PRIOR PRINTER'S NOS. 1973, 2615 PRINTER'S NO. 3193
No. 1580 Session of 1983
INTRODUCED BY CAPPABIANCA, MANDERINO, PRATT, DOMBROWSKI, BOYES,
BOWSER, GRUITZA, ROBBINS, BOOK AND REBER, OCTOBER 12, 1983
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 13, 1984
AN ACT
1 Amending Title 35 (Health and Safety) of the Pennsylvania
2 Consolidated Statutes, providing for radiation emergency
3 response.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 35 of the Pennsylvania Consolidated
7 Statutes is amended by adding a part to read:
8 PART VI
9 MISCELLANEOUS PROVISIONS
10 Chapter
11 81. Radiation Emergency Response
12 CHAPTER 81
13 RADIATION EMERGENCY RESPONSE
14 Sec.
15 8101. Short title of chapter.
16 8102. Legislative policy.
17 8103. Definitions.
1 8104. Imposition and use of fees.
2 8105. Time for payment of fees.
3 8106. Radiation Emergency Response Fund.
4 8107. Radiation Emergency Response Program.
5 8108. Financial assistance.
6 8109. Reports.
7 8110. Transporting spent nuclear fuel by highway or rail.
8 8111. Penalties.
9 § 8101. Short title of chapter.
10 This chapter shall be known and may be cited as the Radiation
11 Emergency Response Code.
12 § 8102. Legislative policy.
13 It is declared to be the policy of the General Assembly to
14 protect the people of this Commonwealth against adverse health
15 effects resulting from radiation accidents by establishing a
16 mechanism for emergency preparedness to mitigate the effects of
17 such accidents. The General Assembly finds that it is
18 appropriate that the nuclear industry in this Commonwealth bear
19 costs associated with preparing and implementing plans to deal
20 with the effects of nuclear accidents. The fees assessed by this
21 chapter are intended to cover the costs of the Radiation
22 Emergency Response Program authorized by this chapter.
23 § 8103. Definitions.
24 The following words and terms when used in this chapter shall
25 have the meanings given to them in this section unless the
26 context clearly indicates otherwise:
27 "Agency." The Pennsylvania Emergency Management Agency.
28 "Council." The Pennsylvania Emergency Management Council.
29 "Department." The Department of Environmental Resources.
30 "Director." The Director of the Pennsylvania Emergency
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1 Management Agency.
2 "DOD." The United States Department of Defense or any
3 agencies which succeed to its functions in licensing fabricators
4 of nuclear material or storage of spent nuclear materials.
5 "DOE." The United States Department of Energy or any
6 agencies which succeed to its functions in licensing fabricators
7 of nuclear material or storage of spent nuclear materials.
8 "NRC." The United States Nuclear Regulatory Commission or
9 any agencies which succeed to its functions in the licensing of
10 nuclear power reactors or facilities for storing spent nuclear
11 fuel.
12 "Person." Includes individuals, partnerships, associations,
13 corporations, political subdivisions, municipality authorities,
14 the Commonwealth or any other legal entities.
15 "PSP." The Pennsylvania State Police.
16 § 8104. Imposition and use of fees.
17 (a) General rule.--Persons engaged in this Commonwealth in
18 the business of producing electricity utilizing nuclear energy,
19 operating facilities for shipping or storing spent nuclear
20 reactor fuel for others or fabrication of nuclear material shall
21 pay fees to cover the cost of establishing emergency plans to
22 deal with the possibility of nuclear accidents.
23 (b) Amount.--The fees shall consist of the following:
24 (1) A one-time fee of $350,000 and an annual fee of
25 $100,000 per year for each nuclear power reactor for which a
26 construction permit or operating license has been issued by
27 the NRC to be paid by the person issued the construction
28 permit or operating license.
29 (2) An annual fee of $50,000 per year for each site for
30 which a valid operating license has been issued by the NRC or
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1 DOE for the operation of any away-from-reactor spent fuel
2 storage facility to be paid by the person issued the license
3 for the storage of such products.
4 (3) An annual fee of $50,000 for each facility licensed
5 by the DOD, DOE or NRC for the purpose of fabrication of
6 nuclear material to be paid by the person so licensed.
7 (c) Use.--The fees shall be used by the agency for:
8 (1) Establishment and maintenance of plans prepared by
9 the agency, other Commonwealth agencies, school districts or
10 municipalities.
11 (2) Purchase of protective and emergency supplies and
12 equipment.
13 (3) Financial assistance to municipalities, school
14 districts and State agencies to carry out the purposes of
15 this chapter.
16 § 8105. Time for payment of fees.
17 (a) Annual fees.--Within 30 days after the beginning of each
18 fiscal year of the Commonwealth, each person who possessed a
19 construction permit or operating license issued by the NRC or
20 other Federal agency for a nuclear power reactor, spent fuel
21 storage facility or fabricator of nuclear material during any
22 portion of the previous fiscal year shall pay to the agency the
23 annual fees imposed by section 8104 (relating to imposition and
24 use of fees). Initial annual fee shall be paid prior to July 31,
25 1985.
26 (b) One-time reactor fee.--The one-time fee assessed under
27 section 8104(b)(1) for each nuclear reactor shall be paid to the
28 agency not less than three years prior to scheduled commencement
29 of commercial operation. For facilities which have commenced
30 commercial operation or are presently scheduled to commence
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1 commercial operation before January 1, 1988, this fee shall be
2 paid within 90 days of the effective date of this chapter.
3 § 8106. Radiation Emergency Response Fund.
4 All moneys received by the agency under this chapter shall be
5 deposited in the State Treasury and shall be set apart in a
6 special fund to be known as the Radiation Emergency Response
7 Fund. All moneys in the fund shall be invested by the State
8 Treasurer in accordance with established investment practices.
9 Interest earned on investments shall be returned to the fund.
10 Moneys deposited in the fund shall be expended by the agency
11 only to support the activities of the Radiation Emergency
12 Response Program.
13 § 8107. Radiation Emergency Response Program.
14 The agency shall develop a Radiation Emergency Response
15 Program. This program shall include an assessment of potential
16 nuclear accidents and incidents, the radiological consequences
17 and the necessary protective measurers required to mitigate the
18 effects of such accident or incident. The program shall include,
19 but not necessarily be limited to:
20 (1) Development of a detailed fixed facility nuclear
21 emergency response plan for areas surrounding each nuclear
22 electrical generation facility, nuclear fabricator and away-
23 from-reactor storage facility: PROVIDED, HOWEVER, THAT NO <--
24 SUCH PLAN SHALL DEPEND UPON OR UTILIZE THE SERVICES OF ANY
25 VOLUNTEER ORGANIZATION, FIRE COMPANY OR RESCUE ORGANIZATION
26 UNLESS THAT PARTICULAR VOLUNTEER ORGANIZATION WAS ACTIVELY
27 INVOLVED IN AND CONSULTED WITH CONCERNING THE PREPARATION AND
28 EXECUTION OF THE PLAN.
29 (2) Training and equipping of State and local emergency
30 response personnel.
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1 (3) Development of accident scenarios and exercising of
2 fixed facility nuclear emergency response plans.
3 (4) Procurement of specialized supplies and equipment.
4 (5) Provision for financial assistance to
5 municipalities, school districts and State agencies to assist
6 them in carrying out the purposes of this chapter.
7 § 8108. Financial assistance.
8 (a) General provisions.--Applications by municipalities,
9 school districts and State agencies to pay personnel, conduct
10 training or purchase protective supplies and equipment
11 principally required to carry out the purposes of this chapter
12 shall be made to the agency which shall make the disbursements
13 pursuant to regulations promulgated by the council.
14 (b) Reimbursement provisions.--Municipalities, school
15 districts and State agencies may apply for reimbursement of
16 costs not previously recouped which were required to be expended
17 by the NRC for personnel costs, training expenses, EMERGENCY <--
18 PLAN PREPARATION AND ESTABLISHMENT, and protective supplies and
19 equipment on or after March 28, 1979 and prior to the effective
20 date of this act.
21 § 8109. Reports.
22 On September 1 of each year, the agency shall submit a report
23 on its operations for the preceding fiscal year to the Governor
24 and the General Assembly. The report shall include a summary of
25 the activities of the Radiation Emergency Response Program, a
26 proposed operating budget, financial statement and a listing of
27 applications received and disbursements or reimbursements made
28 to municipalities, school districts and State agencies pursuant
29 to section 8108 (relating to financial assistance).
30 § 8110. Transporting spent nuclear fuel by highway or rail.
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1 (a) Notice.--It is unlawful for any person to transport upon
2 the highways or rails of this Commonwealth any spent nuclear
3 fuel unless that person notifies the agency in advance of
4 transporting the spent nuclear fuel in accordance with 10 C.F.R.
5 § 71.5(a) and (b).
6 (b) Escort.--All shipments of spent nuclear fuel to, within,
7 through or across the boundaries of the Commonwealth shall be
8 escorted by the Pennsylvania State Police. The PSP will be
9 reimbursed for such escorts by the person issued the license by
10 the NRC at the following rates: $20 per hour per officer and 50¢
11 per mile for highway shipments. Rail shipments shall be based on
12 a rate of $25 per hour per officer. The licensee shall, in
13 addition to the notification required by subsection (a), notify
14 the PSP of the approximate time the shipment will commence or
15 arrive at the Pennsylvania border to allow for deployment of
16 required escort. If the shipment is canceled after PSP
17 notification, the licensee shall compensate the PSP the
18 appropriate rate for four hours of the officer's time.
19 (c) Authorization.--Shipments shall be authorized subject to
20 the Commonwealth's authority to delay individual highway and
21 rail shipments due to specific holiday or safety considerations
22 including, but not limited to, weather, highway or rail
23 conditions.
24 (d) Rules and regulations.--The PSP may adopt rules and
25 regulations to implement this section.
26 § 8111. Penalties.
27 (a) First offense.--Any person violating any provision of
28 this chapter commits a misdemeanor and shall, upon conviction,
29 be sentenced to pay a fine of not less than $500 nor more than
30 $5,000 or to imprisonment for not more than 60 days, or both.
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1 (b) Subsequent offenses.--Any person, having been convicted
2 of a first offense under this chapter and who is at a later time
3 convicted of a second or subsequent offense, shall be sentenced
4 to pay a fine of not less than $2,500 nor more than $10,000 or
5 to imprisonment for not less than 60 days nor more than one
6 year, or both.
7 Section 2. This act shall take effect January 1, 1985.
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