Bill Text: AZ SB1126 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced

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Bill Title: Intrastate nuclear fuel act

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-02-23 - Senate CED Committee action: Held [SB1126 Detail]

Download: Arizona-2010-SB1126-Introduced.html

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REFERENCE TITLE: intrastate nuclear fuel act

 

 

 

State of Arizona

Senate

Forty-ninth Legislature

Second Regular Session

2010

 

 

SB 1126

 

Introduced by

Senator Melvin

 

 

AN ACT

 

Amending title 30, Arizona Revised Statutes, by adding chapter 3; relating to intrastate nuclear reactor fuel production.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 30, Arizona Revised Statutes, is amended by adding chapter 3, to read:

CHAPTER 3

INTRASTATE NUCLEAR REACTOR FUEL PRODUCTION

ARTICLE 1.  GENERAL PROVISIONS

START_STATUTE30-501.  Definitions

In this article, unless the context otherwise requires:

1.  "Boundaries" means the boundaries of this state described by article I, section 1, Constitution of Arizona.

2.  "Generic and insignificant parts" includes screws, nuts, bolts, pins, springs and other common hardware products regardless of composition.

3.  "Manufactured" means created from basic materials for functional usefulness, including forging, casting, machining, fastening, assembling and other processes for working materials.

4.  "Nuclear reactor fuel" means any material that can be consumed to derive energy through a nuclear fission process regardless of the physical construction of the fuel.

5.  "Produced", "producing" or "production" means the mining, extraction, milling, conversion, processing, enrichment and fabrication of uranium ore into nuclear reactor fuel. END_STATUTE

START_STATUTE30-502.  Legislative declarations; prohibitions; application

A.  The legislature declares that:

1.  nuclear reactor fuel that is produced entirely within the boundaries of this state using equipment manufactured or obtained entirely within the boundaries of this state has not entered interstate commerce.

2.  Basic materials, such as unmachined or unfabricated materials, are not nuclear reactor fuel and are not subject to the authority of the United States Congress to regulate interstate commerce.  The authority of the United States Congress to regulate interstate commerce does not include authority to regulate basic materials used in producing nuclear reactor fuel.

3.  Equipment items that are used in conjunction with the production of nuclear reactor fuel, that are imported into this state from another state or nation and that are subject to federal regulation of interstate commerce, but are not essential components of nuclear reactor fuel, do not subject the production of nuclear reactor fuel to federal regulation under interstate commerce merely because they are used in conjunction with the production of the fuel.

B.  The production of nuclear reactor fuel within the boundaries of this state is not subject to federal law or federal licensing, certification, registration or other federal qualification or other requirements under the authority of the United States Congress to regulate interstate commerce.

C.  This section applies to nuclear reactor fuel produced within the boundaries of this state from basic materials mined or extracted in this state without the inclusion of any significant component materials imported from another state or nation.  Generic and insignificant parts that have other manufacturing or consumer product applications are not considered to be significant component materials, and their use in producing nuclear reactor fuel within the boundaries of this state does not subject the fuel to federal regulation.

D.  This section applies to nuclear reactor fuel produced from and after September 30, 2010. END_STATUTE

Sec. 2.  Legislative findings

The legislature finds that:

1.  The tenth amendment to the Constitution of the United States guarantees to the states and their citizens all powers not granted to the federal government elsewhere in the Constitution and reserves to this state and the citizens of this state certain powers as they were understood at the time this state was admitted to statehood in 1912.

2.  The ninth amendment to the Constitution of the United States guarantees to the people rights not enumerated in the Constitution, including rights as they were understood at the time this state was admitted to statehood in 1912.

3.  The guaranty of those powers and rights is a matter of contract between this state, the citizens of this state and the United States as of the time that the compact with the United States was agreed to and adopted by this state and the United States in 1912.

4.  The regulation of intrastate commerce is vested in the states under article I, section 8, Constitution of the United States, and the ninth and tenth amendments to the Constitution of the United States.