Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4541 Latest Draft

Bill / Introduced Version Filed 04/16/2024

                            HOUSE . . . . . . . . No. 4541
The Commonwealth of Massachusetts
________________________________________
HOUSE OF REPRESENTATIVES , April 16, 2024.
The committee on Telecommunications, 	Utilities and Energy, to whom 
was referred the petition (accompanied by bill, House, No. 3199) of 
Mathew J. Muratore and others for legislation to update the 
decommissioning 	oversight of Pilgrim Nuclear Power Plant, reports 
recommending that the accompanying bill (House, No. 4541) ought to 
pass.
For the committee,
JEFFREY N. ROY. 1 of 7
        FILED ON: 4/5/2024
HOUSE . . . . . . . . . . . . . . . No. 4541
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act updating the decommissioning oversight of Pilgrim Nuclear Power Plant.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 SECTION 1: Chapter 188, section 14 of the General Laws, as appearing in the 2016 
2Official Edition, is hereby amended by deleting paragraph (a) and replacing paragraph (a) with 
3the following:- 
4 SECTION 14. (a) “(a) There shall be created a Pilgrim Decommissioning State Oversight 
5Panel which shall consist of state officials, or their staff designee, scientific and technical 
6experts, local officials, a retiree of Pilgrim Station with technical expertise in environmental 
7areas and/or physical security, one representative of a local environmental group, one 
8representative of the business community, one appointment recommended by the Cape Cod 
9Commission and four at-large appointees as follows: 
10 i. The Governor of the Commonwealth or staff designee; who shall serve ex officio; 
11 ii.The Secretary of Energy and Environmental Affairs or staff designee, who shall 
12serve ex officio;  2 of 7
13 iii.The Secretary of Health and Human Services or staff designee, who shall serve ex 
14officio; 
15 iv.The Director of the Massachusetts Emergency Management Agency or staff 
16designee, who shall serve ex officio; 
17 v. The Secretary of Economic Development or staff designee, with who shall serve 
18ex officio; 
19 vi.The Commissioner of Public Utilities or staff designee; 
20 vii.One (1) member from Massachusetts Department of Public Health Radiological 
21Control Program appointed by the Bureau of Environmental Health, who shall serve ex officio; 
22 viii.The Chairman of the Plymouth Select Board or Town of Plymouth staff designee; 
23 ix.One (1) representative of the local environmental community, selected by the 
24Plymouth Select Board; 
25 x. One (1) representative of the local community with expertise in demolition and/or 
26decommissioning appointed by the Plymouth Select Board; 
27 xi.One (1) member of the local community with expertise in public health appointed 
28by the Plymouth Select Board; 
29 xii.One (1) representative of the Plymouth Regional Economic Development 
30Foundation, appointed by the Plymouth Select Board; 
31 xiii.One (1) member from the Cape Cod Commission appointed by the Governor;   3 of 7
32 xiv.One (1) member who is a retiree of Pilgrim Station with technical expertise in 
33environmental areas and/or physical security, appointed by the House Minority Leader, 
34recommended by the State Representative representing the community hosting the facility; 
35 xv.One (1) member who is an independent technical expert with knowledge of 
36decommissioning and spent nuclear fuel management issues, appointed by the Senate Minority 
37Leader, based on the recommendation of the Senator representing the community hosting the 
38facility; 
39 xvi.One (1) at large member from Barnstable County appointed by the Speaker of the 
40House based on the recommendation of the Representative representing the community hosting 
41the facility; 
42 xvii.One (1) at large member from Plymouth County appointed by the Speaker of the 
43House based on the recommendation of representative representing the community hosting the 
44facility; 
45 xviii.One (1) at large member from Plymouth County appointed by the President of the 
46Senate based on the recommendation of the Senator representing the community hosting the 
47facility; and 
48 xix.One (1) at large member from Barnstable County appointed by the Senate 
49President based on the recommendation of the Senator representing the community hosting the 
50facility. 
51       (b)  Each appointment shall be for a 3-year term.  Unless reappointed, an appointee 
52shall serve only for the number of years for which appointed unless they resign. Ex officio  4 of 7
53members shall serve for the duration of their time in office or until a successor has been 
54appointed. 
55  (c)  The Secretary of Energy and Environmental Affairs shall serve as the chair until the 
56panel elects a chair or co-chairs under subsection (d). 
57      (d)  The panel annually shall elect a chair or co-chairs, and a vice chair, for 1-year 
58terms commencing with its first meeting following the effective date of this section. 
59      (e)  A majority of the panel's members shall constitute a quorum. “The panel shall act 
60only by vote of a majority of members present and voting in either the affirmative or negative at 
61meetings called by the chair or a co-chair or by any 5 of the members. 
62      (f) Deleted 
63      (g)  The executive office of energy and environmental affairs shall:   
64 (1) furnish administrative support for the panel, including scheduling meetings and 
65securing meeting locations, providing public notice of meetings, producing minutes of the 
66meetings, and administering the panels’ website. 
67 (2) keep the Panel informed of the status of matters within the jurisdiction of the Panel; 
68 (3) notify members of the Panel in a timely manner upon receipt of information relating 
69to matters within the jurisdiction of the Panel; 
70 (4) upon request, provide to all members of the Panel all relevant information within the 
71control of the Department of Public Service relating to subjects within the scope of the duties of 
72the Panel;  5 of 7
73 (5) provide workshops or training for Panel members as may be appropriate; and 
74 (6) hire experts, contract for services, and provide for materials and other reasonable and 
75necessary expenses of the Panel as the he Secretary of Energy and Environmental Affairs may 
76consider appropriate on request of the Panel from time to time. Funds for this purpose shall come 
77from the monies appropriated or collected for the purpose of maintaining the Department of 
78Public Service and such other sources as may be or become available. 
79 (h)  The chair shall: (1) assist the office of energy and environmental affairs in managing 
80the provision of administrative support to the panel, including scheduling meetings and securing 
81meeting locations, providing public notice of meetings, producing minutes of meetings, and 
82assisting in the compilation and production of the panel's report required by section (i) (2) keep 
83the panel informed of the status of matters within the jurisdiction of the panel; (3) notify 
84members of the panel in a timely manner upon receipt of information relating to matters within 
85the jurisdiction of the panel; (4) upon request, provide to all members of the panel all relevant 
86information within the control of the executive office of energy and environmental affairs and 
87the department of public health, relating to subjects within the scope of the duties of the panel; 
88(5) assist the office of energy and environmental health to provide workshops or training for 
89panel members as may be appropriate; and (6) assist the executive office of energy and 
90environmental affairs in hiring experts, contracting for services, and providing for materials and 
91other reasonable and necessary expenses of the panel as the “Secretary of the Executive Office of 
92Energy and Environmental Affairs may consider appropriate on request of the panel from time to 
93time.  6 of 7
94      (i)  The Panel shall serve in an advisory capacity only and shall not have authority to 
95direct decommissioning of the PNPS. The duties of the Panel shall be: 
96 (1) To hold a minimum of four public meetings each year for the purpose of discussing 
97issues relating to the decommissioning of PNPS. The Panel may hold additional meetings. 
98 (2) To advise the governor, the general court, the agencies of the commonwealth, and the 
99public on issues related to the decommissioning of PNPS, and each year to provide to the 
100governor and to the energy committees of the General Court a report with respect to these issues. 
101 (3) To serve as a conduit for public information and education on and to encourage 
102community involvement in matters related to the decommissioning of PNPS; to receive and 
103consider public comment with respect to these issues; and to receive written reports and 
104presentations on the decommissioning of the Station. 
105 (4) To periodically receive reports on the Decommissioning Trust Fund and other funds 
106associated with decommissioning of or site restoration at the PNPS, including fund balances, 
107expenditures made, and reimbursements received. 
108 (5) To receive reports regarding the decommissioning plans for the PNPS, including any 
109site assessments and post-shutdown decommissioning assessment reports; to provide the public 
110forum for receiving public comment on these plans and reports; and to provide comment on 
111these plans and reports as the Panel may consider appropriate to State agencies, the public and 
112the owner of the PNPS and in the report described in section (2) of this paragraph (i).  7 of 7
113 (6) To convey the compliance and status of the Comprehensive Agreement between the 
114Commonwealth of Massachusetts and Holtec Decommissioning International signed on behalf of 
115the Commonwealth by the Office of the Attorney General on June 16, 2020.”