Article 16.--NUCLEAR ENERGY DEVELOPMENT AND RADIATION CONTROL
48-1623.Surety requirements to meet licenserequirements; radiation site closure and reclamation fund established; fundingarrangements for long-term care; radiation long-term care fund established;contracts for care and decommissioning services.(a) For licensed activities involving source materialmilling, source material mill tailings and disposal of low-levelradioactive waste, the secretary shall, and for other classes of licensedactivity involving low-level radioactive material, the secretary mayestablish by rule and regulation standards andprocedures to ensure that the licensee will provide an adequate surety orother financial arrangement to permit the completion of all requirementsestablished by the secretary for the decontamination, closure,decommissioning and reclamation of site, structures and equipment used inconjunction with such licensed activity, in case the licensee shoulddefault for any reason in performing such requirements.
(b) All sureties required pursuant to subsection (a) which are forfeitedshall be paid to the secretary, who shall remit suchmoneys to the state treasurer in accordance with the provisions ofK.S.A.75-4215, and amendments thereto. Upon receipt of each such remittance, thestate treasurer shall deposit the entire amount in the state treasury to thecredit of aspecial fund called the radiation site closure and reclamation fund whichis hereby established. All moneys in this fund are hereby appropriated andmay be expended by the secretary as necessary to complete such requirementson which licensees have defaulted. Moneys in this fund shall not be usedfor normal operating expenses of the secretary or the department.
(c) For license activities involving the disposal of source material,mill tailings and disposal of low-level radioactive waste, the secretaryshall, and for other classes of licensed activity when low-level radioactivematerialwhich will require surveillance or care is likely to remain at the siteafter the licensed activities cease the secretary may, establish by ruleand regulation standards and procedures to ensure that the licensee, beforetermination of the license, will make available such funding arrangementsas may be necessary to provide for long-term site surveillance and care.
(d) All funds collected from licensees pursuant to subsection (c) shallbe paid to the secretary who shall remit such fundsto the state treasurer in accordance with the provisions of K.S.A.75-4215, and amendments thereto. Upon receipt of each such remittance, thestatetreasurer shall deposit the entire amount in the state treasury to the creditof a specialfund called the radiation long-term care fund which is hereby established.All funds accrued as interest on moneys deposited in this fund are herebyappropriated and may be expended by the secretary for continuing long-termsurveillance maintenance and other care of facilities from which such fundsare collected as necessary for protection of the public health, safety andenvironment. Notwithstanding any other provision of this subsection, iftitle to and custody of any radioactive material and its disposal site aretransferred to the United States upon termination of any license for whichfunds have been collected for such long-term care, the collected funds andinterest accrued thereon shall be transferred to the United States.
(e) The sureties or other financial arrangement and funds required bysubsections (a) and (b) shall be established in amounts sufficient toensure compliance with those standards, if any, established by the UnitedStates nuclear regulatory commission pertaining to decontamination, closure,decommissioning, reclamation and long-term site surveillance and care ofsuch facilities and sites.
(f) In order to provide for the proper care and surveillance of sitessubject to subsection (c) of this section which are not subject to K.S.A.48-1620 or 48-1621, and amendments thereto, thestate may acquire by gift or transfer from other governmental agencies orprivate persons, any land and appurtenances necessary to fulfill thepurposes of this section. Any such gift or transfer is subject to approvaland acceptance by the state legislature.
(g) The secretary may provide by contract, agreement, lease or license withanyperson, including another state agency, for the decontamination,closure, decommissioning, reclamation, surveillance or other care of a sitesubject to this section as needed to carry out the purposes of this section.
(h) In the event a person licensed by any governmental agency, otherthan the secretary, desires to transfer a site to the state for the purposeof administering or providing long-term care, a lump sum deposit shall bemade to the radiation long-term care fund. The amount of such depositshall be determined by the secretary taking into account the factors statedin subsections (c) and (e) of this section.
(i) All state, local or other governmental agencies, shall be exemptfrom the requirements of subsections (a) and (c).
History: L. 1984, ch. 198, § 16;L. 2001, ch. 5, § 181; July 1.
Article 16.--NUCLEAR ENERGY DEVELOPMENT AND RADIATION CONTROL
48-1623.Surety requirements to meet licenserequirements; radiation site closure and reclamation fund established; fundingarrangements for long-term care; radiation long-term care fund established;contracts for care and decommissioning services.(a) For licensed activities involving source materialmilling, source material mill tailings and disposal of low-levelradioactive waste, the secretary shall, and for other classes of licensedactivity involving low-level radioactive material, the secretary mayestablish by rule and regulation standards andprocedures to ensure that the licensee will provide an adequate surety orother financial arrangement to permit the completion of all requirementsestablished by the secretary for the decontamination, closure,decommissioning and reclamation of site, structures and equipment used inconjunction with such licensed activity, in case the licensee shoulddefault for any reason in performing such requirements.
(b) All sureties required pursuant to subsection (a) which are forfeitedshall be paid to the secretary, who shall remit suchmoneys to the state treasurer in accordance with the provisions ofK.S.A.75-4215, and amendments thereto. Upon receipt of each such remittance, thestate treasurer shall deposit the entire amount in the state treasury to thecredit of aspecial fund called the radiation site closure and reclamation fund whichis hereby established. All moneys in this fund are hereby appropriated andmay be expended by the secretary as necessary to complete such requirementson which licensees have defaulted. Moneys in this fund shall not be usedfor normal operating expenses of the secretary or the department.
(c) For license activities involving the disposal of source material,mill tailings and disposal of low-level radioactive waste, the secretaryshall, and for other classes of licensed activity when low-level radioactivematerialwhich will require surveillance or care is likely to remain at the siteafter the licensed activities cease the secretary may, establish by ruleand regulation standards and procedures to ensure that the licensee, beforetermination of the license, will make available such funding arrangementsas may be necessary to provide for long-term site surveillance and care.
(d) All funds collected from licensees pursuant to subsection (c) shallbe paid to the secretary who shall remit such fundsto the state treasurer in accordance with the provisions of K.S.A.75-4215, and amendments thereto. Upon receipt of each such remittance, thestatetreasurer shall deposit the entire amount in the state treasury to the creditof a specialfund called the radiation long-term care fund which is hereby established.All funds accrued as interest on moneys deposited in this fund are herebyappropriated and may be expended by the secretary for continuing long-termsurveillance maintenance and other care of facilities from which such fundsare collected as necessary for protection of the public health, safety andenvironment. Notwithstanding any other provision of this subsection, iftitle to and custody of any radioactive material and its disposal site aretransferred to the United States upon termination of any license for whichfunds have been collected for such long-term care, the collected funds andinterest accrued thereon shall be transferred to the United States.
(e) The sureties or other financial arrangement and funds required bysubsections (a) and (b) shall be established in amounts sufficient toensure compliance with those standards, if any, established by the UnitedStates nuclear regulatory commission pertaining to decontamination, closure,decommissioning, reclamation and long-term site surveillance and care ofsuch facilities and sites.
(f) In order to provide for the proper care and surveillance of sitessubject to subsection (c) of this section which are not subject to K.S.A.48-1620 or 48-1621, and amendments thereto, thestate may acquire by gift or transfer from other governmental agencies orprivate persons, any land and appurtenances necessary to fulfill thepurposes of this section. Any such gift or transfer is subject to approvaland acceptance by the state legislature.
(g) The secretary may provide by contract, agreement, lease or license withanyperson, including another state agency, for the decontamination,closure, decommissioning, reclamation, surveillance or other care of a sitesubject to this section as needed to carry out the purposes of this section.
(h) In the event a person licensed by any governmental agency, otherthan the secretary, desires to transfer a site to the state for the purposeof administering or providing long-term care, a lump sum deposit shall bemade to the radiation long-term care fund. The amount of such depositshall be determined by the secretary taking into account the factors statedin subsections (c) and (e) of this section.
(i) All state, local or other governmental agencies, shall be exemptfrom the requirements of subsections (a) and (c).
History: L. 1984, ch. 198, § 16;L. 2001, ch. 5, § 181; July 1.
Article 16.--NUCLEAR ENERGY DEVELOPMENT AND RADIATION CONTROL
48-1623.Surety requirements to meet licenserequirements; radiation site closure and reclamation fund established; fundingarrangements for long-term care; radiation long-term care fund established;contracts for care and decommissioning services.(a) For licensed activities involving source materialmilling, source material mill tailings and disposal of low-levelradioactive waste, the secretary shall, and for other classes of licensedactivity involving low-level radioactive material, the secretary mayestablish by rule and regulation standards andprocedures to ensure that the licensee will provide an adequate surety orother financial arrangement to permit the completion of all requirementsestablished by the secretary for the decontamination, closure,decommissioning and reclamation of site, structures and equipment used inconjunction with such licensed activity, in case the licensee shoulddefault for any reason in performing such requirements.
(b) All sureties required pursuant to subsection (a) which are forfeitedshall be paid to the secretary, who shall remit suchmoneys to the state treasurer in accordance with the provisions ofK.S.A.75-4215, and amendments thereto. Upon receipt of each such remittance, thestate treasurer shall deposit the entire amount in the state treasury to thecredit of aspecial fund called the radiation site closure and reclamation fund whichis hereby established. All moneys in this fund are hereby appropriated andmay be expended by the secretary as necessary to complete such requirementson which licensees have defaulted. Moneys in this fund shall not be usedfor normal operating expenses of the secretary or the department.
(c) For license activities involving the disposal of source material,mill tailings and disposal of low-level radioactive waste, the secretaryshall, and for other classes of licensed activity when low-level radioactivematerialwhich will require surveillance or care is likely to remain at the siteafter the licensed activities cease the secretary may, establish by ruleand regulation standards and procedures to ensure that the licensee, beforetermination of the license, will make available such funding arrangementsas may be necessary to provide for long-term site surveillance and care.
(d) All funds collected from licensees pursuant to subsection (c) shallbe paid to the secretary who shall remit such fundsto the state treasurer in accordance with the provisions of K.S.A.75-4215, and amendments thereto. Upon receipt of each such remittance, thestatetreasurer shall deposit the entire amount in the state treasury to the creditof a specialfund called the radiation long-term care fund which is hereby established.All funds accrued as interest on moneys deposited in this fund are herebyappropriated and may be expended by the secretary for continuing long-termsurveillance maintenance and other care of facilities from which such fundsare collected as necessary for protection of the public health, safety andenvironment. Notwithstanding any other provision of this subsection, iftitle to and custody of any radioactive material and its disposal site aretransferred to the United States upon termination of any license for whichfunds have been collected for such long-term care, the collected funds andinterest accrued thereon shall be transferred to the United States.
(e) The sureties or other financial arrangement and funds required bysubsections (a) and (b) shall be established in amounts sufficient toensure compliance with those standards, if any, established by the UnitedStates nuclear regulatory commission pertaining to decontamination, closure,decommissioning, reclamation and long-term site surveillance and care ofsuch facilities and sites.
(f) In order to provide for the proper care and surveillance of sitessubject to subsection (c) of this section which are not subject to K.S.A.48-1620 or 48-1621, and amendments thereto, thestate may acquire by gift or transfer from other governmental agencies orprivate persons, any land and appurtenances necessary to fulfill thepurposes of this section. Any such gift or transfer is subject to approvaland acceptance by the state legislature.
(g) The secretary may provide by contract, agreement, lease or license withanyperson, including another state agency, for the decontamination,closure, decommissioning, reclamation, surveillance or other care of a sitesubject to this section as needed to carry out the purposes of this section.
(h) In the event a person licensed by any governmental agency, otherthan the secretary, desires to transfer a site to the state for the purposeof administering or providing long-term care, a lump sum deposit shall bemade to the radiation long-term care fund. The amount of such depositshall be determined by the secretary taking into account the factors statedin subsections (c) and (e) of this section.
(i) All state, local or other governmental agencies, shall be exemptfrom the requirements of subsections (a) and (c).
History: L. 1984, ch. 198, § 16;L. 2001, ch. 5, § 181; July 1.
