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General Assembly Raised Bill No. 6499
January Session, 2021
LCO No. 3417
Referred to Committee on ENVIRONMENT
Introduced by:
(ENV)
AN ACT CONCERNING RA DIATION SECURITY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 22a-151 of the general statutes is amended by 1
adding subdivisions (9) and (10) as follows (Effective October 1, 2021): 2
(NEW) (9) "Radioactive materials" means any solid, liquid or gas that 3
emits ionizing radiation spontaneously. 4
(NEW) (10) "Commissioner" means the Commissioner of Energy and 5
Environmental Protection or the commissioner's designee or agent. 6
Sec. 2. Section 22a-153 of the general statutes is repealed and the 7
following is substituted in lieu thereof (Effective October 1, 2021): 8
(a) The Commissioner of Energy and Environmental Protection shall 9
supervise and regulate in the interest of the public health and safety the 10
use of ionizing radiation within the state. 11
(b) Said commissioner may employ, subject to the provisions of 12
chapter 67, and prescribe the powers and duties of such persons as may 13
be necessary to carry out the provisions of sections 22a-151 to 22a-158, 14 Raised Bill No. 6499
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inclusive, as amended by this act. 15
(c) Said commissioner shall [make such regulations as may be 16
necessary to carry out the provisions of said sections] adopt regulations, 17
in accordance with the provisions of chapter 54, concerning sources of 18
ionizing radiation and radioactive materials, including, but not limited 19
to, regulations: 20
(1) Necessary to secure agreement state status from the Nuclear 21
Regulatory Commission pursuant to section 274 of the Atomic Energy 22
Act of 1954, 42 USC 2021, as amended from time to time; 23
(2) Relating to the construction, operation, control, tracking, security 24
or decommissioning of sources of ionizing radiation, including, but not 25
limited to, any modification or alteration of such sources; 26
(3) Relating to the production, transportation, use, storage, 27
possession, management, treatment, disposal or remediation of 28
radioactive materials; 29
(4) Relating to planning for and responding to terrorist or other 30
emergency events, or the potential for such events, that involve or may 31
include radioactive materials; 32
(5) Necessary to carry out the provisions of sections 22a-151 to 22a-33
158, inclusive, as amended by this act; 34
(6) Establishing fees for the licensure of sources of ionizing radiation, 35
that, in conjunction with the fees collected pursuant to section 22a-148, 36
shall be sufficient for the administration, implementation and 37
enforcement of an ionizing radiation program; and 38
(7) To reciprocate in the recognition of specific licenses issued by the 39
Nuclear Regulatory Commission (NRC) or another state that has 40
reached agreement with the NRC pursuant to 42 USC 2021(b), as 41
amended from time to time. 42
(d) The Governor, or the commissioner, is authorized to employ such 43 Raised Bill No. 6499
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consultants, experts and technicians as [he shall deem] are necessary for 44
the purpose of conducting investigations and reporting [to him] on 45
matters connected with the implementation of the provisions of [said] 46
sections 22a-148 to 22a-158, inclusive, as amended by this act. 47
(e) Any fees collected in accordance with section 22a-148 or 22a-150, 48
or any regulations adopted pursuant to subsection (c) of this section, 49
shall be deposited in the General Fund. 50
(f) The commissioner may establish radiation exposure guidelines for 51
emergency responders and the public for the management of 52
emergencies involving radioactive materials. Any such guidelines may 53
be based upon the recommendations of the federal government and the 54
National Council on Radiation Protection and Measurements. 55
Sec. 3. Subsection (a) of section 22a-154 of the general statutes is 56
repealed and the following is substituted in lieu thereof (Effective October 57
1, 2021): 58
(a) The Commissioner of Energy and Environmental Protection [may 59
provide by regulation for] shall adopt regulations, in accordance with 60
the provisions of chapter 54, for the general or specific licensing of [by-61
product, source, special nuclear materials and other] sources of ionizing 62
radiation. [, or devices or equipment utilizing such materials, and for 63
amendment, suspension, or revocation of licenses issued pursuant 64
thereto] The commissioner may issue, deny, renew, modify, suspend or 65
revoke such licenses and may include such terms and conditions in such 66
licenses that the commissioner deems necessary. 67
Sec. 4. (NEW) (Effective October 1, 2021) (a) Any person who violates 68
any provision of sections 22a-148 to 22a-150, inclusive, of the general 69
statutes or section 22a-153, as amended by this act, 22a-154, as amended 70
by this act, 22a-157, as amended by this act, or 22a-158 of the general 71
statutes, or any regulation adopted or license or order issued pursuant 72
to said sections, or any owner of land who permits such violations to 73
occur on such owner's land, shall be assessed a civil penalty of not more 74
than ten thousand dollars per day for each offense. Each violation shall 75 Raised Bill No. 6499
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be a separate and distinct offense and, in the case of a continuing 76
violation, each day's continuance of such violation shall be deemed a 77
separate and distinct offense. If two or more persons are responsible for 78
such violation, such persons shall be jointly and severally liable under 79
this section. The Attorney General, upon request of the Commissioner 80
of Energy and Environmental Protection, shall institute a civil action in 81
the superior court for the judicial district of Hartford to recover such 82
penalty. Any such action brought by the Attorney General pursuant to 83
this section shall have precedence in the order of trial as provided for in 84
section 52-191 of the general statutes. For the purposes of this section, 85
"person" includes, but is not limited to, any responsible corporate officer 86
or municipal official. 87
(b) Any person who, with criminal negligence, violates any provision 88
of sections 22a-148 to 22a-150, inclusive, of the general statutes or section 89
22a-153, as amended by this act, 22a-154, as amended by this act, 22a-90
157, as amended by this act, or 22a-158 of the general statutes, or any 91
regulation adopted or license or order issued pursuant to said sections 92
shall be fined not more than twenty-five thousand dollars per day for 93
each violation or be imprisoned not more than one year, or both. A 94
subsequent conviction for any such violation shall carry a fine of not 95
more than fifty thousand dollars per day for each day of violation or 96
imprisonment for not more than two years, or both. Each violation shall 97
be a separate and distinct offense, and, in the case of a continuing 98
violation, each day a violation continues shall be deemed to be a 99
separate and distinct offense. 100
(c) Any person who knowingly violates any provision of sections 22a-101
148 to 22a-150, inclusive, of the general statutes or section 22a-153, as 102
amended by this act, 22a-154, as amended by this act, 22a-157, as 103
amended by this act, or 22a-158 of the general statutes, or any regulation 104
adopted or license or order issued pursuant to said sections shall be 105
fined not more than fifty thousand dollars per day for each day of 106
violation or be imprisoned not more than three years, or both. A 107
subsequent conviction for any such violation shall carry a fine of not 108
more than one hundred thousand dollars per day for each day of 109 Raised Bill No. 6499
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violation or imprisonment for not more than ten years, or both. Each 110
violation shall be a separate and distinct offense, and, in the case of a 111
continuing violation, each day a violation continues shall be deemed to 112
be a separate and distinct offense. 113
(d) Any person who knowingly makes a false statement, 114
representation or certification in an application, record, report, plan or 115
other document filed or required to be maintained pursuant to sections 116
22a-148 to 22a-150, inclusive, of the general statutes or section 22a-153, 117
as amended by this act, 22a-154, as amended by this act, 22a-157, as 118
amended by this act, or 22a-158 of the general statutes, as amended by 119
this act, or any regulation adopted or license or order issued pursuant 120
to said sections, or who falsifies, tampers with or knowingly renders 121
inaccurate any monitoring device or method required to be maintained 122
under said sections or any regulation adopted or registration, license or 123
order issued pursuant to said sections, shall, upon conviction, be fined 124
not more than twenty-five thousand dollars per day for each violation 125
or imprisoned not more than two years for each violation, or both. Each 126
violation shall be a separate and distinct offense, and, in the case of a 127
continuing violation, each day a violation continues shall be deemed to 128
be a separate and distinct offense. 129
Sec. 5. Section 22a-157 of the general statutes is repealed and the 130
following is substituted in lieu thereof (Effective October 1, 2021): 131
No person shall construct, operate, use, manufacture, produce, 132
transport, transfer, receive, acquire, decommission, own or possess any 133
source of ionizing radiation, unless [exempt, licensed or registered in 134
accordance with the provisions of sections 22a-148 to 22a-158, inclusive] 135
such activity is in compliance with all requirements of this chapter, 136
including any regulation adopted, or registration or license issued 137
pursuant to this chapter. No person shall produce, transport, store, 138
possess, manage, treat, remediate or dispose of any radioactive 139
materials, unless such activity is in compliance with all requirements of 140
this chapter, including any regulation adopted, or registration or license 141
issued pursuant to this chapter. No person shall fail to register a source 142 Raised Bill No. 6499
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of ionizing radiation required to be registered under this chapter, 143
including as required by any regulation adopted, or registration or 144
license issued pursuant to this chapter. 145
Sec. 6. (NEW) (Effective October 1, 2021) (a) The Commissioner of 146
Energy and Environmental Protection may take steps that the 147
commissioner deems necessary to protect human health and the 148
environment, including, but not limited to, investigating, monitoring, 149
abating, containing, mitigating or removing any hazard, potential 150
hazard, pollution, contamination or potential pollution or 151
contamination if: (1) Any person causes or is responsible for any 152
exposure hazard or potential exposure hazard from radioactive 153
materials, radioactive waste or a source of ionizing radiation, or causes 154
or is responsible for pollution, contamination or potential pollution or 155
contamination of any land, water, air or other natural resource of the 156
state through a discharge, spillage, uncontrolled loss, release, leakage, 157
seepage or filtration of radioactive material or radioactive waste, and 158
does not act immediately to prevent, abate, contain, mitigate or remove 159
such hazard, potential hazard, pollution, contamination, or potential 160
pollution or contamination, to the satisfaction of the commissioner, or 161
(2) the person responsible is unknown, and such hazard, potential 162
hazard, pollution, contamination, or potential pollution or 163
contamination, is not being prevented, abated, contained, mitigated or 164
removed by the federal government, any state agency, any municipality 165
or any regional or interstate authority. The commissioner may enter into 166
a contract with any person for the purpose of carrying out the provisions 167
of this subsection. 168
(b) Any person who causes or is responsible for any exposure hazard 169
or potential exposure hazard from radioactive materials, radioactive 170
waste or a source of ionizing radiation or who causes or is responsible 171
for pollution, contamination, or potential pollution or contamination of 172
any land, water, air or other natural resource of the state through a 173
discharge, spillage, uncontrolled loss, release, leakage, seepage or 174
filtration of radioactive material or radioactive waste shall be liable for 175
all costs and expenses incurred by the commissioner in accordance with 176 Raised Bill No. 6499
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subsection (a) of this section, including all costs and expenses to restore 177
the air, water, land and other natural resources of the state, and shall be 178
liable for all attorneys' fees, court costs and any other legal expenses 179
incurred by the state regarding the recovery of such costs. Nothing in 180
this subsection shall preclude the commissioner from seeking additional 181
compensation or such other relief that a court may award, including 182
punitive damages. When such hazard, potential hazard, pollution, 183
contamination or potential pollution or contamination results from the 184
action or inaction of more than one person, each person shall be held 185
jointly and severally liable for such costs. Upon request of the 186
commissioner, the Attorney General shall bring a civil action to recover 187
all such costs and expenses from the person who caused or is 188
responsible for any such hazard, potential hazard, pollution, 189
contamination or potential pollution or contamination. 190
(c) Any person who prevents, abates, contains, removes or mitigates 191
any (1) exposure hazard or potential exposure hazard from radioactive 192
materials, radioactive waste or a source of ionizing radiation that is not 193
authorized by a provision of the general statutes, any regulation, 194
registration or license, or (2) any pollution or contamination or potential 195
pollution or contamination of any land, water, air or other natural 196
resources of the state through a discharge, spillage, uncontrolled loss, 197
release, leakage, seepage or filtration of radioactive material or 198
radioactive waste that is not authorized by a provision of the general 199
statutes, any regulation, registration or license, shall be entitled to 200
reimbursement of the reasonable costs incurred or expended for such 201
abatement, containment, removal or mitigation from any person whose 202
negligent, reckless, knowing or intentional action or inaction caused 203
such hazard, potential hazard, pollution, contamination or potential 204
pollution or contamination. When such hazard, potential hazard, 205
pollution, contamination or potential pollution or contamination results 206
from the action or inaction of more than one person, each such person 207
shall be held jointly and severally liable for such costs. 208
(d) Whenever the commissioner incurs contractual obligations in 209
carrying out the authority vested in the commissioner pursuant to 210 Raised Bill No. 6499
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subsection (a) of this section and the person who causes or is responsible 211
for the hazard, potential hazard, pollution, contamination or potential 212
pollution or contamination does not assume the tasks and 213
responsibilities that are the subject of such contractual obligations, the 214
commissioner shall request the Attorney General to bring a civil action, 215
pursuant to subsection (b) of this section, to recover the costs and 216
expenses of such contractual obligations and other costs and expenses 217
provided for in subsection (b) of this section. If the person responsible 218
is unknown, the commissioner shall request the federal government to 219
assume such contractual obligations to the extent provided for by 220
federal law. 221
Sec. 7. Subsection (a) of section 22a-6a of the general statutes is 222
repealed and the following is substituted in lieu thereof (Effective October 223
1, 2021): 224
(a) Any person who knowingly or negligently violates any provision 225
of section 14-100b or 14-164c, subdivision (3) of subsection (b) of section 226
15-121, section 15-171, 15-172, 15-175, 22a-5, 22a-6 or 22a-7, chapter 440, 227
chapter 441, section 22a-69 or 22a-74, subsection (b) of section 22a-134p, 228
sections 22a-148 to 22a-150, inclusive, section 22a-153, as amended by 229
this act, 22a-154, as amended by this act, section 22a-157, as amended by 230
this act, section 22a-158, section 22a-162, 22a-171, 22a-174, 22a-175, 22a-231
177, 22a-178, 22a-181, 22a-183, 22a-184, 22a-190, 22a-208, 22a-208a, 22a-232
209, 22a-213, 22a-220, 22a-225, 22a-231, 22a-336, 22a-342, 22a-345, 22a-233
346, 22a-347, 22a-349a, 22a-358, 22a-359, 22a-361, 22a-362, 22a-365 to 22a-234
379, inclusive, 22a-401 to 22a-411, inclusive, 22a-416, 22a-417, 22a-424 to 235
22a-433, inclusive, 22a-447, 22a-449, 22a-450, 22a-451, 22a-454, 22a-458, 236
22a-461, 22a-462 or 22a-471, or any regulation, order or permit adopted 237
or issued thereunder by the Commissioner of Energy and 238
Environmental Protection shall be liable to the state for the reasonable 239
costs and expenses of the state in detecting, investigating, controlling 240
and abating such violation. Such person shall also be liable to the state 241
for the reasonable costs and expenses of the state in restoring the air, 242
waters, lands and other natural resources of the state, including plant, 243
wild animal and aquatic life to their former condition insofar as 244 Raised Bill No. 6499
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practicable and reasonable, or, if restoration is not practicable or 245
reasonable, for any damage, temporary or permanent, caused by such 246
violation to the air, waters, lands or other natural resources of the state, 247
including plant, wild animal and aquatic life and to the public trust 248
therein. Institution of a suit to recover for such damage, costs and 249
expenses shall not preclude the application of any other remedies. 250
Sec. 8. Section 16a-101 of the general statutes is repealed and the 251
following is substituted in lieu thereof (Effective October 1, 2021): 252
As used in this chapter: 253
(1) "Atomic energy" [ means all forms of energy released in the course 254
of nuclear fission or nuclear transformation] has the same meaning as 255
provided in the Atomic Energy Act, 42 USC 2014, as amended from time 256
to time; 257
(2) "By-product material" [means any radioactive materials, except 258
special nuclear materials, yielded in or made radioactive by exposure to 259
the radiation incident to the process of producing or utilizing special 260
nuclear materials] has the same meaning as provided in the Atomic 261
Energy Act, 42 USC 2014, as amended from time to time; 262
(3) "Production facility" [means (A) any equipment or device capable 263
of the production of special nuclear material in such quantity as to be of 264
significance to the common defense and security, or in such manner as 265
to affect the health and safety of the public; or (B) any important 266
component part especially designed for such equipment or device] has 267
the same meaning as provided in the Atomic Energy Act, 42 USC 2014, 268
as amended from time to time; 269
(4) "Special nuclear material" [means (A) plutonium and uranium 270
enriched in the isotope 233 or in the isotope 235, and any other material 271
which the Governor declares by order to be special nuclear material 272
after the United States Atomic Energy Commission has determined the 273
material to be such; or (B) any material artificially enriched by any of the 274
foregoing] has the same meaning as provided in the Atomic Energy Act, 275 Raised Bill No. 6499
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42 USC 2014, as amended from time to time; 276
(5) "Utilization facility" [means (A) any equipment or device, except 277
an atomic weapon, capable of making use of special nuclear materials 278
in such quantity as to be of significance to the common defense and 279
security, or in such manner as to affect the health and safety of the 280
public, or peculiarly adapted for making use of atomic energy in such 281
quantity as to be of significance to the common defense and security, or 282
in such manner as to affect the health and safety of the public; or (B) any 283
important component part especially designed for such equipment or 284
device] has the same meaning as provided in the Atomic Energy Act, 42 285
USC 2014, as amended from time to time; 286
(6) "Radioactive material" has the same meaning as provided in the 287
Atomic Energy Act, 42 USC 2014, as amended from time to time; 288
(7) "Source material" has the same meaning as provided in the Atomic 289
Energy Act, 42 USC 2014, as amended from time to time. 290
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 22a-151
Sec. 2 October 1, 2021 22a-153
Sec. 3 October 1, 2021 22a-154(a)
Sec. 4 October 1, 2021 New section
Sec. 5 October 1, 2021 22a-157
Sec. 6 October 1, 2021 New section
Sec. 7 October 1, 2021 22a-6a(a)
Sec. 8 October 1, 2021 16a-101
Statement of Purpose:
To provide the state, through the Department of Energy and
Environmental Protection, with authorization to seek greater oversight
and responsibility from the Nuclear Regulatory Commission for certain
radiation security concerning radioisotopes, uranium and thorium and
quantities of special nuclear materials.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.] Raised Bill No. 6499
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