1Amending the act of July 10, 1984 (P.L.688, No.147), entitled
2"An act combining the radiation safety provisions of The
3Atomic Energy Development and Radiation Control Act and the
4Environmental Radiation Protection Act; empowering the
5Department of Environmental Resources to implement a
6comprehensive Statewide radiation protection program; further
7providing for the power of the Environmental Quality Board
8and for the duties of the Environmental Hearing Board;
9expanding the authority of the department to regulate other
10radiation sources; providing for radiation emergency
11response; establishing requirements for transport of spent
12reactor fuel; establishing fees; providing penalties; making
13repeals; and authorizing and directing the Department of
14Environmental Resources and the Governor to convey ownership
15to the Carl A. White Acid Mine Drainage Treatment Plant,
16situated in Washington Township, Indiana County,
17Pennsylvania, to the County of Indiana, subject to a right of
18reverter for stated conditions," in fees, further providing
19for nuclear facility and transport fees.

20The General Assembly of the Commonwealth of Pennsylvania
21hereby enacts as follows:

<-22Section 1. Section 402(b.1)(1) of the act of July 10, 1984
23(P.L.688, No.147), known as the Radiation Protection Act,
24amended July 13, 2007 (P.L.95, No.31), is amended to read:

<-25Section 1. Section 402(b.1)(1) and (c)(1.1) of the act of
 

1July 10, 1984 (P.L.688, No.147), known as the Radiation 
2Protection Act, amended July 13, 2007 (P.L.95, No.31), are 
3amended to read:

4Section 402. Nuclear facility and transport fees.

5* * *

6(b.1) Department fees.--

7(1) Within 30 days of the effective date of this
8subsection, each person who has a current nuclear power
9reactor construction permit or operating license from the NRC
10for a site within this Commonwealth shall pay the department
11$100,000 per nuclear power reactor site, regardless of the
12number of individual nuclear power reactors located at the
13site. By July 1, 2007, and July 1 of each year thereafter,
14each person who has a current nuclear power reactor
15construction permit or operating license from the NRC for a
16site within this Commonwealth shall pay the department an
17annual fee of [$550,000] $650,000 per nuclear power reactor
18site, regardless of the number of individual nuclear power
19reactors located at the site. For the purposes of this
20subsection only, a nuclear power reactor site shall be deemed
21to be the location of one or more individual nuclear power
22reactors which still has spent nuclear fuel stored onsite,
23has not been fully dismantled and decommissioned pursuant to
24applicable Federal law and regulations and has not been
25granted license termination by the NRC.

26* * *

<-27(c) Agency fees.--

28(1.1) (i) [Within 30 days of the effective date of this
29paragraph, each person who has a current nuclear power
30reactor construction permit or operating license from the

1NRC for a site within this Commonwealth shall pay the
2agency, regardless of the number of individual nuclear
3power reactors located at the site, $100,000 to be
4deposited into the Radiological Emergency Response
5Planning and Preparedness Program Fund to be collected
6and used by the agency in accordance with the provisions
7of 35 Pa.C.S. § 7320 (relating to radiological emergency
8response preparedness, planning and recovery program) and
9$50,000 to be deposited into the Radiation Emergency
10Response Fund to be collected and used by the agency for
11radiological emergency response equipment, planning,
12training and exercise costs involving nonagency
13personnel.] By July 1, 2007, and July 1 of each year
14thereafter through July 1, 2014, each person who has a
15current nuclear power reactor construction permit or
16operating license from the NRC for a site within this
17Commonwealth shall pay the agency the following fees,
18regardless of the number of individual nuclear power
19reactors located at the site:

20(A) $200,000 to be collected and used by the
21agency in accordance with the provisions of 35 
22Pa.C.S. § 7320 (relating to radiological emergency 
23response preparedness, planning and recovery 
24program).

25(B) $150,000 to be collected and used by the
26agency for radiological emergency response equipment,
27planning, training and exercise costs involving
28nonagency personnel.

29(i.1) By July 1, 2015, and July 1 of each year
30thereafter, each person who has a current nuclear power

1reactor construction permit or operating license from the
2NRC for a site within this Commonwealth shall pay the
3agency the following fees, regardless of the number of
4individual nuclear power reactors located at the site:

5(A) $275,000 to be collected and used by the
6agency in accordance with the provisions of 35
7Pa.C.S. § 7320.

8(B) $150,000 to be collected and used by the
9agency for radiological emergency response equipment,
10planning, training and exercise costs involving
11nonagency personnel.

12(ii) Payments collected under [subparagraph (i)(A)]
13subparagraphs (i)(A) and (i.1)(A) shall be deposited into
14the Radiological Emergency Response Planning and
15Preparedness Program Fund established pursuant to 35 
16Pa.C.S. § 7320(c). Payments collected under [subparagraph
17(i)(B)] subparagraphs (i)(B) and (i.1)(B) shall be
18deposited into the Radiation Emergency Response Fund. For
19the purposes of this subsection only, a nuclear power
20reactor site shall be deemed to be the location of one or
21more individual nuclear power reactors which still has
22spent nuclear fuel stored onsite, has not been fully
23dismantled and decommissioned pursuant to applicable
24Federal law and regulations and has not been granted
25license termination by the NRC.

26* * *

27Section 2. <-This The amendment of section 402(b.1) of the act
28shall apply to annual fees due on and after July 1, 2015.

29Section 3. This act shall take effect immediately.