2162

LAWS OF MARYLAND

Ch. 240

subsection (b)(1) of this section.
8-403. CERTIFICATION OF DEMONSTRATED TECHNOLOGY.

(A)  POWERS OF SECRETARY.

THE SECRETARY MAY ADOPT A RULE OR REGULATION CERTIFYING
THAT A DEMONSTRATED TECHNOLOGY OR MEANS FOR THE PERMANENT
DISPOSAL OF LOW-LEVEL NUCLEAR WASTE:

(1)  HAS BEEN DEVELOPED;

(2)  WILL BE IN OPERATION AND WILL PROVIDE
ADEQUATE CAPACITY AT THE TIME THAT THE ACTIVITY LICENSED
UNDER THIS TITLE REQUIRES THE AVAILABILITY OF DISPOSAL
CAPACITY FOR LOW-LEVEL NUCLEAR WASTE; AND

(3)  HAS BEEN APPROVED BY:

(I)  THE APPROPRIATE FEDERAL AGENCY;

(II)  AN AUTHORIZED AGENCY OF A STATE THAT
IS A PARTY TO A COMPACT OR AGREEMENT WITH THIS STATE;

(III)  A REGIONAL COMPACT OR EXECUTIVE
AGREEMENT AMONG STATES TO WHICH THIS STATE IS A PARTY
MEMBER; OR

(IV)  THE DEPARTMENT.

(B)  PUBLIC HEARING.

ON PETITION BY ANY PERSON, THE SECRETARY SHALL SCHEDULE
AND CONDUCT PUBLIC HEARINGS AND MAKE SPECIFIC FINDINGS AS TO
THE CONDITIONS DESCRIBED IN THIS SECTION.

(C)  LEGISLATIVE REVIEW.

(1)  THE ADMINISTRATIVE, EXECUTIVE, AND
LEGISLATIVE REVIEW COMMITTEE OF THE GENERAL ASSEMBLY SHALL
REVIEW AT A PUBLIC HEARING EACH RULE OR REGULATION PROPOSED
FOR ADOPTION UNDER SUBSECTION (A) OF THIS SECTION.

(2)  THE COMMITTEE PROMPTLY SHALL NOTIFY THE
GENERAL ASSEMBLY OF THE TEXT OF THE PROPOSED RULE OR
REGULATION AND OF THE DATE OF THE COMMITTEE'S HEARING ON THE
PROPOSED RULE OR REGULATION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 689F(b), (c), and (d).

In the introductory language of subsection (a) of
this section, "Secretary" is substituted for
"Department" because, under § 8-301 of this