BILL ANALYSIS
Appropriations Committee Fiscal Summary
13 (Romero)
Hearing Date: 4/28/03 Amended: April 3, 2003
Consultant: Miriam Barcellona Ingenito Policy Vote:
EQ 5-2
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BILL SUMMARY: SB 13 would (1) enact the Radiation Safety
Act of 2003 (RSA) and (2) prohibit the disposal of
radioactive waste at specified facilities.
Fiscal Impact (in thousands)
Major Provisions 2003-04 2004-05 2005-06
Fund
DTSC Regs./Permits $300 $600 $600
SF*
Enforcement
DHS Unknown, potentially significant
GF
*Hazardous Waste Control Account
STAFF COMMENTS: This bill meets the criteria for referral
to the Suspense file. RSA would do the following: (1)
make definitions; (2) prohibit the disposal of radioactive
waste in the State except at those facilities that are
permitted or licensed for that particular type and amount
of radioactive waste under the Radiation Control Law, or by
the Nuclear Regulatory Commission; and (3) exempt specified
radioactive materials from the disposal limitations,
including radioactive materials that are commonly used in
medicine, biotechnology, and academia that meet specified
criteria.
In order to implement this bill, the Department of Toxic
Substances Control (DTSC) would require about five
positions ($500,000). According to DTSC, even though SB 13
does not explicitly require it to adopt regulations, it
does add a new prohibition that it would have to enforce;
consequently, the department would have to either adopt
regulations or establish permit conditions. STAFF NOTES
that while the proponents of the bill have claimed that
this prohibition already exists as a condition of the three
hazardous waste facilities DTSC already permitted, DTSC
contends that it is not the case and the permits do allow
some radioactive waste into those facilities. DTSC further
contends existing law makes DHS solely regulate radioactive
waste; therefore, SB 13 would give it new enforcement
requirements.
DHS issues licenses under the Radiation Control Law to
facilities to receive radioactive materials. SB 13 would
require that licenses issued by DHS under the Radiation
Control Law also comply with the restriction of RSA. SB 13
would prohibit DHS from granting exemptions from the RSA.
DHS indicates that SB 13 would result in significant costs
associated with the "extremely restrictive level of
regulation" that set clean up standards to equal that of
background. DHS estimates to achieve the new standards, it
would need more sophisticated equipment, additional
inspection staff, additional laboratory positions, and
additional review staff for evaluating the extensive
surveying and sampling plans necessary to ensure "no
radioactivity" is disposed of in a landfill (costs could be
in the millions). STAFF NOTES that proponents of SB 13
disagree with DHS's assessment and believe that the bill's
requirements could be met within existing resources.
Additionally, proponents note that DHS tried to deregulate
radioactive waste to below 25 millirem dose, but the court
struck down the effort and required that if DHS wanted to
make that rule, it had to fully comply with CEQA and
complete an EIR. Proponents believe that by setting the
standard in law, DHS is saved the costs of going through
the costly CEQA process.