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Act 204 of 1987
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Act 204 of 1987

AN ACT to provide for matters pertaining to a low-level radioactive waste disposal site in this state; to create a low-level radioactive waste authority and prescribe its powers and duties; to create certain boards, committees, and institutes and prescribe their powers and duties; to prescribe the powers and duties of certain persons, municipalities, and counties and state departments and agencies; to provide for certain methods of dispute resolution; to create certain funds; and to provide for an appropriation and the expenditure of certain funds.

History: 1987, Act 204, Imd. Eff. Dec. 22, 1987
Compiler's Notes: For abolition of the Department of Natural Resources and transfer of its powers, duties, and functions of the Director of the Department of Natural Resources, the Natural Resources Commission, and agencies, boards and commissions contained in the department, including the functions of budget, procurement, and management-related functions to the new Department of Natural Resources, with the exception that the power to designate a member of the commission is vested in the Governor, see E.R.O. No. 1991-22 compiled at MCL 299.13 of the Michigan Compiled Laws.For transfer of powers and duties of the Low-Level Radioactive Waste Authority from the Department of Management and Budget to the Director of the Department of Commerce, see E.R.O. No. 1991-23, compiled MCL 332.26251 of the Michigan Compiled Laws.

© 2020 Legislative Council, State of Michigan

The People of the State of Michigan enact:

Section 333.26201SectionShort title.
Section 333.26202SectionDefinitions.
Section 333.26203SectionLow-level radioactive waste authority; creation; autonomous entity; commissioner as head of authority; appointment, qualifications, and term of commissioner; vacancy; salary; exemption from civil service; employment of personnel.
Section 333.26204SectionPowers of authority generally.
Section 333.26205SectionDuties of authority generally.
Section 333.26206SectionApplication for construction and operating license; agreements or contracts with person to perform responsibility of authority; notice; public comment; forwarding copy of contract.
Section 333.26207SectionEstablishment of process permitting municipality to volunteer as host site; minimum requirement; notice; powers and duties of authority; construction of section.
Section 333.26208SectionSiting criteria advisory committee; establishment; independent entity; appointment, qualifications, and terms of members; powers of committee; vacancy; quorum; action by committee; staff and services; assistance to committee; meetings; notice; reimbursement for expenses.
Section 333.26209SectionFinal siting criteria; establishment; review and consideration of proposed siting criteria; draft version; public hearing.
Section 333.26210SectionFinal siting criteria; establishment; minimum requirement.
Section 333.26211SectionDesignation of 3 qualified candidate sites; exclusion of certain sites; preference to be given certain sites; waiver of criteria; notice; public hearing.
Section 333.26212SectionSite characterization; comprehensive baseline environmental monitoring program; data; access to candidate site.
Section 333.26213SectionReview board; establishment; purpose; public hearings; recommendations; appointment and qualifications of members; chairperson; quorum; meetings; notice; reimbursement for expenses.
Section 333.26214SectionLocal monitoring committee; establishment; purpose; powers and duties; disbandment; duration.
Section 333.26215SectionPreliminary designation of host site; transmittal and availability of information; rejection of site; terms of agreement; design and construction of disposal site; “legislative working day” defined.
Section 333.26216SectionNegotiations; final report; final summary; appointment of arbitration committee; arbitration and resolution of issues; written final agreement; copies; meetings of arbitration committee; cessation of arbitration; decision by chairperson; final arbitration report; costs of chairperson; statement; incorporation of final determinations into final complete agreement.
Section 333.26217SectionInternational low-level radioactive waste research and education institute; establishment; agreements; independent entity; board of governors; appointment, qualifications, and terms of governors; powers and duties of institute; vacancy; quorum; action of board; meetings; general operating expenses; compensation of governor; formation of private nonprofit corporation; reports; availability of writings.
Section 333.26218SectionReport and recommendations; preparation and submission.
Section 333.26218aSectionReport by generator; contents; preparation and presentation of summary.
Section 333.26219SectionEstablishment of fee system for disposal site; assurance of sufficient funding; creation of remedial action fund, long-term liability fund, long-term care fund, and tax contingency fund; administration; disposition of income and earnings; expenditure of funds; surcharges; increase of fees; basis of fee system; disposition of revenues.
Section 333.26219aSectionMichigan as host state; agreement to include provision providing penalty for default.
Section 333.26220SectionLow-level radioactive waste management fund; creation; administration; appropriations; expenditures; sources of revenue; exemption of assets from taxation; preservation and use of assets.
Section 333.26220aSectionBonds.
Section 333.26221SectionRepealed. 1994, Act 434, Imd. Eff. Jan. 6, 1995.
Section 333.26222SectionNoncompliance.
Section 333.26223SectionAnnual report.
Section 333.26224SectionAssistance from other department or agencies; reimbursement for costs.
Section 333.26225SectionAnnual appropriation.
Section 333.26226SectionConditional effective date.
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