General Assembly Raised Bill No. 6499
January Session, 2021 LCO No. 3417
Referred to Committee on ENVIRONMENT
Introduced by:
(ENV)
AN ACT CONCERNING RADIATION SECURITY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
1 Section 1. Section 22a-151 of the general statutes is amended by
2 adding subdivisions (9) and (10) as follows (Effective October 1, 2021):
3 (NEW) (9) "Radioactive materials" means any solid, liquid or gas that
4 emits ionizing radiation spontaneously.
5 (NEW) (10) "Commissioner" means the Commissioner of Energy and
6 Environmental Protection or the commissioner's designee or agent.
7 Sec. 2. Section 22a-153 of the general statutes is repealed and the
8 following is substituted in lieu thereof (Effective October 1, 2021):
9 (a) The Commissioner of Energy and Environmental Protection shall
10 supervise and regulate in the interest of the public health and safety the
11 use of ionizing radiation within the state.
12 (b) Said commissioner may employ, subject to the provisions of
13 chapter 67, and prescribe the powers and duties of such persons as may
14 be necessary to carry out the provisions of sections 22a-151 to 22a-158,
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15 inclusive, as amended by this act.
16 (c) Said commissioner shall [make such regulations as may be
17 necessary to carry out the provisions of said sections] adopt regulations,
18 in accordance with the provisions of chapter 54, concerning sources of
19 ionizing radiation and radioactive materials, including, but not limited
20 to, regulations:
21 (1) Necessary to secure agreement state status from the Nuclear
22 Regulatory Commission pursuant to section 274 of the Atomic Energy
23 Act of 1954, 42 USC 2021, as amended from time to time;
24 (2) Relating to the construction, operation, control, tracking, security
25 or decommissioning of sources of ionizing radiation, including, but not
26 limited to, any modification or alteration of such sources;
27 (3) Relating to the production, transportation, use, storage,
28 possession, management, treatment, disposal or remediation of
29 radioactive materials;
30 (4) Relating to planning for and responding to terrorist or other
31 emergency events, or the potential for such events, that involve or may
32 include radioactive materials;
33 (5) Necessary to carry out the provisions of sections 22a-151 to 22a-
34 158, inclusive, as amended by this act;
35 (6) Establishing fees for the licensure of sources of ionizing radiation,
36 that, in conjunction with the fees collected pursuant to section 22a-148,
37 shall be sufficient for the administration, implementation and
38 enforcement of an ionizing radiation program; and
39 (7) To reciprocate in the recognition of specific licenses issued by the
40 Nuclear Regulatory Commission (NRC) or another state that has
41 reached agreement with the NRC pursuant to 42 USC 2021(b), as
42 amended from time to time.
43 (d) The Governor, or the commissioner, is authorized to employ such
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44 consultants, experts and technicians as [he shall deem] are necessary for
45 the purpose of conducting investigations and reporting [to him] on
46 matters connected with the implementation of the provisions of [said]
47 sections 22a-148 to 22a-158, inclusive, as amended by this act.
48 (e) Any fees collected in accordance with section 22a-148 or 22a-150,
49 or any regulations adopted pursuant to subsection (c) of this section,
50 shall be deposited in the General Fund.
51 (f) The commissioner may establish radiation exposure guidelines for
52 emergency responders and the public for the management of
53 emergencies involving radioactive materials. Any such guidelines may
54 be based upon the recommendations of the federal government and the
55 National Council on Radiation Protection and Measurements.
56 Sec. 3. Subsection (a) of section 22a-154 of the general statutes is
57 repealed and the following is substituted in lieu thereof (Effective October
58 1, 2021):
59 (a) The Commissioner of Energy and Environmental Protection [may
60 provide by regulation for] shall adopt regulations, in accordance with
61 the provisions of chapter 54, for the general or specific licensing of [by-
62 product, source, special nuclear materials and other] sources of ionizing
63 radiation. [, or devices or equipment utilizing such materials, and for
64 amendment, suspension, or revocation of licenses issued pursuant
65 thereto] The commissioner may issue, deny, renew, modify, suspend or
66 revoke such licenses and may include such terms and conditions in such
67 licenses that the commissioner deems necessary.
68 Sec. 4. (NEW) (Effective October 1, 2021) (a) Any person who violates
69 any provision of sections 22a-148 to 22a-150, inclusive, of the general
70 statutes or section 22a-153, as amended by this act, 22a-154, as amended
71 by this act, 22a-157, as amended by this act, or 22a-158 of the general
72 statutes, or any regulation adopted or license or order issued pursuant
73 to said sections, or any owner of land who permits such violations to
74 occur on such owner's land, shall be assessed a civil penalty of not more
75 than ten thousand dollars per day for each offense. Each violation shall
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76 be a separate and distinct offense and, in the case of a continuing
77 violation, each day's continuance of such violation shall be deemed a
78 separate and distinct offense. If two or more persons are responsible for
79 such violation, such persons shall be jointly and severally liable under
80 this section. The Attorney General, upon request of the Commissioner
81 of Energy and Environmental Protection, shall institute a civil action in
82 the superior court for the judicial district of Hartford to recover such
83 penalty. Any such action brought by the Attorney General pursuant to
84 this section shall have precedence in the order of trial as provided for in
85 section 52-191 of the general statutes. For the purposes of this section,
86 "person" includes, but is not limited to, any responsible corporate officer
87 or municipal official.
88 (b) Any person who, with criminal negligence, violates any provision
89 of sections 22a-148 to 22a-150, inclusive, of the general statutes or section
90 22a-153, as amended by this act, 22a-154, as amended by this act, 22a-
91 157, as amended by this act, or 22a-158 of the general statutes, or any
92 regulation adopted or license or order issued pursuant to said sections
93 shall be fined not more than twenty-five thousand dollars per day for
94 each violation or be imprisoned not more than one year, or both. A
95 subsequent conviction for any such violation shall carry a fine of not
96 more than fifty thousand dollars per day for each day of violation or
97 imprisonment for not more than two years, or both. Each violation shall
98 be a separate and distinct offense, and, in the case of a continuing
99 violation, each day a violation continues shall be deemed to be a
100 separate and distinct offense.
101 (c) Any person who knowingly violates any provision of sections 22a-
102 148 to 22a-150, inclusive, of the general statutes or section 22a-153, as
103 amended by this act, 22a-154, as amended by this act, 22a-157, as
104 amended by this act, or 22a-158 of the general statutes, or any regulation
105 adopted or license or order issued pursuant to said sections shall be
106 fined not more than fifty thousand dollars per day for each day of
107 violation or be imprisoned not more than three years, or both. A
108 subsequent conviction for any such violation shall carry a fine of not
109 more than one hundred thousand dollars per day for each day of
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110 violation or imprisonment for not more than ten years, or both. Each
111 violation shall be a separate and distinct offense, and, in the case of a
112 continuing violation, each day a violation continues shall be deemed to
113 be a separate and distinct offense.
114 (d) Any person who knowingly makes a false statement,
115 representation or certification in an application, record, report, plan or
116 other document filed or required to be maintained pursuant to sections
117 22a-148 to 22a-150, inclusive, of the general statutes or section 22a-153,
118 as amended by this act, 22a-154, as amended by this act, 22a-157, as
119 amended by this act, or 22a-158 of the general statutes, as amended by
120 this act, or any regulation adopted or license or order issued pursuant
121 to said sections, or who falsifies, tampers with or knowingly renders
122 inaccurate any monitoring device or method required to be maintained
123 under said sections or any regulation adopted or registration, license or
124 order issued pursuant to said sections, shall, upon conviction, be fined
125 not more than twenty-five thousand dollars per day for each violation
126 or imprisoned not more than two years for each violation, or both. Each
127 violation shall be a separate and distinct offense, and, in the case of a
128 continuing violation, each day a violation continues shall be deemed to
129 be a separate and distinct offense.
130 Sec. 5. Section 22a-157 of the general statutes is repealed and the
131 following is substituted in lieu thereof (Effective October 1, 2021):
132 No person shall construct, operate, use, manufacture, produce,
133 transport, transfer, receive, acquire, decommission, own or possess any
134 source of ionizing radiation, unless [exempt, licensed or registered in
135 accordance with the provisions of sections 22a-148 to 22a-158, inclusive]
136 such activity is in compliance with all requirements of this chapter,
137 including any regulation adopted, or registration or license issued
138 pursuant to this chapter. No person shall produce, transport, store,
139 possess, manage, treat, remediate or dispose of any radioactive
140 materials, unless such activity is in compliance with all requirements of
141 this chapter, including any regulation adopted, or registration or license
142 issued pursuant to this chapter. No person shall fail to register a source
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143 of ionizing radiation required to be registered under this chapter,
144 including as required by any regulation adopted, or registration or
145 license issued pursuant to this chapter.
146 Sec. 6. (NEW) (Effective October 1, 2021) (a) The Commissioner of
147 Energy and Environmental Protection may take steps that the
148 commissioner deems necessary to protect human health and the
149 environment, including, but not limited to, investigating, monitoring,
150 abating, containing, mitigating or removing any hazard, potential
151 hazard, pollution, contamination or potential pollution or
152 contamination if: (1) Any person causes or is responsible for any
153 exposure hazard or potential exposure hazard from radioactive
154 materials, radioactive waste or a source of ionizing radiation, or causes
155 or is responsible for pollution, contamination or potential pollution or
156 contamination of any land, water, air or other natural resource of the
157 state through a discharge, spillage, uncontrolled loss, release, leakage,
158 seepage or filtration of radioactive material or radioactive waste, and
159 does not act immediately to prevent, abate, contain, mitigate or remove
160 such hazard, potential hazard, pollution, contamination, or potential
161 pollution or contamination, to the satisfaction of the commissioner, or
162 (2) the person responsible is unknown, and such hazard, potential
163 hazard, pollution, contamination, or potential pollution or
164 contamination, is not being prevented, abated, contained, mitigated or
165 removed by the federal government, any state agency, any municipality
166 or any regional or interstate authority. The commissioner may enter into
167 a contract with any person for the purpose of carrying out the provisions
168 of this subsection.
169 (b) Any person who causes or is responsible for any exposure hazard
170 or potential exposure hazard from radioactive materials, radioactive
171 waste or a source of ionizing radiation or who causes or is responsible
172 for pollution, contamination, or potential pollution or contamination of
173 any land, water, air or other natural resource of the state through a
174 discharge, spillage, uncontrolled loss, release, leakage, seepage or
175 filtration of radioactive material or radioactive waste shall be liable for
176 all costs and expenses incurred by the commissioner in accordance with
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177 subsection (a) of this section, including all costs and expenses to restore
178 the air, water, land and other natural resources of the state, and shall be
179 liable for all attorneys' fees, court costs and any other legal expenses
180 incurred by the state regarding the recovery of such costs. Nothing in
181 this subsection shall preclude the commissioner from seeking additional
182 compensation or such other relief that a court may award, including
183 punitive damages. When such hazard, potential hazard, pollution,
184 contamination or potential pollution or contamination results from the
185 action or inaction of more than one person, each person shall be held
186 jointly and severally liable for such costs. Upon request of the
187 commissioner, the Attorney General shall bring a civil action to recover
188 all such costs and expenses from the person who caused or is
189 responsible for any such hazard, potential hazard, pollution,
190 contamination or potential pollution or contamination.
191 (c) Any person who prevents, abates, contains, removes or mitigates
192 any (1) exposure hazard or potential exposure hazard from radioactive
193 materials, radioactive waste or a source of ionizing radiation that is not
194 authorized by a provision of the general statutes, any regulation,
195 registration or license, or (2) any pollution or contamination or potential
196 pollution or contamination of any land, water, air or other natural
197 resources of the state through a discharge, spillage, uncontrolled loss,
198 release, leakage, seepage or filtration of radioactive material or
199 radioactive waste that is not authorized by a provision of the general
200 statutes, any regulation, registration or license, shall be entitled to
201 reimbursement of the reasonable costs incurred or expended for such
202 abatement, containment, removal or mitigation from any person whose
203 negligent, reckless, knowing or intentional action or inaction caused
204 such hazard, potential hazard, pollution, contamination or potential
205 pollution or contamination. When such hazard, potential hazard,
206 pollution, contamination or potential pollution or contamination results
207 from the action or inaction of more than one person, each such person
208 shall be held jointly and severally liable for such costs.
209 (d) Whenever the commissioner incurs contractual obligations in
210 carrying out the authority vested in the commissioner pursuant to
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211 subsection (a) of this section and the person who causes or is responsible
212 for the hazard, potential hazard, pollution, contamination or potential
213 pollution or contamination does not assume the tasks and
214 responsibilities that are the subject of such contractual obligations, the
215 commissioner shall request the Attorney General to bring a civil action,
216 pursuant to subsection (b) of this section, to recover the costs and
217 expenses of such contractual obligations and other costs and expenses
218 provided for in subsection (b) of this section. If the person responsible
219 is unknown, the commissioner shall request the federal government to
220 assume such contractual obligations to the extent provided for by
221 federal law.
222 Sec. 7. Subsection (a) of section 22a-6a of the general statutes is
223 repealed and the following is substituted in lieu thereof (Effective October
224 1, 2021):
225 (a) Any person who knowingly or negligently violates any provision
226 of section 14-100b or 14-164c, subdivision (3) of subsection (b) of section
227 15-121, section 15-171, 15-172, 15-175, 22a-5, 22a-6 or 22a-7, chapter 440,
228 chapter 441, section 22a-69 or 22a-74, subsection (b) of section 22a-134p,
229 sections 22a-148 to 22a-150, inclusive, section 22a-153, as amended by
230 this act, 22a-154, as amended by this act, section 22a-157, as amended by
231 this act, section 22a-158, section 22a-162, 22a-171, 22a-174, 22a-175, 22a-
232 177, 22a-178, 22a-181, 22a-183, 22a-184, 22a-190, 22a-208, 22a-208a, 22a-
233 209, 22a-213, 22a-220, 22a-225, 22a-231, 22a-336, 22a-342, 22a-345, 22a-
234 346, 22a-347, 22a-349a, 22a-358, 22a-359, 22a-361, 22a-362, 22a-365 to 22a-