10-3-1309. (Effective January 1, 2004) Responsibilities of public service commission -- inspection of rails and trains -- agreements with neighboring states and provinces -- rulemaking. (1) After receiving notification from the disaster and emergency services division that high-level radioactive waste or transuranic waste will be shipped by railroad through the state, the public service commission shall establish a plan for inspecting the rails and the trains, as authorized in Title 69, chapter 14, part 2, that will be involved in the transportation of the waste. The plan must include but is not limited to:
     (a) coordination with the federal railroad administration on track and rolling stock inspections;
     (b) inspection and approval by a federally certified inspector no later than 1 week prior to shipment; and
     (c) a requirement that trains carrying radioactive waste or transuranic waste may not travel at greater than the speed required by federal regulations.
     (2) The public service commission may enter into reciprocal agreements with adjacent states and bordering Canadian provinces that Montana's inspectors may inspect trains while they are stopped in those states or provinces before they cross the Montana border.
     (3) The public service commission shall, in cooperation with the department of transportation, the disaster and emergency services division, and the highway patrol, establish rules to carry out the provisions of this part. The rules must address:
     (a) the process by which local authorities will be notified when a motor carrier or a train carrying high-level radioactive waste or transuranic waste is approaching their jurisdictions;
     (b) which local authorities will receive notification;
     (c) the process by which local governments and local emergency response entities may apply for and receive training and reimbursement money from the radioactive waste transportation monitoring, emergency response, and training account, as provided in 10-3-1304;
     (d) the criteria for qualifying to receive money from the account;
     (e) acceptable means for monitoring a train that is carrying high-level radioactive waste or transuranic waste; and
     (f) other processes or procedures that the public service commission, the department of transportation, the disaster and emergency services division, and the highway patrol determine are necessary to efficiently carry out the provisions of this part and to ensure the safe transportation of high-level radioactive waste or transuranic waste through Montana.

     History: En. Sec. 9, Ch. 560, L. 2003.