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OLR Bill Analysis
sHB 6499
AN ACT CONCERNING RADIATION SECURITY.
SUMMARY
This bill expands the Department of Energy and Environmental
Protection (DEEP) commissioner’s authority to regulate radiation
sources. It does so by requiring her to adopt specific regulations on
sources of ionizing radiation and radioactive materials, instead of only
general regulations needed to carry out the ionizing radiation sources
provisions under current law (see BACKGROUND). Under the bill,
“radioactive materials” means any solid, liquid, or gas that emits
ionizing radiation spontaneously.
By requiring the commissioner to adopt regulations on radioactive
materials sources, the bill allows the state to pursue “agreement state
status” from the U.S. Nuclear Regulatory Commission (NRC) (see
BACKGROUND). The bill requires the regulations to include
provisions on such things as (1) regulating ionizing radiation and
radioactive materials sources; (2) planning for and responding to
emergency events; (3) recognizing other state or NRC licenses; and (4)
setting fees, which must be deposited into the General Fund.
The bill prohibits certain actions with respect to radioactive
materials and extends existing penalties to those actions. It authorizes
the commissioner to address exposure hazards and contamination
from radiation and makes those responsible for the contamination
liable for cleanup costs and expenses.
The bill also makes many minor, conforming, and technical changes,
including several to effectuate the transition to “agreement state
status” and update definitions to align with corresponding federal law
(42 U.S.C. § 2014). 2021HB-06499-R000206-BA.DOCX
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EFFECTIVE DATE: October 1, 2021
§§ 1-3 — DEEP REGULATORY AUTH ORITY
General Regulations
The bill requires the commissioner to adopt regulations on sources
of both ionizing radiation and radioactive materials. Under the bill, the
regulations she must adopt are those that are:
1. needed to (a) secure “agreement state status” from NRC,
pursuant to § 274 of the Atomic Energy Act of 1954, 42 U.S.C. §
2021, and (b) carry out the state radiation and radioactive
materials law;
2. related to (a) constructing, operating, controlling, tracking,
securing, or decommissioning ionizing radiation sources,
including modifying or altering them, and (b) producing,
transporting, using, storing, possessing, managing, treating,
disposing of, or remediating radioactive materials;
3. related to planning for and responding to terrorist or other
emergency events, or potential ones, that involve or may
include radioactive materials (see “Guidelines,” below);
4. for reciprocating recognition of specific licenses that NRC or
another state with “agreement state status” issues; and
5. concerning fees to license ionizing radiation sources that, with
certain existing registration fees, are enough to administer,
implement, and enforce an ionizing radiation program.
Licensing
Current law authorizes the commissioner to, through regulation,
use general or specific licenses for ionizing radiation sources. The bill
requires her to adopt regulations to license these sources, either
through general or specific licenses. It allows her to (1) issue, deny,
renew, modify, suspend, or revoke a license and (2) include terms and
conditions in licenses as she deems necessary. 2021HB-06499-R000206-BA.DOCX
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Guidelines
The bill allows the commissioner to establish radiation exposure
guidelines for first responders and the public to manage emergencies
involving radioactive materials, which may be based on
recommendations from the federal government and the National
Council on Radiation Protection and Measurements.
Outside Experts
The bill allows the commissioner, in addition to the governor as
allowed under current law, to hire necessary consultants, experts, and
technicians to investigate and report on matters related to
implementing the state’s radiation and radioactive materials law.
§§ 4 & 6 — PROHIBITED ACTS
Current law prohibits the following actions related to ionizing
radiation sources unless the source is exempt or properly licensed or
registered: using, manufacturing, producing, transporti ng,
transferring, receiving, acquiring, owning, or possessing. The bill
expands the prohibited actions to include constructing, operating, or
decommissioning. It explicitly prohibits failing to register a source.
The bill prohibits the following actions with respect to radioactive
materials, unless done in compliance with the law and any associated
regulation, regulation, or license: producing, transporting, storing,
possessing, managing, treating, remediating, distributing, selling,
installing, repairing, or disposition.
The bill extends existing penalties for violations of the state’s
radioactive materials laws to these prohibited acts. By law, unchanged
by the bill, the commissioner may, among other things, issue cease and
desist orders. She may also, through the attorney general, seek
injunctive relief related to violations or probable violations. Someone
who knowingly commits certain actions or commits certain actions
with criminal negligence is subject to fines, imprisonment, or both
(CGS §§ 22a-158a to -158c).
The bill also makes someone liable to the state for reasonable costs if 2021HB-06499-R000206-BA.DOCX
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they negligently or knowingly violate the radiation and radioactive
materials law’s prohibited acts; requirements for registration,
licensing, and record keeping; or requirements tied to the new
regulations, including any associated regulation or order. This includes
costs to (1) detect, investigate, control, and abate the violation and (2)
restore natural resources to their former condition, if practicable and
reasonable. If restoration is not practicable or reasonable, the person is
liable for damage caused by the violation. By law, a lawsuit to recover
damages, costs, and expenses, does not prevent other remedies.
§ 5 — RADIATION CONTAMINAT ION REMEDIATION
Commissioner Actions
The bill authorizes the DEEP commissioner to take actions she
deems necessary to protect human health and the environment if
someone (1) causes or is responsible for certain exposures or
contamination related to radioactive material and (2) does not
immediately act to prevent, stop, or remedy it to the commissioner’s
satisfaction. She may investigate, monitor, abate, contain, mitigate, or
remove the hazard, pollution, contamination, or potential hazard,
pollution, or contamination. The bill allows her to contract with
anyone to address the hazards, pollution, or contamination.
This applies to the following:
1. an exposure hazard, or potential one, from radioactive
materials, radioactive waste, or an ionizing radiation source or
2. pollution, contamination, or potential pollution or
contamination of natural resources (e.g., land, air, water) due to
a discharge, spill, uncontrolled loss, release, leak, seep, or
filtration of radioactive material or radioactive waste.
The bill allows the commissioner to take the same actions if the
responsible person is unknown and the hazard, pollution, or
contamination (or potential ones) is not being addressed by the federal
government, a state agency, a municipality, or a regional or interstate
authority. 2021HB-06499-R000206-BA.DOCX
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Liability
To the State. The bill makes anyone who causes or is responsible
for the exposure hazards, pollution, or contamination (or potential
ones) described above, liable for the costs and expenses incurred by the
commissioner to address the situation. It includes the costs and
expenses for restoring the natural resources, attorney’s fees, court
costs, and other legal expenses. The bill allows the commissioner to
seek additional compensation or other relief from the court, including
punitive damages.
Under the bill, if the hazard, pollution, or contamination (or
potential ones) is due to more than one person’s action or failure to act,
each person is jointly and severally liable. If the commissioner requests
it, the bill requires the attorney general to bring a civil action to recover
costs and expenses, including those from related contractual
obligations, from the responsible person.
If the responsible party is unknown, the bill requires the
commissioner to ask the federal government to assume the contractual
obligations to the extent allowed under federal law.
To an Individual. Under certain circumstances, the bill entitles
individuals who prevent, abate, contain, remove, or mitigate an
exposure hazard, pollution, or contamination (or potential ones), as
described above, to reimbursement of the reasonable costs they incur
or spend for their actions. This applies when the exposure, pollution,
or contamination (or potential ones) was due to someone’s negligent,
reckless, knowing, or intentional action or failing to act. If more than
one person is responsible, each person is jointly severally liable.
BACKGROUND
Agreement State Status
“Agreement state status” authorizes states to assume NRC
responsibility for regulating and licensing byproduct materials
(radioisotopes), source materials (uranium and thorium), and certain
amounts of special nuclear materials. Among other things, to become
an agreement state, there must be an agreement between the governor 2021HB-06499-R000206-BA.DOCX
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of the state and the NRC chairman and supporting legislation and
regulations. Governor Lamont submitted a letter of intent to become
an agreement state to the NRC in December 2020.
Under federal law, NRC is responsible for regulating nuclear power
plants (e.g., Millstone); uses of nuclear material, such as in nuclear
medicine; and nuclear waste.
Ionizing Radiation
Ionizing radiation includes gamma rays, x-rays, alpha and beta
particles, neutrons, protons, high-speed electrons, and other atomic or
nuclear particles, but not sound or radio waves, or visible, infrared, or
ultraviolet light.
COMMITTEE ACTION
Environment Committee
Joint Favorable Substitute
Yea 24 Nay 8 (03/12/2021)