HOUSE BILL No. 5119


     September 30, 1997, Introduced by Rep. Alley and referred to the Committee on Conservation, Environment and Recreation.


        A bill to create the nuclear waste escrow fund; to provide

   for the deposit of certain fees in the fund; and to provide for

   the use of the fund.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 1.  As used in this act, "fund" means the nuclear waste

 2    escrow fund created in section 2.

 3         Sec. 2.  (1) The nuclear waste escrow fund is created within

 4    the state treasury.

 5         (2) The state treasurer may receive money or other assets

 6    from any source for deposit into the fund.  The state treasurer

 7    shall direct the investment of the fund.  The state treasurer

 8    shall credit to the fund interest and earnings from fund

 9    investments.

10         (3) Money in the fund at the close of the fiscal year shall

11    remain in the fund and shall not lapse to the general fund.


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 1         Sec. 3.  (1) The public service commission may direct

 2    persons in this state that are generating or holding title to

 3    high-level radioactive waste or spent nuclear fuel and that are

 4    subject to the fee specified under to section 302 of title III of

 5    the nuclear waste policy act of 1982, Public Law 97-425, 42

 6    U.S.C. 10222, to remit that fee to the state treasurer.  The

 7    state treasurer shall deposit the fee into the nuclear waste

 8    escrow fund.  The state treasurer shall release the revenue in

 9    the nuclear waste escrow fund to the secretary of the federal

10    department of energy upon a showing by the secretary that a fed-

11    eral repository for the long-term storage and permanent disposal

12    of spent nuclear fuel and high-level radioactive waste is operat-

13    ing and currently accepting such materials.

14         (2) This act is intended to enable this state to adopt or

15    implement any appropriate relief granted by a court of competent

16    jurisdiction for the United States department of energy's breach

17    of its obligations to dispose of commercial spent nuclear fuel

18    not later than January 31, 1998.





















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