§ 1653. Federal-State agreements
(a) The Governor, on behalf of the State of Vermont, may enter into agreements with the
federal government providing for discontinuance of certain of the federal government’s
responsibilities with respect to by-product, source, and special nuclear materials
and the assumption of these responsibilities by the State of Vermont.
(b) In the event of such agreement:
(1) The Department shall provide by rule for general or specific licensing of by-product,
source, special nuclear materials, or devices or equipment utilizing such materials.
The rule shall provide for amendment, suspension, or revocation of licenses. A rule
adopted under this subsection shall be consistent with regulations duly adopted by
the NRC except as the Commissioner determines is necessary to protect public health.
(2) The Department shall have authority to:
(A) impose conditions that are individual to a license when necessary to protect public
health and safety;
(B) reciprocate in the recognition of specific licenses issued by the NRC or another state
that has reached agreement with the NRC pursuant to 42 U.S.C. § 2021(b) (agreement state);
(C) require that licensees and unlicensed individuals comply with the federal statutes
and regulations relating to the authority assumed by the Department under this section
and with the rules adopted by the Department under this section; and
(D) exempt certain by-product, source, or special nuclear materials or kinds of uses or
users from the licensing or registration requirements set forth in this section when
the Department makes a finding that the exemption of such materials or kinds of uses
or users will not constitute a significant risk to the health and safety of the public.
(3) The Department may collect a fee for licenses issued under this section. The fee schedule
for these licenses shall be the schedule adopted by the U.S. Nuclear Regulatory Commission
and published in 10 C.F.R. § 170.31 that is in effect as of July 1, 2016. Fees collected under this section shall be
credited to the Nuclear Regulatory Fund established and managed under subdivision
(4) of this subsection and shall be available to the Department to offset the costs
of providing services under this section.
(4) There is established the Nuclear Regulatory Fund to consist of the fees collected
under subdivision (3) of this subsection and any other monies that may be appropriated
to or deposited into the Fund. Balances in the Nuclear Regulatory Fund shall be expended
solely for the purposes set forth in this section and shall not be used for the general
obligations of government. All balances in the Fund at the end of any fiscal year
shall be carried forward and remain part of the Fund, and interest earned by the Fund
shall be deposited in the Fund. The Nuclear Regulatory Fund is established in the
State Treasury pursuant to 32 V.S.A. chapter 7, subchapter 5.
(5) Any person having a license immediately before the effective date of an agreement
under subsection (a) of this section from the federal government or agreement state
relating to by-product material, source material, or special nuclear material and
which on the effective date of this agreement is subject to the control of this State
shall be considered to have a like license with the State of Vermont until the expiration
date specified in the license from the federal government or agreement state or until
the end of the 90th day after the person receives notice from the Department that
the license will be considered expired.
(6) The Department shall require each person who possesses or uses by-product, source,
or special nuclear materials to maintain records relating to the receipt, storage,
transfer, or disposal of such materials and such other records as the Department may
require subject to such exemptions as may be provided by rule.
(7) Violations:
(A) A person shall not use, manufacture, produce, transport, transfer, receive, acquire,
own, or possess any by-product, source, or special nuclear material unless licensed
by or registered with the Department in accordance with the provisions of this chapter
or rules adopted under this chapter.
(B) The Department shall have the authority in the event of an emergency to impound or
order the impounding of by-product, source, and special nuclear materials in the possession
of any person who is not equipped to observe or fails to observe the provisions of
this chapter or any rules adopted under this chapter.
(8) The provisions of this section relating to the control of by-product, source, and
special nuclear materials shall become effective on the effective date of an agreement
between the federal government and this State as provided in subsection (a) of this
section.
(c) This section does not confer authority to regulate materials or activities reserved
to the NRC under 42 U.S.C. § 2021(c) and 10 C.F.R. Part 150. (Added 1967, No. 27, § 3; amended 2015, No. 82 (Adj. Sess.), § 1.)