Connecticut 2021 Regular Session

Connecticut House Bill HB06499 Compare Versions

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7	7		General Assembly Substitute Bill No. 6499
8	8		January Session, 2021
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14	14		AN ACT CONCERNING RA DIATION SECURITY.
15	15		Be it enacted by the Senate and House of Representatives in General
16	16		Assembly convened:
17	17
18	18		Section 1. Section 22a-151 of the general statutes is repealed and the 1
19	19		following is substituted in lieu thereof (Effective October 1, 2021): 2
20	20		As used in sections 22a-151 to 22a-158, inclusive: 3
21	21		(1) "By-product material" [means radioactive material as defined in 4
22	22		Section 11e of Public Law 85-256 (Act of September 2, 1957) and Public 5
23	23		Law 89-645 (Act of October 13, 1966), as amended or as interpreted or 6
24	24		modified by duly promulgated regulations of the United States Atomic 7
25	25		Energy Commission pursuant thereto] has the same meaning as 8
26	26		provided in 42 USC 2014, as amended from time to time; 9
27	27		(2) "Ionizing radiation" means gamma rays and x-rays, alpha and beta 10
28	28		particles, high speed electrons, neutrons, protons and other nuclear 11
29	29		particles, but not sound or radio waves, or visible, infrared or ultra 12
30	30		violet light. The Commissioner of Energy and Environmental Protection 13
31	31		shall be empowered to make regulations amending or modifying this 14
32	32		definition; 15
33	33		(3) "General license" means a license effective pursuant to regulations 16
34	34		promulgated by the Commissioner of Energy and Environmental 17 Substitute Bill No. 6499
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41	41		Protection without the filing of an application for, or issuance of a 18
42	42		licensing document for, the transfer, transport, acquisition, ownership, 19
43	43		possession or use of quantities of, or devices or equipment utilizing by-20
44	44		product, source, special nuclear materials or other radioactive material 21
45	45		occurring naturally or produced artificially; 22
46	46		(4) "Specific license" means a license, issued after application, to use, 23
47	47		manufacture, produce, transfer, transport, receive, acquire, own, or 24
48	48		possess quantities of, or devices or equipment utilizing by-product, 25
49	49		source, special nuclear materials or other radioactive material occurring 26
50	50		naturally or produced artificially; 27
51	51		(5) "Person" means any individual, corporation, limited liability 28
52	52		company, partnership, firm, association, trust, estate, public or private 29
53	53		institution, group, agency, political subdivision of this state, any other 30
54	54		state or political subdivision or agency thereof, and any legal successor, 31
55	55		representative, agent or agency of any of the foregoing, other than the 32
56	56		United States [Atomic Energy] Nuclear Regulatory Commission or any 33
57	57		successor thereto, and other than agencies of the government of the 34
58	58		United States licensed by the United States [Atomic Energy] Nuclear 35
59	59		Regulatory Commission or any successor thereto; 36
60	60		(6) "Registration" means registration in conformance with the 37
61	61		requirements of section 22a-148, as amended by this act. The issuance of 38
62	62		a specific license pursuant to sections 22a-151 to 22a-158, inclusive, shall 39
63	63		be deemed to satisfy fully any registration requirements set forth in said 40
64	64		section; 41
65	65		(7) "Source material" [means material as defined in Section 11z of 42
66	66		Public Law 85-256 (Act of September 2, 1957) and Public Law 89-645 43
67	67		(Act of October 13, 1966), as amended or as interpreted or modified by 44
68	68		duly promulgated regulations of the United States Atomic Energy 45
69	69		Commission pursuant thereto] has the same meaning as provided in 42 46
70	70		USC 2014, as amended from time to time; 47
71	71		(8) "Special nuclear material" [means material as defined in Section 48 Substitute Bill No. 6499
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78	78		11aa of Public Law 85-256 (Act of September 2, 1957) and Public Law 89-49
79	79		645 (Act of October 13, 1966), as amended or as interpreted or modified 50
80	80		by duly promulgated regulations of the United States Atomic Energy 51
81	81		Commission pursuant thereto.] has the same meaning as provided in 52
82	82		section 42 USC 2014, as amended from time to time; 53
83	83		(9) "Radioactive materials" means any solid, liquid or gas that emits 54
84	84		ionizing radiation spontaneously; 55
85	85		(10) "Commissioner" means the Commissioner of Energy and 56
86	86		Environmental Protection or the commissioner's designee or agent. 57
87	87		Sec. 2. Section 22a-153 of the general statutes is repealed and the 58
88	88		following is substituted in lieu thereof (Effective October 1, 2021): 59
89	89		(a) The Commissioner of Energy and Environmental Protection shall 60
90	90		supervise and regulate in the interest of the public health and safety the 61
91	91		use of ionizing radiation within the state. 62
92	92		(b) Said commissioner may employ, subject to the provisions of 63
93	93		chapter 67, and prescribe the powers and duties of such persons as may 64
94	94		be necessary to carry out the provisions of sections 22a-151 to 22a-158, 65
95	95		inclusive, as amended by this act. 66
96	96		(c) Said commissioner shall [make such regulations as may be 67
97	97		necessary to carry out the provisions of said sections] adopt regulations, 68
98	98		in accordance with the provisions of chapter 54, concerning sources of 69
99	99		ionizing radiation and radioactive materials, including, but not limited 70
100	100		to, regulations: 71
101	101		(1) Necessary to secure agreement state status from the United States 72
102	102		Nuclear Regulatory Commission pursuant to section 274 of the Atomic 73
103	103		Energy Act of 1954, 42 USC 2021, as amended from time to time; 74
104	104		(2) Relating to the construction, operation, control, tracking, security 75
105	105		or decommissioning of sources of ionizing radiation, including, but not 76
106	106		limited to, any modification or alteration of such sources; 77 Substitute Bill No. 6499
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113	113		(3) Relating to the production, transportation, use, storage, 78
114	114		possession, management, treatment, disposal or remediation of 79
115	115		radioactive materials; 80
116	116		(4) Relating to planning for and responding to terrorist or other 81
117	117		emergency events, or the potential for such events, that involve or may 82
118	118		include radioactive materials; 83
119	119		(5) Necessary to carry out the provisions of sections 22a-151 to 22a-84
120	120		158, inclusive, as amended by this act; 85
121	121		(6) Establishing fees for the licensure of sources of ionizing radiation, 86
122	122		that, in conjunction with the fees collected pursuant to section 22a-148, 87
123	123		as amended by this act, shall be sufficient for the administration, 88
124	124		implementation and enforcement of an ionizing radiation program; and 89
125	125		(7) To reciprocate in the recognition of specific licenses issued by the 90
126	126		United States Nuclear Regulatory Commission (NRC) or another state 91
127	127		that has reached agreement with the NRC pursuant to 42 USC 2021(b), 92
128	128		as amended from time to time. 93
129	129		(d) The Governor, or the commissioner, is authorized to employ such 94
130	130		consultants, experts and technicians as [he shall deem] are necessary for 95
131	131		the purpose of conducting investigations and reporting [to him] on 96
132	132		matters connected with the implementation of the provisions of [said] 97
133	133		sections 22a-148 to 22a-158, inclusive, as amended by this act. 98
134	134		(e) Any fees collected in accordance with section 22a-148, as amended 99
135	135		by this act, or 22a-150, or any regulations adopted pursuant to 100
136	136		subsection (c) of this section, shall be deposited in the General Fund. 101
137	137		(f) The commissioner may establish radiation exposure guidelines for 102
138	138		emergency responders and the public for the management of 103
139	139		emergencies involving radioactive materials. Any such guidelines may 104
140	140		be based upon the recommendations of the federal government and the 105
141	141		National Council on Radiation Protection and Measurements. 106 Substitute Bill No. 6499
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148	148		Sec. 3. Subsection (a) of section 22a-154 of the general statutes is 107
149	149		repealed and the following is substituted in lieu thereof (Effective October 108
150	150		1, 2021): 109
151	151		(a) The Commissioner of Energy and Environmental Protection [may 110
152	152		provide by regulation for] shall adopt regulations, in accordance with 111
153	153		the provisions of chapter 54, for the general or specific licensing of [by-112
154	154		product, source, special nuclear materials and other] sources of ionizing 113
155	155		radiation. [, or devices or equipment utilizing such materials, and for 114
156	156		amendment, suspension, or revocation of licenses issued pursuant 115
157	157		thereto] The commissioner may issue, deny, renew, modify, suspend or 116
158	158		revoke such licenses and may include such terms and conditions in such 117
159	159		licenses that the commissioner deems necessary. 118
160	160		Sec. 4. Section 22a-157 of the general statutes is repealed and the 119
161	161		following is substituted in lieu thereof (Effective October 1, 2021): 120
162	162		No person shall construct, operate, use, manufacture, produce, 121
163	163		transport, transfer, receive, acquire, decommission, own or possess any 122
164	164		source of ionizing radiation, unless [exempt, licensed or registered in 123
165	165		accordance with the provisions of sections 22a-148 to 22a-158, inclusive] 124
166	166		such activity is in compliance with all requirements of this chapter, 125
167	167		including any regulation adopted, or registration or license issued 126
168	168		pursuant to this chapter. No person shall produce, transport, store, 127
169	169		possess, manage, treat, remediate, distribute, sell, install, repair or 128
170	170		dispose of any radioactive materials, unless such activity is in 129
171	171		compliance with all requirements of this chapter, including any 130
172	172		regulation adopted, or registration or license issued pursuant to this 131
173	173		chapter. No person shall fail to register a source of ionizing radiation 132
174	174		required to be registered under this chapter, including as required by 133
175	175		any regulation adopted, or registration or license issued pursuant to this 134
176	176		chapter. 135
177	177		Sec. 5. (NEW) (Effective October 1, 2021) (a) The Commissioner of 136
178	178		Energy and Environmental Protection may take steps that the 137
179	179		commissioner deems necessary to protect human health and the 138 Substitute Bill No. 6499
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186	186		environment, including, but not limited to, investigating, monitoring, 139
187	187		abating, containing, mitigating or removing any hazard, potential 140
188	188		hazard, pollution, contamination or potential pollution or 141
189	189		contamination if: (1) Any person causes or is responsible for any 142
190	190		exposure hazard or potential exposure hazard from radioactive 143
191	191		materials, radioactive waste or a source of ionizing radiation, or causes 144
192	192		or is responsible for pollution, contamination or potential pollution or 145
193	193		contamination of any land, water, air or other natural resource of the 146
194	194		state through a discharge, spillage, uncontrolled loss, release, leakage, 147
195	195		seepage or filtration of radioactive material or radioactive waste, and 148
196	196		does not act immediately to prevent, abate, contain, mitigate or remove 149
197	197		such hazard, potential hazard, pollution, contamination, or potential 150
198	198		pollution or contamination, to the satisfaction of the commissioner, or 151
199	199		(2) the person responsible is unknown, and such hazard, potential 152
200	200		hazard, pollution, contamination, or potential pollution or 153
201	201		contamination, is not being prevented, abated, contained, mitigated or 154
202	202		removed by the federal government, any state agency, any municipality 155
203	203		or any regional or interstate authority. The commissioner may enter into 156
204	204		a contract with any person for the purpose of carrying out the provisions 157
205	205		of this subsection. 158
206	206		(b) Any person who causes or is responsible for any exposure hazard 159
207	207		or potential exposure hazard from radioactive materials, radioactive 160
208	208		waste or a source of ionizing radiation or who causes or is responsible 161
209	209		for pollution, contamination, or potential pollution or contamination of 162
210	210		any land, water, air or other natural resource of the state through a 163
211	211		discharge, spillage, uncontrolled loss, release, leakage, seepage or 164
212	212		filtration of radioactive material or radioactive waste shall be liable for 165
213	213		all costs and expenses incurred by the commissioner in accordance with 166
214	214		subsection (a) of this section, including all costs and expenses to restore 167
215	215		the air, water, land and other natural resources of the state, and shall be 168
216	216		liable for all attorneys' fees, court costs and any other legal expenses 169
217	217		incurred by the state regarding the recovery of such costs. Nothing in 170
218	218		this subsection shall preclude the commissioner from seeking additional 171
219	219		compensation or such other relief that a court may award, including 172 Substitute Bill No. 6499
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226	226		punitive damages. When such hazard, potential hazard, pollution, 173
227	227		contamination or potential pollution or contamination results from the 174
228	228		action or inaction of more than one person, each person shall be held 175
229	229		jointly and severally liable for such costs. Upon request of the 176
230	230		commissioner, the Attorney General shall bring a civil action to recover 177
231	231		all such costs and expenses from the person who caused or is 178
232	232		responsible for any such hazard, potential hazard, pollution, 179
233	233		contamination or potential pollution or contamination. 180
234	234		(c) Any person who prevents, abates, contains, removes or mitigates 181
235	235		any (1) exposure hazard or potential exposure hazard from radioactive 182
236	236		materials, radioactive waste or a source of ionizing radiation that is not 183
237	237		authorized by a provision of the general statutes, any regulation, 184
238	238		registration or license, or (2) any pollution or contamination or potential 185
239	239		pollution or contamination of any land, water, air or other natural 186
240	240		resources of the state through a discharge, spillage, uncontrolled loss, 187
241	241		release, leakage, seepage or filtration of radioactive material or 188
242	242		radioactive waste that is not authorized by a provision of the general 189
243	243		statutes, any regulation, registration or license, shall be entitled to 190
244	244		reimbursement of the reasonable costs incurred or expended for such 191
245	245		abatement, containment, removal or mitigation from any person whose 192
246	246		negligent, reckless, knowing or intentional action or inaction caused 193
247	247		such hazard, potential hazard, pollution, contamination or potential 194
248	248		pollution or contamination. When such hazard, potential hazard, 195
249	249		pollution, contamination or potential pollution or contamination results 196
250	250		from the action or inaction of more than one person, each such person 197
251	251		shall be held jointly and severally liable for such costs. 198
252	252		(d) Whenever the commissioner incurs contractual obligations in 199
253	253		carrying out the authority vested in the commissioner pursuant to 200
254	254		subsection (a) of this section and the person who causes or is responsible 201
255	255		for the hazard, potential hazard, pollution, contamination or potential 202
256	256		pollution or contamination does not assume the tasks and 203
257	257		responsibilities that are the subject of such contractual obligations, the 204
258	258		commissioner shall request the Attorney General to bring a civil action, 205 Substitute Bill No. 6499
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265	265		pursuant to subsection (b) of this section, to recover the costs and 206
266	266		expenses of such contractual obligations and other costs and expenses 207
267	267		provided for in subsection (b) of this section. If the person responsible 208
268	268		is unknown, the commissioner shall request the federal government to 209
269	269		assume such contractual obligations to the extent provided for by 210
270	270		federal law. 211
271	271		Sec. 6. Subsection (a) of section 22a-6a of the general statutes is 212
272	272		repealed and the following is substituted in lieu thereof (Effective October 213
273	273		1, 2021): 214
274	274		(a) Any person who knowingly or negligently violates any provision 215
275	275		of section 14-100b or 14-164c, subdivision (3) of subsection (b) of section 216
276	276		15-121, section 15-171, 15-172, 15-175, 22a-5, 22a-6 or 22a-7, chapter 440, 217
277	277		chapter 441, section 22a-69 or 22a-74, subsection (b) of section 22a-134p, 218
278	278		sections 22a-148 to 22a-150, inclusive, as amended by this act, section 219
279	279		22a-153, as amended by this act, 22a-154, as amended by this act, section 220
280	280		22a-157, as amended by this act, section 22a-158, section 22a-162, 22a-221
281	281		171, 22a-174, 22a-175, 22a-177, 22a-178, 22a-181, 22a-183, 22a-184, 22a-222
282	282		190, 22a-208, 22a-208a, 22a-209, 22a-213, 22a-220, 22a-225, 22a-231, 22a-223
283	283		336, 22a-342, 22a-345, 22a-346, 22a-347, 22a-349a, 22a-358, 22a-359, 22a-224
284	284		361, 22a-362, 22a-365 to 22a-379, inclusive, 22a-401 to 22a-411, inclusive, 225
285	285		22a-416, 22a-417, 22a-424 to 22a-433, inclusive, 22a-447, 22a-449, 22a-450, 226
286	286		22a-451, 22a-454, 22a-458, 22a-461, 22a-462 or 22a-471, or any regulation, 227
287	287		order or permit adopted or issued thereunder by the Commissioner of 228
288	288		Energy and Environmental Protection shall be liable to the state for the 229
289	289		reasonable costs and expenses of the state in detecting, investigating, 230
290	290		controlling and abating such violation. Such person shall also be liable 231
291	291		to the state for the reasonable costs and expenses of the state in restoring 232
292	292		the air, waters, lands and other natural resources of the state, including 233
293	293		plant, wild animal and aquatic life to their former condition insofar as 234
294	294		practicable and reasonable, or, if restoration is not practicable or 235
295	295		reasonable, for any damage, temporary or permanent, caused by such 236
296	296		violation to the air, waters, lands or other natural resources of the state, 237
297	297		including plant, wild animal and aquatic life and to the public trust 238 Substitute Bill No. 6499
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304	304		therein. Institution of a suit to recover for such damage, costs and 239
305	305		expenses shall not preclude the application of any other remedies. 240
306	306		Sec. 7. Section 16a-101 of the general statutes is repealed and the 241
307	307		following is substituted in lieu thereof (Effective October 1, 2021): 242
308	308		As used in this chapter: 243
309	309		(1) "Atomic energy" [means all forms of energy released in the course 244
310	310		of nuclear fission or nuclear transformation] has the same meaning as 245
311	311		provided in 42 USC 2014, as amended from time to time; 246
312	312		(2) "By-product material" [means any radioactive materials, except 247
313	313		special nuclear materials, yielded in or made radioactive by exposure to 248
314	314		the radiation incident to the process of producing or utilizing special 249
315	315		nuclear materials] has the same meaning as provided in 42 USC 2014, as 250
316	316		amended from time to time; 251
317	317		(3) "Production facility" [means (A) any equipment or device capable 252
318	318		of the production of special nuclear material in such quantity as to be of 253
319	319		significance to the common defense and security, or in such manner as 254
320	320		to affect the health and safety of the public; or (B) any important 255
321	321		component part especially designed for such equipment or device] has 256
322	322		the same meaning as provided in 42 USC 2014, as amended from time 257
323	323		to time; 258
324	324		(4) "Special nuclear material" [means (A) plutonium and uranium 259
325	325		enriched in the isotope 233 or in the isotope 235, and any other material 260
326	326		which the Governor declares by order to be special nuclear material 261
327	327		after the United States Atomic Energy Commission has determined the 262
328	328		material to be such; or (B) any material artificially enriched by any of the 263
329	329		foregoing] has the same meaning as provided in 42 USC 2014, as 264
330	330		amended from time to time; 265
331	331		(5) "Utilization facility" [means (A) any equipment or device, except 266
332	332		an atomic weapon, capable of making use of special nuclear materials 267
333	333		in such quantity as to be of significance to the common defense and 268 Substitute Bill No. 6499
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340	340		security, or in such manner as to affect the health and safety of the 269
341	341		public, or peculiarly adapted for making use of atomic energy in such 270
342	342		quantity as to be of significance to the common defense and security, or 271
343	343		in such manner as to affect the health and safety of the public; or (B) any 272
344	344		important component part especially designed for such equipment or 273
345	345		device.] has the same meaning as provided in 42 USC 2014, as amended 274
346	346		from time to time; 275
347	347		(6) "Radioactive material" has the same meaning as provided in 42 276
348	348		USC 2014, as amended from time to time; 277
349	349		(7) "Source material" has the same meaning as provided in 42 USC 278
350	350		2014, as amended from time to time. 279
351	351		Sec. 8. Subsection (b) of section 22a-148 of the general statutes is 280
352	352		repealed and the following is substituted in lieu thereof (Effective October 281
353	353		1, 2021): 282
354	354		(b) No person, firm, corporation, town, city or borough shall operate 283
355	355		or cause to be operated any source of ionizing radiation or shall 284
356	356		produce, transport, store, possess or dispose of radioactive materials 285
357	357		except under conditions which comply with regulations or with orders 286
358	358		imposed by the Commissioner of Energy and Environmental Protection 287
359	359		for the protection of the public health and preservation of the 288
360	360		environment. Such regulations or orders shall be based [to the extent 289
361	361		deemed practicable by said department] on the regulations of the 290
362	362		United States [Atomic Energy] Nuclear Regulatory Commission, issued 291
363	363		under authority granted to said commission by the Atomic Energy Act 292
364	364		of 1954, [and entitled "Standards for Protection against Radiation" or, if 293
365	365		such regulations should be deemed inappropriate by the Commissioner 294
366	366		of Energy and Environmental Protection, on the latest 295
367	367		recommendations of the National Committee on Radiation, as 296
368	368		published by the United States Department of Commerce, National 297
369	369		Bureau of Standards] as codified in 42 USC 2014, as amended from time 298
370	370		to time. No regulation pertaining to radiation sources and radioactive 299
371	371		materials proposed to be issued by the commissioner shall become 300 Substitute Bill No. 6499
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377	377
378	378		effective until thirty days after it has been submitted to the Coordinator 301
379	379		of Atomic Development Activities unless, upon a finding of emergency 302
380	380		need, the governor by order waives all or any part of said thirty-day 303
381	381		period. In no case shall any source of ionizing radiation be utilized 304
382	382		otherwise than at the lowest practical level consistent with the best use 305
383	383		of the radiation facilities or radioactive materials involved. 306
384	384		Sec. 9. Section 22a-152 of the general statutes is repealed and the 307
385	385		following is substituted in lieu thereof (Effective October 1, 2021): 308
386	386		The Governor, on behalf of this state, is authorized to enter into 309
387	387		agreements with the government of the United States providing for 310
388	388		[discontinuance] relinquishment of certain of the programs of the 311
389	389		government of the United States with respect to sources of ionizing 312
390	390		radiation and the assumption thereof by this state, as provided for in the 313
391	391		Atomic Energy Act of 1954, as amended. 314
392	392		This act shall take effect as follows and shall amend the following
393	393		sections:
394	394
395	395		Section 1 October 1, 2021 22a-151
396	396		Sec. 2 October 1, 2021 22a-153
397	397		Sec. 3 October 1, 2021 22a-154(a)
398	398		Sec. 4 October 1, 2021 22a-157
399	399		Sec. 5 October 1, 2021 New section
400	400		Sec. 6 October 1, 2021 22a-6a(a)
401	401		Sec. 7 October 1, 2021 16a-101
402	402		Sec. 8 October 1, 2021 22a-148(b)
403	403		Sec. 9 October 1, 2021 22a-152
404	404
405	405		ENV Joint Favorable Subst.
406		-	FIN Joint Favorable
407	406