental quality shall adopt a fee structure which accounts for the full cost of
the
program
developed under this act
, including all positions authorized by this act and other positions assigned to implementation of the program developed under this act
.

Section
3
.

(a)

For the period beginning with the effective date of this act through June 30, 2016, t
here is appropriated
nine hundred twenty thousand
dollars ($
920
,
000
.00) from the general fund to the department of environmental quality
to fund the full
‑
time permanent positions authorized i
n
sub
section
2
(a)
of this act. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose. Any unobligated, unexpended funds shall revert as provided by law on June 30, 2016.

(b)

For the period beginning with the effective date of this act through June 30, 2016, there is appropriated two hundred twelve thousand two hundred fifty
‑
four dollars ($212,254.00) from the general fund to the office of the attorney general to fund the full
‑
time permanent position
s
authorized in subsection
2
(b) of this act. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose. Any unobligated, unexpended funds shall revert as provided by law on June 30, 2016.

Section
4
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1