First Regular Session 113th General Assembly (2003)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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.
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SENATE ENROLLED ACT No. 160
AN ACT to amend the Indiana Code concerning environmental law.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 10-8-3-3, AS ADDED BY P.L.143-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 3. (a) Before a person may transport high level
radioactive waste in Indiana, the person who is responsible for the
shipment 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).
(2) A transportation fee of one thousand dollars ($1,000) for each
total shipment cask of nuclear waste in the shipment.
(b) The director shall deposit fees collected under this section in the
nuclear response fund established by section 6 of this chapter.
SECTION 2. IC 10-14-8-3, AS ADDED BY SEA 257-2003,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 3. (a) Before a person may transport high level
radioactive waste in Indiana, the person who is responsible for the
shipment 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).
(2) A transportation fee of one thousand dollars ($1,000) for each
total shipment cask of nuclear waste
in the shipment.
(b) The director shall deposit fees collected under this section in the
nuclear response fund established by section 6 of this chapter.
SECTION 3. IC 10-14-8-3.1 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]:
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 must submit 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.
SECTION 4. IC 10-14-8-6, AS ADDED BY SEA 257-2003,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 6. (a) The nuclear response fund is established to
provide appropriate education, training, and equipment to local
emergency responders:
(1) in counties that will be affected by the transportation of high
level radioactive waste under this chapter;
and
(2) to:
(A) prevent;
(B) prepare for; and
(C) respond to;
acts of terrorism.
(b) Sources of money for the fund consist of transportation fees
deposited under section 3(b) of this chapter.
(c) The state emergency management agency shall administer the
fund. Money in the fund is annually appropriated to the state
emergency response commission 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.
SECTION 5. IC 10-14-8-9 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 9. A person that transports:
(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.