Amendment ID: S3018-78

Amendment 78

Environmental Protection

Ms. Moran, Ms. DiZoglio and Mr. Cyr move that the proposed new text be amended by inserting the following new section:-

"SECTION XX. Chapter 111 of the General Laws is hereby amended by inserting after section 5K the following section:-

Section 5K1/2. (a) Notwithstanding any general or special law to the contrary, no person shall discharge certain radioactive materials into Cape Cod Bay before strictly satisfying the requirements of this section. A person who seeks to discharge certain radioactive materials shall provide the following items to the department in a manner and form specified by the department: (1) a sample of  certain radioactive materials; and (2) a description of the discharge that includes the method, location, frequency, anticipated dates of discharge and any other information the department deems necessary. For purposes of this section, certain radioactive materials shall mean materials, whether irradiated or not, created as a waste product of nuclear energy from spent fuel pools, including, but not limited to, processed water.

(b) (1) The department shall conduct an investigation of the potential economic, environmental and public health impacts of the proposed discharge of certain radioactive materials.  Said investigation shall include public hearings conducted in Dukes, Plymouth, Bristol, and Barnstable counties.

(2) Upon completion of the department’s investigation, the department shall issue a report. The report shall include: (i) the scientific findings ,the reasoning for said findings and the data underlying said findings, including, but not limited, to the results of testing the sample provided; (ii) public input from communities in Dukes, Plymouth, Bristol, and Barnstable counties, the nuclear decommissioning citizens advisory panel and any other person; (iii) the potential impact to the environment of the discharge of certain radioactive materials; (iv) the potential impact to the economy of the discharge of certain radioactive materials; and (v) recommendations for reducing the environmental and economic impact of the discharge of certain radioactive materials.

(3) The department shall file said report with the clerks of the senate and the house of representatives, the joint committee on judiciary, the joint committee on environment, natural resources and agriculture, the joint committee on public health, the joint committee on economic development and emerging technologies and the senate and house committees on ways and means. The report shall be posted on the website of the general court and be made available to the public.

(c)  Certain radioactive materials shall not be discharged into Cape Cod Bay until 90 days after the report required pursuant to subsection (b) has been posted on the website of the general court.

(e) The said owner or affiliate shall reimburse The Radiation Control Trust account for all costs to the department and independent third party for said review.

(f) The department shall reimburse the independent third party for all costs incurred for said review.

SECTION 2. This section shall take effect immediately."