Reprinted
February 25, 2010
ENGROSSED
SENATE BILL No. 186
_____
DIGEST OF SB 186
(Updated February 24, 2010 6:21 pm - DI 84)
Citations Affected: IC 10-11; IC 10-14; IC 13-25; IC 22-12.
Synopsis: Transportation of radioactive materials. Adds violations
concerning the transportation of radioactive waste to the list of
violations for which a truck and trailer may be stopped, inspected, and
cited at a weigh station. Allows certain members of: (1) local
emergency planning committees; and (2) the board of firefighting
personnel standards and education; to appoint designees. Amends
IC 10-14-8 concerning the transportation of high level radioactive
waste to apply to both high and low level radioactive waste. Requires
a person that transports high or low level radioactive waste to obtain a
permit from the department of homeland security. Provides that the
state police department may detain, seize, or impound a vehicle that
illegally transports radioactive waste. Imposes civil penalties for the
illegal transportation of radioactive waste. Deposits civil penalties in
the nuclear response fund. Specifies who may inspect motor vehicles
for illegal transportation of radioactive waste. Provides that the illegal
transportation of radioactive waste is a Class B infraction.
Effective: July 1, 2010.
Wyss, Arnold, Randolph
(HOUSE SPONSORS _ TINCHER, WOLKINS, BARNES)
January 5, 2010, read first time and referred to Committee on Homeland Security,
Transportation & Veterans Affairs.
January 19, 2010, amended, reported favorably _ Do Pass.
January 21, 2010, read second time, ordered engrossed.
January 22, 2010, engrossed.
January 26, 2010, read third time, passed. Yeas 50, nays 0.
HOUSE ACTION
February 2, 2010, read first time and referred to Committee on Roads and Transportation.
February 11, 2010, reported _ Do Pass. Referred to Committee on Ways and Means.
February 22, 2010, reported _ Do Pass.
February 24, 2010, read second time, amended, ordered engrossed.
Reprinted
February 25, 2010
Second Regular Session 116th General Assembly (2010)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.
ENGROSSED
SENATE BILL No. 186
A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 10-11-2-26; (10)ES0186.3.1. -->
SECTION 1. IC 10-11-2-26, AS AMENDED BY P.L.21-2007,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 26. (a) The superintendent may assign qualified
persons who are not state police officers to supervise or operate
permanent or portable weigh stations. A person assigned under this
section may stop, inspect, and issue citations to operators of trucks and
trailers having a declared gross weight of at least ten thousand one
(10,001) pounds and buses at a permanent or portable weigh station or
while operating a clearly marked Indiana state police vehicle for
violations of the following:
(1) IC 6-1.1-7-10.
(2) IC 6-6-1.1-1202.
(3) IC 6-6-2.5.
(4) IC 6-6-4.1-12.
(5) IC 8-2.1.
(6) IC 9-18.
(7) IC 9-19.
(8) IC 9-20.
(9) IC 9-21-7-2 through IC 9-21-7-11.
(10) IC 9-21-8-41 pertaining to the duty to obey an official traffic
control device for a weigh station.
(11) IC 9-21-8-45 through IC 9-21-8-48.
(12) IC 9-21-9.
(13) IC 9-21-15.
(14) IC 9-21-21.
(15) IC 9-24-1-1 through IC 9-24-1-2.
(16) IC 9-24-1-7.
(17) Except as provided in subsection (c), IC 9-24-1-6,
IC 9-24-6-16, IC 9-24-6-17, and IC 9-24-6-18, commercial
driver's license.
(18) IC 9-24-4.
(19) IC 9-24-5.
(20) IC 9-24-11-4.
(21) IC 9-24-13-3.
(22) IC 9-24-18-1 through IC 9-24-18-2.
(23) IC 9-25-4-3.
(24) IC 9-28-4.
(25) IC 9-28-5.
(26) IC 9-28-6.
(27) IC 9-29-5-11 through IC 9-29-5-13.
(28) IC 9-29-5-42.
(29) IC 9-29-6-1.
(30) IC 10-14-8.
(30) (31) IC 13-17-5-1, IC 13-17-5-2, IC 13-17-5-3, or
IC 13-17-5-4.
(31) (32) IC 13-30-2-1.
(b) For the purpose of enforcing this section, a person assigned
under this section may detain a person in the same manner as a law
enforcement officer under IC 34-28-5-3.
(c) A person assigned under this section may not enforce
IC 9-24-6-14 or IC 9-24-6-15.
SOURCE: IC 10-14-8-1; (10)ES0186.3.2. -->
SECTION 2. IC 10-14-8-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. (a) This chapter
applies to the following:
(1) High level radioactive waste transported to or from facilities
sited, constructed, or operated in accordance with the federal
Nuclear Waste Policy Act of 1982. a site authorized by a
government agency to receive, store, reprocess, or dispose of
high level radioactive waste or spent nuclear fuel.
(2) Low level radioactive waste that is:
(A) transported to a site authorized by a government
agency to receive low level radioactive waste; or
(B) shipped to a storage or treatment site before disposal.
(b) This chapter does not apply to:
(1) radioactive materials waste shipped by or for the federal
government for: (1) military; (2) national security; or (3) national
defense; purposes. United States Department of Defense; or
(2) the transport of low level radioactive waste between
premises owned by or operated under the license of a licensee
by a motor vehicle owned by or under contract to the licensee
and a facility owned by or operated under the license of a
licensee in Indiana.
SOURCE: IC 10-14-8-2; (10)ES0186.3.3. -->
SECTION 3. IC 10-14-8-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. As used in this
chapter, "high level radioactive waste" means:
(1) irradiated reactor fuel;
(2) liquid wastes resulting from the operation of a first cycle
solvent extraction system or its equivalent and the concentrated
wastes from a subsequent extraction cycle or its equivalent in a
facility for reprocessing irradiated reactor fuel; and
(3) solids into which liquid wastes described in subdivision (2)
have been converted; and
(4) materials produced as a byproduct of the reactions that
occur inside a nuclear reactor in either of the following forms:
(A) Spent nuclear fuel that is accepted for disposal.
(B) Waste materials remaining after spent nuclear fuel is
reprocessed.
SOURCE: IC 10-14-8-2.3; (10)ES0186.3.4. -->
SECTION 4. IC 10-14-8-2.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 2.3. As used in this chapter, "licensee" refers to an
entity that is licensed by the United States Nuclear Regulatory
Commission to own or use radioactive materials.
SOURCE: IC 10-14-8-2.5; (10)ES0186.3.5. -->
SECTION 5. IC 10-14-8-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 2.5. As used in this chapter, "low level radioactive
waste" means radioactive material from a facility licensed by the
United States Nuclear Regulatory Commission under 10 CFR 50
other than the following:
(1) High level radioactive waste.
(2) Spent nuclear fuel.
(3) Transuranic waste.
(4) Byproduct material (as defined in 42 U.S.C. 2014(e)).
SOURCE: IC 10-14-8-2.7; (10)ES0186.3.6. -->
SECTION 6. IC 10-14-8-2.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 2.7. As used in this chapter, "spent nuclear fuel"
means fuel:
(1) that has been withdrawn from a nuclear reactor following
irradiation; and
(2) whose constituent elements have not been separated by
reprocessing.
SOURCE: IC 10-14-8-2.9; (10)ES0186.3.7. -->
SECTION 7. IC 10-14-8-2.9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 2.9. (a) A shipper of high or low level radioactive
waste in Indiana must submit an application to the department of
homeland security in the form and manner prescribed by the
department of homeland security.
(b) The department of homeland security may issue a permit to
a person that:
(1) submits a completed application; and
(2) pays a fee set by the department of homeland security.
(c) The permit must:
(1) specify the purpose for which the permit is issued; and
(2) contain an expiration date.
SOURCE: IC 10-14-8-3; (10)ES0186.3.8. -->
SECTION 8. IC 10-14-8-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. (a) Before a person
may transport high level radioactive waste in Indiana, the person who
is responsible for the shipment shipper must submit the following to
the director:
(1) A notice that includes:
(A) the highway or railway route, date, and time of the
shipment of high level radioactive waste; and
(B) other information required under 10 CFR 71.5(a) and 10
CFR 73.37(f). An appropriate permit issued under section
2.9 of this chapter.
(2) A transportation fee of one thousand dollars ($1,000) for each
cask of nuclear waste in the shipment. The following fees:
(A) For each truck shipment, two thousand five hundred
dollars ($2,500) per truck.
(B) For each rail shipment:
(i) four thousand five hundred dollars ($4,500) for the
first cask; and
(ii) three thousand dollars ($3,000) for the second and
additional casks.
(b) The director shall deposit fees collected under this section in the
nuclear response fund established by section 6 of this chapter.
(c) As used in this section, "cask" means a heavily shielded
container:
(1) used for the shipment of radioactive materials, including
high level radioactive waste and spent nuclear fuel; and
(2) whose design is approved by the United States Nuclear
Regulatory Commission.
SOURCE: IC 10-14-8-3.1; (10)ES0186.3.9. -->
SECTION 9. IC 10-14-8-3.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3.1. (a) Before a person
may transport low level radioactive waste (as defined in
IC 13-11-2-121(a)) in Indiana, the person who is responsible for the
shipment shipper must submit:
(1) an appropriate permit issued under section 2.9 of this
chapter; and
(2) a transportation fee of one hundred dollars ($100) for each
total shipment of low level radioactive waste;
to the director.
(b) The director shall deposit fees collected under this section in the
nuclear response fund established by section 6 of this chapter.
SOURCE: IC 10-14-8-4; (10)ES0186.3.10. -->
SECTION 10. IC 10-14-8-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. (a) The director shall
consult with:
(1) the state health commissioner of the state department of
health;
(2) the commissioner of the Indiana department of transportation;
(3) the commissioner of the department of environmental
management;
(4) the director of the department of natural resources;
(5) the superintendent of the state police department;
(6) representatives of the:
(A) United States Nuclear Regulatory Commission;
(B) Federal Emergency Management Agency;
(C) United States Department of Energy; and
(D) United States Department of Transportation; and
(7) a representative of a local emergency management agency
designated by the director;
to prepare a plan for emergency response to a high level radioactive
waste transportation accident in Indiana. The plan must include
provisions for evacuation, containment, and cleanup and must
designate the role of each state or local government agency involved in
the emergency response plan.
(b) The director shall report to the general assembly each year on
the:
(1) status of the plan prepared under subsection (a); and
(2) ability of the state to respond adequately to a high level
radioactive waste transportation accident in Indiana.
A report under this subsection to the general assembly must be in an
electronic format under IC 5-14-6.
SOURCE: IC 10-14-8-5; (10)ES0186.3.11. -->
SECTION 11. IC 10-14-8-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. (a) Under 49 CFR
Part 177, the director may require preferred highway routes for
transporting high level radioactive waste in Indiana if the director
determines under United States Department of Transportation
"Guidelines for Selecting Preferred Highway Routes for
Large
Highway Route Controlled Quantity Shipments of Radioactive
Materials" that alternative routes are safer than proposed routes.
(b) The director shall:
(1) annually review federally approved highway and railway
routes for transporting high level radioactive waste in Indiana;
and
(2) select new state designated routes in accordance with 49 CFR
Part
177 172.80 if safety considerations indicate the alternate
routes would be preferable.
(c) Before the director may require alternative routes under
subsection (a) or select new state designated routes under subsection
(b), the director must do the following:
(1) Consult with all of the persons described in section 4(a) of this
chapter.
(2) Conduct or engage in substantial consultation with the
affected local county authorities.
(3) Notify the:
(A) state health commissioner of the state department of
health;
(B) commissioner of the department of environmental
management;
(C) superintendent of the state police department; and
(D) local emergency management agency and applicable local
fire and law enforcement agencies in each affected county;
of the director's final decision concerning an alternative route or
a new state designated route before the date upon which the
alternative route or new state designated route takes effect.
(4) If the director wishes to change the route of a railway
shipment of high level radioactive waste, the director must notify
the United States Department of Energy and the appropriate rail
carrier of any changes the director feels should be made to the
route.
(d) The state is not liable by requiring alternate routes to be used as
provided under this section.
SOURCE: IC 10-14-8-6; (10)ES0186.3.12. -->
SECTION 12. IC 10-14-8-6, AS AMENDED BY P.L.1-2006,
SECTION 177, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 6. (a) The nuclear response fund is
established to:
(1) provide appropriate education, training, and equipment to
state and local emergency responders:
(1) in counties (A) that will be affected by respond to a
release of radioactive waste caused by or during the
transportation of high level radioactive waste under this
chapter; and
(2) (B) to (A) prevent, (B) prepare for, and (C) respond to acts
of terrorism; and
(2) otherwise enforce this chapter.
(b) Sources of money for the fund consist of transportation fees
deposited under section 3(b) or 3.1(b) of this chapter.
(c) The department of homeland security shall administer the fund.
Money in the fund is annually appropriated to the state emergency
response commission department of homeland security to be used for
purposes described in subsection (a).
(d) The expenses of administering the fund shall be paid from
money in the fund.
(e) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
(f) Money in the fund at the end of a fiscal year does not revert to
the state general fund.
SOURCE: IC 10-14-8-9; (10)ES0186.3.13. -->
SECTION 13. IC 10-14-8-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 9. A person that
transports: shipper of:
(1) low level radioactive waste; (as defined in IC 13-11-2-121(a));
or
(2) high level radioactive waste;
in Indiana shall reimburse each governmental entity that provides
security for a shipment for reasonable and necessary expenses incurred
by the governmental entity in providing the security.
SOURCE: IC 10-14-8-10; (10)ES0186.3.14. -->
SECTION 14. IC 10-14-8-10 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 10. (a) The state police
department may detain, seize, or impound a motor vehicle and its
cargo if the state police department determines that the motor
vehicle is involved in a violation of this chapter. The state police
department shall observe established state police department
guidelines in seizing or impounding the motor vehicle and cargo.
(b) To obtain possession of a seized or impounded motor vehicle
or its cargo, the motor carrier that operates the motor vehicle must
correct any violations of this chapter, including without limitation
the failure to obtain a permit required under this chapter that
resulted in the detention, seizure, or impounding of the motor
vehicle or cargo.
SOURCE: IC 10-14-8-11; (10)ES0186.3.15. -->
SECTION 15. IC 10-14-8-11 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 11. (a) The following may conduct
inspections of motor vehicles and cargo to determine violations of
and enforce this chapter:
(1) The state police department.
(2) Agents of the state police department.
(3) Motor carrier inspectors of the state police department.
(4) Other eligible law enforcement officers.
(b) With respect to any rail shipment, the following may request
from a shipper or carrier a copy of the appropriate permit issued
under section 2.9 of this chapter to the shipper:
(1) The state police department.
(2) Agents of the state police department.
(3) Motor carrier inspectors of the state police department.
(4) Rail safety inspectors.
(5) Other eligible law enforcement officers.
SOURCE: IC 10-14-8-12; (10)ES0186.3.16. -->
SECTION 16. IC 10-14-8-12 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 12. A person who violates this
chapter commits a Class B infraction.
SOURCE: IC 13-25-1-6; (10)ES0186.3.17. -->
SECTION 17. IC 13-25-1-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6. (a) The commission
shall do the following:
(1) Encourage and support the development of emergency
planning efforts to provide:
(A) state government entities;
(B) local governments; and
(C) the public;
with information concerning potential chemical hazards in
Indiana.
(2) Assist the state in complying with the requirements of SARA.
(3) Design and supervise the operation of emergency planning
districts in Indiana.
(4) Gather and distribute information needed for effective
emergency response planning.
(b) A local emergency planning committee shall do the following:
(1) Satisfy the requirements of SARA.
(2) Prepare and submit a roster of committee members to the
commission at least one (1) time each year.
(3) Meet at least two (2) times, on separate days, every six (6)
months.
(4) Prepare and submit the report required under IC 6-6-10-8.
(c) A local emergency planning committee member who is an
employee of a unit (as defined in IC 36-1-2-23) may appoint a
designee to act on the committee member's behalf under this
chapter. An appointment under this subsection must:
(1) be in writing;
(2) specify the duration of the appointment; and
(3) be submitted to the committee at least two (2) calendar
days before the first meeting that the designee attends on
behalf of the member.
SOURCE: IC 22-12-3-2; (10)ES0186.3.18. -->
SECTION 18. IC 22-12-3-2, AS AMENDED BY P.L.101-2006,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 2. (a) The education board consists of eleven (11)
voting members
The governor shall appoint nine (9) individuals as
voting members of the education board, each to serve a term of four (4)
years. as follows:
(1) The state fire marshal
and or the state fire marshal's
designee.
(2) The
deputy director of the department's division of
preparedness and training
shall also serve as voting members of
the education board. or the director's designee.
(3) Nine (9) members appointed by the governor, each serving
a four (4) year term.
(b) Each appointed member of the education board must be
qualified by experience or education in the field of fire protection and
related fields.
(c) Each appointed member of the education board must be a
resident of Indiana.
(d) The education board must include the following appointed
members:
(1) Seven (7) individuals who are members of fire departments.
Appointments under this subdivision must include the following:
(A) At least one (1) individual who is a full-time firefighter (as
defined in IC 36-8-10.5-3).
(B) At least one (1) individual who is a volunteer firefighter
(as defined in IC 36-8-12-2).
(C) At least one (1) individual who is a fire department officer.
(2) Two (2) citizens who are not members of a fire department.