HB233: relative to the nuclear planning and response program.

CHAPTER 11

HB 233 - FINAL VERSION

20feb03...0210h

2003 SESSION

03-0993

03/09

HOUSE BILL 233

AN ACT relative to the nuclear planning and response program.

SPONSORS: Rep. Welch, Rock 79

COMMITTEE: Science, Technology and Energy

AMENDED ANALYSIS

This bill transfers the responsibility for assessing fees under the nuclear planning and response program from the chairman of the public utilities commission to the department of safety. This bill also changes references to the director of emergency management to the director of fire safety and emergency management, and makes various other changes to the nuclear planning and response program.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20feb03...0210h

03-0993

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to the nuclear planning and response program.

Be it Enacted by the Senate and House of Representatives in General Court convened:

11:1 General Revenue Exceptions; Nuclear Planning and Response Fund. Amend RSA 6:12, I(e) to read as follows:

(e) Fees [certified] collected by the [chairman of the public utilities commission] department of safety under RSA 107-B, which shall be credited to the New Hampshire nuclear planning and response fund.

11:2 Nuclear Planning and Response Program. Amend RSA 107-B:1 - 107-B:4 to read as follows:

107-B:1 Nuclear Emergency Response Plan.

I. The director of fire safety and emergency management shall, in cooperation with affected local units of government, initiate and carry out a nuclear emergency response plan as specified in the licensing regulations of each nuclear electrical generating plant. The [chairman of the public utilities commission] commissioner of safety shall assess a fee [from the utility], as necessary, to pay for the cost of preparing, maintaining, and operating [the] each plan and providing equipment and materials to implement it.

II. The director of fire safety and emergency management shall conduct an annual review of [the] each nuclear emergency response [plans] plan for those municipalities located in [the] an emergency planning zone, as defined in Nuclear Regulatory Commission regulation Title 10, Code of Federal Regulations, Part 50.

107-B:1-a Definition. In this chapter, "assessed entity" means the entity or entities which have applied to the Nuclear Regulatory Commission for a license to operate or are licensed to operate a nuclear electrical generating facility which affects municipalities under RSA 107-B:1, II.

107-B:2 Annual Emergency Response Budget. The municipalities in each emergency planning zone shall submit annually their emergency response budget to the director of fire safety and emergency management who shall provide a reasonable opportunity for public comment and consideration. The director shall also receive and review the appropriateness of any budget request from any other state agency necessary for radiological emergency preparedness as outlined in the relevant plan. The director shall then submit an approved total annual budget to the [chairman of the public utilities commission] commissioner of safety for assessment [against the utility or utilities] under RSA 107-B:3 and RSA 107-B:4. Prior to assessing the annual budget, the commissioner shall consult with the assessed entity and obtain its input into the budget.

107-B:3 Assessment and Reporting.

I. The cost of preparing, maintaining, and operating [the nuclear planning and response program] a nuclear emergency response plan shall be assessed against each [utility which has applied for a license to operate or is licensed to operate a nuclear generating facility which affects municipalities under RSA 107-B:1, II,] assessed entity in such proportions as the [chairman of the public utilities commission] commissioner of safety determines to be fair and equitable.

II. [Assessments under this section shall not be charged to the normal operating costs of any company before the issuance of an operating license] The commissioner of safety shall enter into a memorandum of understanding with each assessed entity that contains mechanisms to address budget compliance and periodic reporting, performance standards to ensure compliance with federal emergency preparedness requirements, and other topics as the parties deem appropriate.

III. Within 60 days after the close of the fiscal year, the commissioner of safety shall cause a report to be prepared and provided to the assessed entity detailing the use of the fees assessed during the prior fiscal year.

107-B:4 Collection of Assessment. The [chairman of the public utilities commission] department of safety [shall certify to the office of emergency management the amount to be assessed against each utility, and the office of emergency management] shall bill each [utility] assessed entity for the amount assessed against it. The bill shall be sent by registered mail, and shall constitute notice of assessment and demand for payment. Payment shall be made to the [office of emergency management] department of safety within 30 days after the receipt of the bill. If any [utility] assessed entity shall fail or refuse to pay the assessed fee within 30 days, the [chairman] commissioner shall add to the fee a late penalty fee and certify the amount of the delinquent fee and penalty to the attorney general for collection.

11:3 Authority in Radiological Emergency. Amend RSA 107-B:6 to read as follows:

107-B:6 Authority in Radiological Emergency. In the event of a radiological emergency at a nuclear electric generating facility where the [responsible utility] operator is unable to control the situation as necessary to protect public health and safety, the governor shall regulate the [utility] facility under RSA [107:6] 4:45-4:47.

11:4 Effective Date. This act shall take effect 60 days after its passage.

(Approved: April 22, 2003)

(Effective Date: June 21, 2003)