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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XVI PUBLIC HEALTH
  • CHAPTER 111H MASSACHUSETTS LOW-LEVEL RADIOACTIVE WASTE
    MANAGEMENT ACT
  • Section 4 Powers and duties of board; acceptance of donations, loans or grants

Section 4. (a) The board shall have the following powers and duties:

(1) to take any action authorized by this chapter either directly or through, or by means of, its own officers, agents or employees, or by contract with any person, including, but not limited to, the adoption of a management plan pursuant to section twelve; the adoption of regulations governing the selection of operators pursuant to section fifteen; the certification of any operator applicants, pursuant to section twenty-two, who satisfy the board’s regulatory criteria; the selection of any superior site pursuant to section twenty-three; the execution of a comprehensive operating contract pursuant to section thirty-three; the approval of a schedule of fees and waste acceptance criteria submitted by any operator, pursuant to section thirty-eight; the administration of the Low-level Radioactive Waste Trust Fund established in section forty-one; and the acceptance of the transfer of any facility license from the operator at the commencement of institutional control of the facility pursuant to section forty-six;

(2) to adopt such regulations as are necessary to accomplish the purposes of this chapter, including regulations governing its procedures;

(3) to call to its assistance and avail itself of the services of such employees of any federal, state, county or municipal department, board, commission, or agency as may be required and made available;

(4) to adopt regulations governing its use of consultant services, and the use of consultant services by community supervisory committees established pursuant to this chapter, which shall establish the rate of compensation for such services; provide for the prior approval by the board, of any such services for which no rate has previously been established by regulation; and require, at a minimum, that any such consultant shall satisfy the standards of conduct provided in section twenty-three of chapter two hundred and sixty-eight A; provided, however, that, except as provided in this section, such regulations shall be consistent with the regulations of the commissioner of administration adopted pursuant to section twenty-nine A of chapter twenty-nine unless the board determines that an inconsistent regulation is necessary to accomplish the purposes of this chapter;

(5) to adopt regulations governing the provision of technical assistance and planning funds to enable community supervisory committees to be established and to participate in the activities established by this chapter;

(6) to conduct continuing public participation and informational programs in accordance with section six;

(7) subject to the provisions of this section, to accept, receive, utilize, and dispose, for any of its purposes and functions, any and all donations, loans, grants or reimbursements of money, equipment, supplies, materials, and services, conditional or otherwise, including any payments made pursuant to section 5(d) of the Low-Level Radioactive Waste Policy Act, as amended 42 USC section 2021e(d), from any state or the United States or agency or political subdivision thereof, or interstate agency, or from any person;

(8) to acquire, by purchase or eminent domain, through the division of capital asset management and maintenance, such interests in land as are necessary to conduct site selection activities pursuant to sections twenty and twenty-three or develop a facility at any superior site selected pursuant to said section twenty-three;

(9) to issue annually, no later than November thirtieth, a report of its activities, which shall be transmitted to the clerk of the senate, the clerk of the house of representatives, the governor, and the chief executive officer of each site, neighboring and affected community, and shall include:

(A) a list of the time, location and subjects of all meetings and adjudicatory proceedings conducted during the year and the minutes thereof;

(B) a list and description of regulations adopted during the year;

(C) a description of all activities undertaken pursuant to sections eighteen to twenty-three, inclusive, during the year;

(D) the most recent management plan adopted by the board; and

(E) a list of any reports prepared during the year; and

(10) to prepare and submit to the commissioner of administration an estimate, required to be filed under section three of chapter twenty-nine, of the amount required for the maintenance of the board, including any costs of providing funds to community supervisory committees pursuant to section twenty-one.

(b) The board shall establish regulations for the acceptance of donations, loans, grants of money, equipment, supplies, materials, and services. The nature, amount and conditions, if any, attendant upon any donation, loan, or grant accepted pursuant to this section, together with the identity of the donor, grantor, or lender, shall be made public. No donor, lender, or grantor shall derive any advantage in any proceeding before the board by reason of such donation, loan or grant.