MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Conservation and Water Resources
By: Representative DeLano
AN ACT TO AMEND SECTION 45-14-55, MISSISSIPPI CODE OF 1972, TO CLARIFY UNDER WHAT PROVISION OF LAW THE SPECIAL EMERGENCY MANAGEMENT REVOLVING FUND IS AUTHORIZED; TO AMEND SECTIONS 45-14-61 AND 45-14-65, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT RADIOACTIVE WASTE TRANSPORTATION FEES BE USED FOR FUNDING AND PREPAREDNESS INCLUDING INFORMATION ON EMERGENCY RESPONSE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 45-14-55, Mississippi Code of 1972, is amended as follows:
45-14-55. The following terms shall have the meaning ascribed herein unless the context shall otherwise require:
(a) "Agency" shall mean the Mississippi Emergency Management Agency.
(b) "Radioactive waste" shall mean irradiated nuclear reactor fuel, and any other material which emits radiation which the Mississippi State Board of Health determines by regulation to present a significant threat to public health and safety.
(c) "Application" shall mean any request to the agency for a permit to transfer radioactive waste.
(d) "Carrier" shall mean and include a common, contract or private carrier of property by motor vehicle, railroad, aircraft or vessels, including barges.
(e) "Public safety official" shall mean police, fire, health, disaster or emergency management officials of the state or any of its political subdivisions.
(f) "Permit" shall mean the written authorization for the transportation of radioactive waste issued by the agency in accordance with Section 45-14-57 et seq.
(g) "Fee" shall mean the amount of money levied against a carrier or shipper for a permit required hereunder.
(h) "Fund"
shall mean the special emergency management revolving fund, authorized pursuant
to the provisions of * * * Section 33-15-11(b)(13),
Mississippi Code of 1972.
(i) "Shipper" shall mean any corporation or person to whom has been issued a license authorizing the possession, use or transfer of radioactive waste by the Mississippi State Board of Health, the U. S. Nuclear Regulatory Commission, any other agreement state or any agency of the federal government exempt from licensing by the U. S. Nuclear Regulatory Commission.
(j) "Person" shall mean any corporation or individual or governmental agency of the United States.
SECTION 2. Section 45-14-61, Mississippi Code of 1972, is amended as follows:
45-14-61. Upon the approval
by the agency of an application for a permit to transport radioactive waste,
the shipper shall pay a permit fee based on a schedule of fees established by
the agency in consultation with the State Board of Health. The fee shall
reflect the relative hazard and potential threat to the public health and
safety of the radioactive waste, based upon its volume, radioactivity and toxicity.
Upon receipt of such fee the agency shall issue a permit. Such fee shall be
deposited into the fund established pursuant to the provisions of * * * Section
33-15-11(b)(13), Mississippi Code of 1972, to be used for the purpose of
funding training and preparedness activities as described in Sections 45-14-53
and 45-14-65.
SECTION 3. Section 45-14-65, Mississippi Code of 1972, is amended as follows:
45-14-65. The agency, in
conjunction with the State Board of Health, shall develop as soon as
practicable * * * preparedness programs for public safety and
emergency management officials which shall include instruction and
information on emergency response to transportation accidents involving
radioactive waste.
SECTION 4. This act shall take effect and be in force from and after July 1, 2013.