AN ACT

 

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
14through July 1, 2014, each person who has a current nuclear
15power reactor construction permit or operating license from
16the NRC for a site within this Commonwealth shall pay the
17department an annual fee of $550,000 per nuclear power
18reactor site, regardless of the number of individual nuclear
19power reactors located at the site. By July 1, 2015, and July 
201 of each year thereafter, each person who has a current 
21nuclear power reactor construction permit or operating 
22license from the NRC for a site within this Commonwealth 
23shall pay the department an annual fee of $650,000 per 
24nuclear power reactor site, regardless of the number of 
25individual nuclear power reactors located at the site. For
26the purposes of this subsection only, a nuclear power reactor
27site shall be deemed to be the location of one or more
28individual nuclear power reactors which still has spent
29nuclear fuel stored onsite, has not been fully dismantled and
30decommissioned pursuant to applicable Federal law and

1regulations and has not been granted license termination by
2the NRC.

3* * *

<-4(c) Agency fees.--

5(1.1) (i) [Within 30 days of the effective date of this
6paragraph, each person who has a current nuclear power
7reactor construction permit or operating license from the
8NRC for a site within this Commonwealth shall pay the
9agency, regardless of the number of individual nuclear
10power reactors located at the site, $100,000 to be
11deposited into the Radiological Emergency Response
12Planning and Preparedness Program Fund to be collected
13and used by the agency in accordance with the provisions
14of 35 Pa.C.S. § 7320 (relating to radiological emergency
15response preparedness, planning and recovery program) and
16$50,000 to be deposited into the Radiation Emergency
17Response Fund to be collected and used by the agency for
18radiological emergency response equipment, planning,
19training and exercise costs involving nonagency
20personnel.] By July 1, 2007, and July 1 of each year
21thereafter through July 1, 2014, each person who has a
22current nuclear power reactor construction permit or
23operating license from the NRC for a site within this
24Commonwealth shall pay the agency the following fees,
25regardless of the number of individual nuclear power
26reactors located at the site:

27(A) $200,000 to be collected and used by the
28agency in accordance with the provisions of 35 
29Pa.C.S. § 7320 (relating to radiological emergency 
30response preparedness, planning and recovery
 

1program).

2(B) $150,000 to be collected and used by the
3agency for radiological emergency response equipment,
4planning, training and exercise costs involving
5nonagency personnel.

6(i.1) By July 1, 2015, and July 1 of each year
7thereafter, each person who has a current nuclear power
8reactor construction permit or operating license from the
9NRC for a site within this Commonwealth shall pay the
10agency the following fees, regardless of the number of
11individual nuclear power reactors located at the site:

12(A) $275,000 to be collected and used by the
13agency in accordance with the provisions of 35
14Pa.C.S. § 7320.

15(B) $150,000 to be collected and used by the
16agency for radiological emergency response equipment,
17planning, training and exercise costs involving
18nonagency personnel.

19(ii) Payments collected under [subparagraph (i)(A)]
20subparagraphs (i)(A) and (i.1)(A) shall be deposited into
21the Radiological Emergency Response Planning and
22Preparedness Program Fund established pursuant to 35 
23Pa.C.S. § 7320(c). Payments collected under [subparagraph
24(i)(B)] subparagraphs (i)(B) and (i.1)(B) shall be
25deposited into the Radiation Emergency Response Fund. For
26the purposes of this subsection only, a nuclear power
27reactor site shall be deemed to be the location of one or
28more individual nuclear power reactors which still has
29spent nuclear fuel stored onsite, has not been fully
30dismantled and decommissioned pursuant to applicable

1Federal law and regulations and has not been granted
2license termination by the NRC.

3* * *

4Section 2. This act shall take effect July 1, 2014, or
5immediately, whichever is later.