PRINTER'S NO. 3689
No. 2789 Session of 1992
INTRODUCED BY ITKIN, GEORGE, HAYDEN AND FREEMAN, JUNE 2, 1992
REFERRED TO COMMITTEE ON CONSERVATION, JUNE 2, 1992
AN ACT
1 Amending the act of July 10, 1984 (P.L.688, No.147), entitled
2 "An act combining the radiation safety provisions of The
3 Atomic Energy Development and Radiation Control Act and the
4 Environmental Radiation Protection Act; empowering the
5 Department of Environmental Resources to implement a
6 comprehensive Statewide radiation protection program; further
7 providing for the power of the Environmental Quality Board
8 and for the duties of the Environmental Hearing Board;
9 expanding the authority of the department to regulate other
10 radiation sources; providing for radiation emergency
11 response; establishing requirements for transport of spent
12 reactor fuel; establishing fees; providing penalties; making
13 repeals; and authorizing and directing the Department of
14 Environmental Resources and the Governor to convey ownership
15 to the Carl A. White Acid Mine Drainage Treatment Plant,
16 situated in Washington Township, Indiana County,
17 Pennsylvania, to the County of Indiana, subject to a right of
18 reverter for stated conditions," increasing the fees paid by
19 the nuclear power industry to cover increased costs related
20 to nuclear reactor safety, environmental radiation monitoring
21 and radiation emergency response.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. Sections 102, 402(b) and 403(a) of the act of
25 July 10, 1984 (P.L.688, No.147), known as the Radiation
26 Protection Act, are amended to read:
27 Section 102. Legislative findings.
1 (a) General findings.--The General Assembly hereby
2 determines, declares and finds that, since radiation exposure
3 has the potential for causing undesirable health effects, the
4 citizens of the Commonwealth should be protected from
5 unnecessary and harmful exposure resulting from use of
6 radioactive materials, radiation sources, accidents involving
7 nuclear power and radioactive material transportation. It is the
8 purpose of this act to:
9 (1) Establish and maintain a comprehensive program of
10 radiation protection in the Department of Environmental
11 Resources.
12 (2) Provide for the licensing and regulation in
13 cooperation with the Federal Government, other State agencies
14 and appropriate private entities of radiologic equipment and
15 procedures.
16 (3) Maintain a comprehensive environmental radiation
17 monitoring program around nuclear power plants and at other
18 locations throughout the Commonwealth.
19 (4) Establish a nuclear safety program to make
20 evaluations of all nuclear power plants in the Commonwealth,
21 such evaluations restricted to the specific use of the
22 Secretary of Environmental Resources and his designees
23 authorized by law for the purpose of informing the Governor,
24 the General Assembly and concerned and affected Federal,
25 State and local government organizations. It is not the
26 intent of the act to duplicate or conflict with any aspect of
27 the exclusive Federal regulatory authority applicable to
28 nuclear power plants and licensed plant operators but rather
29 to provide the Commonwealth with requisite, qualified
30 professional nuclear expertise to maintain a competent and
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1 continuing awareness of nuclear power plant activities
2 throughout this Commonwealth and to exclusively employ that
3 expertise for the appropriate and authorized needs of the
4 Commonwealth when such activities may have a significant
5 potential for consequences beyond the site of a nuclear power
6 plant. Accordingly, except as expressly and directly stated,
7 none of the provisions of Chapter 3 are applicable to nuclear
8 power plants and licensed plant operators.
9 (5) Maintain a technical emergency radiation response
10 capability within the Department of Environmental Resources,
11 in conjunction with the Pennsylvania Emergency Management
12 Agency, to respond to accidents at nuclear power plants or at
13 any other location throughout the Commonwealth.
14 (6) Assume licensing and regulatory responsibility for
15 radioactive materials from the Federal Government. This act
16 shall not authorize the department to license or operate low-
17 level radioactive waste disposal sites.
18 (7) Carry out comprehensive remedial action programs.
19 (8) Establish in the Pennsylvania Emergency Management
20 Agency a comprehensive radiation emergency response program
21 supported by fees from the nuclear industry.
22 (9) Establish a Radiation Transportation Emergency
23 Response Plan and Procedures for notification of spent
24 nuclear fuel shipments, Pennsylvania State Police escort and
25 establishing fees.
26 (10) Establish fees.
27 (11) Provide for notification by nuclear power facility
28 operating licensees of municipalities within the vicinity of
29 nuclear power facilities of unusual radioactivity.
30 (b) Additional findings.--The General Assembly further
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1 determines, declares and finds that:
2 (1) Nuclear power safety, environmental radiation
3 monitoring and radiation emergency response programs mandated
4 by this act are necessary to protect the public's health and
5 safety.
6 (2) The costs of the programs mandated by this act
7 related to nuclear power safety, environmental radiation
8 monitoring and radiation emergency response have risen as a
9 result of inflation and other costs.
10 (3) The nuclear power industry in this Commonwealth
11 benefits by the activities carried out by the department
12 under this act.
13 (c) Additional purpose.--The General Assembly therefore
14 further establishes that it is the purpose of this act to
15 increase the fees paid by the nuclear power industry to the
16 department to carry out the provisions of this act relating to
17 nuclear power safety, environmental radiation monitoring and
18 radiation emergency response.
19 Section 402. Nuclear facility fees.
20 * * *
21 (b) Department fees.--[Each person who has received a
22 nuclear power reactor facility construction permit or operating
23 license from the NRC shall pay to the department within 30 days
24 of the effective date of this act and by July 1 of each year an
25 annual fee of $150,000 per power reactor, regardless of the
26 number of reactors per site.]
27 (1) Each person who has received from the NRC a nuclear
28 power reactor facility construction permit or operating
29 license for such a facility located in this Commonwealth
30 shall pay to the department by July 1, 1992, for the fiscal
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1 year 1992-1993 or within 120 days of the effective date of
2 this paragraph within that fiscal year, whichever is later,
3 and by July 1, 1993, for the fiscal year 1993-1994 and by
4 July 1 for each succeeding fiscal year thereafter, a fee of
5 $400,000 for each associated nuclear power plant site which
6 the department requires, as provided for in this act, initial
7 establishment of or continuation of existing programs for
8 environmental monitoring, emergency response or radiation
9 safety. For the purposes of this subsection only, a nuclear
10 power plant site shall be deemed to be the location of one or
11 more nuclear power reactor facilities which have not been
12 officially decommissioned and dismantled pursuant to
13 applicable Federal law.
14 (2) Persons licensed by the NRC to possess but not
15 operate the following nuclear power reactor facilities shall
16 be exempt from the requirements of this section: Saxton
17 Nuclear Experimental Corporation Reactor and Peach Bottom
18 Atomic Power Station, Unit 1.
19 * * *
20 Section 403. Creation of special funds.
21 (a) Radiation Protection Fund.--
22 (1) There is hereby created in the General Fund a
23 restricted account to be known as the Radiation Protection
24 Fund. Fees and penalties received under sections 401 and
25 402(b) shall be deposited in this fund and are hereby
26 appropriated, subject to the following limitations, to the
27 department for the purpose of carrying out its powers and
28 duties under this act. Fees and penalties received under
29 section 402(b) are hereby appropriated to and shall be
30 expended by the department solely for the purposes of
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1 carrying out its powers and duties under this act relating to
2 the licensing, construction, surveillance, monitoring,
3 emergency planning and response, operation or decommissioning
4 of nuclear power reactor facilities and the general
5 administrative costs for such activities.
6 (2) In addition to the particular records and accounts
7 specified elsewhere in this act, the department, at all times
8 during the effective period of this act, shall maintain such
9 additional records and accounts in such form and manner as
10 will allow detailed review, examination and audit, by
11 appropriate qualified department staff or by the Auditor
12 General, of all monetary transactions involving the Radiation
13 Protection Fund.
14 (3) Within 120 days following June 30 of the fiscal year
15 1992-1993 and each fiscal year thereafter, the department
16 shall make available to each person who has paid fees and
17 penalties into the Radiation Protection Fund, during such
18 fiscal year, a report of the results of a financial audit of
19 all monetary transactions within the Radiation Protection
20 Fund during the preceding fiscal year. Such auditing shall be
21 performed in accordance with Federally accepted auditing
22 standards compatible with the most intensive current
23 practices of the Department of the Auditor General and may be
24 performed by the Department of the Auditor General in lieu of
25 being performed by the department. The report shall be in
26 sufficient form and detail as to demonstrate and verify that
27 fees and penalties received into the Radiation Protection
28 Fund have been expended in accordance with the limitations
29 stated in paragraph (1).
30 * * *
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1 Section 2. This act shall take effect immediately.
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