EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0536*
SENATE BILL 536
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By: Senator Jackson
Introduced and read first time: January 24, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Environment – Nuclear Power Plants – Emergency Preparedness 2
(Radiation and Emergency Preparedness and Protection Act) 3
FOR the purpose of establishing the Radiation Emergency Response Program in the 4
Department of the Environment; requiring the Department of the Environment to 5
serve as an off–site response organization and the lead State agency for all nuclear 6
incidents within the State; requiring the Department of the Environment to prepare 7
a technical emergency radiation response plan, respond to emergencies involving a 8
nuclear power plant, participate in a certain federal program, and procure certain 9
specialized equipment; requiring the owner of a nuclear power plant to remit certain 10
fees to the Department of the Environment for a certain purpose; authorizing the 11
Department of the Environment to annually increase certain fees under certain 12
circumstances; requiring the Department of the Environment to transfer a certain 13
fee collected to the Maryland Department of Emergency Management for 14
radiological emergency response preparedness activities; establishing the Radiation 15
Emergency Response Fund as a special, nonlapsing fund; requiring interest earnings 16
of the Fund to be credited to the Fund; and generally relating to nuclear power plants 17
and emergency preparedness. 18
BY repealing and reenacting, with amendments, 19
Article – Environment 20
Section 8–101 and 8–102 21
Annotated Code of Maryland 22
(2013 Replacement Volume and 2023 Supplement) 23
BY adding to 24
Article – Environment 25
Section 8–701 through 8–704 to be under the new subtitle “Subtitle 7. Emergency 26
Preparedness” 27
Annotated Code of Maryland 28
(2013 Replacement Volume and 2023 Supplement) 29 2 SENATE BILL 536
BY repealing and reenacting, without amendments, 1
Article – State Finance and Procurement 2
Section 6–226(a)(2)(i) 3
Annotated Code of Maryland 4
(2021 Replacement Volume and 2023 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – State Finance and Procurement 7
Section 6–226(a)(2)(ii)189. and 190. 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2023 Supplement) 10
BY adding to 11
Article – State Finance and Procurement 12
Section 6–226(a)(2)(ii)191. 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2023 Supplement) 15
SECTION 1. BE IT ENACT ED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Environment 18
8–101. 19
(a) In this title the following words have the meanings indicated. 20
(b) “Board” means the Radiation Control Advisory Board. 21
(c) “Emergency” means a sudden and unforeseen condition of such public gravity 22
and urgency that it requires immediate response to protect the public health and welfare. 23
(D) “EMERGENCY PLANNING ZO NE” MEANS A PLUME EXPOSU RE PATHWAY 24
EMERGENCY PLANNING Z ONE, AS DESCRIBED IN 10 C.F.R. § 50.47(C)(2). 25
[(d)] (E) “General license” means a license that, under the rules and regulations 26
adopted by the Department under this title, is effective without the filing of an application 27
by the licensee. 28
(F) “NUCLEAR INCIDENT ” MEANS ANY OCCURRENCE , INCLUDING AN 29
EXTRAORDINARY NUCLEA R OCCURRENCE , OR SERIES OF OCCURRE NCES AT A 30
NUCLEAR POWER PLANT WITH THE POTENTIAL F OR CAUSING BODILY IN JURY, 31
SICKNESS, DISEASE, DEATH, LOSS OF OR DAMAGE TO PROPERTY, OR LOSS OF USE OF 32
PROPERTY RESULTING F ROM THE RADIOACTIVE , TOXIC, EXPLOSIVE, OR OTHER 33
HAZARDOUS PROPERTIES OF THE RADIOACTIVE M ATERIAL USED BY A NU CLEAR 34 SENATE BILL 536 3
POWER PLANT OR STORE D ON ITS PROPERTY . 1
(G) (1) “NUCLEAR POWER PLANT ” MEANS ANY FACILITY C APABLE OF 2
PRODUCING ELECTRICIT Y USING NUCLEAR ENER GY: 3
(I) 1. THAT IS LOCATED IN TH E STATE; OR 4
2. WITH AN EMERGENCY PLA NNING ZONE THAT 5
INCLUDES ANY AREA OF THE STATE; AND 6
(II) FOR WHICH THE DEPARTMENT PARTICIPAT ES IN PLANNING 7
AND RESPONSE ACTIVIT IES RELATED TO THE F ACILITY. 8
(2) “NUCLEAR POWER PLANT” INCLUDES A FACILITY WITH ONE OR 9
MORE NUCLEAR POWER R EACTORS THAT : 10
(I) HAS SPENT NUCLEAR FUE L STORED ONSITE ; 11
(II) HAS NOT BEEN FULLY DI SMANTLED AND DECOMMI SSIONED 12
IN ACCORDANCE WITH A PPLICABLE FEDERAL LA W AND REGULATIONS ; OR 13
(III) HAS NOT BEEN GRANTED LICEN SE TERMINATION BY TH E U.S. 14
NUCLEAR REGULATORY COMMISSION. 15
(H) “NUCLEAR REGULATORY COMMISSION” MEANS THE U.S. NUCLEAR 16
REGULATORY COMMISSION OR ANY SUC CESSOR ENTITY RESPON SIBLE FOR FEDERAL 17
REGULATION OF NUCLEA R ENERGY. 18
(I) “OFF–SITE RESPONSE ORGANIZATION ” MEANS A STATE , LOCAL, OR 19
TRIBAL GOVERNMENTAL ORGANIZATION RESPONS IBLE FOR CARRYING OU T 20
EMERGENCY RESPONSE F UNCTIONS DURING A NU CLEAR INCIDENT . 21
[(e)] (J) “Person” includes any public or municipal corporation and any agency, 22
bureau, department, or instrumentality of State or local government and, to the extent 23
authorized by federal law, federal government. 24
[(f)] (K) “Radiation” means: 25
(1) Ionizing radiation, including gamma rays, X–rays, alpha particles, beta 26
particles, neutrons, high speed electrons, high speed protons, and any other atomic or nuclear 27
particles or rays; 28
(2) Any electromagnetic radiation that can be generated during the 29
operation of a manufactured device that has an electronic circuit; or 30
4 SENATE BILL 536
(3) Any sonic, ultrasonic, or infrasonic waves that are emitted as a result of 1
the operation, in a manufactured device, of an electronic circuit that can generate a physical 2
field of radiation. 3
[(g)] (L) “Specific license” means a license that, under the rules and regulations 4
adopted by the Department under this title, is effective only after the applicant files an 5
application and the Department approves the application. 6
8–102. 7
(a) The General Assembly finds that radiation: 8
(1) If used properly, can help to improve the health, welfare, and productivity 9
of the public; 10
(2) If used carelessly or excessively, may destroy life or health; and 11
(3) If used improperly, may impair the industrial and agricultural potential 12
of this State. 13
(b) It is the policy of this State: 14
(1) To encourage the constructive uses of radiation; [and] 15
(2) To control radiation; AND 16
(3) TO PROTECT THE PUBLIC FROM UNNECESSARY AND HARMFUL 17
EXPOSURE RESULTING F ROM A NUCLEAR INCIDE NT. 18
SUBTITLE 7. EMERGENCY PREPAREDNESS . 19
8–701. 20
(A) IT IS THE POLICY OF T HE STATE TO PROTECT THE PUBLIC AGAINST 21
ADVERSE HEALTH EFFEC TS RESULTING FROM NU CLEAR INCIDENTS AND MITIGATE 22
THE IMPACTS OF NUCLE AR INCIDENTS BY ESTA BLISHING A STATE OF READINESS 23
THROUGH EMERGENCY PR EPAREDNESS . 24
(B) THE GENERAL ASSEMBLY FINDS THAT THE NUCLEAR INDUSTRY SHO ULD 25
BEAR THE COSTS ASSOC IATED WITH DEVELOPIN G AND IMPLEMENTING P LANS TO 26
PREPARE FOR AND MITI GATE THE IMPACTS OF NUCLEAR INCIDENTS . 27
8–702. 28
(A) (1) THERE IS A RADIATION EMERGENCY RESPONSE PROGRAM. 29 SENATE BILL 536 5
(2) THE DEPARTMENT SHALL ADMI NISTER THE PROGRAM. 1
(B) THE DEPARTMENT SHALL SERV E AS: 2
(1) AN OFF–SITE RESPONSE ORGANI ZATION; AND 3
(2) THE LEAD STATE AGENCY FOR PROT ECTIVE ACTIONS FOR A LL 4
NUCLEAR INCIDENTS WI THIN THE STATE. 5
(C) THE DEPARTMENT SHALL : 6
(1) (I) PREPARE A TECHNICAL E MERGENCY RADIATION R ESPONSE 7
PLAN FOR INCORPORATI ON INTO THE STATE EMERGENCY MANAG EMENT PROGRAM 8
DEVELOPED BY THE MARYLAND DEPARTMENT OF EMERGENCY MANAGEMENT IN 9
ACCORDANCE WITH TITLE 14 OF THE PUBLIC SAFETY ARTICLE; AND 10
(II) RESPOND TO EMERGENCIES T HAT INVOLVE A NUCLEA R 11
POWER PLANT ; 12
(2) PARTICIPATE IN THE FEDERAL EMERGENCY MANAGEMENT 13
ADMINISTRATION ’S RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM 14
ACTIVITIES APPLICABL E TO EACH NUCLEAR PO WER PLANT; AND 15
(3) PROCURE SPECIALIZED S UPPLIES AND EQUIPMENT FOR 16
RESPONDING TO EMERGE NCIES THAT INVOLVE A NUCLEAR POWER PLANT . 17
8–703. 18
(A) THE OWNER OF A NUCLEA R POWER PLANT SHALL , FOR EACH NUCLEAR 19
POWER PLANT OWNED , REMIT THE FEES REQUI RED UNDER THIS SECTI ON TO THE 20
DEPARTMENT . 21
(B) (1) ON OR BEFORE JULY 1, 2024, AND EACH JULY 1 THEREAFTER , 22
THE OWNER OF A NUCLE AR POWER PLANT SHALL PAY TO THE DEPARTMENT : 23
(I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A FEE 24
OF $300,000 FOR THE OPERATIONAL COSTS OF THE RADIATION EMERGENCY 25
RESPONSE PROGRAM; AND 26
(II) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS 27
SUBSECTION, A FEE OF $60,000 FOR RADIOLOGICAL EME RGENCY RESPONSE 28
PREPAREDNESS . 29
6 SENATE BILL 536
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 1
DEPARTMENT MAY ANNUAL LY INCREASE THE FEES UNDER PARAGRAPH (1) OF THIS 2
SUBSECTION IN ACCORD ANCE WITH THE PERCEN TAGE INCREASE IN THE 3
CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE WASHINGTON 4
METROPOLITAN AREA DURING THE PREVI OUS YEAR TO ENSURE A DEQUATE 5
FUNDING FOR THE OPER ATIONAL COSTS OF THE RADIATION EMERGENC Y 6
RESPONSE PROGRAM. 7
(II) THE DEPARTMENT MAY NOT AN NUALLY INCREASE THE 8
FEES UNDER PARAGRAPH (1) OF THIS SUBSECTION B Y MORE THAN 3%. 9
(3) THE DEPARTMENT SHALL TRAN SFER THE FEE COLLECT ED 10
UNDER PARAGRAPH (1)(II) OF THIS SUBSECTION T O THE MARYLAND DEPARTMENT 11
OF EMERGENCY MANAGEMENT FOR RADIOL OGICAL EMERGENCY RES PONSE 12
PREPAREDNESS ACTIVIT IES. 13
(C) EXCEPT AS PROVIDED IN SUBSECTION (B)(3) OF THIS SECTION , THE 14
FEES COLLECTED UNDER THIS SECTION SHALL B E PAID INTO THE RADIATION 15
EMERGENCY RESPONSE FUND UNDER § 8–704 OF THIS SUBTITLE . 16
8–704. 17
(A) IN THIS SECTION , “FUND” MEANS THE RADIATION EMERGENCY 18
RESPONSE FUND. 19
(B) THERE IS A RADIATION EMERGENCY RESPONSE FUND. 20
(C) THE PURPOSE OF THE FUND IS TO SUPPORT TH E COSTS OF DEVELOPIN G 21
AND IMPLEMENTING THE RADIATION EMERGENCY RESPONSE PROGRAM. 22
(D) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 23
(E) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 24
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 25
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 26
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 27
(F) THE FUND CONSISTS OF : 28
(1) FEES COLLECTED UNDER § 8–703(B)(1)(I) OF THIS SUBTITLE; 29
(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 30 SENATE BILL 536 7
(3) INTEREST EARNINGS ; AND 1
(4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTE D FOR 2
THE BENEFIT OF THE FUND. 3
(G) THE FUND MAY BE USED ONLY FOR DEVELOPING AND I MPLEMENTING 4
THE RADIATION EMERGENCY RESPONSE PROGRAM, INCLUDING ADMINISTRA TIVE 5
EXPENSES. 6
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 7
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 8
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 9
THE FUND. 10
(I) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 11
WITH THE STATE BUDGET . 12
(J) MONEY EXPEND ED FROM THE FUND FOR THE RADIATION EMERGENCY 13
RESPONSE PROGRAM IS SUPPLEMENT AL TO AND IS NOT INT ENDED TO TAKE THE 14
PLACE OF FUNDING THA T OTHERWISE WOULD BE APPROPRIATED FOR THE 15
RADIATION EMERGENCY RESPONSE PROGRAM. 16
Article – State Finance and Procurement 17
6–226. 18
(a) (2) (i) Notwithstanding any other provision of law, and unless 19
inconsistent with a federal law, grant agreement, or other federal requirement or with the 20
terms of a gift or settlement agreement, net interest on all State money allocated by the 21
State Treasurer under this section to special funds or accounts, and otherwise entitled to 22
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 23
Fund of the State. 24
(ii) The provisions of subparagraph (i) of this paragraph do not apply 25
to the following funds: 26
189. the Teacher Retention and Development Fund; [and] 27
190. the Protecting Against Hate Crimes Grant Fund; AND 28
191. THE RADIATION EMERGENCY RESPONSE FUND. 29
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 30 8 SENATE BILL 536
1, 2024. 1